MCC BALLPARK IMPROVEMENTS - City of Pascagoula

Project Manual prepared for

REV A – ISSUED FOR REVIEW (05/14/20)

218-049.006

comptonengineering.com

MCC BALLPARK IMPROVEMENTS

PREPARED BY:

COMPTONENGINEERING, INC.

1969 MARKET ST. PASCAGOULA,

MISSISSIPPI 39567

PHONE: 228-762-3970 FAX: 228-769-9079

1706 Convent Avenue

DRAFT

PROJECT MANUAL

FOR


PREPARED FOR

CITY OF PASCAGOULA

* * *

CONSISTING OF:

BIDDING REQUIREMENTS

CONTRACT FORMS

CONDITIONS OF THE CONTRACT

SPECIFICATIONS

DRAWINGS

* * *

REV A – ISSUED FOR REVIEW (05/14/20)

COMPTON ENGINEERING, INC. PASCAGOULA, MISSISSIPPI

DRAFT

COMPTON ENGINEERING, INC. TABLE OF CONTENTS 218-049.006 TOC-1


TABLE OF CONTENTS

PAGE(S)

PART 1 – BIDDING REQUIREMENTS SECTION 00100 INVITATION TO BID ........................................................................ 00100-1 to 00100-4 SECTION 00200 INSTRUCTIONS TO BIDDERS ......................................................... 00200-1 to 00200-8 SECTION 00410 BID FORM ........................................................................................... 00410-1 to 00410-7 SECTION 00430 BID BOND ........................................................................................... 00430-1 to 00430-2 SECTION 00437 LIST OF SUBCONTRACTORS ......................................................... 00437-1 SECTION 00438 PROJECT REFERENCES ................................................................... 00438-1 PART 2 – CONTRACT FORMS SECTION 00510 NOTICE OF AWARD ......................................................................... 00510-1 SECTION 00520 CONTRACT ........................................................................................ 00520-1 to 00520-6 SECTION 00550 NOTICE TO PROCEED ...................................................................... 00550-1 SECTION 00610 PERFORMANCE BOND .................................................................... 00610-1 to 00610-2 SECTION 00615 PAYMENT BOND .............................................................................. 00615-1 to 00615-2 PART 3 – CONDITIONS OF THE CONTRACT SECTION 00700 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ......................................................... 00700-0 to 00700-43 SECTION 00800 SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT ......................................................... 00800-1 to 00800-10 SECTION 00810 CDBG CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS .............................................. 58 SECTION 00870 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, NON-COLLUSION AND OTHER RESPONSIBILITY MATTERS . 00870-1 SECTION 00880 CONTRACTOR CERTIFICATION STATEMENT STANDARD TERMS AND CONDITIONS AND FEDERAL ASSURANCES ...... 00880-1 to 00880-2 PART 4 – TECHNICAL SPECIFICATIONS DIVISION 1 – GENERAL REQUIREMENTS SECTION 01000 GENERAL REQUIREMENTS............................................................ 01000-1 to 01000-7 SECTION 01010 SUMMARY OF WORK ...................................................................... 01010-1 to 01010-4 SECTION 01011 SITE CONDITIONS ............................................................................ 01011-1 to 01011-5 SECTION 01012 MOBILIZATION / DEMOBILIZATION............................................ 01012-1 SECTION 01014 PROTECTION OF THE ENVIRONMENT ........................................ 01014-1 to 01014-2 SECTION 01016 PROTECTION OF PROPERTY .......................................................... 01016-1 to 01016-3 SECTION 01310 PROJECT MANAGEMENT & COORDINATION ............................ 01310-1 to 01310-4 SECTION 01329 CONSTRUCTION SURVEYING ....................................................... 01329-1 to 01329-3 SECTION 01330 SUBMITTALS ..................................................................................... 01330-1 to 01330-12 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS................................ 01500-1 to 01500-6 SECTION 01570 EROSION AND SEDIMENTATION CONTROL .............................. 01570-1 to 01570-3 SECTION 01571 TEMPORARY SILT FENCE .............................................................. 01571-1 to 01571-2 SECTION 01600 MATERIAL & EQUIPMENT SHIPMENT, HANDLING, PROTECTION & STORAGE ....................................... 01600-1 SECTION 01700 CONTRACT CLOSEOUT ................................................................... 01700-1 to 01700-5

DRAFT

COMPTON ENGINEERING, INC. TABLE OF CONTENTS 218-049.006 TOC-2

DIVISION 2 – SITEWORK SECTION 02015 SITE PREPARATION ......................................................................... 02015-1 SECTION 02051 GENERAL DEMOLITION ................................................................. 02051-1 to 02051-4 SECTION 02200 EARTHWORK .................................................................................... 02200-1 to 02200-5 SECTION 02222 EXCAVATING (SITE) ........................................................................ 02222-1 to 02222-2 SECTION 02223 BACKFILLING (SITE) ....................................................................... 02223-1 to 02223-2 SECTION 02224 EXCAVATION, BACKFILL AND COMPACTION FOR UNDERGROUND PIPING ................................................................. 02224-1 to 02224-8 SECTION 02232 CLEARING, GRUBBING AND STRIPPING .................................... 02232-1 to 02232-2 SECTION 02247 GEOTEXTILE FABRIC ...................................................................... 02247-1 to 02247-3 SECTION 02290 IMPORTED MATERIALS FOR FOUNDATION, BEDDING AND BACKFILL .............................................................. 02290-1 to 02290-2 SECTION 02577 ROAD, DRIVEWAY, AND SIDEWALK........................................... 02577-1 to 02577-4 SECTION 02580 PAVEMENT MARKINGS .................................................................. 02580-1 to 02580-2 SECTION 02711 AGGREGATE PAVEMENT BASE .................................................... 02711-1 to 02711-4 SECTION 02720 STORM SEWER SYSTEMS AND CULVERTS ................................ 02720-1 to 02720-5 SECTION 02763 THERMOPLASTIC TRAFFIC MARKINGS ..................................... 02763-1 to 02763-3 SECTION 02770 CIVIL CAST-IN-PLACE CONCRETE ............................................... 02770-1 to 02770-15 SECTION 02921 HYDROSEEDING ............................................................................... 02921-1 to 02921-3 SECTION 02936 SEEDING ............................................................................................. 02936-1 to 02936-3 DIVISION 3 – CONCRETE SECTION 03200 CONCRETE REINFORCEMENT ...................................................... 03200-1 to 03200-2 SECTION 03251 EXPANSION AND CONSTRUCTION JOINTS ................................ 03251-1 to 03251-6 PART 5 – DRAWINGS List drawings for project

DRAFT

COMPTON ENGINEERING, INC. INVITATION TO BID 218-049.006 00100-1

SECTION 00100 INVITATION TO BID Electronic or sealed bids for the MCC BALLPARK IMPROVEMENTS project will be received by the City of Pascagoula, Mississippi until 2:00 p.m. LOCAL TIME on the day of , 2020, and then will be publicly opened and read. Any bids received after the time and date specified will not be considered and will be returned unopened. All bids shall be submitted in a sealed envelope addressed to the City Clerk of Pascagoula, Mississippi. If a bid is submitted by mail, the post office address for the City Clerk is P.O. Drawer 908, Pascagoula, Mississippi 39568-0908. If a bid is hand-delivered, the street address of the City Clerk is 603 Watts Avenue, Pascagoula, Mississippi 39567-4220. All bid envelopes shall be marked “SEALED BID FOR MCC BALLPARK IMPROVEMENTS TO BE OPENED AT 2:00 P.M., , , 2020” on the outside of the envelope. When bids are submitted electronically, the same requirements for submitting sealed bids shall apply. Electronic bids shall include a document representing the cover of the envelope containing the aforementioned criteria. LOCATION AND SPECIFICATIONS The proposed project includes parking and drainage improvements, concrete aprons, and construction of a new outdoor basketball facility. The Contract Drawings for this project are entitled MCC Ballpark Improvements, are dated , and consist of twenty (20) sheets. Project Manuals may be examined at the City of Pascagoula’s office, 603 Watts Avenue, Pascagoula, MS, at the office of the Design Engineer, Compton Engineering, Inc., 1969 Market Street in Pascagoula, or online at www.comptonengineeringplans.com. The bid documents are being made available online via original paper copy or electronically upon payment of $175.00 per paper copy and $50.00 per compact disc. The drawings bound in the bid documents are photographic reductions of the original tracings. Full-scale drawings may be obtained (provided a set of reduced drawings and specifications has been purchased) for an additional $50.00 per set. Cost includes shipping and handling for each set. The bid documents are non-refundable and must be purchased through the website. Return of documents is not required. All plan holders are required to have a valid email address for online registration. For information regarding website registration and online orders, please contact Plan House Printing at 228-248-0181. For information regarding this project, contact Compton Engineering's office at 228-762-3970 in Pascagoula, Mississippi. When submitting an electronic bid, the bid must be submitted in “pdf” format and shall contain the same information and forms as required for the paper bids. Electronic bids must be secured with a bid bond. When submitting a bid electronically, the authorized signature shall be an electronic signature or handwritten in blue-ink signature. In the event that an electronically submitted bid has a corrupted attachment, the bid will be considered null and void. When bids are submitted electronically, the requirement for including a certificate of responsibility, or a statement that the bid enclosed does not exceed Fifty Thousand Dollars ($50,000.00), on the exterior of the bid envelope shall be deemed in compliance by including the same information as an attachment with the electronic bid submittal. For an electronic bid, documents can be downloaded from Central Bidding or Plan House Printing. Electronic bids shall be submitted at www.centralbidding.com. For any questions relating to the electronic bidding process, please call Central Bidding at 225-810-4814. Each bid must be submitted in accordance with Article 15 of the Instructions to Bidders on the prescribed form and accompanied by cash, a certified check, a cashier's check or bid bond executed on the prescribed form, payable to the City of Pascagoula in an amount not less than five (5) percent of the amount bid.

DRAFT

http://www.comptonengineeringplans.com/

http://www.centralbidding.com/


This project is funded fully or partially with Federal funds provided through Mississippi Development Authority, utilizing Supplemental Community Development Block Grant Funds from the Department of Housing and Urban Development; the successful bidder must comply with all applicable federal, state and local requirements contained in the Contract Documents, including but not limited to Section 3, Davis-Bacon Federal Wage Regulations, E-Verify, etc., as identified in the bid proposal packet as “HUD Contract Provisions for Construction Contracts”. All Women and Minority and Section 3 Contractors are encouraged to apply. Section 3: This project is covered by the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u) (“Section 3”). Section 3 requires that when employment or contracting opportunities are generated by HUD-funded projects, preference is given to low to very low-income persons and businesses residing in the community where the project is located. Section 3 businesses are encouraged to submit a bid as any responsive, responsible bidder that qualifies as a Section 3 Business Concern will be given a preference during evaluation. A bidder selected for this Project will be responsible for ensuring compliance with all Section 3 requirements including, but not limited to, the hiring and contracting decisions made on the Project. AWARD OF CONTRACT: All bidders are required to demonstrate commitment to the achievement of the City of Ocean Spring’s Section 3 goals in one of the following two ways: (1) A bidder must certify as a Section 3 business concern; or (2) A bidder must provide a Section 3 plan detailing how the bidder will meet the required Section 3 subcontracting goal of providing subcontracting opportunities to Section 3 business concerns in an amount not less than 10% of the total contract amount. In the subcontracting plan, the bidder should include the necessary number of Section 3 business subcontractors to meet or exceed the goal for this contract. The plan should also clearly state the total dollar value that will be self-performed and the total dollar value which will be subcontracted to Section 3 Business Concerns; providing for each listed Section 3 Business Concern a fully completed Section 3 Business Certification form including the company name, address, contact person, telephone number, and e-mail address; the amount to be performed/subcontracted; the scope of work to be performed; and the anticipated timeframe for performance of the work. If a bid is submitted without satisfying one of the two requirements set forth above, then that bid will be deemed non-responsive and rejected; provided, however, that in the event the Contractor, itself, is a Section 3 Business Concern and provides the requisite documentation in support thereof, such bidder will be encouraged, but not required to extend subcontracting opportunities to Section 3 Business Concerns as contemplated by this provision. The Contract will be awarded to the lowest responsive, responsible bidder, subject to the preference for a Section 3 Business Concern as set forth below.

Section 3 preference and evaluation of bid: An award shall be made to the qualified section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid—

(A) is within the maximum total contract price established in the contracting party’s budget for the specific project for which bids are being taken, and (B) is not more than ‘‘X’’ higher than the total bid price of the lowest responsive bid from any responsible bidder. ‘‘X’’ is determined as follows: X=lesser of: When the lowest responsive bid is less than $100,000 .......... 10% of that bid or $9,000. When the lowest responsive bid is: At least $100,000, but less than $200,000 .......................... 9% of that bid, or $16,000. At least $200,000, but less than $300,000 .......................... 8% of that bid, or $21,000. At least $300,000, but less than $400,000 .......................... 7% of that bid, or $24,000. At least $400,000, but less than $500,000 .......................... 6% of that bid, or $25,000. At least $500,000, but less than $1 million .......................... 5% of that bid, or $40,000. At least $1 million, but less than $2 million ......................... 4% of that bid, or $60,000.

DRAFT


At least $2 million, but less than $4 million ......................... 3% of that bid, or $80,000. At least $4 million, but less than $7 million ......................... 2% of that bid, or $105,000. $7 million or more ................. 11⁄2% of the lowest responsive bid, with no dollar limit.

Section 3 Project Plan and any other Section 3 Forms The Section 3 forms listed below must be completed and submitted with each bid. If a bidder fails to include any one of these completed forms, then that bidder’s bid will be considered non-responsive and will be rejected. Section 3 Submission: NOTE: Section 3 Forms and Definitions are located in Attachment B of this document

(a) A completed Section 3 Business Concern Certification. If a Contractor has previously certified as a Section 3 Business on a different contract, Contractor must recertify with each specific bid. If seeking the preference for Section 3 Business Concerns, all backup documentation must be submitted with the Section 3 Business Concern Certification (i.e. employee roster, Section 3 Resident Certification Forms, or, as applicable, other substantiating documentation demonstrating status as a Section 3 Business Concern). A Section 3 Business Concern is a business that can provide evidence supporting that it meets one of the following thresholds:

i. The business is 51 percent or more owned by Section 3 residents; or

ii. At least 30 percent of the business’ permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the business were Section 3 residents; or

iii. The business provides evidence demonstrating a commitment to subcontract in excess of 25

percent of the dollar award of all subcontracts to be awarded to business concerns that meet either of the qualifications in the above two paragraphs.

(Note: A Section 3 resident is a public housing resident or an individual who resides in the metropolitan area, or non-metropolitan County, in which the proposed contract will be performed and who is defined by HUD as low-income (meaning his or her annual income does not exceed 80% of the area median income, based on household size). See the Definitions contained in the Section 3 Forms and 24 CFR § 135.5.

(b) A completed Section 3 Project Plan expressing the contractor’s agreement to comply with all Section 3 requirements in the employment and subcontracting opportunities created by the Project.

(c) The portion of the work which will be done by subcontractors. **All subcontracts must be bid pursuant to 24 C.F.R. Part 85.36 and the procurement laws of the State of Mississippi. **All bidders on subcontracts must identify their eligibility for a Section 3 preference, if applicable, using the Section 3 forms identified above.

NOTE: If a bidder seeks a Section 3 preference because it is 51 percent or more owned by Section 3 Residents, then that bidder must submit documentation demonstrating such ownership. For example, if the bidder is a limited liability company, it may submit an operating agreement identifying the owners of the business and their respective membership interests. If a bidder seeks a Section 3 preference because 30% of its full-time employees are Section 3 Residents, then that bidder must—in addition to the Section 3 Business Concern Certification and Section 3 Project Plan listed above—submit a current employee roster (a) listing all full-time employees and the dates on which they were hired and (b) identifying which employees are Section 3 Residents. For each Section 3 Resident so identified, the bidder must then submit a completed and signed Section 3 Resident Certification demonstrating that the employee is currently a Section 3 Resident or was a Section 3 Resident within 3 years of the date of his or her first employment with the bidder. And, if a bidder seeks a Section 3 preference because it plans to subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 Business Concerns, then it must (a) identify each Section 3 subcontractor and (b) demonstrate that each Section 3 subcontractor is in fact a Section 3 Business Concern using the documentation methods identified above.

DRAFT


The successful bidder will be required to furnish the necessary additional bond(s) for the faithful performance of the Contract, as prescribed in the Contract Documents. All bid bonds, performance bond, payment bond and certificates of insurance shall be either executed by or countersigned by a licensed resident agent of the surety or insurance company having his place of business in the State of Mississippi and in all ways complying with the insurance laws of the State of Mississippi. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of Mississippi. In order to perform public work, the successful bidder shall, as applicable, hold or obtain such Contractor's and business licenses as required by state statutes. Bidder is required by Mississippi Statute 31-3-21 to have a current Certificate of Responsibility issued by the State Board of Public Contractors prior to bidding on the project. The project requires one hundred percent (100%) Performance Bond and one hundred percent (100%) Payment Bond. Before a Contract will be awarded for the work contemplated herein, the Owner will conduct investigation as is necessary to determine the performance record and ability of the apparent lowest responsible responsive qualified bidder to perform the size and type of work specified under this Contract. Upon request, the bidder shall submit such information as deemed necessary by the Owner to evaluate the bidder's qualifications without discrimination. For information concerning the proposed work, contact Compton Engineering, Inc., at (228) 762-3970. It is called to the attention of the Bidder that the time of completion of the work under this Contract is the essence of the Contract. The right is reserved to reject all bids or any bid not conforming to the intent and purpose of the Contract Documents, and to postpone the award of the Contract for a period of time which, however, shall not extend beyond 90 days from the bid opening date. The right is reserved to waive informalities found in any bid. The Owner also reserves the right to cancel the bid process at any time. Dated this day of , 2020.

CITY OF PASCAGOULA

By: Karen Kennedy City Clerk DRAFT

COMPTON ENGINEERING, INC. INSTRUCTIONS TO BIDDERS 218-049.006 00200-1

SECTION 00200 INSTRUCTIONS TO BIDDERS

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

GENERAL

The Project Manual is divided into parts, divisions and sections in keeping with accepted industry practice to separate categories of subject matter for convenient reference thereto. Generally, there has been no attempt to divide the Specification sections into Work performed by the various building trades, Work by separate subcontractors, or Work required for separate facilities in the Project.

A general description of the Work to be done is contained in Section 01010 of the Technical Specifications. The Scope is indicated on the accompanying Drawings and specified in applicable parts of these Contract Documents.

A. Where the drawings are reduced in size from the original tracings, the amount of reduction is indicatedby a note and/or bar on the drawings.

ARTICLE 1 – DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office--The office from which the Bidding Documents are to be issued and where thebidding procedures are to be administered (Compton Engineering, Inc., 1969 Market Street, Pascagoula, Mississippi 39567).

B. Command Type Sentences-- Command type sentences are used in the Contract Documents. Theserefer to and are directed to the Contractor.

C. Responsive Bidder-- Any person, firm or corporation submitting a bid for the work contemplatedwhose bid form is complete and regular, free of exclusions special conditions or unbalanced unit prices and has no alternative bids for any item unless required in the technical specifications.

D. Responsible Bidder--Any person, firm or corporation submitting a bid for the work contemplatedwho maintains a permanent place of business, has adequate plant equipment to do the work properly and within the time limit that is established, and has adequate financial status to meet his obligations contingent to the work.

ARTICLE 2 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office. The deposit is not refundable and return of the document is not required.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 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.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be requested in writing.

DRAFT


3.02 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s representations and certifications. ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS AND SITE CONDITIONS 4.01 Subsurface and Physical Conditions A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface

structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which the Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.02 Underground Facilities A. Information and data shown or indicated in the Bidding 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, including Owner, or others. 4.03 Hazardous Environmental Condition A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents. B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. Bidder shall be responsible for reproduction cost of all Reports and Drawings. 4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

DRAFT


4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other 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 contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work. 4.07 It is the responsibility of each Bidder before submitting a Bid to: A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda; B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work; C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. obtain and carefully study (or accept consequences of not doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto; E. consider the information known to the Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the bidding Documents; and (3) Bidder’s safety precautions and programs; F agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents; G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents; H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents; I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work. 4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

DRAFT


ARTICLE 5 – PRE-BID CONFERENCE

5.01 A Pre-Bid Conference has not been scheduled. If required, a pre-bid conference will be scheduled by addendum.

ARTICLE 6 – SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding 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.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 – BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% percent of Bidder’s maximum Bid price and in the form of a certified check or bank money order or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 10 days after the Notice of Award, Owner may consider Bidder in default, annul the Notice of Award and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 91 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within fourteen days after the Bid opening.

