Loading...
HomeMy WebLinkAbout80-07 RESOLUTIONRESOLUTION NO. 80-07 A RESOLUTION AWARDING A CONTRACT TO TOMLINSON ASPHALT COMPANY, INC. IN THE AMOUNT OF $187,760.00 FOR TRAFFIC CALMING CONSTRUCTION IN THE WILSON PARK AND WASHINGTON/WILLOW NEIGHBORHOODS AS PART OF THE TRANSPORTATION IMPROVEMENT BOND PROGRAM; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $18,776.00. 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 awards a contract to Tomlinson Asphalt Company, Inc. in the amount of $187,760.00 for traffic calming construction in the Wilson Park and Washington/Willow Neighborhoods as part of the Transportation Improvement Bond Program. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a project contingency in the amount of $18,776.00. PASSED and APPROVED this 1st day of May, 2007. APPROVED: By ATTEST: DAN COODY, Mayor ....... `tt 11(7/4"4/1 z,G•cSY Oc •G p%.\FR • •E'S, V• •;U� E :FAYETTEVILLE; %fie By: 611tA1 r SONDRA E. SMITH, City Clerk/Treasurer WPkANS�'� ttttt t 11111 • Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the i Yt day of 71J - in the year 2007 by and and and the and between the City of Fayetteville, Arkansas and Tomlinson City of Fayetteville and Contractor, in consideration Article 1. WORK. Contractor shall complete all Work as specified or The work generally consists of construction of Traffic and Specifications. Construction items may include. other existing improvements, placement of concrete miscellaneous concrete items, pavement striping, Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Dept. 113 W. Mountain Fayetteville, Arkansas 72701 who is hereinafter called Engineer and who is to responsibilities, and have the rights and authority completion of the Work in accordance with the Contract Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed Contract Time commences to run as provided ready for final payment in accordance with consecutive calendar days after the date 3.2. Liquidated Damages. City of Fayetteville when will the Three of indicated Calming demolition signage, act as assigned in paragraphs the suffer extensions delays, is not agree Asphalt the mutual in the Devices for traffic and other City of to Engineer documents. within and 120 covenants Contract circles, Fayetteville's consecutive Company, Inc. (hereinafter called Contractor). hereinafter set forth, agree as follows: Documents. and appurtenances as indicated in the Drawings removal of concrete and/or asphalt pavement speed tables, curb and gutter, and other related items. representative, assume all duties in the Contract Documents in connection with calendar days after the date when of the General Conditions, and completed & C of the General Conditions within 150 paragraph 14.07.B Contract and Contractor financial thereof expense completed that as liquidated Hundred 2.03 Time Toss on Fifty commences to run. recognize that time is of the essence of if the Work is not completed within the times allowed in accordance with Article 12 of and difficulties involved in proving the actual loss time. Accordingly, instead of requiring any such damages for delay (but not as a penalty) dollars ($350.002 for each day that expires after the the the Agreement and that City of Fayetteville specified in paragraph 3.1 above, plus and General Conditions. They also recognize suffered by City of Fayetteville if the Work proof, City of Fayetteville and Contractor Contractor shall pay City of Fayetteville the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within Wilson Park and Washington -Willow Area Traffic Calming March, 2007 Page 00500-1 City of Fayetteville Engineering Division time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by City of Fayetteville, Contractor shall pay City of Fayetteville Three Hundred Fifty dollars ($350.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment Article 4. CONTRACT PRICE. City of Fayetteville shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. Item Estimated No. Item Description Unit Quantity Unit Price Total Price CT n A W N r Mobilization LS 1 $8,500.00 Speed Tables EA 22 _$8,500.00 $5,400.00 $118,800.00 Landscaped Islands EA 3 $8,500.00 $25,500.00 Curb and Gutter LF 500 $22.00 $11,000.00 Additional Speed Table Width LF 40 $200.00 $8,000.00 Concrete Pavement Removal and Repair SY 210 $76.00 $15,960.00 TOTAL BID $187,760.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and de erminations of actual quantities and classifications are to be made by Engineer as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.0 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1. Progress Payments. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-2 paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the Engineer, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to City of Fayetteville as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce City of Fayetteville to enter into this Agreement Contractor makes the following representations: 6.1. Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. Contractor has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. Contractor accepts the determination set forth in paragraph SC - 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, • Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-3 • • investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. Contractor is aware of the general nature of work to be performed by City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City of Fayetteville and Contractor concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds (Exhibits A and B respectively). 7.3. Certificates of Insurance (Exhibit C). • 7.4. Documentation submitted by Contractor prior to Notice of Selection. 7.5. General Conditions (pages 1 to 41, inclusive). 7.6. Supplementary Conditions (pages 1 to 10 inclusive). 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. 7.10. Addenda number 7.11. Drawings (not attached hereto) consisting of cover sheets and additional sheets with each sheet bearing the following general titles: Wilson Park and Washington -Willow Area Traffic Calning (5 sheets total) 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-4 7.12.1. Notice to Proceed 7.12.2. 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 7.1-7.12 et seq above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. City of Fayetteville and Contractor each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A C A §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA maybe assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-5 IN WITNESS quadruplicate. been delivered Fayetteville This Agreement OWNER. By: and to City WHEREOF, One Contractor. Contractor will of counterpart be effective Fayetteville All or identified CITY OF FAYETTEVILLE and each has been delivered to City of Fayetteville portions of the Contract Documents by Engineer on their behalf. on %%/Gy. fit , 2007 CONTRACTOR and Engineer, have been signed, (which is the Effective have initialed, Tomlinson signed this and two counterparts or identified Date of Asphalt the Agreement in have by City of Agreement). Company, '^ CON TRACTOR: 7 /_.i.1St<By:e:�/ Inc. /� Mayor [CORPORATE Dan Coody SEAL] 4 �e..czy/TR ''.,�� ` c\-. ,.• �' • ° S•<C'% E ••FAYETTEVILLE; j. :s.. :9sA/tkN*. %/Jim (;ji°ne,,,✓IaNRj'ee rye-' r.st, •7,,'.: `' N. " [CORPORATE 20J—i.e.,...) Title : -- " � ?• ' +tee .id .. SEAL], ..$.> A\ ,''.NG . ......TON .,,.� 644:11 a Attest �4 Attest Address for giving notices (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) * If a Corporation, attest by the Secretary. Address for giving notices /`fil k! l/Av( 11-siAl Fay. 4r -72%0y License No. foot( OIL (0807 Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign) • Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-6 • Ron Petrie Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 5/1/2007 City Council Meeting Date Engineering • • Division Action Required: Operations Department A Resolution to award a contract to Tomlinson Asphalt Company, Inc. in the amount of $187,760.00 and to approve a project contingency of $18,776.00 for Traffic Calming Construction in Wilson Park and Washington/Willow Neighborhoods as Part of the Transportation Improvement Bond Program. 206,536.00 Cost of this request 4520.9520.5809.00 Account Number 06035.0601 Project Number Budgeted Item X $ 24,496,473.00 Category / Project Budget Wilson ParkANashington Willow Area Trans. Impts. Program Category / Project Name 632,968.00 Street Improvements Funds Used to Date 23, 863, 505.00 Remaining Balance Budget Adjustment Attached Program / Project Category Name 2006A Sales Tax Construction Fund Name Department 1 rec • C)9 p City Attorne "y ct Finance and Internal Service Director 4-0467 Date '7 (17/70 Date k -t7^2007 Date Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in Mayor's Office Comments: • City Council Meeting of May 1, 2007 CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Ron Petrie, City Engineer JR Date: April 13, 2007 Subject: A Resolution to award a contract to Tomlinson Asphalt Company, Inc. in the amount of $187,760.00 and to approve a project contingency of $18,776.00 for Traffic Calming Construction in Wilson Park and Washington/Willow Neighborhoods as Part of the Transportation Improvement Bond Program. RECOMMENDATION Staff recommends award of a construction contract in the amount of $187,760.00 to Tomlinson Asphalt Company of Fayetteville, and approval of a project contingency of $18,776.00 (10% of construction bid) on the Wilson Park and Washington Willow Areas Traffic Calming project. BACKGROUND This project includes installation of a total of 22 speed tables and 3 landscaped islands in the Wilson Park and Washington/Willow Neighborhoods. The work to be completed in each neighborhood has been reviewed by the respective Neighborhood Associations. This work is part of a larger project entitled Wilson Park Area/Washington-Willow Area Transportation Improvements, which is included in the Transportation Bond Program. DISCUSSION The following are the results of the bid opening for this project: Bidder Bid Amount Tomlinson Asphalt Company Midland Construction Sweetser Construction $ 187,760.00 (Low Bidder) $ 194,940.00 $ 196,600.00 The low bid is approximately 40% below the Engineer's Estimate for the project. 1 City Council Meeting of May 1, 2007 The total estimated project costs, including a project contingency of 10% of the Construction bid, are as follows: Contractor Bid $187,760.00 Construction Contingency $18,776.00 In House Construction Mgmt $20,000.00 Materials Testing $5,000.00 Total Estimated Project Cost $231,536.00 BUDGET IMPACT The Wilson Park/Washington Willow Transportation Improvements Project is a subproject of the Transportation Bond Project The total budget for this subproject is $4,277,000. The cost of the Traffic Calming construction will be paid for from these funds 2 • RESOLUTION NO. A RESOLUTION AWARDING A CONTRACT TO TOMLINSON ASPHALT COMPANY, INC IN THE AMOUNT OF $187,760.00 FOR. TRAFFIC CALMING CONSTRUCTION IN THE WILSON PARK AND WASHINGTON/WILLOW NEIGHBORHOODS AS PART OF THE TRANSPORTATION IMPROVEMENT BOND PROGRAM; AND APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF $18,776.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville,: Af ansas hereby awards a contract to Tomlinson Asphalt Company, Inc. , e a _ cunt of $187,760.00 for traffic calming construction i hefWil'soh I anc and Washington/Willow Neighborhoods as part of thePrins.ortation Imp o ement Bond Program. Section 2. That the City Council hereby approves a projec cf ontihgency ix A ' PRo D this 1s e City of(Fay eville, A Fkansas e amount o' .$8,776.00. ire P SED anday, 200710 APP By: DEAN COOT Y, Mayor SONDRA E. SMITH, City Clerk/Treasurer • C a Y 2a a 000000 000000 000000 O 0 ai1D w O e -w w 44-.40 a> O tri .4 O 0 GC w a o rw $196.600.00' • a ap 0 m II p CO w gyo8Q88888 8 8 R Midland Construction Bid Price $5,200.00 0 M r 0 N 0 Otos` Ls (00'008`8$ 0 0 0 vi h . $194,940.00 w o 8. gbh 8 8 8 8 88 a G V 2 a. c a _ E _8 a 1 O O a! O w w $118,800.001 O 0 OO 0 10000 2wwa O 0 0 O 0 OO 0 0 0 w $187.760.00 8 8$ 8 8 8 } w W A . 3.00 500.00 0 0 TOTAL BID AMOUNTI lz Z D w -I m W fi W LL ry co J Linear Ft Sq. Yds DESCRIPTION I Moblization (1) 'Standard Width Speed Tables v cN N Curb and Gutter Speed Table Width...- :•- a a cC 2 C co N 0 O E 0 tt E E 2 N> 8 QN ` J Additional 'Concrete iSk w' H -N M a 00 Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 2005 by and and and the and between the City of Fayetteville, Arkansas and Tomlinson City of Fayetteville and Contractor, in consideration Article 1. WORK Contractor shall complete all Work as specified or The work generally consists of construction of Traffic and Specifications. Construction items may include: other existing improvements, placement of concrete miscellaneous concrete items, pavement striping, Article 2. ENGINEER. The Project has been designed by City of Fayetteville Engineering Dept. 113.W. Mountain Fayetteville, Arkansas 72701 who is hereinafter called Engineer and who is to responsibilities, and have the rights and authority completion of the Work in accordance with the Contract Article 3. CONTRACT TIME. 3.1. The Work shall be substantially completed Contract Time commences to run as provided ready for final payment in accordance with consecutive calendar days after the date 3.2. Liquidated Damages. City of Fayetteville Agreement and that City of Fayetteville specified in paragraph 3.1 above, plus and General Conditions. They also recognize suffered by City of Fayetteville if the Work proof, City of Fayetteville and Contractor Contractor shall pay City of Fayetteville when will the Three of indicated Calming demolition signage, act assigned in paragraphs the suffer extensions delays, is not agree Asphalt the mutual in the Devices for traffic and other as City of to Engineer documents. within 120 and Fayetteville's covenants Contract circles, Company, Inc. (hereinafter called Contractor). hereinafter set forth, agree as follows: Documents. and appurtenances as indicated in the Drawings removal of concrete and/or asphalt pavement speed tables, curb and gutter, and other related items. representative, assume all duties in the Contract Documents in connection with consecutive calendar days after the date when of the General Conditions, and completed & C of the General Conditions within 150 paragraph 14.07.B Contract and Contractor financial thereof expense completed that as liquidated Hundred 2.03 Fifty Time commences to run. recognize that time is of the essence of loss if the Work is not completed within the times allowed in accordance with Article 12 of and difficulties involved in proving the actual loss on time. Accordingly, instead of requiring any such damages for delay (but not as a penalty) dollars ($350.00) for each day that expires after the the the the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within •Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-1 time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by City of Fayetteville, Contractor shall pay City of Fayetteville Three Hundred Fifty dollars ($350.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment Article 4. CONTRACT PRICE. City of Fayetteville shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in cun cut 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. Item No. Item Description Unit Estimated Quantity Unit Price Total Price LS 1 $8,500.00 $8,500.00 1 Mobilization EA 22 ‘ $5,400.00 $118,800.00 2 Speed Tables EA 3 $9,500.00 $25,500.00 3 Landscaped Islands LF 500 $22.00 $11,000.00 4 Curb and Gutter LF 40 $200.00 $8,000.00 5 Additional Speed Table Width Sy 210 $76.00 $15,960.00 6 Concrete Pavement Removal and Repair TOTAL BID $187,760.00 As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.0 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1. Progress Payments. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00500-2 amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), If Work has been 50 percent completed as determined by the Engineer, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to City of Fayetteville as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 98 percent of the Contract Price (with. the balance of 2 percent being retainage), less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs 14.07.B & C of the General Conditions, City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraphs 14.07.B & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce City of Fayetteville to enter into this Agreement Contractor makes the following representations: 6.1. Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." 6.2. Contractor has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. 6.3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. Contractor accepts the determination set forth in paragraph SC - 4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and •Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-3 • carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 6.5. Contractor is aware of the general nature of work to be performed by City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. 6.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and famishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City of Fayetteville and Contractor concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). 7.2. Performance and Payment Bonds (Exhibits A and B respectively). 7.3. Certificates of Insurance (Exhibit C). 7.4. Documentation submitted by Contractor prior to Notice of Selection. 7.5. General Conditions (pages 1 to 41, inclusive). 7.6. Supplementary Conditions (pages 1 to 10 inclusive). 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. 7.10. Addenda number 7.11. Drawings (not attached hereto) consisting of cover sheets and additional sheets with each sheet bearing the following general titles: Wilson Park and Washington -Willow Area Trac Calming (5 sheets total) 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-4 7.12.1. Notice to Proceed 7.12.2. 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 7.1-7.12 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. 8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. City of Fayetteville and Contractor each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA maybe assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-5 IN WITNESS WHEREOF, quadruplicate. One been delivered to Contractor. Fayetteville and Contractor This Agreement will OWNER: City of counterpart be effective Fayetteville All or identified CITY OF FAYETTEVILLE and each has been delivered to City of Fayetteville portions of the Contract Documents by Engineer on their behalf. on 2007 CONTRACTOR and Engineer, have been signed, (which is the Effective CONTRACTOR: have initialed, Tomlinson signed this and two counterparts or identified Date of the Asphalt Agreement Agreement). in have by City of Company, By: Inc. By: Mayor Dan Coody [CORPORATE SEAL] Attest Title [CORPORATE SEAL] * Attest Address for giving notices (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) * If a Corporation, attest by the Secretary. Address for giving notices License No. Agent for service of process: (If Contractor is a corporation, attach evidence of authority to sign) • Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-6 • (5/2/2007) Lisa Branson - Tomlinson Asphalt Company, Inc Page 1 From: Lisa Branson To: Petrie, Ron Date: 5/2/2007 3:00 PM Subject: Tomlinson Asphalt Company, Inc. Ron, The City Council passed your item last night however there is not a sign agreement. Please let me know the status of the original agreement. Thanks, Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 lbransonf@ci.favetteville.ar.us • ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND Bond No. 929309574 We, .Tomlinson Asphalt Company, Inc. as Principal, hereinafter called Principal, and Western Surety Company hereinafter called Surety, are held and firmly bound unto as Obligee, hereinafter called Owner, inthe amount of Sixty and No/100 , as Surety, City of Fayetteville, AR One Hundred Eighty .Seven Thousand Seven Hundred1 Dollars ($ 187, 760.00 0 ), for the payment whereof Principal and Surety bind themselves, their heirs; personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated entered into a contract with Owner for May 14, 2007 Wilson Park/Washington-Willow Area Traffic Calming which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. . The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit; action or proceeding shall be brought on this bond except by the Owner after twelvemonths from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the. Contract falls due. • Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, therrheirs PY• Y.— personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties. of hny_.auch "!r` alteration, extension or forbearance being hereby waived.=�I r y sk p-• .• ,•' k �., vr� Executed on this 8th day of May 2007 \_ a. V\ attern VP - Total ins•Asphalt Company., Inc ' 4, Prin al ,! `'"*-,-�: ' • ' In no event shall the aggregate liability of the Surety exceed the sum set out herein. By _ ay,In - alapi" Western Surety Company Surety NB - �' I `�. ends Smit 1 Attorney -in -Fact 'PCS Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint John Gerety, John M Elliott, Diane Cowan, William W Bussey Jr, Carolyn A Cory, Brenda Smith, Individually of Little Rock, AR, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature - - In Unlimited Amounts - and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By -Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to be hereto affixed on this 1st day of November, 2006. i,+„aET}e WESTERN SURETY COMPANY ;•�4'M avjv . Paul . Bmflat, Senior Vice President State of South Dakota 1 Jj ss County of Minnehaha On this 1st day of November, 2006, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument; that he knows the seal of said corporation; that the.seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. My commission expires +•"`••••"""•••`••••••` + D. KRELL $ November 30, 2012 NOTARY PUBLIC SEALS %i' W�[J• 1 SOUTH DAKOTA JAL + D. Krell, No ryas CERTIFICATE I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By -Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this day of � 00`1 ^' ^^ s"E^e, WESTERN SURETY COMPANY • _r Y `f`V l V I • /J / \I �'^�-�,�w": L. Nelson, Assistant Secretary Form F4280-09-06 Authorizing By -Law ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY This Power of Attorney is made and executed pursuant toEand by authority of the following By -Law duly adopted by the shareholders of the Company. Section 7. All bonds, policies, undertakings, Powers of Attorney, or otherobligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys' in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name' of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. (5.2.07) Clarice Pearman Fwd: Re: Tomlinson Asphalt Company, Inc. Page 1 From: Lisa Branson To: Pearman, Clarice Date: 5.2.07 3:33 PM Subject: Fwd: Re: Tomlinson Asphalt Company, Inc. >>> Chris Brown 5/2/2007 3:30 PM >>> Lisa, We will request that Tomlinson provide Bonds and Insurance Certificates, and will then have them sign agreements and forward them to you for the Mayor's signature. This process will probably take a couple of weeks. CB Chris Brown, P.E. Engineering Design Mgr. City of Fayetteville Engineering Division Phone (479) 444-3444 Fax (479) 575-8202 >>> Lisa Branson 5/2/2007 3:00 PM >>> Ron, The City Council passed your item last night however there is not a sign agreement. Please let me know the status of the original agreement. Thanks, Lisa Lisa Branson City of Fayetteville City Clerk's Division 113 W Mountain Fayetteville, AR 72701 (479) 575-8323 lbransonCdd.favettevil le. ar.us NOTICE TO PROCEED TO: Tomlinson Asphalt Company, Inc. DATE: 5/22/07 PROJECT: Wilson Park and Washington -Willow Area Traffic Calming You are hereby notified to commence WORK in accordance with the Contract dated May 14, 2007 on or before -1'G- 1, 200 i , and you are to substantially complete the WORK within 120 consecutive calendar days thereafter, and have the Work complete and ready for final payment within 150 consecutive calendar days thereafter. The date for Substantial completion is therefore 5 P�t'e1,b., Z8 ,200J. The date for final completion is therefore ,200 7 CITY OF FAYETTEVILLE, ARKANSAS Owner By 6Z Staff Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by �OMLcn(SON o 4 a-1 tA this the _Z,3_ day of a , 20077. By vL Title l p Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-10 I11 I ' COVERAGES THE P JCLES OF INSUMNCE LISTED SELLW HALE BEEN ISSUED TO IRE INSURED NAMED ABOVE FOR WE fact PERM POCATED. NOTWRNSTAt G ANY REOUIREIMENT. TERM OR CIXARKKJ OF ANY CONTRKl OR OTHER DOCUMENT WITH RESPECT TO M'MCH TH6CERTIRCATE MAY BE ISSUED OR ' MAY PERTAIN. THE INSURANCE AFFORDED BY WE FROES CESCRRED HEREIN R SUBJECT TO ALL THE TERMS. E%CLVSI IS AND CC.aI1ac OF SU01 PRIDES. AGGREGATE MRS SHOWN MAY HAVE BEEN REDU DBY PAID CLAWS. INSR LTR loot NEED I TYPE OF WSVM.IICE I POLICY MYM°ER PCLJCY EFFECTIVE DAlI UWOWflJ POLCY EXPI AI S DATE MWDOY LIM(R OENERAL MIAMI" EACH OCCWREHCE S 1000000 A X LOMMERCAIGENERALU.ABNIY CPP0726607 ._ �. ___.. 08/_01/06, _ '08/01/07 _. X DAMAGE TO RENTED PREMISEBreA RLwPMI-� _. - S 100000._ CWMSMADE Ix I OCCUR - MEDEA9(AryonllmcR) L 5000 X PERSOtMLSAWINJURY S 1000000 Contractual Liab GENERM.AGGREGATE S 2000000 GENL AGGREGATELWIT ARM IESPER. FRO°UCTS.COMP/P AGG L 2000000 PRO. POLCY X JECT LOC X LIABILITY AI LE LIA CPA0726607 08/01/06 08/01/07 COLIBWED 6INGLE LIMIT S 1000000 X ALL OWNED AUTO$BOpLV INIUPYECHEDULEDAUIOS P.. PRmI X INIYRvX PM r�Nm1 HIRED AUTOSBDpLV NWOWNE0 AUTOS FAVTpAORILE PRER1YOaMGEIPn sonwil DAGE LMBRFIY AUTO OMY-EA ACCIDENT L ATIERM S I ANVAUIO V:AVIODNLY:EXCESLUMOREUAL436PY EACHOCQRREMB L 2000000 X X °°° I6AIMEuACE CCC4479662 08/01/06 08/01/07 AGGREGATE S 2000000 DEDUCTIBLE E $ X RETEMWN S 10000 S WORKERS GOMRMSA1gM AND X WC STARk TORY LIMITS OT. ER E.L EACNACCOENf L 500000 B EMMOYERB'LYBRIIY GWGC100000677106 08/01/06 08/01/07 ANY PNORf IETORFMTHE W EtECUTNE CfPCERMEN°ER EXCLUDE% - E.L DISEASE. U EMROYEE $ 500000 u-.. a*ICIS uMm SFFCIAL PR°Nswxs eetn EL. DISEASE - POLICY LIMIT S 500000 OTHER A Rented/Leased CPP0726607 08/01/06 08/01/07 Per Item 250000 Equipment Total 500000 DESCRIPTION OF OPERATIONS I LOCATOVSI VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Wilson Park/Washington Willow Areas Traffic Calming, Fayetteville, AR Certificate Holder is named as Additional Insured in regards to General Liability, Auto Liability & Excess Liability. CERTIFICATE OF LIABILITY INSURANCE CSRDP °AM'MM116/ .4c'ORD. T0MAS-1 05/16/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Walker Bros. Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7570 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springdale AR 72766-7570 Phone: 479-306-4677 Fax: 479-306-5110 INSURERS AFFORDING COVERAGE NAIC # MSURED MSMIEXA. Cincinnati Insurance Co. 10677 DRUNFRO: Guaranty Ins Co Tomlinson Asphalt Co., Inc Mark Mahaffey MaREFC' 1411 W. Van Asche Fayetteville AR 72704 RsuRmD M SURER E: I CERTIFICATE HOLDER CITYFAI SHOULDAVY OF nIEABOVE 0EecR1REO POLJCISS OECMCELLEDSEFORE TxE exPRATOx OATS THEREOF. THE ISRVIXO RISURER DUEL ENDEAVOR TO MAUL 30 DAYS WRRIEN City of Fayetteville, Arkansas NOTICE TO THECERTRCATE HOLDER NAMED TO THE LEFT. BVI FARLU E T000SOSIALJ. Attn: Chris Brown IMPOSE NO OBLJGAIGM OR LJASLITY OF ANY RND UPON NE RSVRE0.110 AGENTS OR 125 W. Mountain St. Fayetteville AR 72701 REPESEJL*.nVQ. A NfPRjBEJ1TATM ACORD 25 (2001/06) lGJ ACUKU UURPURA I IUEM 1966 INSURANCE BINDER OP IDDP ^" 05/1W16 21007 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. ' AGENCY COMPANY SPIDERS 6641 Cincinnati Insurance Co. Walker Bres. Insurance, Inc. DATE EFFECTNE TIME DATA R.TION ME P.O. Box 7570 g AM X 12,11." Springdale AR 72766-7570 ' Gene Bennett 05/11/07 12:01 - PM 07/11/07 NOON 479-306-4677 �,M,Na2, 479-306-5110 r"n BDICER IS ISSUED TO E%leID WV TED PI T"E ABOYE INNER WLOAI.T CODE. SUB COOS IEREIDRWOPRxY,' TED ' CUSTOM TOMAS-1 OESCRromxoF OPERAroxmNFlEwROnRlY Y CGENCYERN (ACMNNiI Io[tlN.i) MURED Subcontractor - Tomlinson Asphalt - The City of Fayetteville project is, Wilson Park/Washington Willow ' Areas Traffic Calming 125 W. Mountain St. Fayetteville AR 72701 COVERAGES LIMITS TYPE OF INSURANCE COVERAGEFORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSESOFLOSS _ _ _ __ _ _ _ _ BASIC O BROAD ❑ SPEC GENERAL LLStLIT'I EACHCOaIRRENCE 5 , 000,000 OMM TO X COMMERCIAL CENEML UABNITY REx1ED PREMISES. I p/.IMS MADE X OCCUR LED FIDIPM 01 pra.l { X Mme, a cc. tsnu„ PERSONKEAOV IiRRY { Pmt,eY" uWiuty GENERAL AGGREGATE S 4,000,000 RETRO DATE FOR OA$MSMMDE, PRCOUCTS-cwaaP AGG {4,000,000 AUTOMOOILE UABILITY CCA9LYEOSPIGLELaTT { A.W AUTO BC(YLY INJURY IIb PTtaU $ AL OWNED AUTOS BCOILY INJURY {P .cddery SOECULE0 AUTOS PROPERTY DAMAGE A HIRED AUTOS MEOMIL PAYMEMS S NPVOWNEO AUTOS PERSONAL INJURY PROT { L JINSURED MOTORET S AUTO PHYSICAL DAMAGE DEDUCTIBLE AllVEHAZE5 SCHEDULEDVEMCLES ACTUAL CASH VALVE CMOSION'. STATEDMIWNT S OTHER THANCOL OTHER GARAGE LMBILITY AUTO '&Y EA ACCIDENT { µY AUTO OTHER THAI AUTO ONLY: EACH ACCDENT S AGGREGATE S EXCESS LV.BLRY FAOI OCCURRENCE { UMBRELLA FORM AGGREGATE { OTHER Txµ WORELLA FORM RETRO DATE FOR CLAM.S MACE' SELFJNSIREO RETEMpN { W TA LMRS LE MCRY WORT EF8 C016FNSATION EL. MCI ACCDENT { AN0 EMPLOYERS LMBBITY EL OSEASE . EA EMPLOYEE S ELOGEISE POLICYLTWT 5 OWNERS S CONTRACTORS PROTECTIVE LIABILITY FEES { SPECIAL CONDRgxN OTHER TA) S S COVERAGES ESTIMATED TOTAL NEMIUM { NAME & ADDRESS MORTGAGEE AMnONAL INSURED LOGS PAYEE LOAN, AUTHORRUIZNEEDDREPRENTATIVE ACORD 75(2004/09) NOTE: IMPORTANT STATE INFORMATION ON REVERSE SIDE © ACORD CORPORATION 1993.2004 1 I. I I I 1. I. I 1 Project Manual • CITY OF FAYETTEVILLE ARKANSAS Wilson Parkand Washington/ Willow Areas Traffic Calming BID # 07-35 March 2007 + *.. GISTERED PMQW1ORA1 NGINEER A k 'A Project Manual CITY OF FAYETTEVILLE ARKANSAS Wilson Park and Washington/ Willow Areas Traffic Calming BID # 07-35 March 2007 Section 00005 TABLE OF CONTENTS Wilson Park/Washington Willow Areas Traffic Calming Section No. Title 00005 Table of Contents ................... 00020 Advertisement for Bids .......... BIDDING REQUIREMENTS 00100 Instructions to Bidders ........... 00300 Bid Form ................................ 00350 Bid Bond ................................ CONTRACT FORMS AND CONDITIONS .......................4.................................00005 -1 to 00005-2 .................................................................. 4 ...... 4.00020-1 ................4........................................00100 -1 to 00100-8 .......4........4......44................................00300-1 to 00300-3 ................4........................................00350-1 to 00350-3 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 .........4........4.....4....4.. 01027 Applications for Payment ................................... 01035 Modification Procedure ...................................... 01040 Coordination and Meetings ................................ 01060 Regulatory Requirements ................................... 01300 Submittals.......................................................... 01410 Testing Laboratory Services ..........4............44.....4 01700 Contract Closeout................4.....4...4..4................. ....................00500-1 to 00500-6 .......4.....4....4 4 .................. 00500-7 ........................................... 00500-8 ............................................ 00500-9 44.....44...4.4 ........................... 00500-10 ........................................... 1 to 41 ..................... 00800-1 to 00800-10 ....................................... 01010-1 .....0 .................................01025 -1 .......................................01027-1 .......................................01035-1 ....................01040-1 ....................... 01060-1 ....................................... 01300-1 ................................ 4...... 01410-1 ...........................0......0....01700-1 to 01010-2 to 01025-4 to 01027-2 to 01035-3 to 01040-3 to 01060-2 to 01300-3 to 01410-3 to 01700-5 I. Happy Hollow Rd & Huntsville Rd Intersection Improvements City of Fayetteville August 25, 2005 Engineering Division Page 00005-1 Division 2 - Site Work 02050 Demolition to 02050-2 02261 ....................................................................................................102050-1 Site Restoration.............................................................................................102261-1 to 02261-5 02581 Thermoplastic Pavement Markings................................................................02581-1 to 02581-4 02840 Signage...........................................................................................................02840-1 to 02840-3 02900 landscaping.................................................................................................. 02900-1 to 02900-9 Division 3 - Concrete 03210 Reinforcing Steel ........................................................ 03316 Miscellaneous Concrete Work ................................... Appendices Appendix A -Event Permit Application Forms End of Section 00005 .....................103210-1 to 03210-3 ................... 03316-1 to 03316-10 Happy Hollow Rd & Huntsville Rd Intersection Improvements City of Fayetteville August 25, 2005 Engineering Division Page 00005-2 I • Section 0002O CITY OF FAYETTEVILLE INVITATION TO BID Bid 07-35, Traffic Calming Devices Construction 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. (Central Standard Time) on April 11. 2007, for furnishing all tools, materials and labor and performing the ' necessary work for the construction of Traffic Calming devices in the Wilson Park and Washington -Willow Neighborhoods for the City of Fayetteville, Arkansas. At this time and place all bids received will be publicly opened and read aloud. ' The work generally consists of construction of Traffic Calming Devices and appurtenances as indicated in the Drawings and Specifications. Construction items may include: demolition and removal of concrete and/or asphalt pavement and other existing improvements, placement of concrete for traffic circles, speed tables, curb and gutter, t and other miscellaneous concrete items, pavement striping, signage, and other related items. Drawings and specifications are on file and may be examined at the office of the Engineering Division, City of Fayetteville. Copies of these documents may be obtained from the office of the engineer upon request and upon ' payment of $50.00. This amount is not refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Bid security, in the form of bid bond or cashiers check and as defined in the Instructions To Bidders, in the amount of five (5) percent of the Bid must accompany the Bid. Bidding Documents may be reviewed at the following locations and ONLY purchased from the City of Fayetteville, Engineering Division: City of Fayetteville Northwest Arkansas Plan Room Southern Reprographics Engineering Division 103A Apple Blossom Road 2905 Point Circle ' 125 W. Mountain Bethel Heights, AR 72764 Fayetteville, AR 72704 Fayetteville, AR 72701 479-750-7704 479-582-4022 479-575-8206 Contact Person: Diana Contact Person: Diane ' The successful Bidder will be required to furnish a 100% Performance Bond and Payment Bond as security for the faithful performance and the payment of all bills and obligations arising from the performance of the Work. ' 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. Bidders will be responsible for following any state or federal wage rates that may apply to the project. ' 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, nonresponsive, or conditional Bids. By: Andrea Foren City of Fayetteville, Purchasing Agent Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00020-1 I I I I I I I L I L L L I I I I 11 L Section 00100 INSTRUCTIONS TO BIDDERS DEFINED TERMS 1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a bid to a Bidder. 1.3 Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bids may be obtained from the Issuing Office. 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use. 3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS 3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville Engineering Department, and shall constitute all of the information which the Owner shall furnish. No other information given or sounding made by the Owner or any official thereof, prior to the execution of said contract, shall ever become a part of, or change the contract, drawings, specifications and estimates, or be binding on Owner. Prior to submitting any Bid, Bidders are required to: read carefully the Specifications, contract, and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local conditions; inform themselves by their independent research and sounding of the difficulties to be encountered, and all attending circumstances affecting the cost of doing the work, and the time specified for its completion; and obtain all information required to make an intelligent bid. 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things which are necessary for full and complete information upon which the bid may be made and for which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by the Contractor, contains a Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00100-I LJ statement that all bids are made with the full knowledge of the difficulties and conditions that may be encountered, the kind, quality and quantity of the plans, work to be done, excavation, and materials required and with full knowledge of the drawings, profiles, specifications, and estimates and all provisions of the contract and Bonds. 3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 3.4 Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests, and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests, and studies. 3.6 Reference is made to the General Requirements for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, and as available, Owner will provide to each Bidder, for examination, access to or copies of Contract Documents (other than portions thereof related to price) for such work. 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 3, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Contract Documents and that the written resolutions thereof by Engineer are acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 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. 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 I j L I I I fl 11 II I [_ I I I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00100-2 I I ' 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 Sum prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment, and apparatus of ' every description to construct, erect, and finish completely all of the work as called for in the Specifications or indicated on the Drawings. ' 7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of Owner may be rejected at the discretion of Owner. ' 7.3 By submission of a Bid,. Bidder represents that Bidder has considered the entire Project and the Work required, and has reviewed the Drawings and Specifications to verify the full scope of the Work. ' 8 BID FORM ' 8.1 Bids are due as indicated in the Advertisement For Bids. 8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form shall not ' be removed from the bound Project Manual, nor shall bids be submitted on a photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in figures and in words in the appropriate blank spaces provided on the Bid Form. The figures must be clear and distinctly legible so that no question can ' arise as to their intent and meaning. In case of a difference in the written words and figures, the amount stated in written words shall govern. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not called for, erasures, alterations, or irregularities of any kind or which do not comply with these Instructions to Bidders ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00100-3 I may be rejected as informal or non -responsive at the option of Owner. However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions and to make the award in the best interest of Owner. 8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or before the day and hour set for opening the bids. Enclose the completed Bid Form and Project Manual in a sealed envelope bearing the title of the project, the name of the Bidder, Bidder's Arkansas Contractor's License Number (Optional), and the date and hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be contained in another envelope addressed to Owner and the attention of the project name. It is the sole responsibility of Bidder to see that the Bid is received on time. 8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those having a partnership or other financial interest with him in the Bid, until after the bids have been opened. 9 SIGNATURE ON BIDS 9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the names of each member must be given, and the Bid signed by a member of the partnership, or a person duly authorized. lithe Bid is made by a company or corporation, the company or corporate name must be given and the Bid signed by an officer or agent duly authorized. The corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 9.2 All names must be typed or printed in black ink below the signature. 9.3 The address and telephone number for communications regarding the Bid must be shown. 9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and filed with ' Owner. 9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda. 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 butnot as a penalty. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00100-4 I 11 PERFORMANCE BOND AND PAYMENT BOND 11.1 Prior to signing the Agreement, Contractor shall furnish a surety performance Bond and a payment Bond, equal to one hundred percent of the contract price. 11.2 Contractor shall include provisions in the 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). I I II H CI [H 11.3 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. 1.1.4 The surety company issuing the Bonds must be a solvent company on the "Surety Companies Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in an amount greater than the underwriting limitations for the surety company as set out therein. 11.5 In Arkansas, prevailing law requires that performance and payment Bonds on public works contracts shall be executed by a resident local agent who is licensed by the Insurance Commissioner to represent the surety company executing said Bonds and filing with such Bonds his Power of Attorney as his authority. The mere countersigning of the Bonds will not be sufficient. 11.6 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. 11.7 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 C I I I 12.1 The number of days within which, or the dates by which the Work is to be substantially completed and also completed and ready for final payment is outlined in the Bid Form. 13 LIQUIDATED DAMAGES 13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form. 14 SUBCONTRACTORS SUPPLIERS AND OTHERS 14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written approval of Owner nor shall Contractor allow such subcontractor to commence work until approval of workman's compensation insurance and public liability insurance as 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 Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00100-5 The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. However, a substitute or "or -equal item of material or equipment may be furnished or used by Contractor if acceptable to Engineer. Application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the General Conditions and may be supplemented in the General 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. QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after bid opening, upon Owner's or Engineer's request, detailed written evidence such as financial data, present commitments, and other such data as may be called for. Each Bid must contain evidence of Bidder's qualification to do business in the State of Arkansas. DISQUALIFICATIONS OF BIDDERS Any one or more of the following may be considered as sufficient for the disqualification of bidders and the rejection of Bids. More than one Bid Form for the same work from an individual, firm, partnership, or corporation under the Evidence of collusion among bidders. Participants in such collusion may receive no recognition as bidders for any future work. 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. 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 Uncompleted work which, in the judgment of Owner, might hinder or prevent the prompt completion of additional work if awarded. Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous contract. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division ' 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 ' 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. 1 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. I 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. 1 22 AWARDING OF CONTRACT 22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from the date of opening bids, not to exceed sixty (60) days except with the consent of the Successful Bidder. The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim against Owner upon the contract until the contract is reduced to writing and signed by the contracting parties. The letting of a contract shall not be complete until the contract is executed and the necessary Bonds approved. 23 RETAINAGE 23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement. I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00100-7 I 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. I 27 ADDITIONAL LAWS AND REGULATIONS Bidders' attention is called to the following laws and regulations which may have an impact on the Work t and on the preparation of the Bid. 27.1 Americans With Disabilities Act 27.2 Storm water discharge regulations, enacted under the Clean Water Act and administered by the Arkansas Department of Environmental Quality (ADEQ) under a general permits program. Contractor may be required to obtain coverage under general permit ARR15000 prior to commencing work:at the site. 27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March 1, 1993. End of Section 00100 ' I I I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00100-8 I J U I L C I L Section 00300 BID FORM Bid # 07-35 Wilson Park & Washington/Willow Area Traffic Calming Fayetteville, Arkansas Bid of (hereinafter called "Bidder"), a corporation, organized and existing under the laws of the State of business as To: City of Fayetteville, (hereinafter called the "Owner"): or a partnership, or an individual doing The Bidder, in compliance with the Owner's Advertisement For Bids on March 23 and March 30, 2007, and having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including normal inclement weather conditions and the availability of materials, and labor, hereby 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 substantially complete the project within 120 consecutive calendar days thereafter as stipulated in the General Conditions, and to fully complete the project within 150 consecutive calendar days after that agreed date. ' Bidder acknowledges receipt of the following addendum Addendum No. Subject I. I 1l I Li ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00300-1 Wilson Park & Washington/Willow Area Traffic Calming Item Estimated No. Ouantitv Unit Description of Item and Unit Price Bid Total Amount 1 1 Lump Sum Mobilization dollars ($ )/LS $ amount written in words in figures in figures 2 22 Each Standard Width Speed Tables dollars ($ YEA $ amount written in words in figures in figures 3 3 Each Landscaped Islands dollars ($ YEA $ amount written in words in figures in figures 4 500 Linear Ft Curb and Gutter dollars ($ )/LF $ amount written in words in figures in figures 5 40 Linear Ft Additional Speed Table Width dollars ($ )/LF $ amount written in words in figures in figures 6 210 Square Yards Concrete Pavement Removal and Repair dollars ($ )/SY $ amount written in words in figures in figures TOTALBASE BID................................................................................................. $ Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00300-2 I ILI I El I I I I 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, Firm Name By Address City State Arkansas State Contractor's License Number End of Section 00300 - Bid Form ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00300-3 I I I I I I I I I El II I I I I I I I Section 00350 107117IIIAI17 STATE OF ARKANSAS KNOW ALL MEN BY THESE PRESENTS, that we: Principal and Contractor, and hereinafter called Surety, are held and firmly bound unto the City of Fayetteville ,Arkansas and represented by its Mayor and City Council, hereinafter called Owner, in the sum of DOLLARS lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. WHEREAS, the Principal contemplates submitting or has submitted a bid to the Owner for the furnishing of all labor, materials (except those to be specifically furnished by the Owner), equipment, machinery, tools, apparatus, means of transportation for, and the performance of the work covered in the Bid and the detailed Drawings and Specifications, entitled: Wilson Park ArealWashington-Willow Area Traffic Calming City of Fayetteville, Arkansas WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check, certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with the Owner for the performance of said Contract within twelve (12) consecutive calendar days after written notice having been given of the award of the Contract. NOW, THEREFORE, the conditions of this obligation are such that if the Principal within twelve (12) consecutive calendar days after written notice of such acceptance enters into a written Contract with the Owner and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid, satisfactory to the Owner, then this obligation shall be void; otherwise the sum herein stated shall be due and payable to the Owner and the Surety herein agrees to pay said sum immediately upon demand of the Owner in good and lawful money of the United States of America, as liquidated damages for failure thereof of said Principal. Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00350-1 IN WITNESS WHEREOF, the said as Principal herein, has caused these presents to be signed in its name by its and attested by its under its corporate seal, and the said as Surety herein, has caused these presents to be signed in its name by its under its corporate seal, this Signed, sealed and delivered in the presence of: Surety As to Principal As to Surety day of A.D., 200_. Principal -Contractor By Title Attorney -in -Fact (Power -of -Attorney to be Attached) Resident Agent Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00350-2 I I I I I I 1.1 I I NOTICE OF SELECTION TO: PROJEcr DESCRIPTION: Wilson ParklWashington-Willow Area Traffic Calming The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated , 2007 and Instructions to Bidders. You are hereby notified that your BID has been accepted in the amount of: You are required by the Instructions to Bidders to execute the Contract and furnish six (6) original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance within twelve (12) calendar days from the date of this Notice to you. If you fail to execute said Contract and to furnish said BONDS within twelve (12) days from the date of this Notice, said OWNER will be entitled to consider all your rights arising of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. by_ this By_ ' Titl I I You are required to return an acknowledged copy of this NOTICE OF SELECTION to the OWNER. Dated this day of , 200_. FAYETTEVILLE CITY ENGINEERING By: Title: Staff Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF SELECTION is hereby acknowledged day of Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division 200 March, 2007 Page 00350-3 I ' Section 00500 AGREEMENT BETWEEN CITY OF FAYETTEVILLE AND CONTRACTOR ' THIS AGREEMENT is dated as of the day of in the year 2005 by and between the City of Fayetteville, Arkansas and (hereinafter called Contractor). ' City of Fayetteville and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. Contractor shall complete all Work as specified or indicated in the Contract Documents. The work generally consists of construction of Traffic Calming Devices and appurtenances as indicated in the Drawings and Specifications. Construction items may include: demolition and removal of concrete and/orasphalt pavement and other existing improvements, placement of concrete for traffic circles, speed tables, curb and gutter, and other miscellaneous concrete items, pavement striping, signage, and other related items. Article 2. ENGINEER. ' The Project has been designed by City of Fayetteville Engineering Dept. 113 W. Mountain Fayetteville, Arkansas 72701 ' who is hereinafter called Engineer and who is to act as 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. The Work shall be substantially completed within 120 consecutive calendar days after the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraphs 14.07.E & C of the General Conditions within 150 consecutive calendar days after the date when the ContractTime commences to run. 3.2. Liquidated Damages. City of Fayetteville and Contractor recognize that time is of the essence of the ' Agreement and that City of Fayetteville will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus and extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by City of Fayetteville if the Work is not completed on time. Accordingly, instead of requiring any such proof, City of Fayetteville and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay City of Fayetteville Three Hundred Fifty dollars ($350.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by City of Fayetteville, Contractor shall pay City of ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-1 I Fayetteville Three Hundred Fifty dollars 350.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. City of Fayetteville shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1. for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 4.2. As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.C of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions or as modified in the Supplementary Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1. Progress Payments. City of Fayetteville shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below and SC -14.02. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 90 percent of Work completed (with the balance of 10 percent being retainage), if Work has been 50 percent completed as determined by the Engineer, and if the character and progress of the Work have been satisfactory to City of Fayetteville and Engineer, City of Fayetteville, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, I I I I I U I I I I U I I LI I I I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00500-2 I ' suitably stored, and accompanied by documentation satisfactory to City of Fayetteville as provided in paragraphs 14.02.B.5 & 14.02.D of the General Conditions. That is, if any such items are setup for that type payment in the Specifications. 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 98 percent of the Contract Price (with the balance of 2 percent being retainage), less ' such amounts as Engineer shall determine, or City of Fayetteville may withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions. 5.3 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraphs ' 14.07.B & C of the General Conditions, City of Fayetteville shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraphs 14.07.E & C. Article 6. CONTRACTOR'S REPRESENTATIONS. In order to induce City of Fayetteville to enter into this Agreement Contractor makes the following representations: P6.1. Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in Article 7) and the other related data identified in the Bidding Documents including "technical data." ' 6.2. Contractor has visited the site and become familiar with and is satisfied as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work. ' 6.3. Contractor is familiar with and is satisfied as to all federal, state, and local laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. 6.4. Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface ' structures at or contiguous to the site which have been identified in the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.02 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.02 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that City of Fayetteville and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect ' cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to the employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. ' 6.5. Contractor is aware of the general nature of work to be performed by City of Fayetteville and others at the site that relates to the Work as indicated in the Contract Documents. I ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-3 I 6.6. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations. investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between City of Fayetteville and Contractor concerning the Work consist of the following: 7.1. This Agreement (pages 1 to 8, inclusive). Li I I I I 7.2. Performance and Payment Bonds (Exhibits A and B respectively). ' 7.3. Certificates of Insurance (Exhibit C). 7.4. Documentation submitted by Contractor prior to Notice of Selection. I 7.5. General Conditions (pages Ito 41, inclusive). 7.6. Supplementary Conditions (pages 1 to 10 inclusive). I 7.9. Specifications consisting of Divisions 1 through 3 as listed in table of contents thereof. I 7.10. Addenda number 7.11. Drawings (not attached hereto) consisting of cover sheets and additional sheets with each sheet bearing the following general titles: Wilson Park and Washington -Willow Area Traffic Calming (5 sheets total) 7.12. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.12.1. Notice to Proceed 7.12.2. All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. I I I I I The documents listed in paragraphs 7.1-7.12 et seq. above are attached to this Agreement (except as expressly I noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 8. MISCELLANEOUS. I I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 00500-4 h ' 8.1. Terms used in the Agreement which are defined in Article I 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. City of Fayetteville and Contractor each binds itself, it partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any law or ' Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon stricken provision or part thereof with a valid and enforceable provision that comes as close as possible expressing the intention of the stricken provision. ' 8.5. Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the ' change in scope, cost or fees. 8.6. Freedom of Information Act. City of Fayetteville contracts and documents prepared while ' performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Contractor will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of ' Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 8.7. This contract must be interpreted under Arkansas Law. I LU I I I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-5 I IN WITNESS WHEREOF, CITY OF FAYETTEVILLE and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to City of Fayetteville and Engineer, and two counterparts have been delivered to Contractor. All portions of the Contract Documents have been signed, initialed, or identified by City of Fayetteville and Contractor or identified by Engineer on their behalf. This Agreement will be effective on 2007 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville CONTRACTOR: General Contractor, Inc. By: By: Mayor Dan Coody President Title (CORPORATE SEAL] [CORPORATE SEAL] I Attest * Attest ' * If a Corporation, attest by the Secretary. ' Address for giving notices Address for giving notices I (If Owner is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement.) (If Contractor is a corporation, attach ' evidence of authority to sign) El Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March. 2007 Engineering Division Page 00500-6 Exhibit A PERFORMANCE BOND II I ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-7 I I I I LI I I I Exhibit B PAYMENT BOND Is I Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-8 Exhibit C CERTIFICATES OF INSURANCE II I ' Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-9 I I I I I I u I I I I I I I I I NOTICE TO PROCEED TO: General Contractor, Inc. DATE: PROJECT: Wilson Park and Washington -Willow Area Traffic Calming You are hereby notified to commence WORK in accordance with the Contract dated on or before , and you are to substantially complete the WORK within 120 consecutive calendar days thereafter, and have the Work complete and ready for final payment within 150 consecutive calendar days thereafter. The date for Substantial completion is therefore 200_. The date for final completion is therefore , 200_. CITY OF FAYETTEVILLE, ARKANSAS Owner By Staff Engineer ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of , 200_. By Title Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 00500-10 F F F F I I I F F 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 Nafionat Society et SCE American Society ACEC C Pte. olessionat /Ennginpeers of Civil Engineers )..YFAICAN C0L'NI.IL0i rNGIN1tA1l.0 t.'0YV.WI4S. Pm!assia081 rnginaersid !/Ivaza Fracnse PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN COUNCIL OF ENGINEERING COMPANIES AMERICAN SOCIETY OF CIVIL ENGINEERS I. This document has been approved and endorsed by 4 The Associated General Contractors of America Krcrneooetx Cto*V ' Is aatl Sustatrtrq Vies eorg ent -. Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ©2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 1 I I I I I I L Copyright O2002 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Council of Engineering Companies 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor Nos. C-520 or C-525 (2002 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 Construction Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002 Edition). L I I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright Q 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 2 TABLE OF CONTENTS Page ARTICLE 1-DEFINITIONSAND TERMINOLOGY..............................................................................................................6 1.01 Defined Terms..........................................................................................................................................................6 1.02 Terminology............................................................................................................................................................. 8 ARTICLE 2- PRELIMINARY MATTERS...............................................................................................................................9 ' 2.01 Delivery of Bonds and Evidence of Insurance......................................................................................................... 9 2.02 Copies of Documents...............................................................................................................................................9 2.03 Commencement of Contract Times; Notice to Proceed...........................................................................................9 2.04 Starting the Work.....................................................................................................................................................9 2.05 Before Starting Construction...................................................................................................................................9 2.06 Preconstruction Conference....................................................................................................................................9 2.07 Initial Acceptance of Schedules...............................................................................................................................9 ' ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE......................................................................10 3.01 Intent......................................................................................................................................................................10 3.02 Reference Standards..............................................................................................................................................10 3.03 Reporting and Resolving Discrepancies................................................................................................................10 3.04 Amending and Supplementing Contract Documents.............................................................................................. l I 3.05 Reuse of Documents............................................................................................................................................... I I 3.06 Electronic Data...................................................................................................................................................... l l ARTICLE 4- AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................................I 1 4.01 Availability of lands..............................................................................................................................................11 4.02 Subsurface and Physical Conditions......................................................................................................................12 4.03 Differing Subsurface or Physical Conditions........................................................................................................12 4.04 Underground Facilities..........................................................................................................................................13 4.05 Reference Points....................................................................................................................................................13 ' 4.06 Hazardous Environmental Condition at Site.........................................................................................................13 ARTICLE5 - BONDS AND INSURANCE.............................................................................................................................14 5.01 Performance. Payment, and Other Bonds..............................................................................................................14 5.02 Licensed Sureties and Insurers..............................................................................................................................15 ' 5.03 Certificates of Insurance........................................................................................................................................15 5.04 Contractor's Liability Insurance...........................................................................................................................15 5.05 Owner's Liability Insurance.................................................................................................................................. 16 5.06 Property Insurance................................................................................................................................................ l6 5.07 Waiver of Rights.....................................................................................................................................................17 5.08 Receipt and Application of Insurance Proceeds....................................................................................................17 5.09 Acceptance of Bonds and Insurance; Option to Replace.......................................................................................17 I5.10 Partial Utilization, Acknowledgment of Property Insurer.....................................................................................18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES..........................................................................................................I8 6.01 Supervision and Superintendence..........................................................................................................................18 6.02 Labor, WorkH ing ours...........................................................................................................................................18 ' 6.03 Services, Materials, and Equipment......................................................................................................................18 6.04 Progress Schedule..................................................................................................................................................18 6.05 Substitutes and "Or-Equals".................................................................................................................................19 6.06 Concerning Subcontractors, Suppliers, and Others...............................................................................................20 6.07 Patent Fees and Royalties......................................................................................................................................21 6.08 Permits...................................................................................................................................................................21 6.09 Laws and Regulations............................................................................................................................................21 ' 6.10 Taxes...................................................................................................................................................................... 22 6.11 Use of Site and Other Areas...................................................................................................................................22 6.12 Record Documents .................................................................................................................................................22 6.13 Safety and Protection.............................................................................................................................................22 6.14 Safety Representative.............................................................................................................................................23 6.15 Hazard Communication Programs........................................................................................................................23 ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. NI rights reserved. 