ARTICLE 9 – CONTRACT TIMES

9.01 The number of days within which the Work is to be substantially completed and ready for final payment is set forth in the Bid Form.

ARTICLE 10 – LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in the Contract.

ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, provision for providing the substitutes will be included in the Bid.

DRAFT


ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS 12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute in which case apparent Successful Bidder shall submit an acceptable substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award. 12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions. 12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection. ARTICLE 13 – PREPARATION OF BID 13.01 The Bid Form is included with the Bidding Documents. 13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each section, Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words “No Bid,” “No Change,” or “Not Applicable” may be entered. 13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown. 13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown. 13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 13.06 A Bid by an individual shall show the Bidder’s name and official address. 13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 13.08 All names shall be typed or printed in ink below the signatures. 13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

DRAFT


ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS 14.01 Lump Sum A. Where prices are requested to be submitted as a lump sum, Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form. Where alternates are included, the Bidder shall submit prices per each alternate. Owner may select any combination of Base Bids and alternates in order to determine the lowest and best bid. 14.02 Unit Price A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule. B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. C. 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. Discrepancies between words and figures will be resolved in favor of the words. D. The Owner reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary. No minimum or maximum quantity for any bid item is guaranteed by the Owner. 14.03 For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor’s overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 11.02.B of the General Conditions. 14.04 If Contractor is to bid the time of completion, Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages for failing to achieve Substantial Completion for each day before or after the desired date appearing in Article 9. ARTICLE 15 – SUBMITTAL OF BID 15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data: 15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement or Invitation to Bid and shall be enclosed in a sealed package plainly marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed as indicated in the Notice to Bidders and/or Invitation to Bid. 15.03 Non-Resident Bidders (“Preference Statue” Miss. Code Ann. § 31-3-21(3)) A. All bids submitted by a non-resident contractor which does not include the non-resident contractor’s current state law shall be rejected and not considered for award. If the state does not have a preference law, then the contractor shall submit a letter stating such from an attorney duly licensed in the state where the contractor is domiciled. 15.04 In order to perform public work, the successful bidder shall, as applicable, hold or obtain such Contractor's and business licenses as required by state statutes. Bidder is required by Mississippi Statute 31-3-21 to have a current Certificate of Responsibility issued by the State Board of Public Contractors prior to bidding on the project. The bidder shall include his Certificate of Responsibility Number or a statement that the Bid herein is less than $50,000 on the outside of the envelope, failing which, said Bid shall not be opened or considered.

DRAFT


15.05 The Owner will confirm the validity of the Bidder’s Contractor’s License Number. This will be accomplished by using the Board of Public Contractor’s Website located at http://www.msboc.us/contractors.cfm. It shall be the Bidder’s responsibility to insure his License Number appears on the site. If the number does not appear, the bid may be rejected.

15.06 When bids are submitted electronically, the same requirements under Article 15.01 through 15.05 shall apply. Electronic bids shall include a document representing the cover of the envelope containing the criteria in these articles.

ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

16.02 If within 24 hours after Bids are opened, any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is re-bid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. 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.

ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider 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 prior to the Notice of Award.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

DRAFT

http://www.msboc.us/contractors.cfm


ARTICLE 20 – CONTRACT SECURITY AND INSURANCE 20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds. ARTICLE 21 – SIGNING OF AGREEMENT 21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within 10 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification. ARTICLE 22 – SALES AND USE TAXES 22.01 The Contractor may be subject to a Contractor’s Tax in the state where the project is located. If applicable, all Contractor’s taxes shall be included in the Bid. ARTICLE 23 – RETAINAGE 23.01 Provisions concerning Contractor’s rights to deposit securities in lieu of retainage are set forth in the Agreement. ARTICLE 24 – CONTRACTS TO BE ASSIGNED Not included. ARTICLE 25 – PARTNERING Not included.

DRAFT

COMPTON ENGINEERING, INC. BID FORM 218-049.006 00410-1

SECTION 00410 BID FORM

NOTE: Use preferably black ink for completing this Bid form.

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted for:

MCC Ballpark Improvements

1.02 This Bid is submitted to:

City of Pascagoula P.O. Drawer 908 Pascagoula, MS 39568-0908

1.03 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

1.04 The company and person to contact for additional information regarding this Bid is:

COMPANY: CONTACT NAME: TITLE: TELEPHONE:

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in theBidding Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Siteconditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that mayaffect cost, progress and performance of the Work.

DRAFT


D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable “technical data” and, (2) reports and drawings of Hazardous Environmental Conditions, if any, at the site that have been identified in SC-4.06 as containing reliable “technical data”.

E. Bidder has considered the information known to Bidder; information commonly known to contractors

doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not

consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates

to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and

conditions for the performance of the Work for which this Bid is submitted.

ARTICLE 4 – FURTHER REPRESENTATIONS 4.01 Bidder further represents that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the

Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the

bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without

the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their

property to influence their participation in the bidding process or affect the execution of the Contract.

DRAFT

ARTICLE 5 - BASIS OF BID

5.01

Item Description Unit Qty. Unit Price Amount

1 Mobilization/Demobilization LS 1

2 Demolition LS 1

3 Stripping/Grubbing/Excavation SY 4370

4 Geotextile Fabric SY 4,370

5 Fill (including finish grading) CY 1100

6 Limestone (including finish grading) SY 4000

7 Paving SY 4000

8 Striping LS 1

9 Parking Blocks EA 20

10 Signs LS 1

11 Stripping for Concrete Aprons SY 1250

12 Fill for Concrete Aprons CY 200

13 Finish Grading for Concrete Aprons SY 950

14 Form and Pour Concrete Aprons SY 950

15 Trench Drain System LF 465

16 12" HDPE Storm Drain LF 700

17 15" HDPE Storm Drain LF 630

18 8" HDPE Single Wall LF 100

19 6" HDPE Single Wall LF 100

20 Inline Drains (including grate) (field drain) EA 16

21 Nyloplast CB (including grate) EA 9

22 6" - 8" Fittings EA 15

23 Tie into Existing Box LS 1

24 Select Material CY 220

Item Description Unit Qty. Unit Price Amount

1 Stripping/Grubbing/Excavation SY 2550

2 Fill (including finish grading) CY 1100

3 Geotextile Fabric SY 1600

4 Limestone (including finish grading) SY 1600

5 Paving SY 1600

6 Concrete Court SY 950

7 Court Striping and Equipment LS 1

8 Shade Cover LS 1

9 Lighting LS 1

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the Contract Documents

Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

BID SCHEDULE NO. 1 - MCC BALLPARK IMPROVEMENTS

TOTAL BID SCHEDULE NO. 2 (TO BE READ ALOUD):

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

BID SCHEDULE NO. 2 - BASKETBALL AREA

TOTAL BID SCHEDULE NO. 1 (TO BE READ ALOUD):

COMPTON ENGINEERING, INC. 218-049.006

BID FORM 00410-3

DRAFT


ARTICLE 5 – TIME OF COMPLETION 5.01 Bidder agrees that the Work will be substantially complete, and will be completed and ready for final payment

in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days included in the Agreement.

5.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times.

5.03 Submittals required under this Contract that would affect the start of actual construction can be submitted by

the Engineer/Contractor any time after the Owner issued the Notice of Award, notwithstanding the fact that the Contract has not been executed nor the Notice-To-Proceed issued. Notwithstanding the Engineer/Contractor’s right to make early submittals, No cause for a delay or time extension shall arise under the Contract unless the owner fails to respond to such submittals within 20 days after issuance of the Notice-to-Proceed and the delay impacts the Contract completion date. The time for completion of this Contract shall begin on the day the Notice-to-Proceed is issued by the Owner.

5.04 In the event the Bidder is awarded the Contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the Owner at the rate per calendar day as stated in the Contract until the work shall have been satisfactorily completed as provided by the Contract Documents.

5.05 Calculations for the specified liquidated damage amounts are on the file with the Engineer and available for

review upon request.

ARTICLE 6 – ATTACHMENTS TO THIS BID 6.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid security in the form of Bid Bond, Section 00430. B. Evidence of Authority to Execute. C. List of Subcontractors, Section 00437 D. Project References, Section 00438. E. CDBG Contract Provisions for Construction Contracts, Section 00810. F. Certification Regarding Debarment, Suspension, Non-Collusion and Other Responsibility Matters,

Section 00870. G. Contractor Certification Statement Standard Terms and Conditions and Federal Assurances, Section

00880. ARTICLE 7 – DEFINED TERMS 7.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders,

the General Conditions, and the Supplementary Conditions. DRAFT


ARTICLE 8 – BIDDER’S SIGNATURE AND SWORN STATEMENT STATE OF COUNTY OF BIDDER 9.01 The name of the bidder submitting this proposal is: Headquarters Address: Street City State Zip Phone Fax Email Local Mailing Address (if different than above): Street City State Zip Address to which all communications concerned with this Bid and with the resulting Contract shall be sent: Name Street or P.O. Box City State Zip Attention: Name Title Submitted on ______________________________, 20_____. State Contractor License No. ________________. (If applicable) 9.02 Bidder is: An Individual

Name (typed or printed): By: _________________________________________________________________________________ (SEAL)

(Individual’s signature)

Doing business as: _____________________________________________________________________

DRAFT


A Partnership

Partnership Name: _____________________________________________________________________ (SEAL) By: _________________________________________________________________________________

(Signature of general partner – attach evidence of authority to sign)

First Partner Name (typed or printed): Address: Second Partner Name (typed or printed: Address:

A Corporation

Corporation Name: ____________________________________________________________________ (SEAL) State of Incorporation: ____________________ Type (General Business, Professional, Service, Limited Liability): _______________________________ By: _________________________________________________________________________________

(Signature – attach evidence of authority to sign)

Name (typed or printed): ________________________________________________________________ Title: _______________________________________________________________________________

(CORPORATE SEAL) Attest: ______________________________________________________________________________

(Signature of Corporate Secretary)

Date of Qualification to do business in ________________ [State Where Project is Located] is ____\____\____.

A Joint Venture

Name of Joint Venturer: ________________________________________________________________ First Joint Venturer Name: ________________________________________________________ (SEAL) By: _________________________________________________________________________________

(Signature of first joint venture partner – attach evidence of authority to sign)

Name (typed or printed): ________________________________________________________________ Title: _______________________________________________________________________________ Second Joint Venturer Name: ______________________________________________________ (SEAL) By: _________________________________________________________________________________

(Signature of second joint venture partner – attach evidence of authority to sign)

Name (typed or printed): ________________________________________________________________ Title: _______________________________________________________________________________ (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

DRAFT


9.02 I (Bidder) have examined and prepared the foregoing Bid(s) based on the information contained in the Project Manual provided with the Bid; that I have checked the same in detail before submitting this Bid; that I have full authority to make such statements and submit this Bid in (its) (their) (my) behalf; and that these statements are true and correct.

Signature: Title: (Corporate Seal) NOTARY PUBLIC: Subscribe and sworn to before me this _____ day of _______, 20__. Notary Public – State of

My Commission expires (Notary Seal).

DRAFT

COMPTON ENGINEERING, INC. BID BOND 218-049.006 00430-1

SECTION 00430 BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address): City of Pascagoula P.O. Drawer 908 Pascagoula, MS 39568-0908 BID Bid Due Date: Description (Project Name and Include Location): MCC Ballpark Improvements BOND Bond Number: Date (Not earlier than Bid due date): Penal sum $ (Words) (Figures) Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: Signature Signature (Attach Power of Attorney) Print Name Print Name Title Title Attest: Attest: Signature Signature Title Title Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

DRAFT

COMPTON ENGINEERING, INC. BID BOND 218-049.006 00430-2

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation shall be null and void if:

3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2 All Bids are rejected by Owner, or

3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

DRAFT

COMPTON ENGINEERING, INC. LIST OF SUBCONTRACTORS 218-049.006 00437-1

SECTION 00437 LIST OF SUBCONTRACTORS

The Contractor shall list Subcontractors, Suppliers, individuals, or entities to be utilized on the Work. The name of the company or individual, the address, the item(s) of Work to be subcontracted, and the value of Work subcontracted shall be provided below. List the Subcontractors Certificate of Responsibility Number if the value of Work is equal to or greater than $50,000.

NAME: ADDRESS ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER: NAME: ADDRESS: ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER: NAME: ADDRESS: ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER: NAME: ADDRESS: ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER: NAME: ADDRESS: ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER:

NAME: ADDRESS: ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER: NAME: ADDRESS: ITEM(S) OF WORK: VALUE OF WORK: CERTIFICATE OF RESPONSIBILITY NUMBER:

The person to contact for additional information regarding this form: ___________________________________________________ ____________________________________

(Name) (Title)

Note: Should additional space be necessary to list all Subcontractors, bidder shall submit multiple copies of this form.

DRAFT

COMPTON ENGINEERING, INC. PROJECT REFERENCES 218-049.006 00438-1

SECTION 00438 PROJECT REFERENCES

The Contractor shall provide a list of five (5) similar projects that you have completed, with the contract amount, references, and contact information for each (preferably other than Compton Engineering projects). Project #1:

Location: Contract Amount:

Owner:

Contact: Phone No.:

Engineer:

Contact: Phone No.: Project #2:


Owner:

Contact: Phone No.:

Engineer:



Owner:

Contact: Phone No.:

Engineer:



Owner:

Contact: Phone No.:

Engineer:



Owner:

Contact: Phone No.:

Engineer:

Contact: Phone No.:

DRAFT

COMPTON ENGINEERING, INC. NOTICE OF AWARD 218-049.006 00510-1

SECTION 00510 NOTICE OF AWARD

Date:

Project:

MCC Ballpark Improvements Owner:

City of Pascagoula Contract No.:

Contract:

MCC Ballpark Improvements Engineer's Project No.:

218-049.006 Bidder:

Bidder's Address: (send Certified Mail, Return Receipt Requested)

You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for: MCC Ballpark Improvements The Contract Price of your Contract is ($ ). Three (3) copies of each of the proposed Contract Documents accompany this Notice of Award. You must comply with the following conditions precedent within ten (10) days of the date you receive this Notice of Award.

1. Deliver to the Owner three (3) fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract Documents the Contract security bonds and certificates of insurance, three (3) fully executed originals as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.03).

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited. Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents. City of Pascagoula, Owner

By: Authorized Signature

Title

ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of , 20 . By:

Title:

DRAFT

COMPTON ENGINEERING, INC. CONTRACT 218-049.006 00520-1

SECTION 00520 CONTRACT

THIS AGREEMENT is by and between CITY OF PASCAGOULA (Owner) and (Contractor). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project includes parking and drainage improvements, concrete aprons, and construction of a new outdoor basketball facility. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: MCC Ballpark Improvements – including parking and drainage improvements, concrete aprons, and construction of a new outdoor basketball facility. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by: Compton Engineering, Inc. 1969 Market Street Pascagoula, MS 39567 Engineer, who is to act as Owner’s representative, assumes all duties and responsibilities, and has the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 120 days after the date when the Contract Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 90 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties

DRAFT


involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $885.00 for each day that expires after the time specified in Paragraph 4.02 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 Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $545.00 for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A below:

A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.

(words) (numbers)

All specific cash allowances are included in the above price and have been computed in accordance with paragraph

11.02 of the General Conditions. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage

A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment in accordance with Article 14 of the General Conditions during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions:

a. 95 percent of Work completed (with the balance being retainage); and

b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being

retainage).

2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 97.5 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 2.5 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

6.03 Final Payment

A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.

DRAFT


ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate specified by Mississippi State Law. ARTICLE 8 - CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Agreement Contractor makes the following representations:

A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. 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, and performance of the Work.

C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable “technical data,” and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable “technical data.”

E. Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that

further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

H. 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.

I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents

A. The Contract Documents consist of the following:

1. This Agreement (pages 1 to 6, inclusive).

2. Performance bond (pages 1 to 2, inclusive). 3. Payment bond (pages 1 to 2, inclusive). 4. General Conditions (pages 0 to 43, inclusive).

DRAFT


5. Supplementary Conditions (pages 1 to 10, inclusive). 6. Specifications as listed in the table of contents of the Project Manual.

7. The Drawings listed on the sheet index included in or with the Project Manual.

8. Addenda (numbers to , inclusive).

9. Exhibits to this Agreement (enumerated as follows):

a. Contractor’s Bid (pages to , inclusive).

b. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive).

c. .

10. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not

attached hereto:

a. Notice to Proceed (1 page only).

b. Work Change Directives.

c. Change Order(s).

11. Certification Regarding Debarment, Suspension, Non-Collusion and Other Responsibility Matters as required by the Project Manager (page 1 only)

B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

C. There are no Contract Documents other than those listed above in this Article 9.

D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the

General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms

A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract

A. No assignment by a party hereto of any rights under or interests in the Contract 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. 10.03 Successors and Assigns

A. Owner and Contractor each binds itself, its 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.

DRAFT


10.04 Severability

A. 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 Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Contractor’s Certifications

A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05:

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the

action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or

the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the

knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to

influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions: N/A

DRAFT


IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on , (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CITY OF PASCAGOULA By: By: Title: Title:

[CORPORATE SEAL] [CORPORATE SEAL] Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: P.O. Drawer 908 Pascagoula, MS 39568-0908 License No.: (If Owner is a corporation, attach evidence of authority to sign. If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-Contractor Agreement.)

(Where applicable)

Agent for service or process: (If Contractor is a corporation or a partnership, attach evidence

of authority to sign.) DRAFT

COMPTON ENGINEERING, INC. NOTICE TO PROCEED 218-049.006 00550-1

SECTION 00550 NOTICE TO PROCEED

Date:

Project:

MCC Ballpark Improvements Owner:

City of Pascagoula Contract No.:

Contract:

MCC Ballpark Improvements Engineer's Project No.:

218-049.006

Bidder:

Bidder's Address: (send Certified Mail, Return Receipt Requested)

You are notified that the Contract Time under the above Contract will commence to run on .

On or before that date, you are to start performing your obligations under the Contract Documents. In accordance

with Article 4 of the Agreement, the number of days to achieve Substantial Completion is 120 calendar days, which

is , and the number of days to achieve readiness for final payment is 150 calendar days, which is

.

City of Pascagoula, Owner

By: Authorized Signature

Title

ACCEPTANCE OF NOTICE

Receipt of the above NOTICE TO PROCEED is hereby acknowledged by

this the day of , 20 . By: Title:

DRAFT

COMPTON ENGINEERING, INC. PERFORMANCE BOND 218-049.006 00610-1

SECTION 00610 PERFORMANCE BOND


CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address):

City of Pascagoula P.O. Drawer 908 Pascagoula, MS 39568-0908 CONTRACT Date: Amount: Description (Name and Location): MCC Ballpark Improvements BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.)

Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title:

DRAFT

COMPTON ENGINEERING, INC. PERFORMANCE BOND 218-049.006 00610-2

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference. 2. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 3.1. 3. If there is no Owner Default, Surety's obligation under this Bond shall arise after:

3.1. Owner has notified Contractor and Surety, at the addresses described in Paragraph 10 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and

3.2. Owner has declared a Contractor Default and formally terminated

Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 3.1; and

3.3. Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract;

2. Another contractor selected pursuant to Paragraph 4.3 to perform the

Contract. 4. When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly and at Surety's expense take one of the following actions:

4.1. Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

4.2. Undertake to perform and complete the Contract itself, through its agents

or through independent contractors; or

4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

4.4. Waive its right to perform and complete, arrange for completion, or obtain

a new contractor and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons

therefor. 5. If Surety does not proceed as provided in Paragraph 4 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 4.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

6. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To a limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

6.1. The responsibilities of Contractor for correction of defective Work and completion of the Contract;

6.2. Additional legal, design professional, and delay costs resulting from

Contractor's Default, and resulting from the actions or failure to act of Surety under Paragraph 4; and

6.3. Liquidated damages, or if no liquidated damages are specified in the

Contract, actual damages caused by delayed performance or non-performance of Contractor.

7. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions.

12.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

12.2. Contract: The agreement between Owner and Contractor identified on the

signature page, including all Contract Documents and changes thereto.

12.3. Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

12.4. Owner Default: Failure of Owner, which has neither been remedied nor

waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

FOR INFORMATION ONLY – Name, Address and Telephone Surety Agency or Broker Owner’s Representative (engineer or other party)

DRAFT

COMPTON ENGINEERING, INC. PAYMENT BOND 218-049.006 00615-1

SECTION 00615 PAYMENT BOND


CONTRACTOR (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (Name and Address):

City of Pascagoula P.O. Drawer 908 Pascagoula, MS 39568-0908 CONTRACT Date: Amount: Description (Name and Location): MCC Ballpark Improvements BOND Bond Number: Date (Not earlier than Contract Date): Amount: Modifications to this Bond Form: Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) (Space is provided below for signatures of additional parties, if required.)

Attest: Signature and Title CONTRACTOR AS PRINCIPAL SURETY Company: Signature: (Seal) (Seal) Name and Title: Surety’s Name and Corporate Seal By: Signature and Title (Attach Power of Attorney) Attest: Signature and Title:

DRAFT

COMPTON ENGINEERING, INC. PAYMENT BOND 218-049.006 00615-2

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference. 2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2. Defends, indemnifies, and holds harmless Owner from all claims,

demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due. 4. Surety shall have no obligation to Claimants under this Bond until:

4.1. Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the addresses described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or

notice thereof, to Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

2. Have either received a rejection in whole or in part from Contractor,

or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written

notice to Surety and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance. 6. When a Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at Surety's expense take the following actions:

6.1. Send an answer to that Claimant, with a copy to Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed.

6.2. Pay or arrange for payment of any undisputed amounts.

7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work. 9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related Subcontracts, purchase orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond. 14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS

15.1. Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's Subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2. Contract: The agreement between Owner and Contractor identified on

the signature page, including all Contract Documents and changes thereto.

15.3. Owner Default: Failure of Owner, which has neither been remedied nor

waived, to pay Contractor as required by the Contract or to perform and complete or comply with the other terms thereof.

FOR INFORMATION ONLY – Name, Address and Telephone Surety Agency or Broker: Owner’s Representative (engineer or other party):

DRAFT

EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

00700-0

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 Laws and Regulations.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES ______________________

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

______________________

AMERICAN SOCIETY OF CIVIL ENGINEERS _______________________

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

DRAFT


00700-1

These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and Contractor (EJCDC C-520 or C-525, 2007 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 Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (EJCDC C-800, 2007 Edition).

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

DRAFT


00700-2

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology ............................................................................................................................................. 5 1.01 Defined Terms ............................................................................................................................................................. 5 1.02 Terminology ................................................................................................................................................................ 7

Article 2 – Preliminary Matters ............................................................................................................................................................ 8 2.01 Delivery of Bonds and Evidence of Insurance ........................................................................................................... 8 2.02 Copies of Documents .................................................................................................................................................. 8 2.03 Commencement of Contract Times; Notice to Proceed ............................................................................................. 8 2.04 Starting the Work ........................................................................................................................................................ 8 2.05 Before Starting Construction ....................................................................................................................................... 8 2.06 Preconstruction Conference; Designation of Authorized Representatives ................................................................ 9 2.07 Initial Acceptance of Schedules .................................................................................................................................. 9

Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................................................... 9 3.01 Intent ............................................................................................................................................................................ 9 3.02 Reference Standards .................................................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ..................................................................................................................... 9 3.04 Amending and Supplementing Contract Documents ............................................................................................... 10 3.05 Reuse of Documents .................................................................................................................................................. 10 3.06 Electronic Data .......................................................................................................................................................... 10

Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points11 4.01 Availability of Lands ................................................................................................................................................. 11 4.02 Subsurface and Physical Conditions ......................................................................................................................... 11 4.03 Differing Subsurface or Physical Conditions ........................................................................................................... 11 4.04 Underground Facilities .............................................................................................................................................. 12 4.05 Reference Points ........................................................................................................................................................ 13 4.06 Hazardous Environmental Condition at Site ............................................................................................................ 13

Article 5 – Bonds and Insurance ........................................................................................................................................................ 14 5.01 Performance, Payment, and Other Bonds ................................................................................................................. 14 5.02 Licensed Sureties and Insurers .................................................................................................................................. 14 5.03 Certificates of Insurance ............................................................................................................................................ 15 5.04 Contractor’s Insurance .............................................................................................................................................. 15 5.05 Owner’s Liability Insurance ...................................................................................................................................... 16 5.06 Property Insurance ..................................................................................................................................................... 16 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 5.10 Partial Utilization, Acknowledgment of Property Insurer ........................................................................................ 18

Article 6 – Contractor’s Responsibilities ........................................................................................................................................... 18 6.01 Supervision and Superintendence ............................................................................................................................. 18 6.02 Labor; Working Hours .............................................................................................................................................. 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

DRAFT


00700-3

6.08 Permits ....................................................................................................................................................................... 21 6.09 Laws and Regulations ............................................................................................................................................... 22 6.10 Taxes .......................................................................................................................................................................... 22 6.11 Use of Site and Other Areas ...................................................................................................................................... 22 6.12 Record Documents .................................................................................................................................................... 22 6.13 Safety and Protection ................................................................................................................................................. 23 6.14 Safety Representative ................................................................................................................................................ 23 6.15 Hazard Communication Programs ............................................................................................................................ 23 6.16 Emergencies ............................................................................................................................................................... 23 6.17 Shop Drawings and Samples ..................................................................................................................................... 24 6.18 Continuing the Work ................................................................................................................................................. 25 6.19 Contractor’s General Warranty and Guarantee ........................................................................................................ 25 6.20 Indemnification .......................................................................................................................................................... 25 6.21 Delegation of Professional Design Services ............................................................................................................. 26

Article 7 – Other Work at the Site ..................................................................................................................................................... 26 7.01 Related Work at Site .................................................................................................................................................. 26 7.02 Coordination .............................................................................................................................................................. 27 7.03 Legal Relationships ................................................................................................................................................... 27

Article 8 – Owner’s Responsibilities ................................................................................................................................................. 27 8.01 Communications to Contractor ................................................................................................................................. 27 8.02 Replacement of Engineer .......................................................................................................................................... 27 8.03 Furnish Data .............................................................................................................................................................. 27 8.04 Pay When Due ........................................................................................................................................................... 27 8.05 Lands and Easements; Reports and Tests ................................................................................................................. 27 8.06 Insurance .................................................................................................................................................................... 27 8.07 Change Orders ........................................................................................................................................................... 27 8.08 Inspections, Tests, and Approvals ............................................................................................................................. 27 8.09 Limitations on Owner’s Responsibilities .................................................................................................................. 27 8.10 Undisclosed Hazardous Environmental Condition................................................................................................... 28 8.11 Evidence of Financial Arrangements ........................................................................................................................ 28 8.12 Compliance with Safety Program ............................................................................................................................. 28

Article 9 – Engineer’s Status During Construction ........................................................................................................................... 28 9.01 Owner’s Representative ............................................................................................................................................ 28 9.02 Visits to Site ............................................................................................................................................................... 28 9.03 Project Representative ............................................................................................................................................... 28 9.04 Authorized Variations in Work ................................................................................................................................. 28 9.05 Rejecting Defective Work ......................................................................................................................................... 28 9.06 Shop Drawings, Change Orders and Payments ........................................................................................................ 29 9.07 Determinations for Unit Price Work ......................................................................................................................... 29 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................................................... 29 9.09 Limitations on Engineer’s Authority and Responsibilities ....................................................................................... 29 9.10 Compliance with Safety Program ............................................................................................................................. 30

Article 10 – Changes in the Work; Claims ........................................................................................................................................ 30 10.01 Authorized Changes in the Work .............................................................................................................................. 30 10.02 Unauthorized Changes in the Work .......................................................................................................................... 30 10.03 Execution of Change Orders ..................................................................................................................................... 30 10.04 Notification to Surety ................................................................................................................................................ 30 10.05 Claims ........................................................................................................................................................................ 30

Article 11 – Cost of the Work; Allowances; Unit Price Work .......................................................................................................... 31 11.01 Cost of the Work ....................................................................................................................................................... 31 11.02 Allowances ................................................................................................................................................................ 33

DRAFT


00700-4

11.03 Unit Price Work ......................................................................................................................................................... 33

Article 12 – Change of Contract Price; Change of Contract Times .................................................................................................. 33 12.01 Change of Contract Price .......................................................................................................................................... 33 12.02 Change of Contract Times ......................................................................................................................................... 34 12.03 Delays ........................................................................................................................................................................ 34

Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................................................... 35 13.01 Notice of Defects ....................................................................................................................................................... 35 13.02 Access to Work ......................................................................................................................................................... 35 13.03 Tests and Inspections ................................................................................................................................................. 35 13.04 Uncovering Work ...................................................................................................................................................... 35 13.05 Owner May Stop the Work ....................................................................................................................................... 36 13.06 Correction or Removal of Defective Work............................................................................................................... 36 13.07 Correction Period....................................................................................................................................................... 36 13.08 Acceptance of Defective Work ................................................................................................................................. 36 13.09 Owner May Correct Defective Work ........................................................................................................................ 37

Article 14 – Payments to Contractor and Completion ....................................................................................................................... 37 14.01 Schedule of Values .................................................................................................................................................... 37 14.02 Progress Payments ..................................................................................................................................................... 37 14.03 Contractor’s Warranty of Title .................................................................................................................................. 39 14.04 Substantial Completion ............................................................................................................................................. 39 14.05 Partial Utilization ....................................................................................................................................................... 39 14.06 Final Inspection ......................................................................................................................................................... 40 14.07 Final Payment ............................................................................................................................................................ 40 14.08 Final Completion Delayed ........................................................................................................................................ 41 14.09 Waiver of Claims ....................................................................................................................................................... 41

Article 15 – Suspension of Work and Termination ........................................................................................................................... 41 15.01 Owner May Suspend Work ....................................................................................................................................... 41 15.02 Owner May Terminate for Cause .............................................................................................................................. 41 15.03 Owner May Terminate For Convenience ................................................................................................................. 42 15.04 Contractor May Stop Work or Terminate ................................................................................................................. 42

Article 16 – Dispute Resolution ......................................................................................................................................................... 42 16.01 Methods and Procedures ........................................................................................................................................... 42

Article 17 – Miscellaneous ................................................................................................................................................................. 43 17.01 Giving Notice ............................................................................................................................................................ 43 17.02 Computation of Times ............................................................................................................................................... 43 17.03 Cumulative Remedies ................................................................................................................................................ 43 17.04 Survival of Obligations ............................................................................................................................................. 43 17.05 Controlling Law......................................................................................................................................................... 43 17.06 Headings .................................................................................................................................................................... 43

DRAFT


00700-5

ARTICLE 1 – 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 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) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

15. Contractor—The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work—See Paragraph 11.01 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.

DRAFT


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 1 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.

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, ordinances, 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 completion 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 Contract 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 nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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

DRAFT


00700-7

furnished by Owner which are designated for the use of Contractor.

42. 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 administrative requirements and procedural matters applicable thereto.

43. 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.

44. 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.

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor.

48. 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.

49. Unit Price Work—Work to be paid for on the basis of unit prices.

50. 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.

51. 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 words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated 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 information in the Contract Documents and with the design concept of the 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:

DRAFT


00700-8

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).

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 “provide” 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 that 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

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

2.04 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction

A. 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 subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during

DRAFT


00700-9

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; Designation of Authorized Representatives

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.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.07 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within 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 Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated 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 Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents.

2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents.

3.03 Reporting and Resolving Discrepancies

A. Reporting Discrepancies:

DRAFT


00700-10

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 discovers, or has actual knowledge of, 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 (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then 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 6.16.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, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge 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, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents); or

b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

3.04 Amending and Supplementing Contract Documents

A. The Contract Documents may be amended to provide for additions, deletions, and revisions

in the Work or to modify the terms and conditions thereof 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 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 its consultants, including electronic media editions; or

2. reuse any 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 adaptation by Engineer.

B. The prohibitions 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. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to Contractor, or by 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

DRAFT


00700-11

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.

4.02 Subsurface and Physical Conditions

A. Reports and Drawings: The Supplementary Conditions identify:

1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site; and

2. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors 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 subsurface or physical condition that is uncovered or revealed either:

1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or

2. is of such a nature as to require a change in the Contract Documents; or

3. differs materially from that shown or indicated in the Contract Documents; or

4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents;

then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by

DRAFT


00700-12

Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so.

B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions.

C. Possible Price and Times Adjustments:

1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, 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, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor’s making such final commitment; or

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, neither Owner or Engineer, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors shall be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project.

4.04 Underground Facilities

A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:

1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; 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 Underground 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

DRAFT


00700-13

review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility.

2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price 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: The Supplementary Conditions identify those reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at the Site.

B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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

officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to:

1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or

2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or

3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information.

C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom 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. Promptly after consulting with Engineer, Owner shall take such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor the written notice required by Paragraph 4.06.E.

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 written notice to Contractor: (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

DRAFT


00700-14

such Work stoppage or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05.

F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in Paragraph 10.05. Owner may have such deleted portion of the Work performed by Owner’s own forces or others in accordance with Article 7.

G. To the fullest extent permitted by Laws and Regulations, Owner shall indemnify and hold harmless Contractor, Subcontractors, and Engineer, and the officers, directors, members, 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 consequences of that individual’s or entity’s own negligence.

H. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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

5.01 Performance, Payment, and Other Bonds

A. Contractor shall furnish performance and payment bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. These bonds shall remain in effect until one year after the date when final payment becomes due or until completion of the correction period specified 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 list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.

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.B, 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.B and 5.02.

5.02 Licensed Sureties and Insurers

A. All bonds and insurance required by the Contract Documents to be purchased and maintained by Owner or Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions.

DRAFT


00700-15

5.03 Certificates of Insurance

A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee 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 and loss payee 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.

C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will be adequate to protect Contractor.

E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

5.04 Contractor’s Insurance

A. Contractor shall purchase and maintain such 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 sustained:

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, be written on an occurrence basis, include as additional insureds (subject to any customary exclusion regarding professional liability) Owner and Engineer, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, members, 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;

3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs 6.11 and 6.20;

4. 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);

DRAFT


00700-16

5. 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

6. include completed operations coverage:

a. Such insurance shall remain in effect for two years after final payment.

b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner and any such additional insured of continuation of such insurance at final payment and one year thereafter.

5.05 Owner’s Liability Insurance

A. In addition to the insurance required to be provided by Contractor under Paragraph 5.04, Owner, at Owner’s option, may purchase and maintain at Owner’s expense Owner’s own liability insurance as will protect Owner against claims which may arise from operations under the Contract Documents.

5.06 Property Insurance

A. Unless otherwise provided in the Supplementary Conditions, Owner shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall:

1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, members, 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 a loss payee;

2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework, 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 that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions.

3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects);

4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by Owner prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by Engineer;

5. allow for partial utilization of the Work by Owner;

6. include testing and startup; and

7. be maintained in effect until final payment is made unless otherwise agreed to in writing by Owner, Contractor, and Engineer with 30 days written notice to each other loss payee to whom a certificate of insurance has been issued.

B. Owner shall purchase and maintain such equipment breakdown 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, members, 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 a loss payee.

C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained 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 and Contractor and to each other loss payee to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph 5.07.

D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by Contractor, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser’s own expense.

DRAFT


00700-17

E. If Contractor requests in writing that other special insurance be included in the property insurance policies provided under this 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 Supplementary Conditions as loss payees (and the officers, directors, members, 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 loss payees thereunder. Owner and Contractor waive all rights against each other and their respective officers, directors, members, 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 as loss payees (and the officers, directors, members, 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, members, 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, members, 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 loss payees, 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 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

DRAFT


00700-18

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 superintendent who shall not be replaced without written notice to Owner and Engineer except under extraordinary circumstances.

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 Documents. Contractor shall at all times maintain good discipline and order at the Site.

B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours. 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.

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 adjustments

DRAFT


00700-19

will comply with any provisions of the General Requirements 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; and

3) it has a proven record of performance and availability of responsive service.

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 if 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 by 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 substitute 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 prejudice Contractor’s achievement of Substantial Completion on time,

DRAFT


00700-20

b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with Owner for other work on the Project) to adapt the design to the proposed substitute item, and

c) whether incorporation or use of the proposed substitute item in connection 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; and

4) shall contain an itemized estimate 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 Procedures: 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 a Change Order in the case of a substitute and 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 so proposed or submitted by Contractor, Contractor shall reimburse Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor shall also reimburse Owner for the reasonable charges of Engineer for making changes in the Contract Documents (or in the provisions of 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 Subcontractor, Supplier, or other individual or entity (including those acceptable to Owner as indicated in Paragraph 6.06.B), whether initially or as a replacement, against whom Owner may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection.

B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to Owner in advance for acceptance by Owner by a specified date prior to the Effective Date of the Agreement, and if Contractor has submitted a list thereof in accordance with the Supplementary Conditions, Owner’s acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. 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 constitute a waiver of any right of Owner or Engineer to reject defective Work.

DRAFT


00700-21

C. Contractor shall be fully responsible to Owner and Engineer for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents:

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 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 or entity except as may otherwise be required by Laws and Regulations.

D. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor.

E. Contractor shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with Engineer through Contractor.

F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control Contractor in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade.

G. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of Owner and Engineer. Whenever any such agreement is with a Subcontractor or Supplier who is listed as a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers, directors, members, 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, Owner shall indemnify and hold harmless Contractor, and its officers, directors, members, partners, employees, agents, consultants, and subcontractors 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 specified in the Contract Documents, but not identified as being subject to payment of any license fee or royalty to others required by patent rights or copyrights.

C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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 Supplementary Conditions, Contractor shall obtain and pay for all construction permits and licenses. Owner shall assist Contractor, when necessary, in obtaining such permits and

DRAFT


00700-22

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 applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s 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.

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 equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted

by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work.

2. Should any claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law.

3. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, 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 completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents.

D. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it.

6.12 Record Documents

A. Contractor shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field

DRAFT


00700-23

Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to Engineer for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to Engineer for Owner.

6.13 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. 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. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.

D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program with which Owner’s and Engineer’s employees and representatives must comply while at the Site.

E. 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 Drawings or Specifications or to the acts or omissions of Owner or Engineer 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).

F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and Engineer has issued a notice to Owner and Contractor in accordance with Paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

6.14 Safety Representative

A. Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

6.15 Hazard Communication Programs

A. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

6.16 Emergencies

A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give Engineer prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If Engineer determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

DRAFT


00700-24

6.17 Shop Drawings and Samples

A. Contractor shall submit Shop Drawings and Samples to Engineer for review and approval in accordance with the accepted 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:

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:

a. 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;

b. determined and verified all field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;

c. determined and verified the suitability of all materials offered with respect to the indicated application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; and

d. determined and verified all information relative to Contractor’s responsibilities for means, methods, techniques, sequences, and procedures of construction, and safety precautions and programs incident thereto.

2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents 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 Drawings or Sample submittal; and, in addition, by a specific notation made on each Shop Drawing or Sample submitted 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 Documents.

2. Engineer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.

3. Engineer’s review and approval 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

DRAFT


00700-25

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:

1. Contractor shall make corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and submit, as required, new Samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer on previous submittals.

6.18 Continuing the Work

A. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except 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 officers, directors, members, partners, employees, agents, consultants, and subcontractors 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, Subcontractors, 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 acceptability 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, members, 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 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 officers, directors, members, partners, employees, agents, consultants, or subcontractors by any employee (or the survivor or personal representative of such employee) of Contractor, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under Paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any such Subcontractor, Supplier, or other individual or entity under workers’ compensation acts, disability benefit acts, or other employee benefit acts.

DRAFT


00700-26

C. The indemnification obligations of Contractor under Paragraph 6.20.A shall not extend to the liability of Engineer and Engineer’s officers, directors, members, 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.1.

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 through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract 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, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and 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 properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' 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

DRAFT


00700-27

report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects and deficiencies in such other work.

7.02 Coordination

A. If Owner intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions:

1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified;

2. the specific matters to be covered by such authority and responsibility will be itemized; and

3. the extent of such authority and responsibilities will be provided.

B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and 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 wrongful actions or inactions.

C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s wrongful 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 with respect to 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 relating to existing surface or subsurface structures at the Site.

8.06 Insurance

A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property insurance are set forth in Article 5.

8.07 Change Orders

A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.

8.08 Inspections, Tests, and Approvals

A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03.B.

8.09 Limitations on Owner’s Responsibilities

A. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of 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.

DRAFT


00700-28

8.10 Undisclosed Hazardous Environmental Condition

A. Owner’s responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06.

8.11 Evidence of Financial Arrangements

A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial arrangements have been made to satisfy Owner’s obligations under the Contract Documents.

8.12 Compliance with Safety Program

A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph 6.13.D.

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Owner’s Representative

A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities and the limitations of authority of Engineer as Owner’s representative during construction are set forth in the Contract Documents.