00700 - 3 6.16 Emergencies...........................................................................................................................................................23 6.17 Shop Drawings and Samples.................................................................................................................................23 6.18 Continuing the Work..............................................................................................................................................24 6.19 Contractor's General Warranty and Guarantee....................................................................................................24 6.20 Indemnification ......................................................................................................................................................24 6.21 Delegation of Professional Design Services..........................................................................................................25 ARTICLE7 - OTHER WORK AT THE SITE.........................................................................................................................25 7.01 Related Work at Site...............................................................................................................................................25 7.02 Coordination..........................................................................................................................................................26 7.03 ARTICLE 8 8.01 8.02 8.03 8.04 8.05 8.06 8.07 8.08 8.09 8.10 8.11 ARTICLE 9 9.01 Owner's Representative.........................................................................................................................................27 9.02 Visits to Site...........................................................................................................................................................27 9.03 Project Representative...........................................................................................................................................27 9.04 Authorized Variations in Work..............................................................................................................................27 9.05 Rejecting Defective Work.......................................................................................................................................27 9.06 Shop Drawings, Change Orders and Payments.....................................................................................................28 9.07 Determinations for Unit Price Work......................................................................................................................28 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work.....................:.............................28 9.09 Limitations on Engineer's Authority and Responsibilities.....................................................................................28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS...........................................................................................................28 10.01 Authorized Changes in the Work...........................................................................................................................28 10.02 Unauthorized Changes in the Work.......................................................................................................................29 10.03 Execution of Change Orders..................................................................................................................................29 10.04 Notification to Surety.............................................................................................................................................29 10.05 Claims.................................................................................................................................................................... 29 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30 11.01 Cost of the Work....................................................................................................................................................30 11,02 Allowances.............................................................................................................................................................31 11.03 Unit Price Work.....................................................................................................................................................31 ARTICLE 12- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES.....................................................32 12.01 Change of Contract Price......................................................................................................................................32 12.02 Change of Contract Times.....................................................................................................................................33 12.03 Delays....................................................................................................................................................................33 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .......33 13.01 Notice of Defects....................................................................................................................................................33 13.02 Access to Work.......................................................................................................................................................33 13.03 Tests and Inspections.............................................................................................................................................33 13.04 Uncovering Work...................................................................................................................................................34 13.05 Owner May Stop the Work.....................................................................................................................................34 13.06 Correction or Removal of Defective Work.............................................................................................................34 13.07 Correction Period..................................................................................................................................................34 13.08 Acceptance of Defective Work...............................................................................................................................35 13.09 Owner May Correct Defective Work......................................................................................................................35 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION..............................................................................36 14.01 Schedule of Values.................................................................................................................................................36 14.02 Progress Payments................................................................................................................................................ 36 14.03 Contractor's Warranty of Title..............................................................................................................................37 14.04 Substantial Completion.......................................................................................................................................... 37 Pay1%'hen Due............................................................................. Lands and Easements; Reports and Tests .................................... Insurance..................................................................................... Change Orders........................................................................................................................ .......... 26 ..................... Inspections, Tests, and Approvals..........................................................................................................................26 Limitations on Owner's Responsibilities...............................................................................................................27 Undisclosed Hazardous Environmental Condition.............y.................................................................................27 Evidence of Financial Arrangements.....................................................................................................................27 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27 .26 .26 .26 1 1 1 1 1 I I 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright O2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-4 ---- -, ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION .................... 15.01 Owner May Suspend Work................................................................ 15.02 Owner May Terminate for Cause ...................................................... 15.03 Owner May Terminate For Convenience.......................................... 15.04 Contractor May Stop Work or Terminate ......................................... ARTICLE 16 - DISPUTE RESOLUTION........................................................... 16.01 ARTICLE 17.01 17.02 ' 17.03 17.04 17.05 17.06 1 I I H I I I I 7 I I Methods and Procedures 17 -MISCELLANEOUS. Giving Notice ................. Computation of Times.... Cumulative Remedies ..... Survival of Obligations.. Controlling Law ............. Headings ........................ ' EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 5 II GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed 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. Bidder --The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements --The Advertisement or Invitation to Bid, instructions to Bidders. bid security of acceptable form, if any, and the Bid Form with any supplements. 9. Change Order --A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both. or other relief with respect to the terms of the Contract, A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor's submittals, and the reports and drawings of subsurface and physical conditions 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 Milestones, if any, (ii) achieve Substantial Completion; and (iii) com- plete 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. 16. Cost of the Work --See Paragraph ii .0I.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. I L II I n I I I I I n I I El I H EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved 00700 - 6 20. Field Order --A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 21. General Requirements --Sections of Division I of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. 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. 23. 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. 24. Laws and Regulations; Laws or Regulations- -Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. 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. 27. Notice of Award --The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed --A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner --The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs --Polychlorinated biphenyls. 31. 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. 32. Progress Schedule --A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. 33. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. 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. 35. Radioactive Material --Source, special nucle- ar, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative --The autho- rized representative of Engineer who may be assigned to the Site or any part thereof. 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. Schedule of Submittals --A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. Schedule of Values --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 41. Shop Drawings --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. 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. 43. Specifications --That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain II EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.7 I administrative requirements and procedural matters applicable thereto. 44. 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. 45. 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. 46. Successful Bidder --The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier --A manufacturer, fabricator, suppli- er, 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. 49. 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. 50. Unit Price Work --Work to be paid for on the basis of unit prices. 51. Work --The entire 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, 52. 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. 1,02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered", "as directed" or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, 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 exercise of professional judgment, action or determination will be solely to evaluate, in general, the Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and 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 9.09 or any other provision of the Contract Documents. C. Day 1. The word "day" means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b, does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or c. 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 accordance with Paragraph 14.04 or 14.05). I I I I CI I Li J El I I C [] I Li I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.8 I I I I G I I I r I El E. 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. F. Unless stated otherwise in the Contract Docu- ments, 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 and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. 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. 2.02 Copies of Documents 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 com- mence 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. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for 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 Submittals; 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. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, 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.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Owner shall furnish to Contractor up to ten A. At least 10 days before submission of the first printed or hard copies of the Drawings and Project Application for Payment a conference attended by Manual. Additional copies will be furnished upon request Contractor, Engineer, and others as appropriate will be at the cost of reproduction. held to review for acceptability to Engineer as provided below the schedules submitted in accordance with 2.03 Commencement of Contract Times; Notice to Paragraph 2.05.A. Contractor shall have an additional 10 Proceed days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be •A. The Contract Times will commence to run on made to Contractor until acceptable schedules are the thirtieth day after the Effective Date of the Agreement submitted to Engineer. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. AU rights reserved. 00700.9 I I. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within 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 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 required by one is as binding as if required 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor's Review of Contract Documents Before Starting Work: 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. 2. Contractor's Review of Contract Documents During Performance of Work: 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 promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.I6.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambigu- ity, or discrepancy in the Contract Documents 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 specifically incorporated by reference in the Contract Documents); or 2. No provision of any such standard, specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations Supplier shall be effective to change the duties or applicable to the performance of the Work EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 10 I I I I I I I C I L L II I I I I I I I I I I I I I I I J I I I (unless such an interpretation of the provisions of the Contract Documents would result in viola- tion 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 by either a Change Order or 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: 1. A Field Order; 2. Engineer's approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. 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 all of the Work under a direct or indirect contract with Contractor, shall not: 1. 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 consultants, including electronic media editions; or 2. 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. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic .files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60 - day acceptance period will be corrected by the transferring party.. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer. hardware differing from those used by the data's creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL 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 or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. 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. ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-11 I 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 Documents; 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 or Engineer, or any of their Related Entities 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 connec- tion 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. I I I I I I C. Possible Price and Times Adjustments I 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, performance 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 9.07 and 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to 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, explo- ration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright Ge 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 12 I I I I I I C I I I I I CI I I I I I c. Contractor failed to give the written notice 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 and Engineer, and any of their Related Entities 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 Sup- plementary 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 Under- ground 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 or 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 Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect and preserve the established reference points and property 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 or Engineer, or any of their Related Entities with respect to: I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 13 I 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 re- vealed 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 Contractor 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 immediately: (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.A); 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. 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, and Engineer, and the officers, directors, partners, employees, agents, 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 in this Paragraph 4.06. G shall obligate Owner to indemnify any individual or entity from and against the conse- quences 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 and Engineer, and the officers, directors, partners, employees, agents, 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.H 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 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE I I I I I L. l I I IT C I I I I 5.01 Performance, Payment, and Other Bonds I F. If after receipt of such written notice A. Contractor shall furnish performance and Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and resume such Work under such special conditions, then payment of all of Contractor's obligations under the Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect area affected by such condition to be deleted from the until one year after the date when final payment becomes Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specified EJCDC-C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.14 I I I I I I I I I I I I !1 I IT I I in Paragraph 13.07, whichever is later, 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 Compa- nies" 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 the agent's authority to act. C. If the surety on any bond furnished by Contractor 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 5.01.8, Contractor shall promptly notify Owner and Engineer and shall, within 20 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01.E 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 Supplementary 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. B. 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; 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: a. by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or b. 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 required by this Paragraph 5.04 shall: 1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insured (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as addi- tional insureds, and include coverage for the respective officers, directors, partners, employees, agents, 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; I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 -IS I 3. include completed operations insurance; 4. include contractual liability insurance covering Contractor's indemnity obligations under Paragraphs 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 30 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 insur- ance, and any insurance coverage written on a claims - made basis, remain in effect for at least two years after final payment. a. 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 Supple- mentary 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, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, 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 insured or 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, (other than caused by flood) and such other perils or causes of loss as may be specifi- cally 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); 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; Owner; 5. allow for partial utilization of the Work by 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 certificate 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, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents, 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 insured or additional insured. C. All the policies of insurance (and the certifi- cates 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 accor- dance 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 I I I I I I I I I El U I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 16 I Li I I I I I I I I I I I I TI I I deductible amounts that are identified in the Supple- mentary 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. 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, and Engineer, and all other individuals or entities identified in the Supple- mentary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, 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 Contractor waive all rights against each other and their respective officers, directors, partners, employees, agents, 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, and Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insured or additional insured (and the officers, directors, partners, employees, agents, consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued. B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors, partners, employees, agents, 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 perils 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 pursuant to Paragraph 14.04, or after final payment pursuant to Paragraph 14.07. C. Any insurance policy maintained by Owner covering 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, or Engineer, and the officers, directors, partners, employees, agents, 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 agreement 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. 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 ' EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-17 I 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 2.01.B. Owner and Contractor shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent bonds or insurance to protect such other party's interests at the expense of the party who was 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 endorsement 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. 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. B. At all times during the progress of the Work, Contractor shall assign a competent resident superin- tendent 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. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Docu- ments. Contractor shall at all times maintain good disci- pline 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. Contractor will not permit the performance of Work on a 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 Contract Documents, 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 special warranties and guarantees required 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. C. 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 Documents. 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. I 1 I I I I I I I I C. I I I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 18 I I H I I 1 I I I I I I I 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. Such adjust- ments will comply with any provisions of the General Re- quirements applicable thereto. 2. Proposed adjustments in the Progress Schedule that will change the Contract Times shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Times may only be made by a Change Order. 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 circumstances described below. 1. "Or -Equal" Items: If in Engineer's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by Engineer as an "or -equal" item, in which case review and approval of the proposed item may, in Engineer's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment Engineer determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole, 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the Owner or increase in Contract Times, and 2) it will conform substantially 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 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 requirements 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 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: 1) shall certify that the proposed substi- tute item will: a) perform adequately the functions and achieve the results called for by the general design, b) be similar in substance to that specified, and c) be suited to the same use as that specified; 2) will state a) the extent, if any, to which the use of the proposed substitute item will preju- dice Contractor's achievement of Substantial Completion on time; b) whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item; and EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 19 I c) whether or not incorporation or use of the proposed substitute item in con- nection with the Work is subject to payment of any license fee or royalty; 3) will identify: a) all variations of the proposed substitute item from that specified , and b) available engineering, sales, maintenance, repair, and replacement services; 4) and shall contain an itemized esti- mate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, B. Substitute Construction Methods or Proce- dures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents. Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by Engineer. 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 requirements for review by Engineer will be similar to those provided in Paragraph 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 may require Contractor to furnish additional data about the proposed substitute item. 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 Contractor 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 Engineer's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B Whether or not Engineer approves a substitute item so proposed or submitted by Contractor, Contractor shall reimburse Owner for the charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the charges of Engineer for making changes in the Contract Documents (or in the provisions rof any other direct contract with Owner) resulting from the acceptance of each 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 Subcon- tractor, 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 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 reason- able objection after due investigation. Contractor shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued. No acceptance by Owner of any such Subcontractor. Supplier, or other individual or entity, whether initially or as a replacement, shall consti- tute a waiver of any right of Owner or Engineer to reject defective Work. C. Contractor shal I 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: 1. 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 2. shall anything in the 'Contract Documents create any obligation on the part of Owner or Engineer to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual I I I C I I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.20 I I I I H Ii I I I I I J I 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 per- forming or furnishing any of the Work to communicate with Engineer through Contractor. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcon- tractors 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 appro- priate 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, and Engineer,, 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, 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, Contractor 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. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, 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 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 Supple- mentary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. Owner shall pay all charges of utility owners for connections for providing permanent service to the Work. 6.09 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applica- ble to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's primary responsibility to make certain that the Specifications and Drawings are in accordance with laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.03. C. Changes in laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work shall be the subject of an adjustment in Contract Price or Contract Times. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in Paragraph 10.05. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for FJCDC. All rights reserved. 00700-21 I 6.10 Taxes A. Contractor shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. Contractor shall confine construction equip- ment, 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 and Engineer, and the officers, directors, partners, employees, agents, 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 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 conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work Contractor shall clean the Site and the Work and make it ready for utilization by Owner. At the com- pletion 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 properly 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, Change Orders, Work 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 Engi- neer for Owner. 6.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precau- tions 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. C. 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 Contractor, 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 Draw- I I I I I I I I I I I I I L EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.22 ings or Specifications or to the acts or omissions of ' Owner or Engineer or , 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). D. 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 coordi- nating 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 protec- tion 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 and Samples to Engineer for review and approval in accor- dance with the acceptable Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as Engineer may require. 1. Shop Drawings ' a. Submit number of copies specified in the General Requirements. b. Data shown on the Shop Drawings will be complete with respect to quantities, dimensions, 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.D. 2. Samples: Contractor shall also submit Samples to Engineer for review and approval in accor- dance with the acceptable schedule of Shop Drawings and Sample submittals. a. Submit number of Samples specified in the Specifications. b. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as Engineer may require to enable Engineer to review the submittal for the limited purposes required by Paragraph 6.17.D. B. Where a Shop Drawing or Sample is required by the Contract Documents or the Schedule of Submittals , 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. C. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, Contractor shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. the suitability of 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 Contractor's responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto; and d. shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor's obligations under the Contract Documents EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.23 with respect to Contractor's review and approval of that submittal. 3. With each submittal, Contractor shall give Engineer specific written notice of any variations, that the Shop Drawing or Sample may have from the requirements of the Contract Documents. This notice shall be both a written communication separate from the Shop Drawing's or Sample Submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submit- ted to Engineer for review and approval of each such variation. D. Engineer's Review 1. Engineer will provide timely review of Shop Drawings and Samples in accordance with the Schedule of 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 Docu- ments. 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 con- struction 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 shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Paragraph 6.17.C.