9.02 Visits to Site

A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as Engineer deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, Engineer, for the benefit of Owner, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. Engineer will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. Engineer’s efforts will be directed toward providing for Owner a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, Engineer will keep Owner informed of the progress of the Work and will endeavor to guard Owner against defective Work.

B. Engineer’s visits and observations are subject to all the limitations on Engineer’s authority and responsibility set forth in Paragraph 9.09. 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 Documents. These may be accomplished by a Field Order and will be binding on Owner and also on Contractor, who shall perform the Work involved promptly. If Owner or Contractor believes that a Field Order justifies an adjustment in the Contract Price or 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.

DRAFT


00700-29

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 believes 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 or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by Engineer shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by Engineer to Contractor, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

B. Engineer will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Engineer will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

C. Engineer will not be responsible for the acts or omissions of Contractor or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work.

D. Engineer’s review of the final Application for Payment and accompanying documentation and all 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 requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents.

E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the Resident Project Representative, if any, and assistants, if any.

DRAFT


00700-30

9.10 Compliance with Safety Program

A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Engineer has been informed pursuant to Paragraph 6.13.D.

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 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.D.

10.03 Execution of Change Orders

A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering:

1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under 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 the provisions of any bond require notice to be given to a surety 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), 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 Times 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).

DRAFT


00700-31

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.

F. No Claim for an adjustment in Contract Price or Contract Times will be valid if not submitted in accordance with this Paragraph 10.05.

ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, 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 not include any of the costs itemized in Paragraph 11.01.B, and shall include only the following items:

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 on the Work. 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 payments, in which case the cash discounts shall accrue to Owner. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to Owner, and Contractor shall make provisions so that they may be obtained.

3. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by Owner, Contractor shall obtain competitive bids from subcontractors acceptable to Owner and Contractor and shall deliver such bids to Owner, who will then determine, with the advice of Engineer, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01.

4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work.

5. Supplemental costs including the following:

a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work.

b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers,

DRAFT


00700-32

which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor.

c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by Owner with the advice of Engineer, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, 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, as 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 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, express and courier services, 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, attorneys, 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.

4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property.

5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A.

C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.

D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized cost breakdown together with supporting data.

DRAFT


00700-33

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.

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 significantly from the estimated quantity of such item indicated in the Agreement; and

2. there is no corresponding adjustment with respect to 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 application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or

2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2); or

3. where the Work involved is not covered by unit prices contained in the Contract Documents and 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

DRAFT


00700-34

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 of the various portions of the Cost of the Work:

a. for costs incurred under Paragraphs 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15 percent;

b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent;

c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor;

d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and 11.01.B;

e. the amount of credit to be allowed by Contractor to Owner for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent of such net decrease; and

f. when both additions and credits are 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

A. The Contract Times may only be changed by a Change Order. Any Claim for an adjustment in the Contract Times shall be based on written notice submitted by the party making the Claim to the Engineer and the other party to the Contract in accordance with the provisions of Paragraph 10.05.

B. Any adjustment of the Contract Times 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.

12.03 Delays

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 contemplated 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 their officers, directors, members, partners, employees, agents, consultants, or subcontractors 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.

E. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delays within the control of Contractor. Delays attributable to and

DRAFT


00700-35

within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor.

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. 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, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s 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.B shall be paid as provided in Paragraph 13.04.C; and

3. as otherwise specifically provided in the Contract Documents.

C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, Contractor shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all

costs in connection therewith, and furnish Engineer the required certificates of inspection or approval.

D. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for Owner’s and Engineer’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to Owner and Engineer.

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, Contractor shall, if requested by Engineer, uncover such Work 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.

DRAFT


00700-36

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

A. Promptly after receipt of written 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.

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 removed 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

DRAFT


00700-37

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 for 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 possession 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 provided in Paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to Engineer. Progress payments on account of Unit Price Work will be based on the number of units completed.

14.02 Progress Payments

A. Applications for Payments:

1. 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.

DRAFT


00700-38

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 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 indicated;

b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Unit Price Work under Paragraph 9.07, and 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 every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in the Contract Documents; or

b. 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 subsequently discovered evidence or the results of subsequent 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 replacement;

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

DRAFT


00700-39

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 furnishing of the Work;

b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to Owner to secure the satisfaction and discharge of such Liens;

c. there are other items entitling Owner to a set-off against the amount recommended; or

d. Owner has actual knowledge of the 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 remedies the reasons for such action.

3. Upon a subsequent determination 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 and subject to interest as provided in the Agreement.

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 corrected) 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 recommendation 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 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 remove its property and 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

DRAFT


00700-40

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 conditions:

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, Owner, and Engineer will follow the procedures of Paragraph 14.04.A through D 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 substantially 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

A. Upon written notice from Contractor that the entire Work or an agreed portion thereof is complete, Engineer will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.07 Final Payment

A. Application for Payment:

1. After Contractor has, in the opinion of Engineer, satisfactorily completed all corrections identified

during the final inspection and has delivered, in accordance with the Contract Documents, all 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.6;

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 might in any way be responsible, or which might in any way result in liens or other burdens on Owner's property, 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:

1. If, on the basis of Engineer’s observation of the Work during construction and final inspection, and Engineer’s review of the final Application for Payment and accompanying documentation as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor’s other obligations under the Contract Documents have been fulfilled, Engineer will, within ten days after receipt of the final Application for Payment, indicate in writing Engineer’s recommendation of payment and present the Application for Payment to Owner for payment. At the same time Engineer will also give

DRAFT


00700-41

written notice to Owner and Contractor that the Work is acceptable subject to the provisions of Paragraph 14.09. Otherwise, Engineer will return the Application for Payment to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case 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 documentation, 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

2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance 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 adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if Contractor makes a Claim therefor as provided in Paragraph 10.05.

15.02 Owner May Terminate for Cause

A. The occurrence of any one or more of the following events will justify termination for cause:

1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the Progress Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04);

2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction;

3. Contractor’s repeated 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

3. complete the Work as Owner may deem expedient.

DRAFT


00700-42

C. If Owner proceeds as provided in Paragraph 15.02.B, 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.B 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.B 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 governed by the Construction Industry Mediation Rules of the

DRAFT


00700-43

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 the 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 Regulations, 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, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the 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.

DRAFT

PREPARED FOR CITY OF PASCAGOULA SUPPLEMENTARY CONDITIONS COMPTON ENGINEERING, INC. OF THE CONSTRUCTION CONTRACT 00800-1

SUPPLEMENTARY CONDITIONS OF THE

CONSTRUCTION CONTRACT

Prepared by

COMPTON ENGINEERING, INC.

for

CITY OF PASCAGOULA

DRAFT


TABLE OF CONTENTS Page

GENERAL ...............................................................................................................................................................................3 SPECIFIC COMMENTS .........................................................................................................................................................3

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY ...............................................................................................3 SC-1.01.A.19 Engineer ................................................................................................................................................3 SC-1.01.A.29 Owner ...................................................................................................................................................3 SC-1.01.A.44 Substantial Completion ........................................................................................................................3 ARTICLE 2 – PRELIMINARY MATTERS .................................................................................................................3 SC-2.02 Copies of Documents ...........................................................................................................................3 SC-2.03 Commencement of Contract Times; Notice to Proceed ......................................................................3 SC-2.07 Initial Acceptance of Schedules ...........................................................................................................3 SC-2.08 Narrative Report Outline ......................................................................................................................4 ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..................................................... 4 SC-3.03.B Resolving Discrepancies ......................................................................................................................4 ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ...................................................... 4 SC-4.02 Subsurface and Physical Conditions ....................................................................................................4 SC-4.02.C Site Surveys ..........................................................................................................................................4 SC-4.05 Reference Points ...................................................................................................................................4 SC-4.06 Hazardous Environmental Conditions at Site ......................................................................................4 SC-4.07 Site Investigation and Representation ..................................................................................................4 ARTICLE 5 – BONDS AND INSURANCE .................................................................................................................5 SC-5.03 Certificates of Insurance .......................................................................................................................5 SC-5.04 Contractor’s Liability Insurance ..........................................................................................................5 SC-5.06.A Property Insurance ................................................................................................................................6 SC-5.06.B (Boiler, Machinery and Other Property Insurance) .............................................................................7 SC-5.06.E (Contractor’s Special Insurance) .........................................................................................................7 SC-5.11 Additional Insured ................................................................................................................................7 ARTICLE 6 – CONTRACTOR’S RESPONSIBILITY ................................................................................................7 SC-6.06 Concerning Subcontractors, Suppliers, and Others .............................................................................7 SC-6.12 Record Documents ...............................................................................................................................7 SC-6.17 Shop Drawings and Samples................................................................................................................7 SC-6.19 Contractor’s General Warrantee and Guarantee ..................................................................................7 ARTICLE 7 – OTHER WORK AT SITE ......................................................................................................................7 SC-7.04 Claims Between Contractors ................................................................................................................7 ARTICLE 8 – OWNER’S RESPONSIBLITIES ...........................................................................................................8 SC-8.11 Evidence of Financial Arrangements ...................................................................................................8 ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION .......................................................................8 SC-9.03 Project Representative ..........................................................................................................................8 ARTICLE 10 – CHANGES IN THE WORK; CLAIMS ..............................................................................................8 ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ...................................................8 SC-11.03.D (Claim for Adjustment in the Contract Price) ......................................................................................8 ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT ITEMS ......................................9 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTIONS, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ......................................................................................................................................................9 SC-13.03.A (Timely Notice) ....................................................................................................................................9 ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION ................................................................9 SC-14.02.A1 Applications for Payments ...................................................................................................................9 SC-14.02.A.3 Applications for Payments ...................................................................................................................9 SC-14.02.C Payment Becomes Due ........................................................................................................................9 SC-14.07.C.1 Payment Becomes Due ........................................................................................................................10 ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION ...........................................................................10 ARTICLE 16 – DISPUTE RESOLUTION....................................................................................................................10 ARTICLE 17 – MISCELLANEOUS .............................................................................................................................10 SC-17.05 Controlling Law ...................................................................................................................................10

DRAFT


SUPPLEMENTARY CONDITIONS

Prepared for City of Pascagoula GENERAL These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. C-700, 2007 Edition) and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings stated in the General Conditions. Additional terms used in these Supplementary Conditions have the same meanings stated below, which are applicable to both the singular and plural thereof. The Contractor's attention is directed to Division 1, GENERAL REQUIREMENTS, which contains other directions pertinent to the project. SPECIFIC COMMENTS ARTICLE 1 – DEFINITIONS AND TERMINOLOGY SC-1.01.A.19. Engineer -- ADD the following language at the end of the last sentence in Paragraph 1.01.A.19: Wherever in these Contract Documents the word "Engineer" or "E/A" or "A/E" appears, it shall be understood to mean the Engineer, Compton Engineering, Inc., and their authorized representatives, acting either directly or indirectly as authorized agents of the Owner. SC-1.01.A.29. Owner -- ADD the following language at the end of the last sentence in Paragraph 1.01.A.29: Whenever in these Contract Documents the word "Owner" appears, it shall be understood to mean the City of Pascagoula and their authorized representatives. SC-1.01.A.44. Substantial Completion – AMEND the language in the first sentence of Paragraph 1.01.A.44 to read as follows: CHANGE the language from “in the opinion of Engineer,” to “in the opinion of the Engineer and Owner,” ARTICLE 2 – PRELIMINARY MATTERS SC-2.02 Copies of Documents AMEND the language in the first sentence in Paragraph 2.02.A to read as follows: CHANGE the language from “up to ten” to “up to three unless otherwise noted in Article 4”. SC-2.03 Commencement of Contract Times; Notice to Proceed AMEND the language in the third sentence in Paragraph 2.03.A to read as follows: CHANGE the language from “later than the sixtieth day” to “later than the ninetieth day”. SC-2.07 Initial Acceptance of Schedules ADD the following new language at the end of Paragraph 2.07.A.2: The requirements for specification Section 01330 - Submittals shall also be met prior to accepting the Schedule of Submittals.

DRAFT


SC-2.08 Narrative Report Outline ADD the following new paragraph immediately following Paragraph 2.07: SC-2.08 A narrative report as outlined in Specification section 01311 shall be required and shall accompany all

Payment Applications prior to approval. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC-3.03.B Resolving Discrepancies ADD the following new language at the end of this section: c. Whenever the Contract Documents contain contradictions or discrepancies within the document, the most

costly means or method shall be applied. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS SC-4.02 Subsurface and Physical Conditions DELETE Paragraphs and 4.02.B in its entirety and INSERT the following in their place: B. Not Used. C. No reports or explorations or tests of subsurface conditions at or contiguous to the Site are known to the Owner

or Engineer. SC-4.02.C Site Surveys ADD the following new paragraph immediately after Paragraph 4.02.B: C. Site Surveys: Site survey information has been compiled from past records and limited field investigations and

although stated with as much accuracy as possible, may contain errors or discrepancies. Contractor shall perform investigations as necessary to accomplish the Work. Any unknown item encountered that impacts the Work shall be handled under Article 4.03.

SC-4.05 Reference Points AMEND the language in the second sentence of Paragraph 4.05.A to read as follows: CHANGE the language from “without prior written approval of Owner” to “without prior written approval of Owner and Engineer”. SC-4.06 Hazardous Environmental Conditions at Site DELETE Paragraphs 4.06.A and 4.06.B in their entirety and INSERT the following in their place: A. No reports or drawings of hazardous conditions at the site are known to the Owner or Engineer. B. Not used. SC-4.07 Site Investigation and Representation ADD the following new paragraph immediately after Paragraph 4.06: SC-4.07 Site Investigation and Representation

The Contractor acknowledges that he has satisfied himself as to the nature and location of the Work; the general and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; uncertainties of weather, river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during the prosecution of the work; and all other matters which can in any affect the Work or the cost thereof under this Contract. The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of surface and subsurface materials and groundwater to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the Work. Neither the Owner nor the Engineer assumes responsibility for any conclusion or interpretation made by the Contractor.

DRAFT


ARTICLE 5 – BONDS AND INSURANCE SC-5.03 Certificates of Insurance ADD the following new paragraph immediately after Paragraph 5.03.E: F. The Contractor shall be required to submit a Certificate of Insurance with every pay application; or, no later

than every thirty (30) days for the term of Contract. If an approved Certificate of Insurance is not included with the pay application, then it will be considered non-compliant with the Contract Documents and returned to the Contractor.

SC-5.04 Contractor’s Liability Insurance ADD the following new paragraph immediately after Paragraph 5.04.B: C. The limits of liability for the insurance required by Paragraph 5.04 of the General Conditions shall provide

coverages for not less than the following amounts or greater where required by Laws and Regulations:

1. Worker’s Compensation, and related coverage under Paragraph 5.04.A.1 and A.2 of the General Conditions:

a. State: Statutory b. Applicable Federal: Statutory (e.g. Longshoreman’s) c. Employer’s Liability: $100,000 or Statutory

2. Contractor’s General Liability under Paragraph 5.04.A.3 through A.6 of the General Conditions

which shall include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor:

a. General Aggregate: $ 2,000,000.00 b. Products- Completed $ 2,000,000.00

Operations Aggregate

c. Personal and Advertising $ 2,000,000.00 Injury

d. Each Occurrence (Bodily $ 2,000,000.00

Injury and Property Damage)

e. Property Damage liability insurance will provide Explosion, Collapse and Under-ground coverages where applicable.

f. Excess or Umbrella Liability

1) General Aggregate $ 2,000,000.00 2) Each Occurrence $ 2,000,000.00

3. Automobile Liability under Paragraph 5.04.A.6 of the General Conditions:

a. Bodily Injury:

Each Person $ 2,000,000.00 Each Accident $ 2,000,000.00

b. Property Damage:

Each Accident $ 2,000,000.00

DRAFT


c. Combined Single: Limit of $ 2,000,000.00

4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of the General Conditions shall provide coverage for not less than the following amounts:

a. Bodily Injury:

Each Person $ 2,000,000.00 Annual Aggregate $ 2,000,000.00

b. Property Damage:

Each Accident $ 2,000,000.00 Annual Aggregate $ 2,000,000.00

5. The list of names, other persons, or entities to be included on the policy as additional insured are as per Paragraph 5.11.

SC-5.06.A Property Insurance DELETE Paragraph 5.06.A in its entirety and INSERT the following in its place: A. When available, Contractor shall purchase and maintain property insurance upon the Work at the Site in the

amount of the full replacement cost thereof. 1. This insurance shall:

a. include the interests of Owner, Contractor, Subcontractors, Engineer and any other individuals or entities identified herein, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured;

b. in addition to the individuals and entities specified, include additional insured per Paragraph

5.11.

c. 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 and damage to the Work, temporary buildings, falsework, 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 that caused by flood), and such other perils or causes of loss as may be specifically required by the Supplementary Conditions;

d. include expenses incurred in the repair or replacement of any insured property (including

but not limited to fees and charges of engineers and architects);

e. 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;

f. allow for partial utilization of the Work by Owner; g. include testing and startup; and

h. 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.

2. Contractor shall be responsible for any deductible or self-insured retention.

DRAFT


3. The policies of insurance required to be purchased and maintained by Contractor in accordance with

this Paragraph SC-5.06.A shall comply with the requirements of paragraph 5.06.C of the General Conditions.

SC-5.06.B DELETE this article in its entirely. SC-5.06.E DELETE this Paragraph in its entirety. SC-5.11 Additional Insured ADD the following new paragraph immediately after Paragraph 5.10. SC- 5.11 Additional Insured A. Where applicable, all insurance policies shall name the Owner and Engineer as herein before defined as

additional insured. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITY SC-6.06 Concerning Subcontractor’s, Suppliers, and Others ADD a new paragraph immediately after Paragraph 6.06.G: H. Owner or Engineer may furnish to any Subcontractor or Supplier, to the extent practicable, information about

amounts paid to Contractor on Work performed for Contractor by a particular Subcontractor or Supplier. SC-6.12 Record Documents ADD a new paragraph immediately after Paragraph 6.12.A: B. Owner may withhold progress payments until record documents are properly updated. Final payment may not

be made until all record documents are accepted in writing by Owner. SC-6.17 Shop Drawings and Samples ADD the following new paragraphs immediately after Paragraph 6.17.E: F. Contractor shall furnish required submittals with sufficient information and accuracy in order to obtain required

approval of an item with no more than three submittals. Engineer will record Engineer’s time for reviewing subsequent submittals of Shop Drawings, samples or other items requiring approval and Contractor shall reimburse Owner for Engineer’s charges for such time.

G. In the event that Contractor requests a substitution for a previously approved item, Contractor shall reimburse

Owner for Engineer’s charges for such time unless the need for such substitution is beyond the control of Contractor.

SC-6.19 Contractor’s General Warrantee and Guarantee ADD the following new paragraph immediately after

Paragraph 6.19.C: D. Unless additional warranties are included in the technical specifications, the Contractor shall guarantee all

Work for a period of one-year following Substantial Completion.

ARTICLE 7 – OTHER WORK AT SITE SC-7.04 Claims Between Contractors ADD a new paragraph immediately after Paragraph 7.03: SC-7.04 Claims Between Contractors A. Should Contractor cause damage to the work or property of any other contractor at the Site, or should any claim

arising out of Contractor’s performance of the Work at the Site be made by any other contractor against Contractor, Owner, Engineer, or the construction coordinator, Contractor shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law.

DRAFT


B. Contractor shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless Owner,

Engineer, the construction coordinator and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages (including, but not limited to, 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 other contractor against Owner, Engineer, Engineer’s Consultants, or the construction coordinator to the extent said claim is based on or arises out of Contractor’s performance of the Work. Should another contractor cause damage to the Work or property of Contractor or should the performance of work by any other contractor at the Site give rise to any other Claim, Contractor shall not institute any action, legal or equitable, against Owner, Engineer, or the construction coordinator or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from Owner, Engineer, or the construction coordinator on account of any such damage or Claim.

C. If Contractor is delayed at any time in performing or furnishing Work by any act or neglect of another

contractor, and Owner and Contractor are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, Contractor may make a Claim for an extension of times in accordance with Article 12. An extension of the Contract Times shall be Contractor’s exclusive remedy with respect to Owner, Engineer, and construction coordinator for any delay, disruption, interference, or hindrance caused by any other contractor. This paragraph does not prevent recovery from Owner, Engineer, or construction coordinator for activities that are their respective responsibilities.

ARTICLE 8 – OWNER’S RESPONSIBLITIES SC-8.11 Evidence of Financial Arrangements Add the following new paragraph immediately after Paragraph 8.11.A: B. On request of Contractor prior to the execution of any Change Order involving a significant increase in the

Contract Price, Owner shall furnish to Contractor reasonable evidence that adequate financial arrangements have been made by Owner to enable Owner to fulfill the increased financial obligations to be undertaken by Owner as a result of such Change Order.

ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION SC-9.03 Project Representative AMEND the language in the second sentence of Paragraph 9.03.A to read as follows: DELETE the language “the Supplementary Conditions, and limitations on the responsibilities thereof will be as provided in”. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS SC-10.05.C Item 1, REPLACE “deny” with “recommend denial of”. Item 2, REPLACE “approve” with “recommend approval of”. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK SC-11.03.D DELETE Paragraph 11.03.D in its entirety and INSERT the following in its place: D. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the

following conditions:

1. if the Bid price of a particular item of Unit Price Work amounts to five percent (5%) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty-five percent (25%) from the estimated quantity of such item indicated in the Agreement; and

2. if there is no corresponding adjustment with respect to any other item of Work; and

DRAFT


3. if Contractor believes that Contractor has incurred additional expense as a result thereof or if Owner

believes that the quantity variation entitles Owner to an adjustment in the unit price, either Owner or Contractor may make a Claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed.

ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT ITEMS No Comment. ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTIONS, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC-13.03.A ADD the following new sentence immediately after the first sentence of Paragraph 13.03.A: Timely notice shall be as stated in the appropriate specification and no less than 24 hours prior to scheduling the Work. SC-13.03.B CHANGE the language from “Owner” to “Contractor”. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION SC-14.02.A.1 Application for Payments AMEND the language in the first sentence of Paragraph 14.02.A.1 to read as follows: CHANGE the language from “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 an accompanied by such supporting documentation as is required by the Contract Documents. “ to “On or before the 20th day of each month, Contractor shall submit to Engineer for review an Application for Payment filled out and signed by Contractor covering the Work completed by the 15th of that month, accompanied by such supporting documentation as is required by the Contract Documents.” SC-14.02.A.3 Application for Payments DELETE Paragraph 14.02.A.3 in its entirety and INSERT the following in its place:

3. The Owner will retain 5% of the Contract amount of each estimate until final completion of the project. On monthly estimates subsequent to the first estimate submitted that includes invoices for stored materials for which payment to the Contractor has been made, there shall be a signed statement that the invoices have been paid by the Contractor.

The statement shall read as follows:

This is to certify that payment has been made for invoiced materials included in previous monthly estimate no._________ thru _________.

Signed: _______________________________________

In the event that such statement is not furnished or the manufacturers or material suppliers notify the Owner in writing that they have not been paid for materials included on previous estimates, the Owner may reduce payment in accordance with Paragraph 14.02.

SC-14.02.C Payment Becomes Due AMEND the language in the first sentence of Paragraph 14.02.C.1 to read as follows: CHANGE the language from “Ten days after presentation of the Application for Payment to Owner,” to “Ten days after approval of the Application for Payment by Owner”.

DRAFT


SC-14.07.C.1 Payment Becomes Due AMEND the language in the first sentence of Paragraph 14.07.C.1 to read as follows: CHANGE the language from “Thirty days” to “Sixty days” ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION No comment. ARTICLE 16 – DISPUTE RESOLUTION SC-16.01 Delete Paragraph 16.01 in its entirety and insert the following in its place: SC-16.01 Meet to Confer and Negotiate A. 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 receipt of written notice of Engineer’s action or decision unless, within that time period, Owner or Contractor gives to the other party written notice of intent to submit the Claim to a process of bilateral negotiations as set forth below.

B. Within 30 days of the delivery of such notice, Owner and Contractor shall meet and confer regarding the Claim.

A good-faith effort to negotiate resolution shall be made by both parties. C. If the negotiations contemplated by Paragraph SC-16.01.B are unsuccessful, management representatives of

Owner and Contractor at least one tier above the individuals who met under SC-16.01.B shall meet, confer, and negotiate within 30 days of the closure of the unsuccessful negotiations.

D. If the Claim is not resolved by negotiation, 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 negotiations unless, within that time period, Owner or Contractor:

1. gives to the other party written notice of intent to submit the Claim to a court of competent jurisdiction,

or 2. agrees with the other party to submit the Claim to another dispute resolution process.

E. Notwithstanding any applicable statute of limitations, a party giving notice under Paragraph SC-16.01.D.1 shall commence an action on the Claim within one year of giving such notice. Failure to do so shall result in the Claim being time-barred and Engineer’s action or denial shall become final and binding.

ARTICLE 17 – MISCELLANEOUS SC-17.05 Controlling Law DELETE Paragraph 17.05.A in its entirety and INSERT the following in its place: A. The terms and conditions of this Contract shall be construed and interpreted under, and all respective rights and

duties shall be governed by, the laws of the State of Mississippi. Wherever applicable, each provision of these Contract Documents shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these Contract Documents shall be prohibited by or invalid under applicable law, such provisions shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Contract Documents.

B. This Contract shall not be construed more strictly against one party than the other merely by virtue of the fact

that it may have been prepared by one of the parties.

DRAFT

COMPTON ENGINEERING, INC. CDBG CONTRACT PROVISIONS FOR CONSTRUCTION CONTRACTS 218-049.006 00810-1

SECTION 00810 CDBG CONTRACT PROVISIONS

FOR CONSTRUCTION CONTRACTS

See the following Special Contract Provisions (58 pages)

DRAFT

AWARD OF CONTRACT:

All bidders are required to demonstrate commitment to the achievement of the City of Pascagoula’s Section 3 goals in one of the following two ways:

(1) A bidder must certify as a Section 3 business concern; or

(2) A bidder must provide a Section 3 plan detailing how the bidder will meet the required Section 3 subcontracting goal of providing subcontracting opportunities to Section 3 business concerns in an amount not less than 10% of the total contract amount. In the subcontracting plan, the bidder should include the necessary number of Section 3 business subcontractors to meet or exceed the goal for this contract. The plan should also clearly state the total dollar value that will be self-performed and the total dollar value which will be subcontracted to Section 3 Business Concerns; providing for each listed Section 3 Business Concern a fully completed Section 3 Business Certification form including the company name, address, contact person, telephone number, and e-mail address; the amount to be performed/subcontracted; the scope of work to be performed; and the anticipated timeframe for performance of the work. If a bid is submitted without satisfying one of the two requirements set forth above, then that bid will be deemed non-responsive and rejected; provided, however, that in the event the Contractor, itself, is a Section 3 Business Concern and provides the requisite documentation in support thereof, such bidder will be encouraged, but not required to extend subcontracting opportunities to Section 3 Business Concerns as contemplated by this provision.

The Contract will be awarded to the lowest responsive, responsible bidder, subject to the preference for a Section 3 Business Concern as set forth below.

Section 3 preference and evaluation of bid: An award shall be made to the qualified section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid—

(A) is within the maximum total contract price established in the contracting party’s budget for the specific project for which bids are being taken, and (B) is not more than ‘‘X’’ higher than the total bid price of the lowest responsive bid from any responsible bidder. ‘‘X’’ is determined as follows: X=lesser of: When the lowest responsive bid is less than $100,000 .......... 10% of that bid or $9,000. When the lowest responsive bid is: At least $100,000, but less than $200,000 .......................... 9% of that bid, or $16,000. At least $200,000, but less than $300,000 .......................... 8% of that bid, or $21,000. At least $300,000, but less than $400,000 .......................... 7% of that bid, or $24,000. At least $400,000, but less than $500,000 .......................... 6% of that bid, or $25,000. At least $500,000, but less than $1 million .......................... 5% of that bid, or $40,000. At least $1 million, but less than $2 million ......................... 4% of that bid, or $60,000. At least $2 million, but less than $4 million ......................... 3% of that bid, or $80,000. At least $4 million, but less than $7 million ......................... 2% of that bid, or $105,000. $7 million or more ................. 11⁄2% of the lowest responsive bid, with no dollar limit.

Section 3 Project Plan and any other Section 3 Forms

The Section 3 forms listed below must be completed and submitted with each bid. If a bidder fails to include any one of these completed forms, then that bidder’s bid will be considered non-responsive and will be

DRAFT

rejected. Section 3 Submission: NOTE: Section 3 Forms and Definitions are located in Attachment B of this document

(a) A completed Section 3 Business Concern Certification. If a Contractor has previously certified as a Section 3 Business on a different contract, Contractor must recertify with each specific bid. If seeking the preference for Section 3 Business Concerns, all backup documentation must be submitted with the Section 3 Business Concern Certification (i.e. employee roster, Section 3 Resident Certification Forms, or, as applicable, other substantiating documentation demonstrating status as a Section 3 Business Concern). A Section 3 Business Concern is a business that can provide evidence supporting that it meets one of the following thresholds:

i. The business is 51 percent or more owned by Section 3 residents; or

ii. At least 30 percent of the business’ permanent, full-time employees are currently Section 3 residents, or within three years of the date of first employment with the business were Section 3 residents; or

iii. The business provides evidence demonstrating a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet either of the qualifications in the above two paragraphs.

(Note: A Section 3 resident is a public housing resident or an individual who resides in the metropolitan area, or non-metropolitan County, in which the proposed contract will be performed and who is defined by HUD as low-income (meaning his or her annual income does not exceed 80% of the area median income, based on household size). See the Definitions contained in the Section 3 Forms and 24 CFR § 135.5.

(b) A completed Section 3 Project Plan expressing the contractor’s agreement to comply with all Section 3 requirements in the employment and subcontracting opportunities created by the Project.

(c) The portion of the work which will be done by subcontractors. **All subcontracts must be bid pursuant to 24 C.F.R. Part 85.36 and the procurement laws of the State of Mississippi. **All bidders on subcontracts must identify their eligibility for a Section 3 preference, if applicable, using the Section 3 forms identified above.

NOTE: If a bidder seeks a Section 3 preference because it is 51 percent or more owned by Section 3 Residents, then that bidder must submit documentation demonstrating such ownership. For example, if the bidder is a limited liability company, it may submit an operating agreement identifying the owners of the business and their respective membership interests.

If a bidder seeks a Section 3 preference because 30% of its full-time employees are Section 3 Residents, then that bidder must—in addition to the Section 3 Business Concern Certification and Section 3 Project Plan listed above—submit a current employee roster (a) listing all full-time employees and the dates on which they were hired and (b) identifying which employees are Section 3 Residents. For each Section 3 Resident so identified, the bidder must then submit a completed and signed Section 3 Resident Certification demonstrating that the employee is currently a Section 3 Resident or was a Section 3 Resident within 3 years of the date of his or her first employment with the bidder.

And, if a bidder seeks a Section 3 preference because it plans to subcontract in excess of 25 percent of the total amount of subcontracts to Section 3 Business Concerns, then it must (a) identify each Section 3 subcontractor and (b) demonstrate that each Section 3 subcontractor is in fact a Section 3 Business Concern using the documentation methods identified above.

DRAFT

Attachment A

Special Contract Provisions For Federally-Assisted Construction Contracts

INTRODUCTION

This project/contract is being financially supported by federal funds awarded by the U.S. Department of Housing and Urban Development under the Entitlement Community Development Block Grant (CDBG), funded directly to the City of Pascagoula, or the Katrina Supplemental Community Development Block Grant Program funded through Mississippi Development Authority. The City of Pascagoula Grants Department administers the local CDBG Programs. (Required by Title 14 of the Code of the Federal Register as well as other selected contract provisions required by the City of Pascagoula for CDBG/KCDBG assisted grants/projects/activities).

The following Federal Regulations, Contract Provisions and Clauses are incorporated into this agreement in their entirety, and made an integral part hereof.

The following conditions take precedence over any conflicting conditions in the contract:

SEC. 1. APPLICATION TO SUBCONTRACTORS. No money under this contract shall be disbursed by the Contractor/Consultant to any sub-contractor or agency except pursuant to a written contract which incorporates the conditions listed below to the extent they are applicable.

SEC. 2. DEFINITIONS. As used in this contract:

"HUD" means the Secretary of Housing and Urban Development or person(s) authorized to act on his

behalf. "City" means the Mayor and City Council of the City of Pascagoula or person(s) authorized to

act on their behalf.

"MDA" means the Mississippi Development Authority or person(s) authorized to act on their behalf.

"Act" means Title I of the Housing and Community Development Act of 1974, as amended, unless otherwise specified.

SEC.3. ACCESS TO RECORDS AND RECORDS RETAINAGE

The Contractor/Consultant shall comply with Retention and Access Requirements for Records (24 CFR Part 85.42) and State of Mississippi records access and retention requirements, to wit:

A. Records to be Kept. Records shall be maintained in accordance with requirements prescribed by HUD

or the City with respect to all matters covered by this contract. Except as otherwise authorized by HUD, such records shall be maintained for a period of five (5) years after receipt of the final payment under this contract.

B. Documentation of Costs. All costs shall be supported by properly executed payrolls, time records,

invoices, contracts, vouchers, orders, or other accounting documents. All documents pertaining in whole or in part to this contract shall be clearly identified and readily accessible.

C. Inspection of Records. At any time during normal business hours and as often as the City, HUD and/or

the Comptroller General of the United States may deem necessary, the Contractor shall make available to the City, HUD and/or representatives of the comptroller General for examination of all its records, with respect to all matters covered by this contract, and will permit the City, HUD and/or representatives of the Comptroller General to audit, examine and make excerpts or transcripts from such records including contracts, invoices, materials, payrolls, records of personnel, conditions of employment and any other data relating to matters covered by this contract.

DRAFT

SEC. 4. LOBBYING. The Contractor/Consultant certifies, to the best of his or her knowledge and belief, that:

A. No federally appropriated funds have been paid or will be paid, by or on behalf of the

Contractor/Consultant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement.

B. If any funds other than federally appropriated funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

C. The Contractor/Consultant shall require that the language of this certification be included in the award

documents for all sub-awards at all tiers including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements.

D. This certification is a material representation of fact upon which reliance was placed when this contract

was made or entered into. Agreement to this certification is a prerequisite for making or entering into this contract imposed by Section 1352, title 31, U.S. Code. Any person or agency that makes an expenditure prohibited by this section is subject to a civil penalty from $10,000 up to $100,000 for each failure. This penalty also applies to any person or agency that fails to submit or amend the disclosure form (LLL), when required. Failure to submit the required certification may result in payment under this contract being delayed or denied.

SEC. 5. DISCRIMINATION. Contractors/Consultants shall comply with all relevant requirements of the

following federal laws and regulations dealing with discrimination in federally assisted programs:

A. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended(42 U.S.C. 20000d) and the requirements imposed by the Regulations of the Department of Commerce (15CDR Part 8) issued pursuant to that Title in accordance there whit no person in the United States shall on the grounds of race, handicap, color, sex, national origin or familial status be excluded from participation in, be denied the benefits or be otherwise subjected to discrimination under any program or activity which is paid for with federal funds. The Owner further adds that there shall be not any form of discrimination by any party in any CDBG contract on the basis of familial status, sexual orientation or sex.

B. Section 109 of Title I of the Housing and Community Development Act of 1974, as amended (42

U.S.C. 5309) and regulations at CFR 570.602 which provide that no person shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, be denied employment in, or be subjected to discrimination under any CDBG program or activity.

C. Section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794), executive Order 11914,

Section 504, which provides that no otherwise qualified handicapped individual shall, solely by reason of his/her handicap, be excluded from the participation in, be denied the benefits of, be denied employment in, or be discriminated against under any program or activity receiving federal assistance.

D. Age discrimination Act of 1975, as amended by Executive Order 12086, and regulations in 41

CFR 60, which provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in all phases of employment during the performance of federally-assisted construction contracts and subcontracts. Contractors and subcontractors shall take affirmative action to ensure fair treatment in employment, including recruitment, training, promotion, demotion, transfer, layoff, termination, and pay.

E. Section 202 of Executive Order 11246, as amended by Executive Order 12086, and regulations in

41 CFR 60, which provides that no person shall be discriminated against on the basis of race, color,

DRAFT

religion, sex, or national origin in all phases of employment during the performance of federally assisted construction contracts and subcontracts. Contractors and subcontractors shall take affirmative action to ensure fair treatment in employment, including recruitment, training, promotion, demotion, transfer, layoff, termination, and pay.

1. The Contractor/Consultant will not discriminate against any employee or applicant for employment

because of race, color, religion, sex or national origin. The contractor/consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin or familial status. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay of other forms of compensation, and selection for training, including apprenticeship. The Contractor/Consultant agrees to post inconspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions in this nondiscrimination clause.

2. The Contractor/Consultant will, in all solicitations or advertisement for employees placed by or on

behalf of this Contractor/Consultant; state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, or familial status. Contractor/Consultant shall include language in all solicitations and/or advertisements for available employment or training opportunities giving notice to applicants of the preference given to qualified Section 3 residents for available employment or training opportunities.

3. The Contractor/Consultant will send to each labor union or representative of workers with which he

has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advertising the labor union or worker's representative of the Contractor a commitments under section 202 of Executive Order No.11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The Contractor/Consultant will comply with all provisions of Executive Order No. 11246 of

September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The Contractor/Consultant will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of labor, or pursuant thereto, and will permit access to this books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

6. In the event of the Contractor/Consultant's noncompliance with the nondiscrimination clauses of

this contract or with any of such rules, regulations, and orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor/Consultant may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

7. The Contractor/Consultant will include the provisions of paragraphs (1) through (7) in every

subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor/Consultant will take such action with respect to any subcontractor or purchase order as the contracting agency, and may direct the subcontractor or vendor as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the contract becomes involved in, or threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the United States to enter into such litigation to protect the interest of the United States.

DRAFT

F. CERTIFICATION OF NONSEGREGATED FACILITIES AS REQUIRED BY THE MAY 19, 1967, ORDER (32 f.r. 74390 ON ELIMINATION OF SEGREGATED FACILITIES, BY THE SECRETARY OF LABOR. The contractor/consultant certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and those under this/her control. He/she certifies further that he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The contractor/consultant agrees that a breach of this certification is a violation of the Equal Opportunity Clause of the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or in fact segregated on the basis of race, color, religion or national origin because of habit, local custom or otherwise. He/she further agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certification from proposed subcontractors prior to the awards of subcontracts exceeding $l0,000 which are not exempt from the provision of the Equal Opportunity Clause; that he/she will retain such certification in his/her files, and that he/she will forward this notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certification for specific time periods).

SEC. 6 SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

In connection with the planning and carrying out of any project assisted with CDBG and KCDBG funds, and to the greatest extent feasible, opportunities for training and employment should be given to low and very lower- income persons residing within the unit of local government in which the project is located, and contracts for work in connection with the project should be awarded to eligible Section 3 business concerns which are located in, or owned in substantial part by persons residing in the same unit of local government in which the project is located. Contractor/Consultant and all of its subcontractors/sub-consultants must utilize the Section 3 forms included in these Special Contract Provisions This contract, or any subcontracts, must adhere to and contain what is referred to as the Section 3 Clause (24 CPR Part 135.38), as set forth below:

Section 3 Clause:

a. The work to be performed under this contract is subject to the requirements of Section 3 of the

Housing and Urban Development Act of l968, as amended, 12 U.S.C. l 70lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low-and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

b. The parties to this contract agree to comply with HUD's regulations in 24 CPR part 135, which

implement Section 3. As evidenced by their execution of this contract the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

c. The contract agrees to send to each labor organization or representative of workers with which

the contractor has collective bargaining agreement or other understanding, if any, a notice advising the labor organization or worker's representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin.

d. The contractor/consultant agrees to include this Section 3 clause in every subcontract subject to

compliance with regulations in 24 CPR Part 135, and agrees to take appropriate action, as provided in applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CPR Part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CPR Part 135.

DRAFT

e. The contractor/consultant will certify that any vacant employment positions, including training

positions, that are filled (1) after the contractor/consultant is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CPR Part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligation under 24 CPR Part 135.

f. Noncompliance with HUD's regulations in 24 CPR Part 135 may result in sanctions,

termination of this contract for default and debarment or suspension from future HUD assisted contracts.

g. With respect to work performed in connection with Section 3 covered Indian housing

assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450c) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

SEC.7. LABOR STANDARDS. Contractor/Consultant shall comply with all relevant requirements of the

following federal laws and regulations dealing with labor standards in federally assisted programs.

A. Davis-Bacon Act Provisions. All contracts for construction work in excess of $2,000 awarded by grantees and sub- grantees shall include a provision for compliance with the Davis-Bacon Act (40 US.C, 276 a to a7) as supplemented by Department of Labor Regulations (29 CFR Part 5). However, these requirements apply to the rehabilitation of residential property only if such property contains eight (8) or more units. The Davis Bacon Act is not triggered then CDBG funds are used for non-construction work such as acquisition, purchase of equipment, architectural and engineering fees, other services (legal, accounting, construction management), etc.