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. Engineer's review and approval shall not relieve Contractor from responsibility for complying with the requirements of Paragraph 6.17.C.1. E. Resubmittal Procedures I. Contractor shall make corrections required by Engineer and shall return the required number of cor- rected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals. disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 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 that all Work will be in accordance with the Contract Documents and will not be defective. Engineer and its Related Entities shall be entitled to rely on representation of Contractor's warranty and guarantee. B. 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. C. 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 review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by Engineer; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by Owner. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, partners, employees, agents, consultants and 6.18 Continuing the Work subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not A. Contractor shall carry on the Work and adhere limited to all fees and charges of engineers, architects, to the Progress Schedule during all disputes or attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.24 L I Li I I I I I I I I I I I I I I Li I I I I I I It U I IJ I I I n I 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 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 but only to the extent caused 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 B. In any and all claims against Owner or Engineer or any of their respective consultants, agents, officers, directors, partners, or employees by any employ- ee (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 officers, directors, partners, employees, agents, consultants and subcontractors 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. 6.21 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. Contractor shall not be required to provide professional services in violation of applicable law. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, Owner and Engineer will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, Shop Drawings and other submittals prepared by such professional. Shop Drawings and other submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to Engineer. C. Owner and Engineer shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided Owner and Engineer have specified to Contractor all performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.21, Engineer's review and approval of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. Engineer's review and approval of Shop Drawings and other submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D.I. E. Contractor shall not be responsible for the adequacy of the performance or design criteria required by the Contract Documents. ARTICLE 7 -OTHER WORK AT THE SITE 7.01 Related Work at Site A. Owner may perform other work related to the Project at the Site with Owner's employees, or via 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 Contractor 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, each utility owner and Owner, if Owner is performing other work with Owner's employees, proper and safe access to the Site, 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. Contractor 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.25 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of Engineer and the others whose work will be affected, The duties and responsibilities of Contractor under this Paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of Contractor in said direct contracts between Owner and such utility owners and other contractors, C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to Engineer in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Condi- tions: 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 responsibili- ties will be provided. B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and responsibility for such coordination. 7.03 Legal Relationships A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner. B. Each other direct contract of Owner under Paragraph 7.01.A shall provide that the other contractor is liable to Owner and Contractor for the reasonable direct delay and disruption costs incurred by Contractor as a result of the other contractor's actions or inactions. C, Contractor shall be liable to Owner and any other contractor for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor's action or inactions. ARTICLE 8- OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, Owner shall issue all communications to Contractor through Engineer. 8.02 Replacement of Engineer A. In case of termination of the employment of Engineer. 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 When Due A. Owner shall make payments to Contractor 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 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 purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. Owner's responsibility in respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 26 it I I I I I I I I I I L I I I I 11 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 Contractor 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 undis- closed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent Owner has agreed to furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner's obligations under the Contract Documents, Owner's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 Owner's Representative A. Engineer will be Owner's representative during the construction period. The duties and responsi- bilities and the limitations of authority of Engineer as Owner's representative during construction are set forth in the Contract Documents and will not be changed without written consent of Owner and Engineer. 9.02 Visits to Site A. Engineer will make visits to the Site at inter- vals 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 9.09. 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 authority and responsibilities of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates another 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 Supplementary Conditions. 9.04 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 Docu- ments. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Feld Order justifies an adjustment in the Contract Price or Contract Times, or both, and the parties are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment , a Claim may be made therefor as provided in Paragraph 10.05. 9.05 Rejecting Defective Work A. Engineer will have authority to 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. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-27 9.06 Shop Drawings, Change Orders and Payments A. In connection with Engineer's authority, and limitations thereof. as to Shop Drawings and Samples. see Paragraph 6.17. B. In connection with Engineer's authority, and limitations thereof, as to design calculations and design drawings submitted in response to a delegation of professional design services, if any, see Paragraph 6.21. C. In connection with Engineer's authority as to Change Orders, see Articles 10, 11, and 12. D. In connection with Engineer's authority as to Applications for Payment, see Article 14. 9.07 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 Contractor 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. 9.08 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. All matters in question and other matters between Owner and Contractor arising prior to the date final payment is due relating to the acceptability of the Work, and the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, will be referred initially to Engineer in writing within 30 days of the event giving rise to the question B. Engineer will, with reasonable promptness, render a written decision on the issue referred. If Owner or Contractor believe that any such decision entitles them to an adjustment in the Contract Price or Contract Times or both, a Claim may be made under Paragraph 10.05. The date of Engineer's decision shall be the date of the event giving rise to the issues referenced for the purposes of Paragraph 10.05. B. C. Engineer's written decision on the issue referred will be final and binding on Owner and Contractor, subject to the provisions of Paragraph 10.05. D. When functioning as interpreter and judge under this Paragraph 9.08, 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. 9.09 Limitations on Engineer's Authority and Responsibilities 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 Cr not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty 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 respon- sible 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 maintenance 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 require- ments 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 responsi- bility set forth in this Paragraph 9.09 shall also apply to, the Resident Project Representative, [if any, and assistants, if any. ARTICLE 10 - CHANGES IN THE WORK: CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Contract 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 Change Order, or a Work Change Directive. Upon receipt of any such document, Contractor shall I I I I I Li I I I I I I I Li H I I I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright 62002 National Society of Professional Engineers for EJCDC. An rights reserved. 00700.28 I I I I I I I I [1 I I I I I 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 appropri- ate Change Orders recommended by Engineer covering: 1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.0I.A, (ii) required because of acceptance of defective Work under Paragraph 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. 10.05 Claims A. Engineer's Decision Required: All Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the Engineer for decision. A decision by Engineer shall be required as a condition precedent to any exercise by Owner or Contractor of any rights or remedies either may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Claims. B. Notice: Written notice stating the general nature of each Claim, 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. The responsibility to substantiate a Claim shall rest with the party making the Claim. Notice of the amount or extent of the Claim, 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). 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 adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to Engineer and the claimant within 30 days after receipt of the claimant's last submittal (unless Engineer allows additional time). C. Engineer's Action: Engineer will review each Claim and, within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any, take one of the following actions in writing: 1. deny the Claim in whole or in part, 2. approve the Claim, or 3. notify the parties that the Engineer is unable to resolve the Claim if, in the Engineer's sole discretion, it would be inappropriate for the Engineer to do so. For purposes of further resolution of the Claim, such notice shall be deemed a denial. D. In the event that Engineer does not take action on a Claim within said 30 days, the Claim shall be deemed denied. E. Engineer's written action under Paragraph 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.D will be final and binding upon Owner and Contractor, unless Owner or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. I EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.29 F. No Claim for an adjustment in Contract Price Contractor and shall deliver such bids to Owner, who will or Contract Times will be valid if not submitted in then determine, with the advice of Engineer, which bids, accordance with this Paragraph 10.05. 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 ARTICLE II - COST OF THE WORK; and fee shall be determined in the same manner as ALLOWANCES; UNIT PRICE WORK Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 11.01 Cost of the Work A, Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor 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 11.01.8. 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, unemployment, 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 pay- ments, 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. 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 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 facilities at the Site, and hand tools not owned by the workers, which are consumed in the perfor- mance 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 he in accordance with the terms of said rental agreements. The rental of any such equip- ment, machinery, 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 Contractor is liable, imposed by Laws and Regulations. e. Deposits lost for causes other than 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, 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 performance 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 Li I I I I I I I I I [_] I I 1 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright© 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700-30 I 1 I I I I I 1 I I 1 I 1J I 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, expresses, and similar petty cash items in connection with the Work. i. 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 managers, safety managers, engineers, architects, estimators, attor- neys, auditors, 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 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be 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. 1 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. 1 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs I L01.A and 11.01.B. 1 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 11.01.13, 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 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 and by such persons or entities as may be acceptable to Owner and Engineer. B. Cash Allowances 1. Contractor agrees that: a. the cash allowances include the cost to Contractor (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation , overhead, profit, and other expenses contemplated for the cash allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance 1. Contractor agrees that a contingency allowance, if any, is for the sole use of Owner to cover unanticipated costs. D. 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 Agreement. EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 31 B. 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 9.07. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. D. 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 signifi- cantly 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, 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. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. 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 accordance 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 allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under Paragraph 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 (determined 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 df the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.I and 11.01.A.2, the Contractor's fee shall be 15 percent; b. for costs incurred under Paragraph 11.0 I.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.I and 11.0I.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, 11.O1.A.5, and 11.01.13; 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 involved in any one change, the adjustment in Contractor's fee shall be computed on the basis of the net change in accordance with Paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a A. The Contract Times may only be changed by mutually agreed lump sum (which may include an a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted FJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for FJCDC. All rights reserved. 00700-32 I LI I 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 covered by a Change Order or any Claim for an adjustment in the Contract Times will be determined in accordance with the provisions of this Article 12. 1 12.03 Delays I I I I I I I I I I A. Where Contractor is prevented from completing any part of the Work within the Contract Times due to delay beyond the control of Contractor, the Contract Times 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 contemplat- ed by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. B. If Owner, Engineer, or other contractors or utility owners performing other work for Owner as contemplated by Article 7, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Price or the Contract Times , or both. Contractor's entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor's ability to complete the Work within the Contract Times. C If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor's ability to complete the Work within the Contract Times. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph 12.03.C. D. Owner, Engineer and the Related Entities of each of them 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. 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, their consultants and 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.C; 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. E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to EJCDC C-700 Standard General Conditions of the Construction Contract Copyright ® 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 33 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. 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 Contractor has given Engineer timely notice of Contractor's intention to cover the same and Engineer 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. C. If it is found that the uncovered 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. D. If, the uncovered 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 both, directly attributable 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 I I I I I A, Promptly after receipt of notice, 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). B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair Owner's special warranty and guarantee, if any, on said Work. 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 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: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by Owner, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. I I I I I I I I I I I I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.34 r" I I I I I I I I I I I I B. If Contractor does not promptly comply with the terms of Owner's written 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 re- moved and replaced. 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. C. 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 item may start to run from an earlier date if so provided in the Specifications . D. 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. E. 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 or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, Owner shall proceed expeditiously. In connection with such corrective or 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 posses- sion of Contractor's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees, Owner's other 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 Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and Owner shall be entitled to an appropriate decrease in the Contract Price. 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 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 provid- ed in Paragraph 2.07.A will serve as the basis for progress EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. AU rights reserved. 00700.35 payments and will he incorporated into a form of Applica- tion for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments I. At least 20 days before the date established in the Agreement 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 documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance 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 progress 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 professional and on Engineer's review of the Application for Payment and the accompanying data and schedules, that to the best of Engineer's knowledge, information and belief: a. the Work has progressed to the point indicat- ed; b. the quality of the Work is generally in accor- dance 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 9.07, 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 Engineer will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to even aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsi- bilities specifically assigned to Engineer in the Contract Documents; or b. 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 recommending payments nor Engineer's recommendation of any payment, including final payment, will impose responsibility on Engineer: a. to supervise, direct, or control the Work, or b. for the means, methods, techniques, ' sequences, or procedures of construction, or the safety precautions and programs incident thereto, ' or c. for Contractor's failure to comply with Laws and Regulations applicable to Contractor's performance of the Work, or d. to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or e. 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 representations to Owner stated in Paragraph 14.02.B.2. Engineer may also refuse to recommend any such payment or, because of subse- quently discovered evidence or the results of subsequent EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society or Professional Engineers for EJCDC. All rights reserved. 00700 - 36 U 1 I I 1 I LI I I I LI inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in Engineer's opinion to protect Owner from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by 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 Paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, 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 furnish- ing 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 set-off against the amount recommended; or d. Owner has actual knowledge of the occurrence 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 will 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. Owner shall promptly pay Contractor the amount so withheld, or any adjustment thereto agreed to by Owner and Contractor, when Contractor corrects to Owner's satisfaction the reasons for such action. 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. B. Promptly after Contractor's notification, , 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. C. If Engineer considers the Work substantially complete, Engineer will deliver to Owner a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. Owner shall have seven days after receipt of the tentative certificate during which to make written objection to Engineer as to any provisions of the certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will within 14 days after submission of the tentative certificate to Owner notify Contractor in writing, stating the reasons therefor. If, after consideration of Owner's objections, Engineer considers the Work substantially complete, Engineer will within said 14 days execute and deliver to Owner and Contractor a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or correct- ed) reflecting such changes from the tentative certificate as Engineer believes justified after consideration of any objections from Owner. D. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommen- dation as to division of responsibilities 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 EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.37 Completion, Engineer's aforesaid recommendation will be binding on Owner and Contractor until final payment. E. Owner shall have the right to exclude Contractor from the Site after the date of Substantial Completion subject to allowing Contractor reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Prior to Substantial Completion of all the Work, Owner may use or occupy 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, subject to the following condi- tions. 1. Owner at any time may request Contractor in writing to permit Owner to use or occupy any such part of the Work which Owner believes to be ready for its intended use and substantially complete. If and when 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. 2. 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 substan- tially complete and request Engineer to issue a certificate of Substantial Completion for that part of the Work. 3. 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. 4. No use or 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 1. If, on the basis of Engineer's observation of A. Upon written notice from Contractor that the the Work during construction and final inspection, and entire Work or an agreed portion thereof is complete, Engineer's review of the final Application for Payment Engineer will promptly make a final inspection with and accompanying documentation as required by the Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.38 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 maintenance and operating instructions, schedules, guarantees, 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: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.04.B.7; b. consent of the surety, if any, to final payment; c. a list of all Claims [against Owner that Contractor believes are unsettled; and d. 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. B. Engineer's Review of Application and Acceptance El 11 I I I I I I 1 I I I I 1 I I I I 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 andpresent the Application for Payment to Owner for payment. 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, indicat- ing in writing the reasons for refusing to recommend final payment, in which case Contractor 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, less any sum Owner is entitled to set off against Engineer's recommendation, including but not limited to liquidated damages, will become due and , will be paid by Owner 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 (for Work fully completed and accepted) and recommendation of Engineer, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance 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 Contractor 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 A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by Owner against Contractor, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to Paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from Contractor's continuing obligations under the Contract Documents; and with the requirements herein and expressly acknowledged by Owner in writing as 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 Contractor and Engineer which will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be granted an adjust- ment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05. 15.02 Owner May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's disregard of the authority of Engineer; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in Paragraph 15.02.A occur, Owner may, after giving Contractor (and surety ) seven days written notice of its intent to terminate the services of Contractor: 1. 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), 2. 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 2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 39 3. complete the Work as Owner may deem expedient. C. if Owner proceeds as provided in Paragraph 15.02.8, Contractor shall not be entitled to receive any further payment until the Work is completed. 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. D. Notwithstanding Paragraphs 15.02.E and 15.02.C, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. E. 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. F. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.8, and 15.02.C. 15.03 Owner May Terminate For Convenience A. Upon seven days written notice to Contractor and Engineer, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract, In such case. Contractor shall be paid for (without duplication of any items): 1. 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. 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. 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. 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, (i) the Work is suspended for more than 90 consecutive days by Owner or under an order of court or other public authority, or (ii) Engineer fails to act on any Application for Payment within 30 days after it is submitted, or (iii) 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. B. In lieu of terminating the Contract and without prejudice to any other right or remedy, if Engineer 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. Either Owner or Contractor may request mediation of any Claim submitted to Engineer for a decision under Paragraph 10.05 before such decision becomes final and binding. The mediation will be EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright C 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700.40 I C1 I I I L I I El I I I I L I I I I I Li I 1 I I J I governed by the Construction Industry Mediation Rules of the American Arbitration Association in effect as of the Effective Date of the Agreement. The request for mediation shall be submitted in writing to the American Arbitration Association and the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.05.E. B. Owner and Contractor shall participate in the mediation process in good faith. The process shall be concluded within 60 days of filing of the request. The date of termination of the mediation shall be determined by application of the mediation rules referenced above. C. If the Claim is not resolved by mediation, Engineer's action under Paragraph 10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become final and binding 30 days after termination of the mediation unless, within that time period, Owner or Contractor: 1. elects in writing to invoke any dispute resolution process provided for in the Supplementary Conditions, or 2. agrees with the other party to submit the Claim to another dispute resolution process, or 3. gives written notice to the other party of their intent to submit the Claim to a court of competent jurisdiction. 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: 1. 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 2. 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 Regula- tions, by special warranty or guarantee, or by other provisions of the Contract Documents. 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, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Docu- ments, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. 17.06 Headings A. Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. I EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. 00700 - 41 I Section 00800 I. SUPPLEMENTARY CONDITIONS LIST OF SUBJECTS ' SC -1.01 Defined Terms SC -2.01.B Evidence ofInsurance: SC -2.02 Copies of Documents SC -2.05.A Preliminary Schedules: • SC -4.02 Subsurface and Physical Conditions SC -4.04 Underground Facilities SC -5.01 Performance, Payment, and Other Bonds SC -5.02 Licensed Sureties and Insurers SC -5.03 Certificates of Insurance SC -5.04 Contractor's Liability Insurance SC -5.04.B.1 Identification of Additional Insureds SC -5.04.B.5 Notice of Cancellation of Liability Insurance SC -5.05 Owner's Liability Insurance SC -5.06 Property Insurance SC -5.08 Receipt and Application of Insurance Proceeds SC -6.04 Progress Schedules SC -6.08 Permits • SC -6.09 Laws and Regulations SC -6.19 Contractor's General Warranty and Guarantee SC -7.01 Related Work at the Site SC -7.04 Separate Contractor Claim SC -8.06 Insurance SC -9.03 Project Representative SC -10.06 Authority for Changes in the Work SC -1 1.03 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 SC -14.04 Substantial Completion SC -14.05 Partial Utilization ' These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. C-700, 2002 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 (EJCDC No. C-700, 2002 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: I City of Fayetteville Engineering Division March, 2007 Page 00800-1 Li "1.01.29. "Owner" shall mean the City Of Fayetteville, Arkansas, acting through its duly authorized t representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701." Add the following definitions to paragraph 1.01 of the General Conditions: 1.01.53. "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by Bonds, and whose signatures are attached to such Bonds. 1.01.54. "Advertisement" shall mean the legal publications pertaining to the work of this contract. 1.01.55. "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as Engineer may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the work as authorized under the General Requirements, or for the showing of details which are not shown thereon. 1.01.56. "Grade" shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Drawings." SC -2.01.B. Evidence of Insurance: Delete all references to Owner supplied and Owner delivered insurance. , SC -2.02 Copies of Documents Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its place: "A. Engineer shall furnish to Contractor six (6) bound copies of the Agreement and other Contract Documents, the Bond or Bonds properly executed. Contractor shall execute the Agreement and submit all copies to 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 Owner executes the contract. ' Owner shall furnish to Contractor up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction." SC -2.05.A. Preliminary Schedules: Delete paragraph 2.05.A of the General Conditions and replace with the following: 1 "A. Preliminary Schedules: "Within 10 days after the Effective Date of the Agreement and prior to the ' issuance of the Notice to Proceed, Contractor shall submit to Engineer for timely review:" Delete paragraph 2.05.A.I of the General Conditions in its entirety and insert the following in its place: ' "1. a preliminary "dollar -loaded" Progress Schedule, in the format specified in Section 01310 - Progress Schedules of the Specifications, indicating the times (number of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents. The schedule shall also show the projected dollar value and the percentage of work complete on a monthly basis so that the City may use this information to track the cash flow for the overall Capital Improvement Program." ' I City of Fayetteville March, 2007 Engineering Division Page 00800-2 Add the following to the end of paragraph 2.05.A.