1. All workers employed by Contractors or subcontractors on construction work costing over $2,000

and financed in whole or in part under this Contract shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the secretary of labor and specified in a wage determination.

2. In construction projects subject to the Davis-Bacon Act, Contractors and subcontractors shall

submit weekly payroll information for each worker in the form prescribed by HUD, and shall post a notice listing the minimum wage rates at the work site or sites. In addition, Contractors and subcontractors shall be required to pay wages at least once a week.

B. Copeland "Anti-Kick Back Act" (18 U.S.C. 876) as supplemented in Department of Labor

regulations (29 CFR Part 3). This Act provides that the Contractor/consultant shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled.

C. Contract Work Hours and Safety Standards Act (40 U.S.C.327 et seq.):

Contracts awarded by grantees and sub-grantees in excess of $2,000 which involve the employment of mechanics or laborers shall comply with Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations contained in 29 CFR Parts 3, 5 and Sa.

1. Under Section 103 of the Act, the Contractor/consultant and any of his subcontractors, shall be

required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty hours. Work in excess of the standard work week is permissible, provided the worker is compensated at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in any work week.

DRAFT

2. Section 107 Of the Act provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to his health and safety, as determined under construction, safety and health standards promulgated by the Secretary of Labor. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market.

SEC. 8. CLEAN WATER, CLEAN AIR, E.O. 11738 and EPA Regulations Provision Compliance with Air

and Water Acts apply to assisted construction contracts and related subcontracts exceeding $100,000. In compliance with Section 306 of the Clean Air Act, as amended, (42 U.S.C. 1857(h)). Section 508 of the Clean Water Act, as amended, (33 U.S.C. 1368), Executive Order 11738, and the Regulations (40 CFR, part 15) of the Environmental Protection Agency with respect thereto the Contractor agrees that:

1. Any facility to be utilized in the performance of this contract or any subcontract shall not be a

facility listed in the EPA List of Violating Facilities pursuant to 40 CFR 15.20.

2. They will comply with all requirements of Section 306 of the Clean Air Act, as amended, and Section 508 of the Clean Water Act, as amended, and all regulations and guidelines issued there-under.

3. They will promptly notify the City of any notification received from the EPA Office of Federal

Activities, indicating that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities.

4. They will include the provisions of paragraph 1 through 4 of this subpart in every nonexempt

subcontract, and take such action as the Government may direct as a means of enforcing such provisions.

SEC. 9. LEAD BASED PAINT. The use of lead-based paint in the federally assisted construction or

rehabilitation of residential structures (including day cares, senior centers, and community facilities) is prohibited by Section 40l(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 483l(b)) and regulations in 24 CFR 35B. To the extent that contracted work involves residential structures, the Contractor and subcontractors must follow the new regulations issued under sections 1012 and 1013 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, which is Title X ("ten") of the Housing and Community Development Act of 1992. Sections 1012 and 1013 of Title X amended the Lead-Based Paint Poisoning Prevention Act of 1971, which is the basic law covering lead-based paint in federally associated housing. The new regulation appears within title 24 of the Code of Federal Regulations as part 35 (24 CFR 35).

1. The Contractor and subcontractors shall not use lead-based paint in residential structures and shall

eliminate any lead-based paint hazards in residential structures rehabilitated.

2. At a minimum the Contractor and subcontractors must comply with the Lead Hazard Reduction Methods in 24 CFR 35.1330 and 1325.

3. All workers involved in the disturbance of lead-based paint bearing surfaces should be trained in lead

safe work practices.

4. At the conclusion of residential rehabilitation, the property must pass a lead hazard clearance test by a certified technician and lab. Clearance is not required if rehabilitation did not disturb painted surfaces of a total area more than that set forth in 24 CFR 35.135(d).

SEC. 10. THE UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION

POLICIES ACT OF 1970 (P.L. 91-646 as amended). 15 CFR Part 916 including amendments thereto and regulations there under, as provided by I M.R.SA 901 et seq. The Contractor and Grantee will ensure that all work performed under this Agreement will be done in accordance with this Act.

DRAFT

SEC. 11. THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969. (P.I. 90-190); THE NATIONAL HISTORIC PRESERVATION ACT OF 1966 (80 Stat 915. 16 USC 470); AND EXECUTIVE ORDER NO. 11593 OF MAY 31. 1971. The Chief Executive Officer of the Grantee consents to assume the status of a responsible Federal Official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law; as specified in 24 CFR Part 58, which further the purposes of NEPA in the areas of historic preservation, noise control, floodplains, coastal zones and wetlands, air quality, water quality, wildlife, and endangered species, solid waste disposal, and environmental effects abroad. The chief executive officer is authorized and consents on behalf of the Grantee and himself to accept the jurisdiction of the federal courts for the purpose of enforcement of his responsibilities as such an official.

SEC. 12. THE FLOOD DISASTER PROTECTION ACT OF 1963 (P.L. 92-123. AS AMENDED.

The Grantee will fulfill any flood insurance requirements under this Act and any regulations issued there under which NOAA may issue.

SEC. 13. ARCHITECTURAL BARRIERS ACT (P.L, 90-480, 42 USC 4151, AS AMENED, and the

regulations issued or to be issued there under, prescribing standards for the design and construction of any building or facility intended to be accessible to the public or which may result in the employment of handicapped persons therein.

SEC. 14. MINORITY BUSINESS ENTERPRISES, Referenced in Executive Order #11625, OMB Circular A-

102 Attachment O Procurement Standards. Grantees are to give priority to Minority Business enterprises in purchase of supp lies, equipment, construction, and services.

SEC. 15. CDBG CERTIFICATION, Grantee shall provide any certification required under Section 104(b),

106(d)(5) or under any other provision of Title I of the Housing and Community Development Act of 1974 as amended through 1983, including Amendments made by the Housing and Urban Rural Recovery Act of 1983, the American Recovery and Reinvestment Act of 2009, and shall comply with the terms of such certification.

SEC. 16. USE OF DEBARRED, SUSPENDED OR INELIGIBLE CONTRACTORS. CDBG/KCDBG funds

shall not be used directly or indirectly to employ; award contracts to; or otherwise engage the services of, or fund any Contractor or Subrecipient during any period of debarment, suspension or placement in ineligibility status under the provisions of24 CFR Part 24. (Government Debam1ent and Suspension Regulations).

SEC. 17. EXECUTIVE ORDER 12989 and EXECUTIVE ORDER 13465, amending Executive Order 12989,

as amended. Federal contractors /consultants and subcontractors are required to use E-Verify as of September 8, 2009. Executive Order 12989 mandates the electronic verification of all employees working on any federal contract. The amended Executive Order reinforces the policy that the federal government supports a legal workforce.

E-Verify to verify employment eligibility In accordance with 48 CFR Part 22.18, Contractor shall enroll as a Federal Contractor in the E-Verify program within 30 calendar days of the award of this Contract. Within 90 calendar days of the enrollment in the E-Verify program, contractor shall begin to use E-Verify to verify the employment eligibility of all new hires of the Contractor who are working in the United States, whether assigned to this Contract or not, within 3 business days after the date of hire; and for each employee assigned to this Contract, Contractor shall initiate verification with 90 calendar days after date of enrollment in the E-Verify program or within 30 calendar days of the employee's assignment to work under this Contract, whichever date is later. The Contractor shall include the requirements of this clause in each subcontract that:

DRAFT

(1) Is for -

(i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (commercially available off the shelf item) (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or

(ii) Construction (2) Has a value of more than $3,000; and (3) Includes work performed in the United States.

Contractor may find more information on Contractor' s requirement to use E-Verify at www.dhs.gov/e-verify.

SEC. 18. CONFLICT OF INTEREST.

A. Interest of Members, Officers, or Employees of the Recipient, Members of Local Governing Body,

or Other Public Officials. No member, officer, or employee of the recipient, Subrecipient, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of his/her tenure or for one year thereafter, shall have any financial interest , direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. This provision shall be incorporated in all such contracts or subcontracts.

B. Contractor/Consultant's Responsibilities. The Con trac tor/Consultant shall take appropriate steps to assure compliance with paragraph (A) of this section, and will incorporate the following provision into e very sub-contract.

"Interest of Sub-Contractor and Employees. The Sub-Contractor covenants that no person who presently exercises any functions or responsibilities in connection with the Community Development Block Grant Program has any personal financial interest, direct or indirect, in this Contract. Any interest on the part of the Sub-Contractor or his employees must be disclosed to the Recipient and the City, provided, however, that this paragraph shall be interpreted in such a manner so as not to unreasonably impede the statutory requirement that maximum opportunity be provided for employment of an participation by residents of the area."

SEC.19. CONTRACTOR TO FURNISH NECESSARY PERSONNEL RESOURCES:

A. The Contractor/Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services specified in this contract. Such personnel shall not be employees of or have, as individuals, any contractual relationship with the Grantee.

B. All of the services required hereunder will be performed by the contractor/consultant or under its

supervision and all personnel engaged 'in the work shall be fully qualified and shall be authorized or permitted under State and Local law to perform such services.

C. With the exception of the work described as being subcontracted within the contract, if any, none of the

work or services covered by this contract shall be subcontracted without the prior approval of the grantee. Any additional work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this contract.

SEC.20. REPORTS AND INFORMATION

The contractor/consultant, at such times and in such forms as the Grantee (City of Pascagoula) may require, shall furnish grantee and/or the Department of Housing and Urban Development, and any other representative of the Grantee such periodic reports as it may request pertaining to the work or services undertaken pursuant to this contract, the costs and obligations incurred or to be incurred by the grantee in connection therewith and any other matters covered by this contract.

DRAFT

http://www.dhs.gov/e-verify.

http://www.dhs.gov/e-verify.

SEC.21. RECORDS AND AUDITS The contractor/consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this contract and such other records as may be deemed necessary by the grantee to assure proper accounting for all funds applicable to this contract. These records will be made available for audit purposes to the grantee or any authorized representative and will be retained for five years after the expiration of this contract unless permission to destroy them is granted.

SEC 22. COPYRIGHT AND PETENT RIGHTS

No reports, maps, or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the contractor. The U.S. Department of Housing and Urban Development, the City of Pascagoula Planning and Grants Department shall possess all rights to invention or discovery, as well as rights in data which may arise as a result of the contractor/consultants services.

SEC. 23. DISPUTES, DEFAULT AND TERMINATION

A. Disputes, In the event of dispute arising under this Contract, the Contractor/Consultant shall notify the

City promptly in writing of their contentions and submit the claim. If the dispute arises before performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Contractor/Consultant shall proceed with such work in compliance with the instructions of the City; such compliance shall not be a waiver of the Contractor/Consultant's rights to make a claim, provided they have notified the City in writing as above stipulated.

B. Default and Remedies.

1. Default shall consist of any failure by the Contractor/Consultant to perform under this contract or written amendments thereto of any breach of any covenant, agreement, provision or warranty provided by the Contractor/Consultant as a part of this contract. Actions which constitute a default include, but are not limited to:

a. Failure to submit to the City reports which are required pursuant to this contract or the submission

of required reports that are incorrect or incomplete. b. Submission of requests for payment or reimbursement of amounts that is incorrect or incomplete. c. The failure of the Contractor/Consultant to accept any additional conditions which may be

provided by law, by executive order, by regulation or by other policy announced by the City, the state or any federal agency.

d. Failure to perform any activity required by this contract.

2. Upon occurrence of any default, the City shall advise the Contractor/Consultant in writing of the

action constituting the default, and specify the actions that must be taken to cure the default. The City may suspend payment under the contract. If a default is not cured within 30 days from receipt of written notice of such default by the Contractor/Consultant, the City may continue the suspension or, by written notice of termination, may terminate the contract.

3. Notwithstanding the above, the Contractor/Consultant shall not be relieved of liability to the City for

damage sustained by the City by virtue of any default or breach of the contract; and the City may deduct the amount of damages from any outstanding payments to the Contractor/Consultant or may withhold payments until such time as the exact amount of the damages is determined

C. Termination.

1. If federal funding for this project is terminated and no other funding is available for continuation of this project, the City will not be obligated to continue funding for the services contained in this contract and may terminate the contract.

DRAFT

2. In the event of termination, all property and finished or unfinished documents, data, studies, surveys,

drawings, maps, models, photographs and reports prepared by or purchased with CDBG/KCDBG funds by the Contractor/Consultant under this contract shall, at the option of the City, become its property and the Contractor/Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

STATE LAWS

SEC. 24. Mississippi Jobs First Miss. Code Ann. §31-5-37 (2012) Contractors submitting bids for public works projects utilizing specified funding required to submit an employment plan with bid; contents of plan; review of individuals for vacant positions.

1. All public works projects utilizing funds received by state or local governmental entities resulting

from a federally declared disaster or a spill of national significance, including damages, penalties, fines or supplemental projects paid for financed by responsible parties pursuant to a court order, negotiated settlement, or other instrument, including under any law distributing such fines and penalties including the federal Resources and Ecosystems Sustainability, Tourist Opportunities and Revived Economy of the Gulf Coast Act of 2011 (R.E.S.T.O.R.E), the Oil Pollution Act of 1990 or the Federal Water Pollution Control Act or similar legislation, shall be subject to the hiring policies established by this section.

DRAFT

1

SECTION 3 PROJECT PLAN (For General Contractor – Submit to the Grant Administrator; For Subcontractor – Submit to General Contractor)

Grant No: Company Name: _________________________________________ Project: Subcontractor: ___________________________________________ Contact Person / Phone #: Contract Amount: ____________________________ Are you a Certified Section 3 Business Concern?

Yes, certification and supporting documentation were provided the Grant Administrator. No, but will work with the Grant Administrator to attain HUD Section 3 goals to the greatest extent feasible. Are you a Construction Contractor or a Non-‐construction Contractor?

Construction Contractor Non-‐Construction Contractor Section 3 Training, Employment and Subcontracting Goals The contractor has set minimum numerical goals for the Project to ensure that, to the greatest extent feasible, economic opportunities are provided to Section 3 residents and Section 3 business concerns. The numerical goals stated above shall apply to newly created employment and/or subcontracting opportunities. The Contractor’s minimum Section 3 goals are as follows:

• Employment: Thirty percent (30%) of the aggregate number of new hires to be Section 3 residents; • Subcontracting: (a) At least ten percent (10%) of the total dollar amount of all Section 3 covered subcontracts for

construction, and (b) At least three percent (3%) of the total dollar amount of non-‐construction covered Section 3 subcontracts to eligible Section 3 business concerns.

The Contractor will further ensure that, to the greatest extent feasible, its subcontractors provide training, employment and contracting opportunities to Section 3 residents and Section 3 business concerns. Section 3 Hiring Preference The contractors and subcontractors shall direct their efforts to provide, to the greatest extent feasible, training and employment opportunities generated from the expenditure of section 3 covered assistance to section 3 residents in the order of priority listed below. Priority consideration shall be given, where feasible, to:

1st: Section 3 residents residing in the service area or neighborhood in which the section 3 covered project is located (collectively, referred to as category 1 residents).

2nd: Participants in HUD Youthbuild programs (category 2 residents). 3rd: Where the section 3 project is assisted under the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.),

homeless persons residing in the service area or neighborhood in which the section 3 covered project is located shall be given the highest priority.

4th: Other section 3 residents.

Instructions 1. All contractors and subcontractors on the Project must fill out this Section 3 Project Plan form. 2. The Plan must represent the contractor’s commitments to comply with Section 3 and include a description of efforts to

accomplish the Plan. 3. The contractor shall implement the Plan, including reporting monthly on the status of the Plan.

DRAFT

2

Section 3 Preference for Contracting with Section 3 Business Concerns

Section 3 business concerns shall be given priority in contracting for work, in the following order of priority: 1st: Section 3 business concerns that provide economic opportunities for section 3 residents in the service area or

neighborhood in which the section 3 covered project is located (category 1 businesses); and 2nd: Applicants (as this term is defined in 42 U.S.C. 12899) selected to carry out HUD Youthbuild programs (category 2

businesses); 3rd: Other section 3 business concerns. Description of Efforts to Implement Section 3 Project Plan At a minimum, the Contractor shall attempt to recruit local, low-‐income residents through local advertising media, signs prominently displayed at the project site, and direct notices provided to community organizations and public or private agencies operating within the metropolitan area in which the Section 3 covered program or project is located. Additionally, the Contractor may employ multiple measures (as described in the Appendix A, attached) in order to offer training and employment opportunities to Section 3 residents. The Contractor shall attempt to award subcontracts to Section 3 business concerns by utilizing the some of the examples as set forth in the Appendix A. If the project generates training opportunities, then the contractor will give preference for those training opportunities to section 3 residents. Such training opportunities might include internships or apprenticeships. Contractor shall implement procedures designed to notify section 3 residents about the training. Definitions

a. A “Section 3 resident” is • A public housing resident; or • a low-‐ (< 80% AMI) or very low-‐ (<50% AMI) income person residing in the metropolitan area or non-‐metropolitan

county in which the Section 3 covered assistance is expended. See HUD website at www.hud.gov/section3. b. “Section 3 business concern” means a business concern—

(1) That is 51 percent or more owned by section 3 residents; or (2) Whose permanent, full-‐time employees include persons, at least 30 percent of whom are currently section 3 residents, or within three years of the date of first employment with the business concern were section 3 residents; or (3) That provides evidence of a commitment to subcontract in excess of 25 percent of the dollar award of all subcontracts to be awarded to business concerns that meet the qualifications set forth in paragraphs (1) or (2) in this definition of ‘‘section 3 business concern.’’

c. A new hire means a full-‐time employee for a new permanent, temporary, or seasonal employment opportunities. d. Hiring Categories as identified by HUD:

1. PROFESSIONALS. Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors, airplane pilots and navigators, architects, artists, chemists, designers, dieticians, editors, engineers, lawyers, librarians, mathematicians, natural scientists, registered professional nurses, personnel and labor relations specialists, physical scientists, physicians, social scientists, teachers, surveyors and kindred workers. 2. TECHNICIANS. Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through 2 years of post-‐high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-‐the-‐job training. Includes: computer programmers, drafters, engineering aides, junior engineers, mathematical aides, licensed, practical or vocational nurses, photographers, radio operators, scientific assistants, technical illustrators, technicians (medical, dental, electronic, physical science), and kindred workers. 3. OFFICE AND CLERICAL. Includes all clerical-‐type work regardless of level of difficulty, where the activities are predominantly nonmanual though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, collectors (bills and accounts), messengers and office helpers, office machine operators (including computer), shipping and

DRAFT

3

receiving clerks, stenographers, typists and secretaries, telegraph and telephone operators, legal assistants, and kindred workers. 4. OFFICIALS AND MANAGERS. Occupations requiring administrative and managerial personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases of a firm's operations. Includes: officials, executives, middle management, plant managers, department managers, and superintendents, salaried supervisors who are members of management, purchasing agents and buyers, railroad conductors and yard masters, ship captains, mates and other officers, farm operators and managers, and kindred workers. 5. SALES. Occupations engaging wholly or primarily in direct selling. Includes: advertising agents and sales workers, insurance agents and brokers, real estate agents and brokers, stock and bond salesworkers, demonstrators, salesworkers and sales clerks, grocery clerks, and cashiers/checkers, and kindred workers. 6. CRAFT WORKERS (SKILLED). Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerable independent judgment and usually receive an extensive period of training. Includes: the building trades, hourly paid supervisors and lead operators who are not members of management, mechanics and repairers, skilled machining occupations, compositors and typesetters, electricians, engravers, painters (construction and maintenance), motion picture projectionists, pattern and model makers, stationary engineers, tailors and tailoresses, arts occupations, handpainters, coaters, bakers, decorating occupations, and kindred workers. 7. OPERATIVES (SEMISKILLED). Workers who operate machine or processing equipment or perform other factory-‐type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics, plumbers, bricklayers, carpenters, electricians, machinists, mechanics, building trades, metalworking trades, printing trades, etc.), operatives, attendants (auto service and parking), blasters, chauffeurs, delivery workers, sewers and stitchers, dryers, furnace workers, heaters, laundry and dry cleaning operatives, milliners, mine operatives and laborers, motor operators, oilers and greasers (except auto), painters (manufactured articles), photographic process workers, truck and tractor drivers, knitting, looping, taping and weaving machine operators, welders and flamecutters, electrical and electronic equipment assemblers, butchers and meatcutters, inspectors, testers and graders, handpackers and packagers, and kindred workers. 8. LABORERS (UNSKILLED). Workers in manual occupations which generally require no special training who perform elementary duties that may be learned in a few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, groundskeepers and gardeners, farmworkers, stevedores, wood choppers, laborers performing lifting, digging, mixing, loading and pulling operations, and kindred workers. 9. SERVICE WORKERS. Workers in both protective and non-‐protective service occupations. Includes: attendants (hospital and other institutions, professional and personal service, including nurses’ aides, and orderlies), barbers, charworkers and cleaners, cooks, counter and fountain workers, elevator keepers, stewards, janitors, police officers and detectives, porters, waiters and waitresses, amusement and recreation facilities attendants, guides, ushers, public transportation attendants, and kindred workers.

Section 3 Clause All subcontracts shall include the Section 3 Clause found at 24 CFR 135.38 (see Appendix B attached). Section 3 Reporting/Recordkeeping by Contractor The Contractor (and/or subcontractor) will report Section 3 activities to the Grant Administrator on a monthly basis on the provided Section 3 Status Report. The Mississippi Development Authority (MDA) or its designee shall have access to all records, reports, and other documents or items of the Contractor that are maintained to demonstrate compliance with the Section 3 regulations or that are maintained in accordance with the regulations governing the program under which Section 3 covered assistance is provided or otherwise made available to the Contractor.

DRAFT

4

As the contractor or subcontractor has the need to hire new persons to complete the Section 3 covered contract or needs to subcontract portions of the work to another business, they will direct their newly created employment and/or subcontracting opportunities to Section 3 residents and business concerns. The same numerical goals apply to subcontractors (i.e., 30 percent of new hires, 10 percent of construction contracts, and 3 percent of non-‐construction contracts). In addition, the efforts to comply with Section 3 shall be reported each month as directed by MDA and any required documentation shall be submitted as set forth below. Reports in a form provided by MDA shall be required each month capturing the following data:

• The number of full time positions generated by the Section 3 covered work. • Of those full time positions, the number of Section 3 employees hired to work on the Section 3 covered work • Supporting certifications of reported Section 3 residents (and, if requested by MDA, supporting documentation) • The number of new subcontracts generated by the Section 3 covered work. • Supporting certifications of reported Section 3 subcontractors and, if requested by MDA, necessary supporting information (Certifications of all Section 3 resident employees and, if requested by MDA, supporting documentation). • Outreach efforts empoyed to recruit Section 3 residents and/or businesses as needed.

Section 3 Compliance Monitoring of Contractors and Subcontractors The Grant Administrator shall periodically monitor the copmliance of its contractors with the Section 3 regulations. The Contractor shall share the responsibility of Section 3 with the subcontractors that are awarded contracts to which Section 3 is applicable. The Contractor, or its designee, shall periodically monitor the compliance of its subcontractors with the Section 3 regulations and maintain records of such monitoring efforts. ____________________________________________ ________________________________________________ Date Signature of Company Representative

DRAFT

5

APPENDIX A 24 CFR 135.5

I. Examples of Efforts to Offer Training and Employment Opportunities to Section 3 Residents

(1) Entering into “first source” hiring agreements with organizations representing Section 3 residents.

(2) Sponsoring a HUD-certified “Step Up” employment and training program for section 3 residents.

(3) Establishing training programs, which are consistent with the requirements of the Department of Labor, for public and Indian housing residents and other section 3 residents in the building trades.

(4) Advertising the training and employment positions by distributing flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) to every occupied dwelling unit in the housing development or developments where category 1 or category 2 persons (as these terms are defined in § 135.34) reside.

(5) Advertising the training and employment positions by posting flyers (which identify the positions to be filled, the qualifications required, and where to obtain additional information about the application process) in the common areas or other prominent areas of the housing development or developments. For HAs, post such advertising in the housing development or developments where category 1 or category 2 persons reside; for all other recipients, post such advertising in the housing development or developments and transitional housing in the neighborhood or service area of the section 3 covered project.

(6) Contacting resident councils, resident management corporations, or other resident organizations, where they exist, in the housing development or developments where category 1 or category 2 persons reside, and community organizations in HUD-assisted neighborhoods, to request the assistance of these organizations in notifying residents of the training and employment positions to be filled.

(7) Sponsoring (scheduling, advertising, financing or providing in-kind services) a job informational meeting to be conducted by an HA or contractor representative or representatives at a location in the housing development or developments where category 1 or category 2 persons reside or in the neighborhood or service area of the section 3 covered project.

(8) Arranging assistance in conducting job interviews and completing job applications for residents of the housing development or developments where category 1 or category 2 persons reside and in the neighborhood or service area in which a section 3 project is located.

(9) Arranging for a location in the housing development or developments where category 1 persons reside, or the neighborhood or service area of the project, where job applications may be delivered to and collected by a recipient or contractor representative or representatives.

(10) Conducting job interviews at the housing development or developments where category 1 or category 2 persons reside, or at a location within the neighborhood or service area of the section 3 covered project.

(11) Contacting agencies administering HUD Youthbuild programs, and requesting their assistance in recruiting HUD Youthbuild program participants for the HA's or contractor's training and employment positions.

(12) Consulting with State and local agencies administering training programs funded through JTPA or JOBS, probation and parole agencies, unemployment compensation programs, community organizations and other officials or organizations to assist with recruiting Section 3 residents for the HA's or contractor's training and employment positions.

(13) Advertising the jobs to be filled through the local media, such as community television networks, newspapers of general circulation, and radio advertising.

(14) Employing a job coordinator, or contracting with a business concern that is licensed in the field of job placement (preferably one of the section 3 business concerns identified in part 135), that will undertake, on behalf of the HA, other recipient or contractor, the efforts to match eligible and qualified section 3 residents with the training and employment positions that the HA or contractor intends to fill.

(15) For an HA, employing section 3 residents directly on either a permanent or a temporary basis to perform work generated by section 3 assistance. (This type of employment is referred to as "force account labor" in HUD's Indian housing regulations. See 24 CFR 905.102, and §905.201(a)(6).)

(16) Where there are more qualified section 3 residents than there are positions to be filled, maintaining a file of eligible qualified section 3 residents for future employment positions.

(17) Undertaking job counseling, education and related programs in association with local educational institutions.

(18) Undertaking such continued job training efforts as may be necessary to ensure the continued employment of section 3 residents previously hired for employment opportunities.

(19) After selection of bidders but prior to execution of contracts, incorporating into the contract a negotiated provision for a specific number of public housing or other section 3 residents to be trained or employed on the section 3 covered assistance.

(20) Coordinating plans and implementation of economic development (e.g., job training and preparation, business development assistance for residents) with the planning for housing and community development.

II. Examples of Efforts To Award Contracts to Section 3 Business Concerns

(1) Utilizing procurement procedures for section 3 business concerns similar to those provided in 24 CFR part

DRAFT

6

905 for business concerns owned by Native Americans (see section m of this Appendix).

(2) In determining the responsibility of potential contractors, consider their record of section 3 compliance as evidenced by past actions and their current plans for the pending contract.

(3) Contacting business assistance agencies, minority contractors associations and community organizations to inform them of contracting opportunities and requesting their assistance in identifying section 3 businesses which may solicit bids or proposals for contracts for work in connection with section 3 covered assistance.

(4) Advertising contracting opportunities by posting notices, which provide general information about the work to be contracted and where to obtain additional information, in the common areas or other prominent areas of the housing development or developments owned and managed by the HA.

(5) For HAs, contacting resident councils, resident management corporations, or other resident organizations, where they exist, and requesting their assistance in identifying category 1 and category 2 business concerns.

(6) Providing written notice to all known section 3 business concerns of the contracting opportunities. This notice should be in sufficient time to allow the section 3 business concerns to respond to the bid invitations or request for proposals.

(7) Following up with section 3 business concerns that have expressed interest in the contracting opportunities by contacting them to provide additional information on the contracting opportunities. (B) Coordinating pre-bid meetings at which section 3 business concerns could be informed of upcoming contracting and subcontracting opportunities. (9) Carrying out workshops on contracting procedures and specific contract opportunities in a timely manner so that section 3 business concerns can take advantage of upcoming contracting opportunities, with such information being made available in languages other than English where appropriate. (10) Advising section 3 business concerns as to where they may seek assistance to overcome limitations such as inability to obtain bonding, lines of credit, financing, or insurance.

(11) Arranging solicitations, times for the presentation of bids, quantities, specifications, and delivery schedules in ways to facilitate the participation of section 3 business concerns.

(12) Where appropriate, breaking out contract work items into economically feasible units to facilitate participation by section 3 business concerns.

(13) Contacting agencies administering HUD Youthbuild programs, and notifying these agencies of the contracting opportunities.

(14) Advertising the contracting opportunities through trade association _papers and newsletters, and through the local media, such as community television networks, newspapers of general circulation, and radio advertising.

(15) Developing a list of eligible section 3 business concerns.

(16) For HAs participating in the "Contracting with Resident-Owned Businesses" program provided under 24 CFR part 963.

(17) Establishing or sponsoring programs designed to assist residents of public or Indian housing in the creation and development of resident-owned businesses.

(18) Establishing numerical goals (number of awards and dollar amount of contracts) for award of contracts to section 3 business concerns.

(19) Supporting businesses which provide economic opportunities to low income persons by linking them to the support services available through the Small Business Administration (SBA), the Department of Commerce and comparable agencies at the State and local levels.

(20) Encouraging financial institutions, in carrying out their responsibilities under the Community Reinvestment Act, to provide no or low interest loans for providing working capital and other financial business needs.

(21) Actively supporting joint ventures with section 3 business concerns.

(22) Actively supporting the development or maintenance of business incubators which assist Section 3 business concerns.

III. Examples of Procurement Procedures That Provide for Preference for Section 3 Business Concerns

This Section ill provides specific procedures that may be followed by recipients and contractors (collectively, referred to as the "contracting party") for implementing the section 3 contracting preference for each of 719 Pl. 135, App. the competitive procurement methods authorized in 24 CFR B5.36(d).

(1) Small Purchase Procedures. For section 3 covered contracts aggregating no more than $25,000, the methods set forth in this paragraph (1) or the more formal procedures set forth in paragraphs (2) and (3) of this Section ill may be utilized.

(i) Solicitation. (A) Quotations may be solicited by telephone, letter or other informal procedure provided that the manner of solicitation provides for participation by a reasonable number of competitive sources. At the time of solicitation, the parties must be informed of:

-the section 3 covered contract to be awarded with sufficient specificity; -the time within which quotations must be submitted; and -the information that must be submitted with each quotation. (B) If the method described in paragraph (i)(A) is

utilized, there must be an attempt to obtain quotations from a minimum of three qualified sources in order to promote competition. Fewer than three quotations are acceptable when the contracting party has attempted, but has been unable, to obtain a sufficient number of competitive quotations. In unusual circumstances, the contracting party may accept the sole quotation received in response to a solicitation provided the price is reasonable. In all cases, the contracting party shall document the circumstances when it has been unable to obtain at least three quotations.

(ii) Award. (A) Where the section 3 covered contract is to be awarded based upon the lowest price, the contract shall be awarded to the qualified section 3 business concern with

DRAFT

7

the lowest responsive quotation, if it is reasonable and no more than 10 percent higher than the quotation of the lowest responsive quotation from any qualified source. If no responsive quotation by a qualified section 3 business concern is within 10 percent of the lowest responsive quotation from

any qualified source, the award shall be made to the source with the lowest quotation.

x=lesser of: When the lowest responsive bid is less than $100,000………….. When the lowest responsive bid is:

At least $100,000, but less than $200,000……………….. At least $200,000, but less than $300,000……………….. At least $300,000, but less than $400,000……………….. At least $400,000, but less than $500,000……………….. At least $500,000, but less than $1 million……………… At least $1 million, but less than $2 million……………... At least $2 million, but less than $4 million……………... At least $4 million, but less than $7 million……………... $7 million or more………………………………………..

10% of that bid or $9,000 9% of that bid, or $16,000 8% of that bid, or $21,000 7% of that bid, or $24,000 6% of that bid, or $25,000 5% of that bid, or $40,000 4% of that bid, or $60,000 3% of that bid, or $80,000 2% of that bid, or $105,000 1½% of the lowest responsive bid, with no dollar limit.

(B) Where the section 3 covered contract is to be

awarded based on factors other than price, a request for quotations shall be issued by developing the particulars of the solicitation, including a rating system for the assignment of points to evaluate the merits of each quotation. The solicitation shall identify all factors to be considered, including price or cost. The rating system shall provide for a range of 15 to 25 percent of the total number of available rating points to be set aside for the provision of preference for section 3 business concerns. The purchase order shall be awarded to the responsible firm whose quotation is the most advantageous, considering price and all other factors specified in the rating system.

(2) Procurement by sealed bids (Invitations tor Bids). Preference in the award of section 3 covered contracts that are awarded under a sealed bid (IFB) process may be provided as follows:

(i) Bids shall be solicited from all businesses (section 3 business concerns, and nonsection 3 business concerns). An award shall be made to the qualified section 3 business concern with the highest priority ranking and with the lowest responsive bid if that bid-

(A) is within the maximum total contract price established in the contracting party's budget for the specific project for which bids are being taken, and

(B) is not more than "X" higher than the total bid price of the lowest responsive bid from any responsible bidder. "X" is determined as follows:

(ii) If no responsive bid by a section 3 business concern meets the requirements of paragraph (2)(i) of this section, the contract shall be awarded to a responsible bidder with the lowest responsive bid.

(3) Procurement under the competitive proposals method of procurement (Request for Proposals (RFP)). (i) For contracts and subcontracts awarded under the competitive proposals method of procurement (24 CFR 85.36(d)(3)), a Request for Proposals (RFP) shall identify all evaluation facts (and their relative importance) to be used to rate proposals.

(ii) One of the evaluation factors shall address both the preference for section 3 business concerns and the acceptability of the strategy for meeting the greatest extent feasible requirement (section 3 strategy), as disclosed in proposals submitted by all business concerns (section 3 and

non-section 3 business concerns). This factor shall provide for a range of 15 to 25 percent of the total number of available points to be set aside for the evaluation of these two components.

(iii) The component of this evaluation factor designed to address the preference for section 3 business concerns must establish a preference for these business concerns in the order of priority ranking as described in 24 CFR 135.36.

(iv) With respect to the second component (the acceptability of the section 3 strategy), the RFP shall require the disclosure of the contractor's section 3 strategy to comply with the section 3 training and employment preference, or contracting preference, or both, if applicable. A determination of the contractor's responsibility will include the submission of an acceptable section 3 strategy. The contract award shall be made to the responsible firm (either section 3 or non-section 3 business concern) whose proposal is determined most advantageous, considering price and all other factors specified in the RFP.

DRAFT

APPENDIX B

8

24 CFR § 135.38 Section 3 clause.

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b).

DRAFT

II

City of PascagoulaCOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

CERTIFICATION OF CONTRACTOR REGARDING

EQUAL EMPLOYMENT OPPORTUNITY (For Prime Contracts Exceeding $10,000)

INSTRUCTIONS

This Certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations

provide that any bidder or prospective contractor, or any other of their proposed subcontractors, shall state as an initial part of

the bid or negotiations of the contract whether it has participated in any previous contract or subcontract subject to the equal

opportunity clause, and if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under applicable instructions, such b idder

shall be required to submit a compliance report within seven (7) calendar days after bid opening. No contract shall be awarded

unless such report is submitted.

CERTIFICATION BY BIDDER

Name and address of bidder

1. Bidder has participated in a previous contract or subcontract subject to the EEO Clause.

__ Yes __ No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

__ Y� __ No

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

__ Yes __ No

4. Have you ever been or are you being considered for sanction due to violation of Executive Order 11246, as amended?

__ Yes __ No

Name and Title of Authorized Representative (print or type)

Signature of Authorized Representative Date

4

I

DRAFT

SECTION 3 BUSINESS CONCERN CERTIFICATION Eligibility for Preference

Instructions:

This form must be completed and signed by all contractors to certify whether they qualify for preference as a Section 3 Business Concern.

Company Name:

Address:

Contact Person: Phone Number:

Number of Employees: (full time) (part time)

Does your firm represent and certify that it is a Section 3 business concern?

Yes No

If yes, please check all that apply. The contractor represents and certifies that:

The contractor's firm is 51 percent or more owned by Section 3 residents; or

The contractor's permanent, full‐time employees include persons, at least 30 percent of whom are

currently Section 3 residents, or within three years of the date of their first employment with the

business were Section 3 residents; or

The contractor hereby commits to subcontract in excess of 25 percent of the dollar amount of all

subcontracts to be awarded by the business under the proposed contract to Section 3 businesses that

meet either of the above two criteria, as identified below and detailed further in the contractor's

Section 3 Subcontracting Plan:

SUBCONTRACTOR NAME SUBCONTRACT AMOUNT

$ ‐

$ ‐

$ ‐

$ ‐

$ ‐

On behalf of the above-referenced Company, I certify, under the penalty of perjury, that my answers are true and complete to the best of my knowledge. I understand that false or misleading information in this certification or other information provided may result in the termination of Company’s contract and debarment, or prosecution.

DATE SIGNATURE OF COMPANY REPRESENTATIVE

DRAFT

SECTION 3 RESIDENT CERTIFICATION - 2020

Jackson County

Instructions: 1. A section 3 resident seeking preference in training and employment must certify, or submit evidence to the

recipient contractor or subcontractor, if requested, that the person is a Section 3 resident, as defined in 24 CFR 135.5.

2. To indicate your eligibility for preference, complete this form and submit it to the contractor or subcontractor that has advertised the position you are seeking.

Submitted to: (“Contractor”) (“Subcontractor”).

I, , am a legal resident of .

My permanent address is:

I am a Section 3 resident because (must check one):

I am a resident of public housing, OR

My household met the income eligibility guidelines below (circle applicable number in household and income limit).

If requested, I am able to provide Contractor or Subcontractor (as applicable) with the following documentation as evidence of my status (provide at least one):

Copy of lease in a Federally assisted program

Copy of evidence of participation in public assistance program that assists low or very low income persons

Copy of household income tax return(s)

Copy of receipt of public assistance

SECTION 3 INCOME LIMITS All residents of public housing developments qualify as Section 3 residents. Additionally, individuals residing in Jackson County who meet the income

limits set forth below can also qualify for Section 3 status.Number in Household

Annual Household Income Less Than

1 $38,7502 $44,2503 $49,8004 $55,3005 $59,7506 $64,1507 $68,6008 $73,000

Revised with 2020 Income Limits

I certify, under the penalty of perjury, that my answers are true and complete to the best of my knowledge. I understand that false or misleading information in this certification or other information provided to contractor or subcontractor may result in my termination or prosecution.

DATE SIGNATURE

DRAFT


Harrison County















SECTION 3 INCOME LIMITS All residents of public housing developments qualify as Section 3 residents. Additionally, individuals residing in Harrison County who meet the income



1 $34,1002 $39,0003 $43,8504 $48,7005 $52,6006 $56,5007 $60,4008 $64,300



DATE SIGNATURE

DRAFT


Hancock County















SECTION 3 INCOME LIMITS All residents of public housing developments qualify as Section 3 residents. Additionally, individuals residing in Hancock County who meet the income



1 $34,1002 $39,0003 $43,8504 $48,7005 $52,6006 $56,5007 $60,4008 $64,300



DATE SIGNATURE

DRAFT

U.S. Department of Labor PAYROLL (For Contractor's Optional Use; See Instructions at www.dol.gov/whd/forms/wh347instr.htm)Wage and Hour Division

Persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

NAME OF CONTRACTOR OR SUBCONTRACTOR ADDRESS OMB No.:1235-0008 Expires: 04/30/2021

PAYROLL NO. FOR WEEK ENDING PROJECT AND LOCATION PROJECT OR CONTRACT NO.

(1) (2) (3) (4) DAY AND DATE (5) (6) (7) (9) (8)

DEDUCTIONS

O

O

O

O

O

O

O

O

NAME AND INDIVIDUAL IDENTIFYING NUMBER (e.g., LAST FOUR DIGITS OF SOCIAL SECURITY

NUMBER) OF WORKER NO

. OF

WIT

HH

OLD

iNG

E

XEM

PTI

ON

S

WORK CLASSIFICATION

OT.

OR

ST.