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 -4.02 Subsurface and Physical Conditions No subsurface investigation has been conducted within the project site area. Contractor shall conduct his own • investigations, testing, soundings, and other such investigations as he may deem necessary in preparing his Bid. SC -4.04 Underground Facilities Add new paragraphs 4.04.B.3 and 4.04.B.4, immediately following paragraph 4.04.B.2 of the General Conditions which shall read as follows: ' "3. Paragraphs 4.04.B.1. and 4.04.B.2 do not apply to Underground Facilities that are being relocated by others as part of the Project. Owner does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. Contractor shall advise Engineer of Underground Facilities that have been relocated, but may not make a claim for changes in the Contract Price or Contract Times as a result of any such relocation. If the relocation of Underground Facilities presents an obstacle to the Work continuing, Contractor shall inform Owner and Engineer of the obstacle, and Engineer will determine if a change in the Work is required. If the change in the Work results in a change in the quantity of Unit Price Work, Contractor will be paid for the actual Unit Price Work installed. 4. Contractor is responsible for locating all utilities, whether public or private, prior to excavating. Contractor shall notify Arkansas One -Call prior to beginning any construction and shall have all utilities field located. ' Contractor should be aware that Arkansas One -Call did not locate all underground facilities, as requested, during the design phase of this project." ' SC -5.01 Performance, Payment and Other Bonds Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new paragraph in its ' place: "C. If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, 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 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 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 Owner." ' Add the following new paragraphs immediately after paragraph 5.01.C of the General Conditions which read as follows: D. 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). I. City of Fayetteville March, 2007 Engineering Division Page 00800-3 I E. Additional Information: Contractor shall provide the Bonds as described in these sections within ten (10) , days after the receipt of a Notice of Selection. For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and contract amount may not exceed 2.0 percent of the policyholder's surplus. (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. The expense of all Bonds shall be borne by Contractor." SC -5.02 Licensed Sureties and Insurers Add the following new paragraphs immediately after paragraph 5.02.A of the General Conditions which read as t follows: "B. Contractor shall furnish performance and payment Bonds as provided for by Article 5 of the General ' Conditions executed by a company 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. 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." SC -5.03 Certificates of Insurance Delete section 5.03.E ("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 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.2 through 5.04.A.5 of the General Conditions: $1,000,000.00 Combined Single Limit I 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. I City of Fayetteville March, 2007 , Engineering Division Page 00800-4 II II II I! I I I Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions: (1) Bodily Injury: $1,000,000.00 $2,000,000.00 Property Damage: Each person Each occurrence $500,000.00 Each occurrence 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 them by reason of omission or act of Contractor, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. Contractor shall obtain in the name of Owner and Engineer (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect Owner and Engineer from contingent liability under this contract. ISC -5.06 Property Insurance I Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its place: "A. Contractor shall purchase and maintain, until final payment, property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of Owner, Contractor, Subcontractors, Engineer and Engineer's consultants in the Work (all of whom shall be listed as insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, ' City of Fayetteville March, 2007 Engineering Division Page 00800-5 I vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided I 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 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 Owner by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.07.B." Delete paragraph 5.06.B of the General Conditions in its entirety and insert the following in its place: "B. Contractor shall protect Owner against all loss during the course of the contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by Contractor to protect Owner against all losses, Contractor shall be responsible for the determination of and procurement of any additional insurance needed." Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its place: "C. Policies shall also specify that insurance provided by Contractor will be considered primary and not contributory to any other insurance available to Owner or Engineer. All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the policies and certificates." Delete paragraph 5.06.E of the General Conditions in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds Delete paragraph 5.08 of the General Conditions in its entirety. SC -6.04 Progress Schedules Add a new paragraph 6.04.A.3 immediatelyfollowing paragraph 6.04.A.2 of the General Conditions which shall read as follows: "3. An updated "dollar -loaded" schedule, in the format specified in Section 01310 - Progress Schedules of the Specifications, shall be required with each submittal for progress payment by Contractor. Failure to provide an accurate "dollar -loaded" schedule and/or an updated "dollar -loaded" schedule shall be reason for Owner to refuse progress payment to Contractor." SC -6.08 Permits 1 Add a new paragraph 6.08.B immediately after paragraph 6.08.A of the General Conditions which shall read as follows: "B. The City will obtain an NPDES Storm Water Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of Environmental Quality (ADEQ). Contractor shall post such City of Fayetteville March, 2007 Engineering Division Page 00800-6 ' permits and maintain a job site file of associated Storm Water Pollution Prevention Plans and construction reports required by the permit. SC -6.09 Laws and Regulations Add a new paragraph 6.09.D immediately after paragraph 6.09.C of the General Conditions which shall read as follows: 'D. If applicable, all wages paid shall be in accordance with the Arkansas Prevailing Wage Law, Arkansas Code Annotated §§22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder for the construction of public works projects, where the cost of all labor and material exceeds seventy-five thousand ' dollars ($75,000). Wages shall not be less than those established by the Arkansas Department of Labor Prevailing Wage Determination." I L_1 I I I I II II SC -6.19 Contractor's General Warranty and Guarantee Add a new paragraph 6.19.D immediately after paragraph 6.19.C of the General Conditions which shall read as follows: "D. For a period of two (2) years, or longer if specified by special guarantees or by law, Contractor shall at 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 Engineer to cover the above specified two year warranty period. The Contractor shall hold 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 Engineer and will be either the date of Engineer's recommendation for Final Payment in accordance with paragraph 14.07.8, Review of Application and Acceptance, or the date of Substantial Completion as specified in paragraph 14.04. Contractor shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from Owner. If Contractor fails to make the repairs or replacements promptly, Owner may perform the work and Contractor and Contractor's Surety shall be liable for all costs thereof." SC -7.04 Separate Contractor Claim Add a new paragraph 7.04 immediately after paragraph 7.03 of the General Conditions which shall read as follows: "7.04 Separate Contractor Claim A. Should Contractor cause damage to the Work or property of any separate contractor (or separate party) at the site, or should any claim arising out of Contractor's performance of the Work at the site be made by any separate contractor (or separate party) against Contractor, Owner or Engineer, or any such person, Contractor shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold Owner and Engineer harmless from and against all claims, damages, losses and expenses. (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against Owner or Engineer to the extent based on a claim arising out of Contractor's performance of the Work. Should a separate contractor (or separate ' City of Fayetteville March, 2007 Engineering Division Page 00800-7 L party) cause damage to the Work or property of Contractor or should the performance of Work by any separate ' contractor (or separate party) at the site give rise to any other claim, Contractor shall not institute any action, legal or equitable, against Owner or Engineer or permit any action against them to be maintained and continued in Contractor's name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from Owner or Engineer on account of such damage or claim. If Contractor is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, Contractor may make a claim for an extension of time in accordance with Article 12 of the General Conditions. An extension of the Contract Time shall be Contractor's exclusive remedy with respect to Owner and Engineer for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from Owner or Engineer for activities that are their respective contractual responsibilities." SC -8.06 Insurance , Delete paragraph 8.06 of the General Conditions in its entirety. SC -9.03 Project Representative Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a Resident Project I Representative by Engineer. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.09 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 Owner and Engineer shall apply: Engineer's Representative - No authority. Engineer - No authority. Mayor -$10,000.00 (Accumulative) or up to amount of approved project contingency. All accumulative changes which result in Contract Price changes in excess of $10,000.00 shall require the formal approval of the Fayetteville City Council." SC -11.03 Unit Price Work Paragraph 11.03.D of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "D. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the ' following conditions: 1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract 1 Price and the variation of the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and City of Fayetteville March, 2007 Engineering Division Page 00800-8 I 2. if there is no corresponding adjustment with respect to any other item of Work; and ' 3. if Contractor believes that Contractor has incurred additional expense as a result thereof; or 4. if Owner believes that the quantity variation entitles Owner to an adjustment in the unit price; then 5. either Owner or Contractor may make a claim for an adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC -12.03 Delays Beyond Contractor's Control Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A of the General Conditions, and add the following sentences at the end of paragraph 12.03.A: L I I I I I I I "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 (but not more often than once a month), as scheduled by joint consent of Contractor and Engineer at the pre -construction conference. 3. Engineer, based upon data gathered during the construction process, will review the estimate prepared by Contractor of the value of the Work done and materials furnished in place during the previous estimate period. Contractor shall furnish to Engineer such detailed information including invoices from material suppliers as Engineer may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as indicated in the Agreement. If Owner or Engineer shall at any time fail to make Contractor a monthly estimate at the time herein specified, such failure shall not be held to violate or void the contract. Note that failure of Contractor to provide an updated and accurate "dollar -loaded" progress schedule shall be reason to reject Contractor's request for progress payment. 4. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that Owner has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect Owner's interest therein, all of which will be satisfactory to Owner. City of Fayetteville March, 2007 Engineering Division Page 00800-9 L,' 5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement." SC -14.02.B. Review of Applications Insert the following new paragraphs 14.02.B.5.c and 14.02.B.5.d to paragraph 14.02.B.5 of the General Conditions, as additional reasons for Engineer to reduce Contractor's request for progress payment, and renumber paragraphs 14.02.B.5.c and 14.02.B.5.d as 14.02.B.5.e and 14.02.B.5.f: "c. liability for liquidated damages has been incurred by Contractor; d. Contractor has failed to maintain record documents as required by paragraph 6.12;" 1 SC -14.02.C. Payment Becomes Due Delete paragraph 14.02.C. 1 of the General Conditions and replace with the following: "I. After the required internal reviews and written approval by Engineer, Owner will diligently proceed to make payment to Contractor, in accordance with the approved payment request, within 30 days from the date of approval. All efforts will be made to make payments within the 30 day period, but Owner cannot guarantee the 30 days maximum time." SC -14.04 Substantial Completion The following shall be added at the end of paragraph 14.04.D of the General Conditions: "The Work will be considered substantially complete when all of the Traffic Calming elements contemplated in the Contract are operational, including installation of concrete. signage, and striping, and iremoval of any temporary traffic control devices. The following items need not be completed for the Work to be considered substantially complete: ' Fine grading, seed & mulching, and sodding. Final cleanup of project area and final dressing of grassy/earthen areas behind curbs. Determination of quality of growth resulting from sodding and seeding & mulching. Other minor items identified for correction on the final punchlist." End of Section 00800 1 I 1l City of Fayetteville March, 2007 Engineering Division Page 00800-10 • RECEIVED. MAR05 5 2007 ' Mike Beebe James L. Salkeld Governor ENGINEERI STATE OF ARKANSAS Mrwor ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX (501) 682-4535 • TDD: (800) 285-1131 March 2, 2007 lJ I I I I Li I I Mr. Chris Brown City of Fayetteville 125 W Mountain Fayetteville, -AR 72701 Re: Wilson Park/Washington Willow Areas Traffic Calming Fayetteville, Arkansas Washington County Dear Mr. Brown: Please be advised that the Arkansas Prevailing Wage Law shall not be construed to apply to or affect highway, road, street, or bridge construction and maintenance or related work contracted for or performed by Incorporated towns, cities, counties, or the Arkansas State Highway and Transportation Department. Ark. Code Ann. § 22-9-303 (b) (1987). Since your request is for a city street project, the Prevailing Wage Law would exclude the above -referenced project from coverage and you are under no obligation to obtain a wage determination from this department. Please note that you may access a copy of the Prevailing Wage Law and Regulations at www.arkansas.gov/labor. If you have any questions, or if I can be of further assistance, please contact me at the above address or call (501) 682-4536. I. I. PWL-12A Sincerelyy,/, Don Cash Prevailing Wage Division Section 01010 SUMMARY OF WORK Part 1 - GENERAL 1.1 SECTION INCLUDES A. Project Scope B. Work by Others C. Work Sequence D. Contractor Use of Premises 1.2 PROJECT SCOPE A. The work generally consists of construction of Traffic Calming Devices and appurtenances as indicated in the Drawings and Specifications. Construction items may include: demolition and removal of concrete and/or asphalt pavement and other existing improvements, placement of concrete for traffic circles, speed tables, curb and gutter, and other miscellaneous concrete items, pavement striping, signage, and other, and other items indicated in the Drawings and Specifications. 1.3 WORK BY OTHERS A. Contractor shall coordinate with and accommodate all work to be done by others, whether a part of this Contract or otherwise. 1.4 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. 1.5 WORK SEQUENCE A. The contractor shall lay out each traffic calming device for verification by the Engineer before demolition at the site of the particular device begins. B. Unless permission is given in writing to the Contractor by the Engineer, no more than three (3) traffic calming device installations will be under construction at any time. No more than 48 hours shall pass after demolition at a particular site before preparation for installation of the traffic calming improvements begins at that site. C. Closure of streets in the work area shall be done in such a manner so that one access to adjacent properties is maintained at all times. Closures shall be limited to a maximum of 5 days at any single location.. The Contractor shall coordinate street closures with appropriate personnel as specified in Section 01040. Wilson Park and Washington Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01010-1 D. The Contractor shall provide all necessary traffic control devices for maintenance of traffic during construction in accordance with the Manual on Uniform Traffic Control Devices, latest revision. The Contractor is solely responsible for all aspects of traffic safety related to the construction of this project. Part 2- PRODUCTS Not Used Part 3 -EXECUTION Not Used End of Section 01010 Wilson Park and Washington Willow Area Traffic Calming City of Fayetteville March. 2007 Engineering Division Page 01010-2 I L L I I El I I I I I I I I I U Section 01025 MEASUREMENT AND PAYMENT PARTI-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. Assist by providing necessary equipment, workers, and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED A. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment except those items of work that will be paid based on plan quantities. B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness with survey chain or a steel tape. C. Measurement by Area: Measured by square dimension using mean length and width or radius, with survey chain or steel tape. D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by Engineer. 1.5 PAYMENT A. Payment Includes: Full compensation for required labor, products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.6 DEFECT ASSESSMENT A. Replace the Work, or portions of the Work, not conforming to specified requirements. ' Wilson Park/Washington Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01025-1 El 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. 1.5 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. B. Safety - Safety is considered as incidental to every payment item. C. Testing - Testing of installed work required by the specifications to be completed by Contractor is incidental to any item included in the unit or system being tested. Retesting after corrective action to Work initially found to be defective is incidental to the item. D. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to subsurface conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or walls, where dewatering or shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes ' backfilling with approved material as specified or as indicated on the Drawings. E. 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. Mobilization (Pay Item 1) ' I. Description - The preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of the Contractor's offices, buildings, and other facilities necessary to undertake the work on the project. This item shall also include other work and operations that must be performed, or for expenses incurred, before beginning work on the various Contract items on the project site. In no case shall the amount bid for the item of "Mobilization" exceed 5% of the total contract amount for all other items listed in the proposal. 2. Incidental Items - It shall also include pre -construction costs which are necessary direct costs to the project and are of a general nature rather than directly attributable to other pay items under the Contract. 3. Related Items - None. 4. Units and Measurement - Mobilization will be measured as a complete unit and will be paid for at the contract lump sum price bid. Wilson Park/Washington Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01025-2 I I L L L I I I I I I 5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of the original Contract earned exclusive of the item of Mobilization according to the following schedule: Percentage of Original Percentage of Bid Price Contract Amount Earned for Mobilization Allowed First Progress Estimate 25 10 50 25 100 B. Standard Width Speed Tables (Pay Item 2) 1. Description — Furnish all labor, equipment, and materials necessary for complete installation of Standard Width Speed Tables at all locations shown on the plans and in accordance with the Plans and Specifications, including demolition, base preparation, placement of High Early Strength Concrete for the speed table, permanent signage, thermoplastic pavement markings, and all other items of work necessary for a complete installation of each standard width speed table. "Standard Width Speed Tables" shall be defined as Speed Tables having a maximum width of 24 feet from face of gutter to face of gutter, measured perpendicular to the flow of traffic. 2. Incidental Items — Construction layout, traffic control, erosion control, cleanup and restoration. 3. Related items — Curb and gutter installation adjacent to speed tables. 4. Units and Measurement — Each Standard Width Speed Table will be measured as a complete unit. Work completed and accepted shall be paid for at the contract price bid per each Standard Width Speed Table unit. 5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of individual Speed Table units completed. C. Landscaped Islands (Pay Item 3) I. Description — Furnish all labor, equipment, and materials necessary for complete installation of Landscaped Islands (Traffic Circles) at all locations shown on the plans and in accordance with the Plans and Specifications, including demolition, excavation and disposal of pavement, base, and subgrade material as required, base preparation, concrete placement for the mountable curb, reflectorized pavement markers, topsoil, installation of trees and other plantings, mulch, and all other items of work necessary for a complete installation of each speed table. 2. Incidental Items - Construction layout, traffic control, erosion control, cleanup and restoration. 3. Related Items — None. 4. Units and Measurement - Each Landscaped Island will be measured as a complete unit. Work completed and accepted shall be paid for at the contract price bid per each Landscaped Island unit. 5. Partial Payment Provisions - Allowable partial payments will be based on the percentage of individual Landscaped Island units completed. D. Concrete Curb and Gutter (Pay Item 4) 1. Description - Construct concrete curb and gutter in accordance with the details indicated on the Drawings. Concrete curb and gutter to be installed as directed by the Engineer adjacent to Speed Tables in areas without existing curb and gutter. Wilson Park/Washington Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01025-3 Incidental Items — Excavation, subgrade preparation, 6" compacted class 7 aggregate base installation, fine grading, & preparation, saw cutting, curing compound. expansion material, joint sealant and all equipment, labor, and materials necessary to complete the work. Related Items - Construction layout, traffic control, erosion control, cleanup and restoration. Units and Measurement - Payment shall be at the unit price per linear foot of curb and gutter installed and accepted by Engineer. Partial Payment Provisions - None. Additional Speed Table Width (Pay Item 5) Description — Furnish all labor, equipment, and materials necessary for complete installation of Additional Speed Table Widths beyond the Standard Width of 24 feet. including demolition, base preparation, placement of High Early Strength Concrete for the additional speed table width beyond the Standard Width. Incidental Items — Construction layout, traffic control, erosion control, cleanup and restoration. Related items — Curb and gutter installation adjacent to speed tables, Standard Width Speed Table (up to 24 feet). Units and Measurement — Additional Speed Table Width will be measured by the Linear Foot (LF) of speed table width beyond the standard width of 24 feet. Width measurement will be made perpendicular to the flow of traffic. Work completed and accepted shall be paid for at the contract price bid per Linear Foot of Additional Speed Table Width. Partial Payment Provisions - None Concrete Pavement Removal and Repair (Pay Item 6) Description - Furnish all labor, equipment, and materials necessary for removal and repair of concrete pavement at all locations shown on the plans and in accordance with the Plans and Specifications, including demolition, excavation and disposal of concrete pavement and subgrade material as required, installation and compaction of 6" of Class 7 aggregate base, concrete placement for pavement repair, and all other items of work necessary to provide a completed pavement repair. Incidental Items - Construction layout, traffic control, erosion control, cleanup and restoration. Units and Measurement — Concrete pavement removal and repair will be measured by the square yard (SY). Work completed and accepted shall be paid for at the contract price bid per square yard for concrete removal and replacement. Partial Payment Provisions — None. City of Fayetteville Engineering Division Section 01027 APPLICATIONS FOR PAYMENT Part 1 - GENERAL 1.1 SUMMARY A. Comply with procedures described in this Section when applying for progress payment and final payment. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. The Contract Price and the schedule for payments are described in the General Conditions. 3. Payments upon Substantial Completion and Final Completion of the Work are described in the General Conditions and in Section 01700 of these Specifications. 4. Engineer's approval of applications for progress payment and final payment may be contingent upon Engineer's approval of status of Project Record Documents as described in Section 01700 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to start of construction, Contractor shall secure Engineer's approval of the schedule of values required to be submitted under Paragraph 2.07 of the General Conditions, and further described in these Specifications. ' B. During progress of the Work, Contractor shall modify the schedule of values as approved by Engineer to reflect changes in the Contract Price due to Change Orders or other Modifications. C. Contractor shall base requests for payment on the approved schedule of values. 1.3 FORMAT ' A. Contractor shall submit a request for payment by filling in the agreed data, by typewriter or neat lettering in ink, on "Application for Payment" form provided by Engineer, plus continuation sheet or sheets. 1.4 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. B. Contractor shall date and sign the Application for Payment in ink. C. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item work. II City of Fayetteville May 30, 2003 Engineering Division Page 01027-1 I 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.l.a through 14.02.D.I.d. 2. Sign Application For Payment and make disbursement to Contractor. D. Engineer will distribute signed copies of Application for Payment to Contractor, Owner and Engineer's file. Additional copies of Application for Payment will be distributed by Engineer to the appropriate funding agency or agencies, if required. 1.6 SUBSTANTIATING DATA A. If payment request is for materials and for equipment, or when Engineer requires substantiating information, Contractor shall also submit copies of invoices or documentation as set forth in paragraph 14.02.A of the General Conditions. B. Provide one copy of data with cover letter for each copy of submittal. Show application number and ' date, and line item by number and description. Part 2- PRODUCTS Not used. Part 3 - EXECUTION Not used. End of Section 01027 I I I I I I I City of Fayetteville May 30, 2003 Engineering Division Page 01027-2 I I tPart 1 -GENERAL Section 01035 MODIFICATION PROCEDURE ' 1.1 SUMMARY A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any ' combination thereof, as are described in written Change Orders signed by Owner, Contractor, and Engineer and issued after execution of the Agreement, and in other instruments of change as described herein in accordance with the provisions of this Section. Section includes: 1. Documentation of change in Contract Price and Contract Time. 2. Change procedures. 3. Work Change Directive. 4. Stipulated Price Change Order. 5. Unit price change order. 6. Time and material change order. 7. Execution of Change Orders. 8. Correlation of Contractor submittals. ' B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General ' Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Changes in the Work are described further in the General Conditions. 3. Section 01027 - Applications for Payment. 4. Section 01700 - Project Record Documents. 1.2 QUALITY ASSURANCE ' A. Take such measures needed to assure familiarity of Contractor's staff and employees with the procedures outlined in this section for processing Change Order data. ' B. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. ' 1.3 FORMAT A. Change Order Form: EJCDC 1910-8-B. B. Work Change Directive Form: EJCDC 1910-F. C. Field Order Form: Engineer's letter. I 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. City of Fayetteville Engineering Division May 30, 2003 Page 01035-1 I B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. C. On request, provide additional data to support computations: ' 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. D. Support each claim for additional costs, and for work done on a time and material basis, with additional information: I 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 FIELD ORDER ' A. Engineer will authorize, in writing, minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Paragraph 9.05 of the General Conditions by issuing a Field Order. 1.6 WORK CHANGE DIRECTIVE , A. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The Work Change Directive will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. C. Promptly execute the change in Work. 1.7 STIPULATED PRICE CHANGE ORDER A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations. 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, Change Order will be executed on a fixed unit price basis. , B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Work Change Directive, or based on negotiation and an executed Change Order. ' I City of Fayetteville Engineering Division May 30, 2003 Page 01035-2 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the General Conditions. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the Contract Documents. C. Maintain detailed records of work done on time and material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.10 EXECUTION OF CHANGE ORDERS A. Engineer will provide Change Order forms for signatures of parties as provided in the General Conditions in the number of copies indicated in the Supplementary Conditions. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. ■ B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -schedules to adjust time for other items of work affected by the change, and resubmit. ' C. Promptly enter changes in Project Record Documents. IPart 2- PRODUCTS Not Used. ' Part 3- EXECUTION Not Used. IEnd of Section 01035 I I I I I City of Fayetteville May 30, 2003 Engineering Division Page 01035-3 I ISection 01040 COORDINATION AND MEETINGS ' Part I - 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 Sections in Division 1 of these Specifications. ' 1.3 COORDINATION A. Coordinate construction activities with other contractors working in the same vicinity on other ' projects. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate ' property owners of activities scheduled to occur on, or adjacent to, their property during the coming week. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic department, Police Department, and Fire Department prior Ito cutting or blocking any public street or roadway. An Event Permit shall be secured through the City's Parking Management Division in order to ' provide the advance notice as detailed above. The Event Permit Application Form is attached to the Specifications as Appendix A. C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. ID. Verify that utility requirement characteristics of operating equipment are compatible with existing utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. E. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial. Completion. ' F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. r Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01040-1 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 20 days after the Contract Times start to run, but before any Work at the site is started. B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. C. Agenda: 1. Distribution of executed Owner -Contractor Agreement. 2. Submission of executed bonds and insurance certificates. 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, Schedule of Values, and proposed schedule. 5. Designation of personnel representing the parties in Contract, and the Engineer. 6. Procedures and processing of field decisions, shop drawings, submittals, substitutions, applications for payments, Change Orders and Contract closeout procedures. 7. Construction schedule, including sequence of critical work. 8. Channels and procedures for communication. 9. Rules and regulations governing performance of the Work. 10. Procedures for safety and first aid, security, quality control, and related matters. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work beginning at weekly intervals or as determined by Engineer. B. Make arrangements for meetings, prepare agenda with copies for participants. preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants. and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: I. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01040-2 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. 13. Other business relating to Work. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01040 Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 01040-3 I Section 01.060 REGULATORY REQUIREMENTS ' Part I - GENERAL ' 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regularity requirements applicable to the project. B. Discussion of specific implementation of certain regulatory requirements. ' 1.2 NOT INCLUDED: A. Comprehensive listing of applicable local, state, and federal regulatory requirements applicable to the ' project. B. Reference to or listing of applicable safety standards. 1.3 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to, General ' Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. B. Section 01090 - Reference Standard: applicable consensus standards. 1 C. Specific Sections of this Specification include additional requirements of local, state, and federal regulatory requirements. 1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. ' 1.5 FAYETTEVILLE WATER AND SEWER STANDARDS IA. Water standards are available from the City of Fayetteville Engineering Department. Sewer standards in an unapproved draft form should be obtained by Contractor and referred to when applicable. 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION A. Construction standards as listed in individual Specification Sections. I. 1.7 ARKANSAS DEPARTMENT OF HEALTH ' A. Not used. I I City of Fayetteville Engineering Division March, 2007 Page 01060-1 1.8 NPDES STORM WATER DISCHARGE PERMIT A. NPDES Permit — A NPDES Permit will not be required on this project. B. Permit Activities: A permit will not be required for the project; however. the Contractor shall manage the discharge of storm water from the project areas in accordance with Best Management Practices. C. Contractor shall be responsible for any enforcement action taken or imposed by federal or state agencies, including the cost of fines, construction delays, and remedial actions, resulting from Contractor's failure to adequately protect water quality. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01060 City of Fayetteville March, 2007 Engineering Division Page 01060-2 I ' Section 01300 SUBMITTALS ' Part 1 - GENERAL Ii.! SUMMARY A. This Section expands upon requirements regarding administrative and procedural requirements for ' submittals of progress schedules, shop drawings, product data, samples, manufacturer's instructions, and manufacturer's certificates. ' B. Related Work: 1. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates, and ' closeout submittals. 1.2 SUBMITTAL PROCEDURES ' A. Transmit each submittal with form accepted by Engineer. B. Sequentially number the transmittal forms. Re -submittals to have original number with an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialed certifying that review, verification of Products 1 required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. ' E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identity all changes made since previous submittal. I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.3 CONSTRUCTION PROGRESS SCHEDULES I I: I Submit initial progress schedule in duplicate within 15 days after date of Owner -Contractor Agreement for Engineer review. Update in accordance with Section 01310 and resubmit with each pay request. ' City of Fayetteville Engineering Division March, 2007 Page 01300-1 1l C. Submit a horizontal bar chart with separate line for each major section of Work or operation, I identifying first work day of each week. D. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. E. Indicate estimated percentage of completion for each item of Work at each submission. F. Indicate submittal dates required for shop drawings, product data, and samples. 1.4 SHOP DRAWINGS ' A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. C. Unless otherwise specified, make submittals in groups containing all associated items to assure that , information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. D. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re -submittals, and for placing orders and securing delivery. E. In scheduling, allow at least ten working days for review by the Engineer following the Engineer's receipt of the submittal. F. Submittal log: 1. Maintain an accurate submittal log for the duration of the Work, showingcunent status of all submittals at all times. 2. Make the submittal log available to the Engineer for the Engineer's review upon request. G. After review distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700- - Contract Closeout. 1.5 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.6 SAMPLES I I I I Li City of Fayetteville Engineering Division March, 2007 Page 01300-2 A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of coatings or finishes for Engineer's selection. C. Include identification on each sample, with full product information. D. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.7 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specifications Sections, submit manufacturersprinted instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.8 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections, submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference data affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01300 City of Fayetteville Engineering Division March, 2007 Page 01300-3 I I 1 Part 1 - GENERAL Section 01410 TESTING LABORATORY SERVICES 1.1 SUMMARY A. This Section describes testing and inspecting to be provided by Contractor, plus cooperation ' required from Contractor with Owner's selected testing agency and others responsible for testing and inspecting the Work. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these ' Specifications. 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but Owner decides that testing is required, Owner may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as described in this Section. ' C. Work not included: Selection of testing laboratory: Owner and Contractor will each select a pre -qualified independent ' testing laboratory for the testing services required by each. Neither Owner nor Contractor shall utilize a testing laboratory against which the other has a reasonable objection. 1.2 QUALITY ASSURANCE A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E 329. B. Testing, when required, will be in accordance with all pertinent codes and regulations, and with selected standards of the American Society for Testing and Materials and the American • Association of State Highway and Transportation Officials. 1.3 DELIVERY, STORAGE, AND HANDLING ' A. Promptly process and distribute required copies of test reports and related instructions to assure necessary re -testing and replacement of materials with the least possible delay in progress of the Work. I I I ' City of Fayetteville March, 2007 Engineering Division Page 01410-1 Part 2 - PRODUCTS ' 2.1 PROOF OF MATERIALS TESTING A. Materials to be incorporated into the work shall be tested, using suitable laboratory and source 1 quality control tests, as indicated in individual specification Sections, to prove their compliance with the Specifications. B. Proof of materials testing shall be paid for by Contractor. 2.2 PROOF OF CONSTRUCTION TESTING , A. Completed construction shall be tested, using suitable in -situ and laboratory tests, as indicated in individual specification sections or as recommended by Engineer or required by Owner, to prove compliance of completed work with Specifications. B. Initial proof of construction testing will be paid for by Owner. , C. When initial tests indicate non-compliance with the Contract Documents, the costs of all tests ' associated with that non-compliance will be borne by Contractor. 2.3 CODE COMPLIANCE TESTING A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by Contractor, unless otherwise provided in the Contract Documents. , 2.3 CONTRACTOR'S CONVENIENCE TESTING A. Inspecting and testing performed exclusively for Contractor's convenience shall be sole ' responsibility of Contractor. Part 3- EXECUTION 3.1 COOPERATION WITH TESTING LABORATORY A. Representatives of the testing laboratory shall have access to the Work at all times and at all locations where the Work is in progress. Provide facilities for such access to enable the laboratory to,perform its functions properly. 3.2 TAKING SPECIMENS A. Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by testing personnel. Sampling equipment and personnel will be provided by the testing laboratory. Deliveries of specimens and samples to the testing laboratory. I I City of Fayetteville March. 2007 Engineering Division Page 01410-2 II I 3.3 SCHEDULES FOR TESTING A. Establishing schedule: ' 1. By advance discussion with testing laboratory selected by Owner, determine the time required for laboratory to perform tests and to issue findings. 2. Provide all required time within the construction schedule. B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. C. Adherence to schedule: When the testing laboratory is ready to test according to the established ' schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back -charged to Contractor and shall not be borne by Owner. End of Section 01410 ICity of Fayetteville March, 2007 Engineering Division Page 01410-3 II I Section 01700 CONTRACT CLOSEOUT 1 Part 1 -GENERAL ' 1.1 SECTION INCLUDES A. Description of an orderly and efficient transfer of the completed Work to Owner. B. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting, project record documents, operation and maintenance data, and warranties described to permit direct reference from individual product specification Sections. C. Related work: Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is completed in accordance with the specified requirements and is ready for the requested inspection. ' 1.3 PROCEDURES A. Substantial Completion: 1. Prepare and submit the list required by the first sentence of Paragraph 14.04 of the General Conditions. ' 2. Within a reasonable time after receipt of the list, Engineer will inspect to determine status of completion. 3. Should Engineer determine that the Work is not substantially complete: a. Engineer promptly will so notify Contractor, in writing, giving reasons therefore. b. Remedy the deficiencies and notify Engineer when ready for reinspection. c. Engineer will reinspect the Work. 4. When Engineer concurs that the Work is substantially complete: a. Engineer will prepare a "Certificate of Substantial Completion", accompanied by Contractor's list of items to be completed or corrected, as verified by Engineer. b. Engineer will submit the Certificate to Owner and Contractor for their written 'acceptance of the responsibilities assigned to them in the Certificate. B. Final Completion: 1. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the General Conditions. ' 2. Verify that the Work is complete including, but not necessarily limited to, the items mentioned in Paragraph 14.07.A of the General Conditions. 3. Certify that: ' a. Contract Documents have been reviewed; b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are operational; and City of Fayetteville May 30, 2003 Engineering Division Page 01700-1 I e. Work is completed and ready for final inspection. ' 4. Engineer will make an inspection to verify status of completion. 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: I. Project Record Documents. 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock 6. Evidence of compliance with requirements of government agencies having jurisdiction including, but not necessarily limited to: a. Certificates of Inspection; b. Certificates of Occupancy; 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. ' C. Restore areas disturbed by the Work, as specified in Section 02261. 1.5 ADJUSTING A. Adjust'operating equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; protect from deterioration and from loss and damage until completion of the Work; record actual revisions to the Work. Do not use the record documents set for any purpose except entry of new data and for review by Engineer. 1. Contract Drawings. 2. Specifications. 1 City of Fayetteville May 30, 2003 Engineering Division Page 01700-2 I 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. IC. Record information concurrent with construction progress. Failure to promptly make notations on Record Documents will be considered in evaluating requests for progress payments. 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries. 3. Call attention to the entry by a "cloud" drawn around the area or areas affected. 4. In the event of overlapping changes, use different colors for the overlapping changes. D. Specifications: Legibly mark and record at each product section description of actual products installed, ' including the following. 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. I3. Changes made by Addenda and Modifications. E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: Ii. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. F. Submittal, Review, and Approval Ii. Submit the completed set of Project Record Documents to Engineer for review. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver the final Project Record Documents to Engineer. G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. ' 1.7 OPERATION AND MAINTENANCE DATA A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity expansion binders with durable plastic covers. B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", ' title of project, and subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description ' identified, type on 30 pound white paper. E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. City of Fayetteville May 30, 2003 Engineering Division Page 01700-3 I F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for cleaning methods, materials, and special precautions identifying detrimental agents. G. Part 3: Project documents and certificates, including the following: 1. Shop Drawings and product data. 2. Certificates. 3. Photocopies of warranties. H. Submit one copy of completed volumes in final form fifteen (15) days prior to final inspection. This copy will be returned after final inspection, with Engineer's comments. Revise content of documents as required prior to final submittal. I. Submit final volumes revised, within ten (10) days after final inspection. 1.8 WARRANTIES I A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. ' D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within ten (10) days after acceptance, listing date of acceptance as start of warranty period. 1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified in individual ' specification Sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. 1.10 INSTRUCTION A. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. L City of Fayetteville May 30, 2003 ' Engineering Division Page 017004 Part 2- PRODUCTS Not Used Part 3- EXECUTION Not Used End of Section 01700 City of Fayetteville May 30, 2003 Engineering Division Page 01700-5 I ' Section 02050 DEMOLITION 1 Part 1 - GENERAL 1.1 SECTION INCLUDES IA. At all locations where existing pavement is to be removed, neatly saw cut existing pavement full depth before removing. Edges are to be left neat, vertical, and in a straight line. B. Remove and dispose existing pavement to provide for base material, curb and gutter, select backfill material, or whatever may be applicable as indicated on the Drawings. IC. All items that are included in demolition (preparing the site for new construction), which may or may not be enumerated in this section, shall be considered incidental to other items as specified elsewhere. ' 1.2 SEQUENCING AND SCHEDULING A. Unless permission is given in writing to the Contractor by the Engineer, no more than three (3) traffic ' calming device installations will be under construction at any time. No more than 48 hours shall pass after demolition at a particular site before preparation for installation of the traffic calming improvements begins at that site. 1.3 EXECUTION IA. Saw cut and remove pavement where indicated on the Drawings. Take care to avoid damage to adjacent pavement. ' B. Existing pavement, base, and subgrade material shall be removed from the site. 1.4 CLEANING ' A. Clean demolished areas. Restore area per Section 02261, unless other construction is scheduled to take place in that area. End of Section 02050 ' I I I. Wilson Park and Washington/Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02050-1 Ii Ii Part 1 - GENERAL Section 02261 SITE RESTORATION 1.1 SCOPE A. This section includes restoration of areas disturbed by this project. "Disturbed by this project" is ' defined as the excavation area plus any area in project vicinity disturbed by Contractor's operations, including operations of Subcontractors and suppliers, and utility owner operations necessary to complete this project. B. Work areas shall be kept clean and neat as practicable. Lawns, gardens, and vehicle and pedestrian crossings shall have excess quantities of supplies, excavated material, man made debris, and organic matter removed from the area immediately following construction. C. All property improvements shall be restored in kind or as nearly as practicable as determined by Engineer. 1.2 RELATED WORK None. 1.3 QUALITY ASSURANCE Adequate equipment and qualified personnel shall be applied to this phase of the workfrom the very beginning of the project. Part 2- PRODUCTS 3.1 TOPSOIL A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the disturbed area. 3.2 FERTILIZER A. Fertilizer shall be 10-20-10 (nitrogen -phosphorous -potash) delivered to the site in labeled containers conforming to Arkansas fertilizer laws and bearing the name and warranty of the producer. 3.3 SEED A. Seed mixture per Class of Restoration Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30 percent Rye Grass (annual), and 30 percent Blue Grass. 2. Class 2 Restoration seed mixture shall be 40 percent Field Fescue, 40 percent Rye Grass (annual), and 20 percent White Clover (common). II I ' Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02261-1 3. Class 3 Restoration seed mixture shall be 40 percent Tall Fescue (Kentucky 31), 40 percent Rye Grass (annual), and 20 percent White Clover (common). B. Seed shall be labeled according to current requirements of the Arkansas State Plant Board. C. Seed shall be 95 percent pure and 85 percent germination by weight. 50 noxious weed seeds shall be the maximum amount allowed per pound. The following types of seed are not allowed in any amount: Johnson grass, wild onion, wild garlic, field bindweed, or nut grass. D. Fescue seed shall be certified endophyte free. 3.4 SOD A. Sod shall consist of a densely rooted growth of Bermuda grass, Zoysia, etc. and shall be substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform strips with a minimum of 2 inches of root depth approximately 12 inches in width and not less than 12 inches in length but not longer than can be conveniently handled and transported. B. Sod for replacement of disturbed sodded areas shall be approved by Engineer before cutting. 3.5 STRAW MULCH A. Straw mulch shall be good grade clean straw, free of weeds or seed, and of a quality approved by Engineer prior to use. 3.6 WATER A.. Water shall be of irrigation quality, free of impurities which are detrimental to plant growth. Part 3 - EXECUTION 3.1 RESTORATION WHERE GROUND SURFACE IS NOT GRAVELED OR PAVED FOR VEHICLE OR PEDESTRIAN USE. A. Class 1 Restoration - Areas of construction within lawns, gardens, or other well -kept areas, including ' street rights -of -way that are kept as lawns by adjacent landowners, 1. Replace topsoil to same depth as adjacent undisturbed areas. , 2. Trim and remove all damaged limbs on trees, trim limbs of shrubs or, if necessary, cut damaged shrub just below ground surface. 3. Hand rake disturbed area to remove all rocks 1 inch or larger measured in any direction, all man made debris, and all organic material. Debris and excess material shall be disposed of in a manner approved by the Engineer and applicable government regulations. 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.50 pounds of seed per 100 square feet. c. apply 4,000 pounds of mulch per acre. Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02261-2 I 5. Apply straw mulch using a non -asphalt tackifier. Apply tackifier to straw in sufficient quantity to bind mulch together. Top spraying of straw with asphalt is not acceptable. ' 6. As an alternate method of seeding, seed may be applied by hydro mulching. The seed shall be mixed with water and wood cellulose fiber. The wood cellulose fiber shall be composed of ' natural wood chips and shall contain no growth or germination inhibiting factors and shall contain a water soluble, nontoxic coloring agent. ' Other alternate methods will be considered by Engineer but shall not be utilized until expressly authorized by Owner and Engineer. ' 7. Where ground cover adjacent to disturbed areas contains grasses such as Bermuda grass, Zoysia, or other grasses not included in the prescribed seed mixture, Contractor shall remove and stockpile the existing sod on the job site. After work is complete, the sod shall be replaced to a condition equal to, or better than, that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type. I B. Class 2 Restoration - Areas of construction within fields, meadows, and street rights -of -way which are mowed or cultivated (gardens excepted). I. Tree and shrub treatment shall be as specified in Section 3.1.A.2. 2. After construction is complete, machine rake to remove rock, man made debris, and organic ' material to a condition equal to existing surface on the better side of the adjacent property. 3. Remove all excess excavated material from the site, including excess material which has ' accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired. ' 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.15 pounds of seed per 100 square feet. 1 c. apply 4,000 pounds of mulch per acre. 5. Mulching and seeding methods shall be as specified in Section 3.1.A. 6. Where existing field grass adjacent to disturbed areas contains grasses such as Bermuda, etc. grasses not included in the prescribed seed mixture, Contractor shall place such topsoil as required and seed with the existing type grass so that an equivalent ground cover will be provided. C. Class 3 Restoration - Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. 1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. 2. Site raking shall be as specified in Section 3.1.B.2. 3. Seeding shall be as specified in Section 3.1.B.3. 1 Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02261-3 I { 4. Mulching and seeding methods shall be as specified in Section 3.1.A. ' 3.2 RESTORATION OF SLOPES A. Terrace slopes where, in the opinion of Engineer, erosion problems may arise after construction. ' 3.3 RESTORATION BY SODDING A. Area to be sodded I. ' Place 3 inches of topsoil before installing sod. I 2. Apply 250 pounds of fertilizer per acre and work into top 1 inch of topsoil. 3. Make surface of top soil moist and firm (not compacted) at the time sod is placed. B. Sod I. Moisten sod before placing. 2. Lay by hand along contour lines beginning at lowest elevation. 3. Stagger transverse joints. 4. Make tight joints between sod pieces. 5. Cut sod into existing surface and backfill with topsoil to provide a smooth transition from sodded areas to non -sodded areas. 6. Apply thin layer of topsoil over sod and overseed with 45 pounds of annual rye grass per acre. ' C. Maintenance of Sod 1. Water overseeded areas as directed by Engineer. 2. Apply water to sod for 3 weeks as directed by Engineer. ' 3.4 RESTORATION WHERE GROUND SURFACE IS HARD SURFACED FOR VEHICLE OR PEDESTRIAN USE. ' A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint. B. Asphalt Surfaces I Asphaltic Pavement Repair. After the trench has been backfilled and compacted, as specified elsewhere in these Specifications or backfilled with flowable fill, permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench edge, or as directed by the Engineer, and brought to grade a minimum of 11 inches below the surface of the existing pavement. This area shall then be resurfaced by applying 9 inches of concrete with 6"x 6"/6-6 W.W.M. and then applying asphaltic tack coat at the rate of 0.03-0.10 gallons/square yard, followed by a minimum of 2 inches of hot -mixed, I I J Wilson Park and WashingtoniWillow Areas Traffic Calming City of Fayetteville March. 2007 Engineering Division Page 02261-4 I I I I I hot -laid asphaltic concrete laid to an elevation matching the existing finished grade. The hot - mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. 2. One nuclear density test per asphaltic patch or repair shall be performed. 3. Any unacceptable patch or repair shall be recompacted and retested without additional expense to Owner. C. Concrete Concrete is specified in Section 03316. 2. Flowable fill is specified in Section 03316. D. Stone Base 1. Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent modified proctor density. E. Traffic Maintenance Carry on the work in a manner which will cause the least interruption to traffic. If allowed by Owner, close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, provide suitable bridges at street intersections and driveways. 2. When allowed to temporarily close street from Owner, post suitable signs indicating that a street is temporarily closed and necessary detour signs for a proper maintenance of traffic. Receive permission from the proper authority to temporarily close the street and notify all emergency agencies of the temporary closing. I 3. Provide adequate personnel to direct traffic when working in the street right-of-way. 4. Traffic control devices and methods shall be in strict accordance with the latest issue of the ' Manual of Uniform Traffic Control Devices. 5. Provide three days written notice to the Transportation Division, the Fire Department, and the ' Police Department prior to closing or partially closing any street. Closing of State Highway requires approval of the City and the Highway Department. I L End of Section 02261 Wilson Park and Washington/Willow Areas Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 02261-5 Section 02581 THERMOPLASTIC PAVEMENT MARKINGS Part 1 - GENERAL 1.1 SECTION INCLUDES A. Furnishing and placing thermoplastic pavement markings including lines, words, arrows, and emblems, of the color and type specified, in accordance with the Specifications and at the locations indicated on the Drawings. 1.2 RELATED SECTIONS A. Signage is specified in Section 02840. 1.3 REFERENCES A. Arkansas Highway and Transportation Department (AHTD) 1. Test Method 702 2. Test Method 703 B. Federal Highway Administration (FHWA) 1. Manual on Uniform Traffic Control Devices (MUTCD). C. American Association of State Highway and Transportation Officials (AASHTO) 1. M 247, Type I Gradation. D. American Society for Testing and Materials (ASTM) I. E28. 1.4 SUBMITTALS A. Submit product information of thermoplastic materials and glass beads to be used. 1.5 QUALITY ASSURANCE A. Pavement markings shall be accomplished by workers who are experienced in installing thermoplastic pavement markings conforming to the MUTCD. 1.6 DELIVERY, STORAGE, AND HANDLING A. Thermoplastic materials shall be stored according to manufacturer's recommendation. Wilson Park and Washington Willow Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02581-1 Part 2- PRODUCTS MATERIALS The material used shall be a product especially compounded for traffic markings. Each container shall be clearly and adequately marked to indicate the color, weight, batch or lot number, and type of material. White thermoplastic material, after drying, shall be pure white and free from dirt or tint, and shall comply with the Federal Highway Administration=s standard white. The white color is to have a minimum reading of 75% relative to magnesium oxide when tested according to AHTD Test Method 703. When called for on the plans, other colored thermoplastic material shall comply in color with the Federal Highway Administration=s standard for that color. The material shall not change appreciably in its color and brightness characteristics after prolonged exposure to sunlight. The material, when placed as a stripe, shall not be slippery when wet and it shall not lift from the pavement in freezing weather. In the plastic state, the material shall not give off fumes that are toxic or otherwise injurious to persons or property. The material shall not break down or deteriorate if held at the plastic temperature for a period of 4 hours nor by reason of 4 re-heatings to the plastic temperature. The material shall not deteriorate by contact with sodium chloride, calcium chloride, or other chemical formations on the roadway or streets, or because of the oil contact on pavement material, or from oil droppings from traffic. The temperature -viscosity characteristics of the thermoplastic material shall remain consistent through 4 re-heatings and shall be the same from batch to batch. There shall be no obvious change in the color of the material as a result of up to 4 re-heatings or from batch to batch. The pigmented binder shall be well dispersed and free from all skins, foreign objects, or other ingredients that will cause bleeding, staining, or discoloration. The pigment shall be evenly dispersed throughout the material. After application and proper drying time, material shall show no appreciable deformation nor discoloration under local traffic conditions and in air or road temperatures ranging from -18E C (OE F) to 71E C (160E F). The material shall not smear or spread under normal traffic conditions at temperatures below 71E C (160E F). The material shall not soften at 82E C (180E F) when tested by ASTM E 28. Under this specification, the term Adrying time@ shall be defined as the minimum elapsed time after application when the stripe shall have and retain the characteristics required in the preceding paragraphs. In addition, the drying time shall be established by the minimum elapsed time after application when traffic will leave no impression or imprint on the applied marking. The drying time shall not exceed a characteristic straight-line curve, the limits of which are 2 minutes at 1 OE C (50E F) and 15 -minutes at 32E C (90E F), measured at a maximum relative humidity of 70%. The stripe shall maintain its original dimension and placement. The exposed surface shall be free of tack. Cold ductility of the material shall be such as to permit normal movement with the road surface without chipping or cracking. Wilson Park and Washington Willow Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02581-2 Li I L I K. The marking shall have a uniform cross section. The density and character of the material shall be uniform throughout its thickness and shall be completely reflectorized both internally and externally. L. During manufacture, reflectorized beads shall be mixed into the material to the extent of not less than 40% nor more than 50% by weight of the material. The glass beads used in the intermix formulation and for the drop -on application shall meet AASHTO M 247 with a Type I gradation. The beads for intermix shall be uncoated. The drop -on beads shall be suitably treated to resist moisture and retain free flow properties. ' M. Moisture resistance will be tested by AHTD Test Method 702. Beads shall not be specially treated to enhance flotation. The beads shall be automatically applied at a minimum uniform rate of 39 kg (8 pounds) of glass beads to every 100 sq m (1.00 square feet) of surface. 2.2 SOURCE QUALITY CONTROL IA. Manufacturer shall maintain a regular quality control program that ensures that the specified requirements for the thermoplastic materials are met. The written quality control program, as well as documentation concerning its continuing implementation, should be available to the for review by Engineer and Owner. Part 3- EXECUTION 3.1 EXAMINATION A. Examine pavement to be marked. Verify that the paving work is complete, requiring only cleaning and preparation before application of the thermoplastic compound. 3.2 PREPARATION A. On pavements where no pavement markings exist or where the existing pavement markings are paint or ' thermoplastic and do not conflict with the proposed pavement markings, blasting with water or sand or a combination thereof will be required to remove any curing compound, oxidized paint or thermoplastic, or dirt to ensure a good bond. B. Conflicting pavement markings that exist shall be removed by blasting with water and/or sand or by grinding. ' 3.3 APPLICATION A. Apply thermoplastic compound in the locations and of the type (lines, words, arrows, and emblems) and color indicated on the Drawings and as per the Manual On Uniform Traffic Control Devices (MUTCD). B. The thermoplastic compound shall be screed or ribbon extruded to the pavement surface unless a specific application method is specified. I I C. The equipment used to apply the thermoplastic compound onto the pavement shall be suitably equipped for heating and controlling the flow of the material. The equipment shall be constructed to provide continuous mixing and agitation of the material. The conveying parts of the equipment, between the main material reservoir and applicator, shall be so constructed as to prevent accumulation and clogging. The equipment shall be constructed so that all mixing and conveying parts, up to and including the I Wilson Park and Washington Willow Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 02581-3 I applicator, maintain the material at the plastic temperature. The thermoplastic material shall be dispensed at a temperature recommended by the manufacturer. The applicator shall include a cutoff device remotely controlled to provide clean, square stripe ends and to provide a method for applying skip lines. D. The thermoplastic reservoir shall be insulated and equipped with an automatic thermostatic control to maintain the proper temperature of the material. E. The thermoplastic machine shall comply with the requirements of the National Board of Fire Underwriters. ' F. Beads applied to the surface of the completed stripe shall be applied by an automatic bead dispenser attached to the pavement marking equipment in such a manner that the beads are immediately dispensed upon the completed line. The bead dispenser shall be equipped with an automatic cutoff control, synchronized with the cutoff of the pavement marking equipment. G. Thermoplastic markings shall not be applied to the pavement surface when the pavement surface temperature is less than l0E C (50E F) or when the pavement surface shows evidence of moisture. H. The thickness of all thermoplastic markings above the roadway surface shall be 2.3 mm (90 mils) ( a ' minimum of 446 kg/km 11584 pounds per mile] of 100 mm 14"] line). The thickness of the plastic will be measured by a device supplied by the Contractor during the course of the project capable of measuring the thickness of the plastic as installed on the pavement. The minimum thickness, as required above, will be measured in the center of the line when gauged by the equipment described above. The minimum thickness 12 mm (2 A) from the edges shall not be less than 75% of the thickness required in the center. Maximum thickness of markings is 5 mm (3/16"). ' 1. On concrete pavements, paint pavement markings shall be applied as a primer for the thermoplastic markings, except where thermoplastic marking s are to be applied over existing thermoplastic markings. A primer other than paint may be used when recommended by the thermoplastic manufacturer. J. A primer is not required for asphalt pavements, but paint pavement markings complying with Section 02580 may be used as a primer at no cost to the City. K. Spotting of the center line and lane line locations, if required, shall be the responsibility of the Contractor. Edge tines shall not be broken for driveways. The trace of the thermoplastic line shall be uniform. L. The finished lines shall have well defined edges, shall be uniform in thickness, and shall be straight and true. No stripe shall be less than the specified width. Any corrections of variations in width or alignment of the stripes shall not be made abruptly. M. Line removal as specified on the plans shall be performed in such a manner that no conflicting pavement marking will be left in place. Removal of the pavement marking by a means that will gouge the surface will not be permitted. End of Section 02581 I I I I Wilson Park and Washington Willow Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 02581-4 U I I I I Section 02840 SIGNAGE Part 1 - GENERAL 1.1 SECTION INCLUDES A. Furnishing and installing signs of all types required, complete with bases, posts, and fastening hardware. 1.2 RELATED SECTIONS A. Provisions for measurement and payment are specified in Section 01025. B. Concrete is specified in Section 03316. 1.3 REFERENCES A. Manual of Uniform Traffic Control Devices (MUTCD). B. American Society for Testing and Materials (ASTM). 1. B 209, "Specification for Aluminum and Aluminum -Alloy Sheet and Plate". ' 2. B 221, "Specification for Aluminum and Aluminum -Alloy Extruded bars, Rods, Wire, Shapes, and Tubes". IC. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway Construction", 1993 Edition, referencing the following specific sections. 1. Section 723, "General Requirements for Signs". '• 2. Section 725, "Guide Sign". 3. Section 726,"Standard Sign". 4. Section 729, "Channel Post Sign Support". 1.4 SUBMITTALS A. Submit shop drawings showing arrangements and spacing of letters, symbols, and borders for each type of sigh; support to be used with each different type of sign; and proposed method of attaching sings to supports. ' B. Certified test reports covering sign panels, reflective sheeting, and prismatic reflectors will be required only if Engineer believes signs delivered to the site or installed do not conform to the specified requirements. 1 I Wilson Park and Washington Willow Area Traffic Calming City of Fayetteville May 30, 2003 Engineering Division Page 02840-1 Signage materials shall be manufactured by a manufacturer regularly engaged in producing signage materials complying with the specified standards. Installation of signs shall be accomplished with workers experienced in construction of the type of signage specified. meet the requirements of the MUTCD, Standard Highway Signs. Colors for signs shall match colors specified in the MUTCD. Color borders, and background on signs shall be as specified in the MUTCD. Signs shall be made of aluminum and shall be reflectorized. Standard signs shall be fabricated without stiffeners on the back, of aluminum alloy conforming to ASTM B 209, Alloy 5052 H38, and shall consist of a single sheet of aluminum. Sign blank thickness shall be 0.100 inch for signs 5 square feet or less; and 0.125 inch for a sign size greater than 5 square feet. Sign blanks shall be flat and straight and within commercial tolerances established by the Fabricate signs from either one piece extruded aluminum panels or extruded and welded panels. One piece extruded aluminum panels shall be fabricated of aluminum alloy conforming to ASTM B 221, Alloy 6063 T6. Extruded and welded aluminum panels shall be fabricated of sections of extruded aluminum alloy stiffeners conforming to ASTM B 221, Alloy 6063 T6 welded to flat sheet aluminum alloy conforming toASTM B 209, Alloy 3003 H18. Welds shall be spot welds approximately 9 inches apart. One piece extruded aluminum panels shall be a minimum of 12 inches wide, except one 6 inch panel may be used per sign face when necessary to construct sign as indicated on the Drawings. Extruded and welded sign panel sections shall be either 2 feet of 3 feet in width. Exceptions to this are defined in AHTD Section 723.02. Panels to which reflective sheeting is to be applied shall be degreased, etched, and alodized. Degreasing shall be done by either vapor method or alkaline method. Vapor degreasing shall be accomplished by total immersion of sign panels in a saturated vapor of trichloroethylene or perchloroethylene. Alkaline degreasing shall be accomplished by immersion of the sign panels in a tank containing alkaline solutions, controlled and titrated to the solution manufacturer's recommendations. Immersion time shall depend upon amount of soil present and the gage of the metal. Trade mark printing shall be removed with lacquer thinner or by a controlled alkaline cleaning system. by the acid method, in accordance with the requirements of Sign panels shall be treated by alodizing process to uniformly provide a chemically formed light and tight amorphous coating that becomes an integral part of the aluminum alloy. This process shall be Wilson Park and Washington Willow Area Traffic Calming City of. Fayetteville Engineering Division accomplished in accordance with the recommendation of the manufacturer of the coating. K. Fabrication, including eutting and punching of holes shall be completed prior to degreasing, etching, alodizing, and the application of reflective sheeting. L. Panels shall be free of buckles, warp, dents, cockles, burrs, and defects resulting from fabrication. Surface of panels shall be flat. M. Reflective sheeting shall conform to AHTD Section 723.02. N. Legend, which includes letters, numerals, symbols, arrows, and border, shall conform to AHTD Section 723.02. O. Post sign supports shall be made of a U -section channel or galvanized steel pipe and support as indicated on the Drawings. Part 3 - EXECUTION 3.1 EXAMINATION A. Examine sign materials upon receipt at the site. Remove damaged sign materials. 3.2 ERECTION A. Erect signs at the locations indicated on the Drawings. B. Erect signs plumb and to the indicated vertical and horizontal dimensions and clearances. C. Minimum horizontal clearance to any ground mounted sign shall be as specified in the MUTCD. D. Erect signs so that sign face is vertical and at 93 degrees away from center of the lane which the sign serves and away from the direction of travel. Where lanes divide and on curves, orient sign faces so as to be most effective both day and night, and to avoid possibility of specular reflection. E. Field drill holes in sign support structure only when specified in the Drawings or as directed by Engineer. 3.3 ADJUSTING A. After signs have been installed, Engineer will inspect signs at night. If specular reflection is apparent on any sign, adjust sign position to eliminate this condition. 3.4 CLEANING I I A. Clean installed signs of any construction dirt or dust. ' End of Section 02840 Wilson Park and Washington Willow Area Traffic Calming City of Fayetteville May 30, 2003 Engineering Division Page 02840-3 II II I II I I I I I I I [_l I I I I Section 02900 LANDSCAPING PART 1- GENERAL 1.1 SECTION INCLUDES A. Furnish and install all materials and perform all landscaping work in accordance with the Specifications, Drawings, and any instructions provided. All work completed and materials furnished and installed shall be of the best quality and shall be in strict accordance with the intention of the Drawings, Specifications and samples. B. In addition to other standard provisions, also provide the following. Maintenance necessary during Establishment Period. 2. Replacement in kind, or with a substitute acceptable to Engineer, of all plant materials not in a healthy growing condition or that has died back to the crown or beyond normal pruning limits. 3. Repair or replace any damage caused by construction; dispose of all rubbish and excess soil. 1.2 RELATED SECTIONS A. Section 02261 -Site Restoration 1.3 REFERENCES A. American Association of Nurserymen, Inc.: American Standard for Nursery Stock 1.4 SUBMITTALS A. If requested, provide samples of landscaping materials to Engineer for approval. B. Submit certification tags from trees, shrubs and seed verifying type and purity. 1.5 QUALITY ASSURANCE A. Plants shall be measured when branches are in their normal position. B. Shrubs shall meet the requirements for spread, height or container size indicated in the Plant List on the Drawings. The measurements are to be taken from the ground level to the average height of the shrub and not to the longest branch. Height and spread dimensions specified refer to the main body of the trees (measured from the crown of the roots to the tip of the top branch) shall be not less than 24 inches or as required by city ordinance. C. Caliper measurements shall be taken at a point on the trunk 6 inches above natural ground line for trees up to 4 inches in caliper, and at a point 12 inches above the natural ground line for trees exceeding 4 inches in caliper. D. If a range of size is given, no plant shall be less than the minimum size, and not less than 50 percent of the plants shall be as large as the upper half of the range specified. E. Measurements specified are the minimum size acceptable and, where pruning is required, are the measurements after pruning. 1.6 DELIVERY, STORAGE, AND HANDLING A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any plant materials. Furnish a legible copy of the invoice, showing kinds and sizes of materials included for each shipment, to Engineer. I Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 02900-I U B. Plants transported to the project in open vehicles shall be covered with tarpaulins or other suitable 1 covers securely fastened to the body of the vehicle to prevent injury to the plants. Closed vehicles shall be adequately ventilated to prevent overheating of the plants. 1.7 GUARANTEE ' A. The condition of all new plant materials is the responsibility of Contractor and shall be approved by Engineer. B. Until final approval, replace plant materials if necessary at no additional expense of Owner. 1.8 MAINTENANCE OPERATIONS BEFORE APPROVAL A. Plant care shall begin immediately after each plant is satisfactorily installed and shall continue throughout the life of the contract until final acceptance of the project. B. Care shall include, but not be limited to, replacing mulch that has been displaced by erosion or other ' means, repairing and reshaping water rings or saucers, maintaining stakes and guys as originally installed; watering when needed or directed, and performing any other work required to keep the ' plants in:a healthy condition. C. Remove and replace dead, defective and/or rejected plants as required before final acceptance. D. Restore grassed areas damaged during the process of the work to a condition satisfactory to Engineer. This may include filling to grade, fertilizing, seeding and mulching. PART 2- MATERIALS 2.1 PLANTS A. The types and sizes of plants to be furnished are indicated in the Planting List on the Drawings. B. Plant shall conform with requirements of the American Standard for Nursery Stock adopted by the American Association of Nurserymen, Inc., and with the following additional requirements. C. Unless specifically noted otherwise, plants shall be of selected specimen quality, exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. Plants shall have a normal habit or sound, healthy, vigorous plants with well developed root system. D. Plants shall .be free of disease, insect pests, eggs or larvae. E. Plants shall not be pruned before delivery. . F. Trees with abrasion of the bark, sun scalds, disfiguring knots or fresh cuts of limbs over 1-1/4 inches which have not completely calloused shall be rejected. G. Plants shall be typical of their species or variety and shall have a normal habit of growth and be legibly tagged with the proper name. Plants shall have been grown under climatic conditions similar to those in the locality of the site of the project under construction or have been acclimated to such condition for at least 2 years. 1 I Li Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 02900-2 I H. The root system of each shall be well provided with fibrous roots. All parts shall be sound, healthy, vigorous, well -branched and densely foliated when in leaf. I. Plants designated ball and burlap (B&B) must be moved with the root systems as solid units with balls of earth firmly wrapped with burlap. The diameter and depth of the balls of earth must be sufficient to encompass the fibrous root feeding systems necessary for the healthy development of the plant. No plant shall be accepted when the ball of earth surrounding its roots has been badly cracked or broken preparatory to or during the process of planting. The balls shall remain intact during all operations. Plants that cannot be planted at once must be heeled -in by setting in the ground and covering the balls with soil or mulch and then watering. Hemp burlap and twine is preferable to treated. If treated burlap is used, all twine is to be cut from around trunk and all burlap is to be removed. J. The trunk of each tree shall be a single trunk growing from a single unmutilated crown of roots. No part of the trunk shall be conspicuously crooked as compared with normal trees of the same variety. K. Thickness of each shrub shall correspond to the trade classification "No.I ". Single stemmed of thin ' plants will not be accepted. The side branches must be generous, well -twigged, and the plant as a whole well -branched to the ground. The plants must be in moist condition, free from dead wood, bruises or other root or branch injuries. ' 2.2 LOAM OR TOPSOIL A. Place topsoil in areas indicated on the drawings or as specified herein. B. Exterior ground within the limits of construction, except surfaces occupied by buildings and structures, paving, and except areas indicated to be undisturbed, shall be topsoiled. IC. Place no topsoil until subgrade has been approved. Before placing topsoil, rake subsoil surface clear of stones, debris, and roots. Compact topsoil to form a layer with minimum depth of 4 inches in lawn areas and 12 inches in shrub beds. Topsoil shall be placed so that after final settlement there will be ' good drainage and conforming to elevations indicated on the Drawings. Maintain surfaces and place any additional topsoil necessary to replace that eroded before acceptance. D. Disk, drag, harrow or hand rake subgrade to a depth of 3 inches to provide bond for topsoil. Topsoil ' which must be transported across finished walks shall be delivered in such a manner that no damage will be done to the walks. Repair of such damage shall be at the Contractor's expense. E. Topsoil: natural, friable, fertile, fine loamy soil possessing the characteristics of representative ' topsoils in the vicinity which produces a heavy growth; free from subsoil, objectionable weeds, litter, sods, stiff clay, stones larger than 1 inch in diameter, stumps, roots, trash, toxic substances, or any other material which may be harmful to plant growth or hinder planting operations. Verify amount stockpiled and supply any additional as needed. 2.3 FERTILIZER IA. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's guaranteed statement of analysis or a manufacturer's certificate of compliance covering analysis shall ' be furnished to Engineer. Store fertilizer in a weatherproof place and in such a manner that it shall be kept dry and its effectiveness shall not be impaired. B. Percentages of nitrogen, phosphorus and potash shall be based on laboratory test recommendations as approved by Engineer. For the purpose of bidding, assume 10 percent nitrogen, 6 percent phosphorus and 4 percent potash by weight. At least 50 percent of the total nitrogen shall contain no less than 3 percent water -insoluble nitrogen. At least 60 percent of the nitrogen content shall be derived from super -phosphate containing not less than 18 percent phosphoric acid or bone meal containing 25 to 30 ' Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02900-3 I percent phosphoric acid and 2 to 3 percent nitrogen. Potash shall be derived from muriate of potash I containing 55 to 60 percent potash. 2.4 SHREDDED HARDWOOD BARK MULCH A. Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in plant beds and around trees planted in this project. Single trees or shrubs shall be mulched to the outside edge of the saucer. Mulch shall be of sufficient character as not to be easily displaced by wind or water runoff. 2.5 STAKING MATERIAL A. Stakes shall be 2" x 3" x 8' pressure treated wood. Three stakes per tree. ' B. Wire tree staking shall be pliable No. 12 galvanized soft steel wire. C. Hose shall be two-ply fiber -bearing rubber garden hose, not less than 2 inch inside diameter, black or , green, and of suitable length. 2.6 WATER A. Water shall be free of any substances that might be harmful to plants. It is not necessary to use potable water; however, if non -potable water is used, take precautions to avoid human consumption. 2.7 LAWN SEED ' A. Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's guaranteed statement of the composition of the mixture and the percentage of purity and germination of each variety. Seed mixture shall be as indicated on the Drawings. 2.8 WEED MAT A. Weed mat shall be "Dewitt Weed Barrier" or equal. Weed mat shall be placed under all planting 1 areas not to be seeded, or as indicated on the Drawings. The mat shall be covered with mulch and secured in place by soil anchors. 2.9 EROSION CONTROL BLANKET/FABRIC NETTING A. Furnish and install where indicated on drawings "Curlex" blankets: by American Excelsior Company; "Polyjute" Style 465 GT: by Synthetic Industries or equal. ' B. The area to be covered shall be properly prepared, fertilized, and seeded before blanket is applied. When blanket is unrolled, the netting shall be on top and the fibers in contact with the soil over the entire area. In ditches the blanket shall be applied in the direction of the flow of water, butted snugly at ends and side and stapled. On slopes, the blankets shall be applied either horizontally or vertically to the slope. Ends and sides shall be butted snugly and stapled. Staple to manufacturer's recommendations. ' 2.10 MISCELLANEOUS LANDSCAPING PRODUCTS A. Provide other landscaping products referred to on the Drawings. Such products shall be new and of good quality for the purpose intended. PART 3 -PLANTING PROCEDURES 3.1 WEATHER CONDITIONS A. Work must be carried out only during weather conditions favorable to landscape construction and to the health and welfare of plants. Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02900-4 I 3.2 PROTECTION OF EXISTING PLANTS A. Before commencing work, trees and shrubs which are to be saved must be protected from damage by ' the placement of fencing flagged for visibility or some other suitable protective procedure approved by Engineer. No work may begin until this requirement is fulfilled. B. In order to avoid damage to roots, bark or lower branches, no truck or other equipment shall be driven or parked within the drip line of any tree, unless the tree overspreads a paved way. C. Use precautionary measures when performing work around trees, walks, pavements, utilities. ID. Adjust depth of earthwork and loaming when working immediately adjacent to any of the aforementioned features in order to prevent disturbing tree roots, undermining walks and pavements, and damage in general to any existing or newly incorporated item. ' E. Evidence of inadequate protection following digging, carelessness while in transit, or improper handling or storage shall be cause for rejection. All plants shall be kept moist, fresh, and protected. Such protection shall encompass the entire period during which the plants are in transit, being ' handled, or are in temporary storage. F. Where excavating, fill, or grading is required within the branch spread of trees that are to remain, the ' work shall be performed as follows. 1. Trenching: When trenching occurs around trees to remain, the tree roots shall not be cut but the trench shall be tunneled under or around the roots by careful hand digging and without injury to the roots. 2. Raising Grades: When the existing grade at tree is below the new finished grade, and fill not exceeding 16 inches is required, clean, washed gravel graded from 1 to 2 inches in size shall be ' placed directly around the tree trunk. The gravel shall extend out from trunk on all sides a minimum of 18 inches and finish approximately 2 inches above the finished grade at tree. Install gravel before any earth fill is placed. New earth fill shall not be left in contact with the trunks of any trees requiring fill. Where fill exceeding 16 inches is required, a dry laid tree well shall be constructed around the trunk of the tree. The tree well shall extend out from the trunk on all sides a minimum of 3 feet and to 3 inches above finish grade. Coarse grade rock shall be placed directly around the tree well extending out to the drip line of the tree. Clean, washed gravel graded from 1 to 2 inches in size shall be placed directly over the coarse rock to a depth of 3 inches. Approved backfill material shall be placed directly over the washed gravel to desired finished grade. 3. Lowering Grades: Existing trees in areas where the new finished grade is to be lowered shall have regrading work done by hand to elevation as indicated. Roots as required shall be cut cleanly 3 inches below finished grade and scars covered with tree paint. 4. Trees marked for preservation that are located more than 6 inches above proposed grades shall stand on broad rounded mounds and be graded smoothly into the lower level. Trees located ' more than 16 inches above proposed grades shall have a dry laid stone wall, or other retaining structure as detailed on the plans, constructed a minimum of 5 feet from the trunk. Exposed or broken roots shall be cut clean and covered with topsoil. 3.3 PLANTING COORDINATION A. Inform Engineer of the date when the planting shall commence and of the anticipated delivery date of '• the material. B. Failure to notify Engineer in advance of order to arrange proper scheduling may result in loss of time or rejection of a plant or plants not installed as specified or directed. I. ' Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02900-5 [i 3.4 DIGGING AND HANDLING A, Bare rooted shrubs shall be dug with adequate fibrous roots. Roots of these plants shall be covered with a uniformly thick coating of mud by being puddled immediately after they are dug, or packed in moist straw, or moss. B. Balled and burlapped plants shall be dug with firm natural balls of earth of sufficient diameter and depth to include most of the fibrous roots. C. Roots or balls of all plants shall be adequately protected at all times from the sun and from drying winds. D. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss or other acceptable material. Bare rooted plants which cannot be planted immediately shall be heeled -in upon delivery. All shall be kept moist. E. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be taken to prevent air pockets among the roots. During planting operations, bare roots shall be covered with canvas, hay or other suitable material. No plant shall be bound with wire or rope at any time so as to damage the bark or break the branches. 3.5 FERTILIZING A. Grass or sodded areas shall have fertilizer applied in two applications with a thorough watering immediately following application. The first application shall be one week before the seeding at the rate of 35 pounds per 1,000 square feet harrowed into the top 2 inches of seed bed. The second application shall be done at the rate of 25 pounds per 1,000 square feet, immediately following the second mowing. 3.6 TREES AND SHRUB PLANTING OPERATIONS A. Planting operations shall be performed at a steady rate of work unless weather conditions make it impossible to work. No plant material shall be planted in frozen ground. B. Provide sufficient tools and equipment required to carry out the planting operation. C. Plants too large for two men to lift in and out of holes shall be placed with a sling. Do not rock trees in holes to raise. D. Soil mix for plant holes is specified in Paragraph 2.2. E. If rock or other underground obstruction is encountered, Engineer may require plant pits to be relocated, the pits enlarged or the plants deleted from the Work. F. Locations containing unsuitable subsoil shall be treated in one of the following manners. 1. Where unsuitability within the construction site is deemed by Engineer to be due to excessive compaction caused by heavy equipment or by the presence of boards, mortar, concrete or other construction materials in sub -grade, and where the natural subsoil is other than AASHTO classification of A6 or 7, loosen such areas with spikes, dicing, or other means to loosen the soil to a condition suitable for planting. Remove all debris and objectionable material. Soil should be loosened to a minimal depth of 12 inches with additional loosening as required to obtain adequate drainage. Introduce peat moss, sand, or organic matter into the subsoil to obtain adequate drainage if desired. Such remedial measures shall be considered as incidental to the work and no extra payment shall be made for this part of the work. 2. Where sub -grade is deemed by Engineer to be unsuitable because the natural subsoil falls into an AASHTO classification of A6 or 7 and contains moisture in excess of 30 percent, then such a condition shall be rendered suitable by installation of a sub -drainage system or by other means I I I I I I I I I I El I I I I I I Wilson.Park and Washington Willow Areas Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 02900-6 I I ' described elsewhere in these specifications. Where such conditions have not been known or revealed prior to planting time and where they have not been recognized in the preparation of Contract Document, then Engineer shall issue a change order to install the proper remedial ' measures. G. Adjustments in locations and outlines shall be made as directed. In the event that pits or areas for ' planting are prepared and backfilled with topsoil to grade prior to commencement of lawn operations, they shall be so marked that when the work of planting proceeds, they can be readily located. In case underground obstructions such as ledges or utilities are encountered, location shall be changed under ' the direction of Engineer without charge. H. Holes for trees shall be at least 2 feet greater in diameter than the spread of the root system and as deep as the root ball. Holes for shrubs and vines shall be at least 12 inches greater in diameter than the spread of the root system and at least as deep as the root ball. I. To the topsoil in the backfilling of tree holes and shrub beds, there shall be added as the progress of the work permits, manure as herein specified, ground limestone if soil tests indicate it is needed, and ' commercial fertilizer at the rate of 3 pounds for tree up to 3 inches in caliper, 1 pound per 1 inch in caliper for larger trees, 6 ounces for small shrubs and 8 ounces for each shrub 4 feet or greater. Ground limestone and manure shall be omitted in the case of acid soil plants. The manure, limestone ' and fertilizer shall be thoroughly mixed with the topsoil in the planting operation, care being taken that the manure does not come in immediate contact with the roots. J. Plants shall be planted in the center of the holes and at the same depth as they previously grew. Loam shall be backfilled in layers of not more than 8 inches and each layer watered sufficiently to settle before the next layer is put in place. Loam shall be tamped under edges of balled plants. Enough topsoil shall be used to bring the surfaces to finish grade when settled. ' 1. A saucer shall be provided around each plant as shown on the Drawings. 2. Plants shall be soaked with water twice within the first 24 hours of time of planting. Water shall be applied with low pressure so as to soak in thoroughly without dislodging the topsoil. 3. Approved weed mat shall be placed under all areas to be covered with mulch. Secure weed mat in place with a soil anchor, then cover with mulch. 4. A 3 inch layer (after settlement) of mulch or approved equal shall be applied directly on top of weed mat to the entire area of each saucer or planting bed. 3.7 PLANT BED EXCAVATIONS A. Excavate tree pits and plant beds to the depth indicated on the Drawings. 3.8 MAINTENANCE DURING CONSTRUCTION A. Maintenance shall begin immediately after planting. Plants shall be watered, mulched, weeded, pruned, sprayed, fertilized, cultivated, and otherwise maintained and protected until provisional acceptance. Settled plants shall be reset to proper grade and position, planting saucer restored and dead material removed. Stakes and wires shall be tightened and repaired. Defective work shall be corrected as soon as possible after it becomes apparent and weather and season permit. B. If a substantial number of plants are sickly or dead at the time of inspection, acceptance shall not be granted. Maintenance of plants shall then be extended until replacements are made. C. Replacements shall be plants of the same kind and size indicated on the Plant List on the Drawings. They shall be furnished and planted as specified above at no additional cost to Owner. Replacements resulting from removal, loss, or damage due to occupancy of the project in any part, vandalism, physical damage by animals, vehicles, etc., and losses due to curtailment of water by local authorities ' Wilson Park and Washington Willow Areas Traffic Calming •City of Fayetteville March, 2007 Engineering Division Page 02900-7 I shall be approved and paid for by Owner. D. Plants shall be guaranteed for a period of one year after inspection and provisional acceptance. E. At the end of the Establishment Period, inspection shall be made again. Any plant required under this contract that is dead or unsatisfactory to Owner shall be removed from the site. These shall be replaced during the normal planting season. 3.9 SEEDING A. All exterior ground within the limit of contract, except surfaces occupied by buildings and structures and paving, except areas indicated to be undisturbed, shall be seeded or planted as indicated on the Drawings. B. Furnish topsoil, finish grading, prepare seed bed, seed and maintain areas as indicated on the Drawings. Special attention must be given to those areas of slope greater than 3:1. Notify Engineer if extreme slopes present difficulty in bed preparation, top soil placement or materials prescribed. C. Seed Bed Preparation - Grade areas to finish grades, filling as needed or removing surplus dirt and floating areas to a smooth, uniform grade as indicated on grading plans. All lawn areas shall slope to drain. Where no grades are shown, areas shall have a smooth and continual grade between existing or fixed controls (such as walks, curbs, catch basin. elevational steps or building) and elevations shown on the Drawing. Roll, scarify, rake and level as necessary to obtain true, even lawn surfaces. Finish grades shall meet approval of Engineer before grass seed is sown. Loosen soil to a depth of 6 inches in lawn areas by approved method of scarification and grade to remove ridges and depressions. Remove stones or foreign matter over 2 inches in diameter from the top 2 inches of soil. Float lawn areas to approximately finish grades. D. Seed beds should be permitted to settle or should be firmed by rolling before seedings are made. E. Seeding shall not be performed in windy weather. F. Seeding shall be done in two directions at right angles to each other. G. Lawn areas shall be seeded by sowing evenly with an approved mechanical seeder at the rate of a minimum of 5 pounds per 1,000 square feet. Culti-packer or approved similar equipment may be used to cover the seed and to form the seed bed in one operation. In areas inaccessible to culti-packer, the seeded ground shall be lightly raked with flexible rakes and rolled with a water ballast roller. After rolling, seeded areas are to be lightly mulched with wheat straw. Wheat straw shall not be secured in place with an asphalt emulsion or other petroleum based product. H. If the project completion date prohibits in -season planting, prepare for out -of -season seeding or sodding so that lawns shall be completed and ready for acceptance at time of project completion, without additional cost to Owner. Lawn maintenance shall be the same as for other planting. I. Maintain lawns for at least 30 days after sodding and 60 days after seeding, or as long as is necessary to establish a uniform stand of the specified grasses, or until substantial completion of the project or until acceptance of lawns, whichever is later. J. In the event that lawn operations are completed too late in the Fall for adequate germination and growth, maintenance shall continue into the following growing season or until a uniform stand of the specified grasses has been established. K. Water seeded areas twice the first week to a minimum depth of 6 inches with a fine spray and once per week thereafter as necessary to supplement natural rain to the equivalent of 1 inch or to a 6 inch depth. •L. The surface layer of soil for seeded areas must be kept moist during the germination period. After first cutting, water as specified above. I LI I I I I I El fl I I I I I I I Wilson Park :and Washington Willow Areas Traffic Calming City of Fayetteville Engineering Division March. 2007 Page 02900-8 I I M. Make weekly inspections to determine the moisture content of the soil and adjust the watering schedule established by the irrigation system installer to fit conditions. N. After grass growth has started, all areas or parts of areas which fail to show a uniform stand of grass for any reason whatsoever shall be reseeded in accordance with the Drawings and as specified herein. Such areas and parts of areas shall be reseeded repeatedly until all areas are covered with a I. satisfactory growth of grass at no additional cost to Owner. O. Watering shall be done in such a manner and as frequently as is necessary to assure continued growth of healthy grass. Water in such a way as to prevent erosion due to excessive quantities applied over small areas and to avoid damage to the finished surface due to the watering equipment. P. Water for the execution and maintenance of this work shall be provided by the Contractor. Q. Mowing of the seeded areas shall be initiated when the grass has attained a height of 12 to 2 inches. Grass height shall be maintained between 1 and 12 inches at subsequent cuttings depending on the time of year. Not more than 1/3 of the grass leaf shall be removed at any cutting and cutting shall not occur closer than 10 days apart. R. When the amount of grass is heavy, it shall be removed to prevent destruction of the underlying turf. If weeds or other undesirable vegetation threaten to smother the planted species, such vegetation shall ' be mowed or, in the case of rank growths, shall be uprooted, raked and removed from the area. S. Protect seeded area against trespassing while the grass is germinating. Furnish and install fences, signs, barriers or any other necessary temporary protective devices. Damage resulting from trespass, ' erosion, washout, settlement or other causes shall be repaired at no expense to Owner. T. Remove fences, signs, barriers or other temporary protective devices after final acceptance. I. End of Section 02900 I LII I I I ' Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 02900-9 I I I El I I I L I 1 El I El I Il I Section 03210 REINFORCING STEEL PARTI-GENERAL 1.1 SCOPE A. This Section covers the work necessary to furnish and install, complete, the reinforcing steel and welded wire fabric. 1.2 GENERAL A. See CONDITIONS OF THE CONTRACT and Division 1, GENERAL REQUIREMENTS, which contain information and requirements that apply to the work specified herein and are mandatory for this project. 1.3 SUBMITTALS DURING CONSTRUCTION A. Submittals during construction shall be made in accordance with Section 01300, SUBMITTALS DURING CONSTRUCTION, in Division 1, GENERAL REQUIREMENTS. 1. Bending Lists 2. Placing Drawings PART 2- MATERIALS 2.1 DEFORMED REINFORCING BARS A. Deformed billet -steel bars conforming to ASTM A615, Grade 60, unless otherwise noted. 2.2 WELDED WIRE FABRIC A. See Drawings to determine size used, if applicable. 2.3 ACCESSORIES A. Tie wire shall be 16 -gauge, black, soft -annealed wire. Bar supports shall be of proper type for intended use. Bar supports in beams, columns, walls, and slabs exposed to view after stripping shall be small rectangular concrete blocks made up of the same color and same strength concrete being placed around them. Use concrete supports for reinforcing in concrete placed on grade. Conform to requirements of "Placing Reinforcing Bars" published by CRSI. PART3-EXECUTION 3.1 GENERAL A. Conform to "Placing Reinforcing Bars", Recommended Practices, Joint Effort of CRSI-WCRSI, prepared under the direction of the CRSI Committee on Engineering Practice. B. Notify the Engineer when reinforcing is ready for inspection and allow sufficient time for this inspection prior to casting concrete. City of Fayetteville Engineering Division May 30, 2003 Page 03210-1 Li 3.2 DELIVERY AND STORAGE ' A. Deliver steel with suitable hauling and handling equipment. Tag steel for easy identification. Store to prevent contact with the ground. The unloading, storing, and handling bars on the job shall conform to CRSI publication "Placing Reinforcing Bars", 3.3 PLACING REINFORCING STEEL - CLEANING A. Clean metal reinforcement of any loose mill scale, oil, earth and other contaminants. ' 3.4 STRAIGHTENING AND REBENDING REINFORCING STEEL A. Do not straighten or rebend metal reinforcement. Where construction access through reinforcing is a , problem, bundling or spacing of bars instead of bending shall be used. Submit details and obtain Engineer's review prior to placing. 3.5 PROTECTION, SPACING, AND POSITIONING OF REINFORCING STEEL ' A. Conform to the current edition of the ACI Standard Building Code Requirements for Reinforced Concrete (ACI 318), reviewed placing drawings and design drawings. 3.6 REINFORCING STEEL - LOCATION TOLERANCE A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.7 SPLICING A. Conform to Drawings and current edition of ACI Code 318. Splices in adjacent bars shall be 1 staggered. 3.8 TYING DEFORMED REINFORCING BARS A. Conform to the current edition of "Placing Reinforcing Bars" published by Concrete Reinforcing Steel Institute and to the Details and Notes on the Drawings. 3.9 REINFORCEMENT AROUND OPENINGS ' A. Place an equivalent area of steel around the pipe or opening and extend on each side sufficiently to develop bond in each bar. Where welded wire fabric is used, provide extra reinforcing using fabric or deformed bars. 3.10 WELDING REINFORCEMENT A. Welding shall not be permitted unless the Contractor submits detailed shop drawings, qualifications, ' and radiographic nondestructive testing procedures for review by the Engineer. The Contractor shall obtain the results of this review prior to proceeding. The basis for the Contractor submittals shall be The Structural Welding Code, Reinforcing Steel, AWS DI .4-79, published by the American Welding Society and the applicable portions of ACI 318, current edition. The Contractor shall test 10 percent of all welds using radiographic, nondestructive testing procedures referenced in this code. 3.11 PLACING WELDED WIRE FABRIC ' A. Welded wire fabric shall be placed at mid -depth of slab. Do not leave on ground. 3.12 FIELD BENDING ' A. Feld bending of reinforcing steel bars is not permitted when rebending will later be required to straighten bars. Rebending of bars at the same place where strain hardening has taken place due to the original bend will damage the bar. Consult with the Engineer prior to any pour if the contractor foresees a need to work out a solution to prevent field bending. City of Fayetteville May 30, 2003 Engineering Division Page 03210-2 3.13 PAYMENT A. Payment for the work in this Section will be included as part of the applicable Concrete structure bid item stated in the Contractor's Proposal. No separate payment will be made of reinforcing steel. End of Section 03210 City of Fayetteville May 30, 2003 Engineering Division Page 03210-3 II II PART] -GENERAL Section 03316 MISCELLANEOUS CONCRETE WORK 1.1 SCOPE A. This section covers cast in place concrete and reinforcing steel used in the construction of drop inlets, ' headwalls, drainage structures, curb and gutter, sidewalks and access ramps, speed tables, ditch paving, manhole adjustments, water valve adjustments, thrust blocks, pipe bedding, concrete pads around valve and meter boxes, guard rail footings, and concrete encasement. This section also includes flowable fill for ' pipe trenches. 1.2 RELATED WORK A. None ' 1.3 REFERENCES A. ASTM Standards 1. A 185, "Steel Welded Wire Fabric, Plain, for Concrete Reinforcement" ' 2. A 615, "Deformed and Plain Billet Steel for Concrete Reinforcement" 3. C 31, "Standard Method of Making and Curing Concrete Test Specimens in the Field" 4. C 33, "Concrete Aggregates" 5. C 39, "Standard Test Method for Compressive Strength of Concrete" 6. C 143, "Standard Test Method for Slump of Portland Cement Concrete" 7. C 150, "Standard Specification for Portland Cement" ' 8. C 172, "Standard Method of Sampling Fresh Concrete" 9. C 231, "Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method" 10. C 260, "Air Entraining Admixtures for Concrete" 1.4 SUBMITTALS A. Submittals are not required for concrete work unless requested by Engineer. If requested, submit drawings and data as follows. It is anticipated that these will only be required to be submitted if field observations indicate to Engineer that the Work is not progressing according to the Contract Documents. 1. Manufacturer's data for reinforcing steel. 2. Manufacturer's data for admixtures and curing compound. ' 3. Mix design for concrete and flowable fill. 4. Reinforcing placement drawings. 1.5 QUALITY ASSURANCE ' A. Concrete shall be provided by a ready mix plant that has been in operation sufficient time to have a proven record of supplying concrete mixtures that perform satisfactorily. Ready mix plant shall have a current AHTD approval. Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-1 B. Concrete work, including formwork and reinforcing steel placement, shall be accomplished by workers experience in the type of work being performed. PART2-PRODUCTS 2.1 CEMENT A. Cement shall be Portland Cement conforming to the requirements of ASTM C 150, Type I or IA. Type III or IIIA Portland Cement, high early strength, may be used if approved by Engineer; any extra cost will be borne by Contractor. 2.2 AGGREGATE A. Coarse aggregates shall consist of crushed stone or gravel and shall comply with the following grading requirements when tested according to AASHTO T 27: Class A. B. or Special Concrete Sieve Percent Passing 1iW 100 1" - 3/" 35-75 10-30 #4 0-5 B. Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded as follows Sieve Percent Passing '/a" 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. 2.4 REINFORCING STEEL A. Reinforcing steel shall be either deformed bars or welded wire fabric, as indicated on the Drawings. The steel shall conform to the following. Deformed bars ASTM A 615, Grade 60 Welded wire fabric ASTM A 185, Grade 65 Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-2 2.5 CURING COMPOUND A. W.R. Meadows 1600 White, or an approved equal. 2.6 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS A. Concrete shall be either Class A or Class B, and shall be composed of Portland cement, fine and coarse aggregate and water proportioned in keeping with the following: Note: Concrete other than Class A or Class B are not listed below and shall be noted on the drawings and those mixes shall have a mix design submitted that will meet the specified minimum compressive strength and/or other specified requirements. Minimum Sacks of Cement (per Cubic Yard) Max Water (gallons per sack) Slump (inches) Air Entrainment (percent) Class "A" Concrete 5.5 11 2 - 4 (w/ vibration) 1 - 2 (for construction with extrusion machine) Water -cement ratio shall not exceed 0.49. 5.5 +/- 1.5 Plowable Fill Class "A" Concrete (Sidewalks) 2 - 4 (w/ vibration) 1 — 2 (for construction with extrusion machine) 6.0 +/- 2.0 Material for one cubic yard, absolute volume, shall be as follows: Class "B" Concrete 6 2 - 4 (w/ vibration) 1 - 2 (for construction with extrusion machine) Minimum Cementious Material Cement (80-100 lbs) / Fly Ash (220-300 lbs) Sand Variable to equal one cubic yard Water Approximately 65 gallons 5.5 +/- 1.5 B. Air -entraining agents, if used, shall conform to ASTM C 260. The total air content (entrained and entrapped air) shall be 5.5 percent plus or minus 1.5 percent for concrete, 6.0 percent plus or minus 2.0 for sidewalks, and 15 percent plus or minus 1.5 for flowable fill. C. Proportioning of concrete shall be by weight except that water may be measured by volume. A one cubic foot sack of Portland Cement will be considered as weighing 94 pounds. D. Class A concrete made with ordinary Portland cement shall have a minimum compressive strength at 28 days of 3500 psi, except for sidewalks which shall have a minimum compressive strength at 28 days of 4000 psi. Class B concrete made with ordinary Portland cement shall have a minimum compressive strength at 28 days of 3000 psi. If made with high early strength cement, those strengths shall be attained at the end of 7 days. Other strengths may be specified on Drawings or in these specifications. Plowable Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-3 I fill shall have a minimum compressive strength at 28 days of 200 psi and shall meet the requirements of AHTD Section 206. 2.7 JOINT COMPOUNDS A. Expansion joints: asphalt impregnated fiberboard, meeting requirements of AASHTO M 213. Expansion joints shall be left' h" lower than grade or trimmed ½" lower and filled with silicone sealer or other sealer approved by the Engineer to finish grade. B. Contraction (i.e. saw cut) joints: one part silicone formulation that does not require a primer for bond to .concrete. Compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable. Provide product of a manufacturer listed on the AHTD approved materials provider list. PART 3 -EXECUTION 3.1 REINFORCING STEEL A. Steel reinforcing shall be free from rust, scale, and from mortar, dirt, or other objectionable coatings. It shall be placed accurately in accordance with details shown on the Drawings and with rebar detail drawings, and properly secured in position. 3.2 READY -MIX CONCRETE A. Ready -mix concrete shall be delivered and placed within one hour after all materials, including mixing water, shall have been placed in the mixing drum. Each batch shall be accompanied by a load ticket with a copy for Engineer showing the concrete type, mixing proportions, and time mixing began. 3.3 VIBRATION A. Structural concrete shall be compacted by vibration as it is placed. The use of form vibrators is not acceptable. Internal vibrators shall be capable of transmitting vibration to the concrete atfrequencies not less than 4,500 impulses per minute. Duration of vibration shall be limited to the time necessary to provide satisfactory consolidation without causing segregation. The vibrator shall not be inserted into lower courses previously vibrated. Vibrators shall be applied in a substantially vertical position and at uniformly spaced points not further apart than the visible effectiveness of the vibrator. Vibration shall be supplemented by such spading as Engineer may require. Concrete in pipe foundations need not be vibrated if other methods produce satisfactory results. Slump of concrete shall be the minimum practical. When vibration is used to consolidate concrete, slump shall not exceed 4 inches. 3.4 FINISHING I L I I I I I C I A. Surface finishes shall be classified as follows: Class 1. Ordinary Surface finish. Class 2. Rubbed finish. Class 3. Sprayed finish. Class 4. Exposed Aggregate finish. Class 5. Tined Concrete Pavement. Class 6. Broomed finish. B. All concrete shall be given a Class 1 finish. Immediately following the removal of forms, fins and irregular projections shall be removed from all surfaces. On all surfaces, the cavities produced by form Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 03316-4 L ' ties and all other holes, broken comers or edges, and other defects shall be thoroughly cleaned, and patched. In addition, further finishing may be required as specified. C. All exposed surfaces of structures shall be given a Class 2 finish. D. Curb and gutter, integral curb, drop inlet tops, sidewalk, access ramps, driveways, medians and ditch paving shall be given a Class 6 finish. E. Concrete pavement shall be given a Class 5 finish. ' F. Drive and street repairs shall be finished to match existing drives and streets. ' 3.5 CURING A. Immediately after placement, protect concrete from premature drying, excessively hot or cold ' temperatures, and mechanical injury. B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the following methods. I1. Cover surface with moist fabric so that a film of water remains on the surface throughout the curing period. 2. Cover surface with curing paper and seal with tape. 3. Apply a uniform coat of liquid curing and sealing compound in accordance with manufacturer's instructions. 3.6 CURB AND GUTTERS A. Shape subgrade to required depth below finished surface, and compact to a firm, even surface. Remove soft and yielding areas and replace with suitable material and compact. Spread base course material as ' indicated on the Drawings. B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during ' concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms before concrete is placed. Face forms or templates matching the shape of the planned curb are required when an extrusion machine is not used. ' C. Curb and gutters shall be poured as a monolithic structure, according to the lines and grades and details indicated on the Drawings. A combination of extrusion machine and hand pouring shall be used as best ' suits the Work. Extrusion machine shall be the type that can be adjusted to provide the types and dimensions of curbs indicated on the Drawings. D. Vibrate and spade until mortar entirely covers the surface. Finish smooth and even by means of a wooden float. Round edges as indicated on the Drawings while concrete is still plastic. Remove face forms as soon as practicable. Finish face by rubbing with a wood float until it is smooth, then brush finish with a broom. Plastering will not be permitted. Fill minor defects with cement mortar applied with a wood float. E. Install expansion joints in curb and gutters at stationary structures and at ends of curb returns. Expansion joints shall be 2 inch thick and shall be filled with joint filler shaped to the cross section of the curb and constructed at right angles with the curb line. Saw cut contraction joints every 15 feet, to be % to 34 inch by 1½ inches. Saw cut at right angles to curb ' line. Fill with joint seal. ' Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-5 I F. Cure as described elsewhere in this section. ' G. Maximum variation from indicated grades shall be % inch in 10 feet. ' 3.7 SIDEWALKS AND ACCESS RAMPS A. Excavate and/or fill subgrade to the required elevation; compact to a firm, even surface; remove soft and yielding material; replace with suitable material; and compact entire subgrade. B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during ' concrete pouring; stake, brace and hold firmly to required lines and grades; clean and oil forms before concrete is placed; face forms or templates matching the shape of the planned curb which are required when an extrusion machine is not used. C. Construct concrete sidewalks and access ramps according to the lines, grades, and details indicated on the Drawings. As far as practical, sidewalks shall be continuously poured. Access ramps shall be poured monolithically. Consolidate concrete material to prevent honeycombing. Strike off top with a straightedge and tamp or vibrate sufficiently to bring mortar to surface. D. Sidewalks and access ramps shall have a non -slip broom finish. E. Provide tool joints, saw joints, and expansion joints where indicated on the Drawings. Expansion joints shall beat least ½ inch wide, spaced as indicated on the Drawings and between sidewalk and all stationary structures. Fill with joint filler. Provide Sh inch expansion joint material (AASHTO M 213) between curb and sidewalk, and between curb and access ramp. 3.8 SPEED TABLES A. Concrete for Speed Tables shall be High Early Strength Concrete in conformance with Section 501.08 of , the AHTD Specifications Edition of 2003. The High Early Strength Concrete Design shall be such that the 28 day strength specified for Class A concrete in these Specifications is developed in 7 days. All other requirements of these specifications for Class A concrete shall remain in effect. B. Excavate and/or fill subgrade to the required elevation; compact to a firm, even surface; remove soft and yielding material; replace with suitable material; and compact entire subgrade. Place and compact aggregate base as shown on the Plans. C. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during concrete pouring; stake, brace and hold firmly to required lines and grades; clean and oil forms before concrete is placed. D. Construct speed tables according to the lines, grades, and details indicated on the Drawings. As far as practical, speed tables shall be continuously poured. Consolidate concrete material to prevent honeycombing. Strike off top with a straightedge and tamp or vibrate sufficiently to ,bring mortar to surface. E. Speed tables shall have a non -slip broom finish. F. Provide tool joints, saw joints, and expansion joints where indicated on the Drawings. Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-6 Ii I I 3.9 DRIVEWAYS & MEDIANS A. Portland cement concrete driveways and medians shall be constructed in one course on the prepared subgrade or on a completed and accepted base course or asphalt course in accordance with these specifications and in conformity with the lines, grades, thickness, and detail/typical cross section shown on the Drawings. B. Expansion material shall be placed between the curb and driveway and any existing portion of driveway. The joint filler shall be p inch thick and meet the requirements of AASHTO M 213. The top pi inch of the expansion joint shall be filled with silicone sealer, or other sealer approved by the Engineer flush, with the surface. C. Curing is described in 3.5. D. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them. E. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is compacted and finished, the top will be the required elevation. The concrete shall be thoroughly compacted and the edges along the forms spaded to prevent honeycomb. The top shall be struck off with a straightedge after which it shall be finished with a float to a smooth and even surface. Edges shall be ' rounded with a'h inch radius edger. 3.10 DITCH PAVING IA. Concrete ditch paving shall be accordance with these specifications and in conformity with the locations, lines, and grades shown on the Drawings, or as directed. ' B. The subgrade shall be excavated or filled to the required grade. Soft and yielding material shall be removed and replaced with suitable material and the entire subgrade shall be thoroughly compacted. C. Forms shall be constructed of metal or wood, free from warp, and of sufficient strength to resist springing during the process of depositing concrete. They shall be securely staked, braced, set, and held firmly to the required line and grade. Forms shall be cleaned and oiled before concrete is placed against them. D. The concrete shall be deposited in the forms upon a wetted subgrade to such depth that when it is ' compacted and finished, the flow line shall be at the required elevation and the sides at required widths, slopes, and thicknesses. The concrete shall be thoroughly compacted and the edges along the forms spaded to prevent honeycomb. The flow lines and sides shall be struck off with a straightedge and tamped sufficiently to flush mortar to the surface, after which it shall be finished with a wood float to a ' smooth and even surface. The final surface shall be broomed. Edges shall be rounded with a 2 inch radius edger. I 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. IF. Immediately after the forms have been removed, the spaces on each side of the paving shall be backfilled with suitable material and compacted with mechanical equipment. Two feet of solid sodding shall be placed adjacent to the ditch. ' Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-7 H 3.11 3.12 G. When a section of ditch paving terminates at a structure, a'fz 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'fz inch below surface and this ½ inch shall be filled with concrete joint sealant. UNDERDRAIN OUTLET PROTECTORS A. The foundation shall be prepared to the required depth, forms set rigidly to the line and grade designated, and the concrete place, spaded, vibrated, and finished with a wood float to a true and even surface. When completed, the concrete shall be cured as specified. B. The outlet protector shall be placed in such a manner that the underdrain lateral has a uniform slope to ensure proper drainage. Abrupt changes in slope along any portion of the lateral will not be permitted. FIELD QUALITY CONTROL A. Testing of concrete in the field, either as poured or after setting or curing shall be as required by Engineer. The cost of all testing to demonstrate compliance with the specifications shall as indicated in Section 01400. B. Cooperate with testing laboratory personnel to take and properly handle field samples. C. Composite samples shall be obtained in accordance with ASTM C 172 D. Mold and laboratory cure three specimens from each test required in accordance with ANSI/ASTM C 31. E. Measure air content in Class A concrete or other specified concrete mix in accordance with ASTM C 231. F. Test the specimens in accordance with ANSI/ASTM C 39. Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at 7 days for information. For concrete compressive strength tests less than the 7 day (such as for backfilling structures, etc.), the Contractor will be responsible for these tests. G. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance with ANSI/ASTM C 143. H. Failure of concrete and flowable fill is defined as the average compressive strength of the tested specimens. The strength level of the concrete or flowable fill shall be considered satisfactory if both of the following requirements are met: I. The average of all sets of three consecutive strength tests equal or exceed the specified compressive strength. 2. No individual strength test (average of two cylinders) falls below required compressive strength by more than 500psi. 1. 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 or flowable fill placed or for each day's pour and/or placement whichever is least or as directed by the Engineer or his representative, The cost of all I 11 I I I C Li I H C I I I Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville Engineering Division March, 2007 Page 03316-8 testing made at the request of the Owner will be as indicated in Section 01400. Engineer shall furnish Owner with copies of concrete testing required by Engineer during the course of the Work. 3.13 CLEANING A. Clean work areas and all concrete formwork and waste. Waste concrete shall not be disposed of on site except as approved by Engineer. 3.14 WEATHER AND TEMPERATURE LIMITATIONS A. No concrete shall be placed unless the temperature of the concrete is more than 50 degree F when placed. If heating of the ingredients is necessary to meet this criterion, it shall be accomplished by a method such as dry heat or steam. Water shall not be heated to more than 180 degree F, and shall be combined with the aggregate before the addition of cement. Frozen aggregates may not be used. B. After concrete is placed, it shall be protected by insulated forms, blankets, enclosing and heating, or any approved method that will maintain 50 degree F temperature for at least 5 days. The Contractor shall have available and ready for immediate use sufficient materials and equipment for maintaining the temperature of the concrete. C. Concrete that has been frozen or damaged due to weather conditions shall be replaced at no additional cost to the Owner 3.15 SCHEDULE A. Cast -in -place concrete class is generally indicated on the Drawings for each type of usage. The following schedule will govern where no concrete class is indicated on the Drawings. Class A Class B Curb and Gutter x Sidewalks & Access Ramps x Speed Tables (High Early Strength) x Drainage Structures x Ditch concrete paving x Driveways x Manholes x Manhole adjustments x Water valve adjustments x Guard rail post holes x Concrete pads x Flared end section wall x Underdrain outlet protector x Thrust blocks x Encasement x Pipe bedding x Reinforced Concrete for Box Culverts, Retaining Walls, Sidewalks, and other Special Structures shall be 4000 psi. End of Section 03316 ' Wilson Park and Washington Willow Areas Traffic Calming City of Fayetteville March, 2007 Engineering Division Page 03316-9 Appendix A EVENT PERMIT APPLICATIONS Wilson Park and Washington -Willow Area Traffic Calming City of Fayetteville March, 2007 Engineering Division Page APP A-1 I I I 1 1 1 I 1 1 1 City of Fayetteville, Arkansas Event Permit Application Section I Any individual or organization planning to host or produce a festival or event which will be held on City of Fayetteville property or utilize City resources must complete this application and return it with the appropriate fees to the City of Fayetteville Parking Management Division for approval. Any misrepresentation in this application or deviation from the final approved specifications and activities described herein may result in the immediate revocation of the approved permit. No application will be processed without the Hold Harmless Clause being signed. Please do not write on the back side of any page of this form. Event Name: Event Date(s): Event Producer: Primary Contact: Primary contact is the person who is to be contacted regarding the application or event Address: City: State: Zip: Phone: Day: Night: Cell: Fax: Email: Secondary Contact: Phone: Day: Night: Cell: Fax: Email: Event Location: Event Types: Check all that apply Not for Profit Wedding Ceremony Walk/Run Footrace For Profit Wedding Reception Competition Public Meeting/Dinner Parade Private Press Conference Rally Demonstratio Concert Auction Festival Trade Show/Expo Block Party Other Page 1 Section I Event Permit Application I Event Description: Event Duration: Hours of Operation: Start End Starting Date: Ending Date _/ /_ / / Day 1 _ _ _ _ Day2 ___ ____ ___ ____ Day3 Site Preparation: Starting Date: // Time: Dismantle/Cleanup: Ending Date: / /_ Time: __ Total Attendance: Peak Attendance: Time: Event Features: Check all that apply Alcoholic Beverages Served Security Required Alcoholic Beverages Sold Street Closings Carnival Rides Temporary Electrical Service Crowd Control Required Temporary Restrooms Elevated Noise Levels (Section III required) Tents Emergency Medical Services Required Vendor Booths Fireworks Display Vendor Food Parade/March Other If you have checked any of the features above, please continue with Section 11— Major Event Permit Application. Hold Harmless Clause: The City shall not be liable to user's employees, agents, invitees, licensee, visitors, or to any other person, for injury to person or damage to property on or about the leased premises caused by the negligence or misconduct of user, its agents, servant or employees, or of any other person entering upon the leased premises under express or implied invitation by user, or caused by the building improvements located on the leased premises becoming out of repair, or caused by leakage of gas, oil, water, smoke, or steam or by electricity emanating from the leased, premises. The event producer agrees to indemnify and hold harmless the City from any loss, attorney's fees, and expenses or claims arising out of any such damage or injury. The City reserves the right to revoke this application at any time. The applicant ensures compliance with the following: • The observance of applicable laws and ordinances; Any stipulations or restrictions of the permit; Any stipulations or rules outlined in the Event Permit Application Instructions/Rules; The applicant assumes all liabilities that may arise by street closing and related activity. Permit applied for and all terms and stipulation agreed to by: Signature: Date: I I L L I I I L I I I !I I L Page 2 Section] Event Permit Application I I SECTION II ' Major Event Permit Application Event Name: Event Date(s): • Site Map Requirement: • Major events require a site map (you may acquire a map from the Parking Management Office). Indicate on map the exact placement of the following items, if applicable. > Gate(s)/Official Entrance(s) > Vendor Booths/Tents > Security Tent(s) > Restroom Facilities/Portable Toilets > Money Rooms > Emergency Medical Tent(s) ' > Performance Areas/Lighting > Fencing > Sign/Banner Placement > Dumpsters & Trash Containers > Food Areas > Street Closures/Barricades ' > Event Headquarters > Alcohol Areas > Communication Center Street Closure: Reopen: ' Date: Time: _:_ Date: Time: List streets to be closed (provide map): ' Security: It is the responsibility of an event producer to provide adequate security for an event, and to ensure that an adequate number of security personnel are present to manage the expected size of the event's crowd. Security must include proper crowd control. Security personnel must meet the requirements of the Fayetteville Police Department. Number of off -duty police or private security personnel being provided: Organization providing off -duty or private security: Contact: Phone: Type of Security Number of Personnel Check if not Neede Gate Security Alcohol Sales Security Money Handling Security Stage/Artists Security Parking Lot Security Overnight Security (outside of event hours) Page 1 Section II Major Event Permit Application Emergency Response/Fire Team: Special emergency response team required? Type of response unit required: Vendors: List types of vendor booths (food, clothing, crafts, etc.): Alcoholic Beverages: Alcoholic Beverage Vendor(s): ABC License Number: Fireworks: Fireworks Provider/Handler: Fireworks Permit Number: Electrical Service: How will electrical service be supplied On -call Electrician: Business Phone: Restroom Facilities: Number of permanent facilities: Company Supplying Portables: Contact: Yes No Fee: $ Public Utilities Generator Emergency Phone (during event): Number of portable facilities: Phone: Page 2 Section II Major Event Permit Application I Trash, Recycling, and Clean Up Plans/Procedures: Please contact the Solid Waste & Recycling Division for all your events refuse and recycling needs at 479- 575-8397. Name of trash and recycling coordinator: Name of clean up coordinator: Number of people on clean-up crew: Number and Size of Dumpsters:_________________Type of Dumpsters: tNumber of times to be serviced: Briefly describe plan for trash and recycle removal (how will trash be collected and disposed of?): I Briefly describe plan for clean up after event is concluded: 1 ' Clean Up Deposit Required: $500.00 This fee is payable in advance to the City of Fayetteville for clean up and removal of debris. An inspection of the event location will be performed by City personnel within 24 hours after the ending date and time of the event as established in this permit. Upon establishment of a satisfactory inspection of the site of the clean up performed by the event producer, the clean up deposit will be refunded within thirty ' (30) days of the inspection. If said clean up was not totally successful, then all or a portion of the deposit may be forfeited to the City in order to pay for the appropriate clean up efforts. Clean up tasks performed by the City are charged out at $50.00 per hour. If cleanup efforts performed by the City exceed $500.00, ' the event producer will be billed the additional cost. •Clean Up Deposit Received: • Date: Amount: Check #: ' Refundable to: Name: Address: II I City, St, Zip: Telephone No.: I Page 3 Section II Major Event Permit Application (b s- ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID DP I DATE(MM/DD/YYYY) TOMAS-1 04/30/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Walker Bros. Insurance, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7570 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Springdale AR 72766-7570 Phone: 479-306-4677 Fax: 479-306-5110 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Phoenix Insurance CO p an INSURER B: Charter Oak Fire Ins Co Tomlinson Asphalt Co., Inc Mark Mahaffey 1411 W. Van Asche Fayetteville AR 72704 INSURER C: Standard Fire Ins Co INsURERO: Travelers Indemnit Co INSURER E; 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER DATEFFECTIVEEXPIRATION E MM/DD DATE MM/OIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 A X X COMMERCIAL GENERAL LIABILITY 4T-CO-4621N553-PHX-0905/01/09 05/01/10 PREMISES Eaocarence s300000 CLAIMS MADE X❑ OCCUR MED EXP (My one person) $ 5000 X PERSONALSADV INJURY $ 1000000 Contractual Liab GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2000000 POLICYIX CT PRO LOC JE B X AUTOMOBILE LIABILITY ANYAUTO BA-4621N553-09-CNS 05/01/09 05/01/10 COMBINED SINGLE LIMIT (Eaacddent $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EAACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE s2000000 D X OCCUR ❑ CLAIMSMADE 4TSH-CUP-462114553-IND-09 05/01/09 05/01/10 X AGGREGATE s2000000 $ $ DEDUCTIBLE X $ _RETENTION $10000 10000 WORKERS COMPENSATION AND X TORY LIMITS ER C EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE 4TC—UB-4621N55-3—0 05/01/09 05/01/10 E.L. EACH ACCIDENT $500000 E.L. DISEASE- EA EMPLOYEE $5000OO OFFICER/MEMBER EXCLUDED? If yes. desallle under SPECIALPROVISIONSbelow --- E.L. DISEASE -POLICY LIMIT '-------- $500000 OTHER A Rented/Leased QT-6605153M896-TIA-0905/01/09 05/01/10 Per Item 275000 Equipment fled 1000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Wilson Park/Washington Willow Areas Traffic Calming, Fayetteville, AR Certificate Holder is named as Additional Insured in regards to General Liability, Auto Liability & Excess Liability. CERTIFICATE HOLDER CANCELLATION CITYFAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Fayetteville, Arkansas 125 W. Mountain St. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Fayetteville AR 72701 REPRESENTATIVES. AUT RED ,PRESENTATIVE ACORD 25 (2001108) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. 25