HOURS WORKED EACH DAY TOTAL HOURS

RATE OF PAY

GROSS AMOUNT EARNED FICA

WITH-HOLDING

TAX OTHER TOTAL

DEDUCTIONS

NET WAGES

PAID FOR WEEK

S

S

S

S

S

S

S

S

Rev. Dec. 2008

Rev. Dec. 2008

While completion of Form WH-347 is optional, it is mandatory for covered contractors and subcontractors performing work on Federally financed or assisted construction contracts to respond to the information collection contained in 29 C.F.R. §§ 3.3, 5.5(a). The Copeland Act (40 U.S.C. § 3145) contractors and subcontractors performing work on Federally financed or assisted construction contracts to "furnish weekly a statement with respect to the wages paid each employee during the preceding week." U.S. Department of Labor (DOL) regulations at 29 C.F.R. § 5.5(a)(3)(ii) require contractors to submit weekly a copy of all payrolls to the Federal agency contracting for or financing the construction project, accompanied by a signed "Statement of Compliance" indicating that the payrolls are correct and complete and that each laborer or mechanic has been paid not less than the proper Davis-Bacon prevailing wage rate for the work performed. DOL and federal contracting agencies receiving this information review the information to determine that employees have received legally required wages and fringe benefits.

Public Burden Statement

We estimate that is will take an average of 55 minutes to complete this collection, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspect of this collection, including suggestions for reducing this burden, send them to the Administrator, Wage and Hour Division, U.S. Department of Labor, Room S3502, 200 Constitution Avenue, N.W. Washington, D.C. 20210

(over)

DRAFT

DRAFT

http://www.dhs.gov/e-verify

DRAFT

katie

Text Box

DRAFT

katie

Rectangle

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

Lower Tier Covered Transactions* (Note: Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds). Title 24 Code of Federal Regulations Part 24 requires that the City not enter into contract with any agency, corporation, partnership, or other legal entity that has been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. As a condition of receiving funding under the Community Development Block Grant, HOM E, Emergency Shelter , and Housing Opportunities for Persons with AIDS {HOPWA) programs, you are required to sign the certification below which specifies that neither you nor your principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in programs funded by a Federal agency. It also certifies that you will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 24 CFR Part 24. If you need to determine whether your agency/firm has been debarred or suspended, or if a subcontractor you plan to hire is suspended or debarred, please refer to the following sources:

• List of Parties Excluded from Federal Procurement and Non-procurement Prog rams, issued by

the U. S. General Services Administration, Office of Acquisition Policy. Contact the Superintendent of Documents, U.S. Government Printing Office, Washington D.C. 20402. Telephone number is 202-512-1800.

• Internet access is also available at: http://epls.arnet .gov NOTICE TO BIDDERS/CONTRACTORS The City of Pascagoula, either through its Planning and Grants Department, or its Grantee, Mississippi Development Authority, as applicable, will document contractor compliance with this certification through www.epls.arnet.qov prior to acceptance and award of contract. DRAFT

http://www.epls.arnet.qov/

CERTIFICATION REGARDING DEBARMENT AN SUSPENSION

for

City of Pascagoula Community Development Block Grant {CDBG) Program, HOME Program

Contractor:

Contract:

Contract Year:

1. The Contractor certifies to the best of its knowledge and belief, that:

a. The Contractor and its principals are not presently debarred, suspended, proposed for debarment,

declared ineligible, or voluntarily excluded from covered transactions by any Federal agency;

b. The Contractor and its principals have not, within a three-year period preceding this contract, been

convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense

in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local)

transaction or contract under public transaction; violation of Federal or State antitrust statutes, or

commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false

statements, or receiving stolen property;

c. The Contractor and its principals are not presently indicted or otherwise criminally or civilly charged by a

governmental entity (Federal, State or local) with commission of any of the offenses enumerated in 1. B.

above; and;

d. The Contractor and its principals have not, within a three-year period preceding this contract, had one

or more public transactions (Federal, State or local) terminated for cause or default.

2. The certification in this clause is a material representation of fact upon which reliance was placed. When the

City determines that the Contractor knowingly rendered an erroneous certification, in addition to other

remedies available to the City, the City may terminate this Contract for cause or default.

3. The Contractor shall provide immediate written notice to the City if, at any time, Contractor learns that its

certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction",

"Grantee", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used

in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing

Executive Order 12549: 45 CFR Part 76.

5. The Contractor agrees that it shall not knowingly enter into any lower tier covered transaction with a person

who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered

transaction, unless authorized by the City.

6. The Contractor further agrees that it will include the clause titled "Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction", provided by the County,

14

DRAFT

or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of forty hours without payment of the overtime wages required by the clause set for in subparagraph (1) of this paragraph.

(3) Withholding for unpaid wages for liquidated damages. HUD or its designees shall upon its own act on or upon written request of an authorized representative of the Department of Labor withhold of cause to be withheld from any moneys payable on account of work performed by the contractor subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated dames as provided in the clause set forth in subparagraph (2) of this paragraph.

(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph.

C. Health and Safety (a) No laborer or mechanic shall be required to work in surrounding or under working conditions that are unsanitary, hazardous,

or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation.

(2) The contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 (formerly Part 1518) and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act (Public Law 91-54, 83 Stat. 96).

(3) The Contractor shall include the provisions of this Article in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontract as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions.

DAVIS-BACON

WAGE DETERMINATION

ATTACHED

PROJECT: MCC Ballpark Improvements

WAGE DECISION

Heavy Construction

WAGE DECISION#:

DRAFT

"General Decision Number: MS20200061 01/03/2020 Superseded General Decision Number: MS20190061 State: Mississippi Construction Type: Heavy HEAVY CONSTRUCTION PROJECTS County: Jackson County in Mississippi. HEAVY CONSTRUCTION PROJECTS EXCLUDING FLOOD CONTROL Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2020 SUMS2015-026 04/03/2017 Rates Fringes CARPENTER, Includes Form Work....$ 16.57 0.00 CEMENT MASON/CONCRETE FINISHER...$ 17.75 0.00 ELECTRICIAN......................$ 27.16 7.45 IRONWORKER, REINFORCING..........$ 20.63 0.00 IRONWORKER, STRUCTURAL...........$ 19.00 0.00 LABORER: Common or General, Includes Water Sewer Lines.......$ 15.05 0.00

DRAFT

LABORER: Pipelayer, Includes Water Sewer Lines................$ 14.04 1.92 OPERATOR: Backhoe/Excavator/Trackhoe.......$ 17.89 0.00 OPERATOR: Bulldozer.............$ 18.85 1.18 OPERATOR: Crane.................$ 22.66 4.66 TRUCK DRIVER: Dump Truck, Includes Water Sewer Lines.......$ 16.03 0.95 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of

DRAFT

the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter

DRAFT

* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION "

DRAFT

ATTACHMENT E

REQUIRED ON-SITE SIGNS AND NOTICES

GENERAL CONTRACTOR ONLY

The Following Sign must be posted on-site

• 4' x 6' Required On-Site Katrina Community Development Block Grant Project Sign {See attached sample). Cost is part of the contractor bid.

The Following Notifications must be posted on-site or near-on site where all project employees have daily access

• Davis-Bacon Federal Hourly Wage Rates (Project Specific} • Mississippi Complete Labor Law Poster

o Equal Employment Opportunity Is the Law o Notice Employee Polygraph Protection Act o Mississippi Workers Compensation Notice of Coverage o Your Rights under USERRA o Equal Opportunity is the Law o Anti-Discrimination Notice o Employee Rights and Responsibilities under Family and Medical Leave Act o OSHA Job Safety and Health o Unemployment Insurance for Employees o Federal Minimum Wage Rates

(The Above Poster will be provided by the City of Pascagoula)

• Section 3 Plan and Section 3 Job Notices

DRAFT

PROJECT SIGN 4’ X 6’ COMMUNITY DEVELOPMENT BLOCK GRANT MCC BALLPARK IMPROVEMENTS _____________________________________________________ CITY OF PASCAGOULA

GOVERNOR TATE REEVES STATE OF MISSISSIPPI

MISSISSIPPI DEVELOPMENT AUTHORITY Glenn McCullough, Jr., EXECUTIVE DIRECTOR

Dr. Steve Demetropoulos, Mayor, City of Pascagoula Michael Silverman, City Manager, City of Pascagoula

CITY COUNCIL

Rev. Dr. Willie C. Jones – Ward 1 Felix Fornett, Sr. – Ward 2 Stephen Burrow – Ward 3

Matt Parker – Ward 4 Scott Tipton – Ward 5

Jennifer Colmer – At-Large

U.S. Department of Housing and Urban Development

DRAFT

COMPTON ENGINEERING, INC. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, 218-049.006 NON—COLLUSION AND OTHER RESPONSIBILITY MATTERS 00870-1

SECTION 00870 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, NON-COLLUSION AND OTHER RESPONSIBILITY MATTERS

Under Executive Order 12549 individuals or organizations debarred from participation in Federal Assistance Programs may not receive an assistance award under a federal program or subagreement there under for $25,000 or more. Accordingly, each recipient of a Federally-Funded contract or subcontract exceeding $25,000 must complete the following certification (see 40 CFR 32.510). The prime bidder shall attach the copies of this certification to his bid. The prospective participant certifies to the best of their knowledge and belief that it and its principals: (a) Have not either directly or indirectly entered into any agreement, participated in any collusion; or otherwise

taken any action in restraint of free competitive bidding in connection with this contract; nor have any of its officials, partners, employees or principal owners;

(b) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(c) Have not within a three year period preceding this proposal been convicted of or had a civil judgment

rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(d) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal,

State or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (e) Have not within a three year period preceding this application/proposal had one or more public transactions

(Federal, State or local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 U.S.C. Subsection 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. MCC Ballpark Improvements Title of Project or Subcontract Prime or Subcontractor’s Name Signature/Date ( ) I am unable to certify to the above statements. Attached is my explanation.

DRAFT

COMPTON ENGINEERING, INC. CONTRACTOR CERTIFICATION STATEMENT 218-049.006 00880-1

SECTION 00880 CONTRACTOR CERTIFICATION STATEMENT

STANDARD TERMS AND CONDITIONS AND FEDERAL ASSURANCES

Contractor Name: ________________________________________________ Contract Number #: _______________ The CONTRACTOR, by and through the undersigned authorized representative, further assures and certifies that: 1) it is familiar with, 2) it is complying with, and 3) it will continue to comply with all state and federal laws that apply to Contractor’s activities or that impose restrictions on the Contractor’s use of federal funding or grants, including, but not limited to, the following: EQUAL EMPLOYMENT OPPORTUNITY: If the contract is in excess of $10,000, contractor or subrecipient shall be prohibited from discrimination in all construction contracts and subcontracts. (Executive Order 11246, as amended by Executive Order 11375; 41 CFR, Part 60) COPELAND “ANTI-KICKBACK” ACT: If the contract is in excess of $2,000, contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public works, to give up any part of the compensation to which he/she is otherwise entitled. (18 U.S.C. § 874; 29 CFR, Part 3) SECTION 102 AND 107 OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT: If the contract is a construction contract in excess of $2,000 or other contract which involves mechanics or laborers in excess of $2,500, contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1-1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. (40 U.S.C. § 327 - 330; 29 CFR, Part 5)

Section 107 of the Contract Work Hours and Safety Standards Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions, which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

DAVIS-BACON ACT: If the contract is a construction or repair contract in excess of $2,000, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less often than once a week. The award of a contract shall be conditioned upon the acceptance of the wage determination. (40 U.S.C. § 276a through a-7; 29 CFR, Part 5) AUTHORIZED ACCESS TO DOCUMENTS: The contractor agrees that the Recipient (Owner), Hancock County, the Office of Inspector General, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract. DOCUMENTS OF RECORD: The contractor agrees to maintain all required records for five (5) years after the Recipient (Owner) makes final payments and all other pending matters are closed. FEDERAL CLEAN AIR ACT (42 U.S.C. § 7401 et seq.) and FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. §1251 et seq.): If the contract in excess of $100,000, contractors shall be required to comply with all applicable standards, orders, or regulations issued pursuant to the aforementioned Acts. Violations shall be reported to the regional office of Environmental Protection Agency (EPA).

DRAFT

COMPTON ENGINEERING, INC. CONTRACTOR CERTIFICATION STATEMENT 218-049.006 00880-2

Certification of compliance with the above-identified provisions is a material representation of fact upon which the STATE relies in contracting with the CONTRACTOR. The failure to comply with any of said provisions is grounds for corrective action, suspension, and/or termination of this contract. ________________________________________________ _________________ CONTRACTOR’S Authorized Representative (Signature) Date ________________________________________________ CONTRACTOR’S Authorized Representative (Please Print) ________________________________________________ Title (Please Print)

DRAFT

COMPTON ENGINEERING, INC. GENERAL REQUIREMENTS 218-049.006 01000-1

SECTION 01000 GENERAL REQUIREMENTS

_________________________________________________________________________________ 1.0 GENERAL 1.1 This Section describes the general requirements for all specifications provided in the Project Manual and is

complementary to the General Conditions of the Contract contained in the Contract Documents. 1.1.1 This Section is not intended to duplicate or contradict the General Conditions. Contradictions shall be brought

to the attention of the Engineer.

In resolving inconsistencies in the Contract Documents, the Contractor shall give precedence in the following order:

1. Contract. 2. Supplementary Conditions. 3. General Conditions. 4. Specifications. (*) 5. Drawings. (*) 6. Geotechnical information.

(*) Figure dimensions on drawings shall take precedence over scale dimensions; detail drawings shall take precedence over general drawings. In case of a discrepancy between specifications and drawings or between various specification sections, the most expensive shall apply.

1.2 RELATED SECTIONS

Part 2 Contract Forms Part 3 Conditions of the Contract Part 4 Technical Specifications

1.2.1 Where Related Sections are referenced within a specification section, the Contractor shall coordinate the

prescribed Work with the Work prescribed in each Related Section. 1.3 MEASUREMENT AND PAYMENT 1.3.1 Unless a specific line item has been provided in the Bid Form, any Work associated with this Section shall be

considered incidental. 1.3.2 If a specification has been provided in the Bid Form, payment shall be made at the appropriate Contract lump

sum or unit price item. Payment for work in this section shall be included in the lump sum or unit price bid to which it is subsidiary.

1.4 REFERENCES

The publications listed below form part of these specifications. Each publication shall be the latest revision and addendum in effect on the date this Project Manual is issued for construction. Except as modified by the requirements specified herein or the details of the drawings, Work included in these specifications shall conform to the applicable provisions of the following publications:

AA Aluminum Association AAMA Architectural Aluminum Manufacturer's Association AASHTO American Association of State Highway and Transportation Officials ABPA Acoustical and Board Products Association ACI American Concrete Institute ADA Americans with Disabilities Act AGA American Gas Association

DRAFT


AGMA American Gear Manufacturers Association AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction AISE Association for Iron and Steel Technology AISI American Iron and Steel Institute AITC American Institute of Timber Construction ANSI American National Standards Institute APA American Plywood Association API American Petroleum Institute ASCE American Society of Civil Engineers ASD Allowable Stress Design ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineers, Inc. ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASTM American Society for Testing and Materials AWI Architectural Woodwork Institute AWPA American Wood Preservers Association AWPB American Wood Preservers Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturers Association CRSI Concrete Reinforcing Steel Institute CS Commercial Standard DASMA Door and Access Systems Manufacturer’s Association EPA United States Environmental Protection Agency FM Factory Mutual Global FMRC Factory Mutual Research Corporation FS (Fed. Spec.) Federal Specifications GRI Geosynthetic Institute HI Hydraulic Institute HMI Hoist Manufacturers Institute IBC International Building Code IAS International Accreditation Service ICBO International Conference of Building Officials IEEE Institute of Electrical and Electronics Engineers, Inc. ICEA Insulated Cable Engineers Association LGSI Light Gauge Steel Institute MARV Minimum Average Roll Valve MBMA Metal Building Manufacturers Association MDEQ Mississippi Department of Environmental Quality MDOT Mississippi Department of Transportation NADCA National Air Duct Cleaners Association NBHA National Builders Hardware Association NBS National Bureau of Standards NEC National Electrical Code NEMA National Electrical Manufacturers Association NESC National Electric Safety Code NFPA National Fire Protection Association NFSI National Floor Safety Institute NRMCA National Ready Mixed Concrete Association NLMA National Lumber Manufacturers Association NSF National Science Foundation NWMA National Woodwork Manufacturers Association OSHA Occupational Safety and Health Act (both Federal and State) PCA Portland Cement Association PCI Prestressed Concrete Institute PEMB Pre-Engineered Metal Building PS Product Standards Section - U.S. Department of Commerce RMA Rubber Manufacturers Association

DRAFT


SAE Society of Automotive Engineers SDI Steel Door Institute SJI Steel Joists Institute SSPC Steel Structures Painting Council STD SPEC Mississippi Standard Specifications for Road and Bridge Construction TCA Tile Council of America UL Underwriters Laboratories, Inc. WWPA Western Wood Products Association

1.5 APPLICABLE REFERENCES AND CODES 1.5.1 All references to codes, specifications, and standards referred to in specification sections and on drawings shall

mean latest edition, amendment or revision of such reference standard in effect as of date of these Contract Documents. In case of a conflict between referenced document and Project Specifications, Project Specifications will govern. If there is a conflict with applicable codes and laws, Contractor shall immediately notify Engineer before proceeding with Work. In case of a conflict between Contract Documents and the law, the law will govern.

1.5.2 The governing building codes shall be International Building Code 2015. Building codes are subject to change

for the time Projects are designed/engineered to the time the Contract is let. Any discrepancies determined by the Building Official or Contractor shall immediately be brought to the Engineer’s attention.

1.5.3 The Work in all Projects shall be in strict compliance with the following documents: 1. Americans with Disabilities Act of 1990 – 2010 ADA Standards for Accessible Design and Method

documents. 2. In Public Rights-of-Way, the Proposed Accessibility Guidelines for Pedestrian Facilities in the Public

Right-of-Way (also known as PROWAG). 1.6 CONTRACT DOCUMENTS 1.6.1 It is the intent of the Contract Documents to provide the Owner with a complete, operable, functional, system

and/or building. 1.6.2 The Contract documents are intended to define the general design and scope of the work to complete the Work.

The Contractor shall include all components which are normally incidental to the Work. Those components which are not specified or shown on the drawing but which are required as an essential aesthetic, functional, or code required element of the Work shall be included on the Contract. All miscellaneous appurtenances shall be considered as having been included in the applicable unit prices or lump sum prices bid for the Work even though these appurtenances and items may not be specifically called for in the specifications.

1.6.3 The contract documents are complementary; that which is required by any one shall be as binding as if required by all.

1.6.4 Work not covered in the specifications and drawings will not be required, unless it is consistent therewith and is

reasonably inferable therefrom as being necessary to produce intended results. 1.6.5 Written interpretations of specifications and drawings are valid only when issued by the Engineer. 1.6.6 Words and abbreviations which have well-known technical or trade meanings are used in the specifications and

drawings in accordance with such recognized meanings. 1.6.7 Where custom built equipment is specified, and an independent testing laboratory label or listing is not

applicable to the completed product, components used in the construction and assembly of such equipment must be labeled or listed by an independent testing laboratory acceptable to the local governing authorities, where such label or listing is applicable to the components. These labels shall be securely affixed to the components in a conspicuous location.

DRAFT


1.7 DRAWINGS 1.7.1 The Vertical Construction Drawings are diagrammatic, intending to illustrate general locations and

arrangements of components, structures, piping, wiring, equipment, and specialties and not necessarily showing the required offsets, connections, or appurtenances. Accurately lay out work in coordination with other trades to avoid conflicts and to obtain a neat and workmanlike installation which will afford maximum practical accessibility for operation, maintenance, and headroom.

1.7.2 The Site Drawings are diagrammatic, intending to illustrate general locations and arrangements of components,

piping, equipment, and structures and are not necessarily showing the required offsets, connections, fittings, or appurtenances. Contractor shall not use electronic files, even if provided by the Engineer, to locate civil materials and equipment, including, but not limited to, hydrants, valves, cleanouts, backflows, meters, etc. All such items shall be located per the Contract Documents (specifications, plans, details, and notes) and industry standards. Accurately lay out Work in coordination with other trades to avoid conflicts and to provide maximum practical accessibility for operation and maintenance.

1.7.3 Layout in field from electronic drawings shall be at the risk of the Contractor. The Contractor is responsible for

placement/location of objects as detailed or noted in the drawings. If the Contractor does not have sufficient information to place/locate objects, then the Contractor shall immediately bring their concerns to the attention of the Engineer prior to ordering materials and starting Work.

1.7.4 Drawing scale is selected for convenience in presentation and not for establishment of dimensions.

1. Use drawing dimensions for performance of Work. 2. A bar scale is provided on the drawing and/or in the title block. Should a bar scale not equal the length as

noted, then Contractor shall be responsible for adjusting scale(s) accordingly. 3. Verify actual dimensions at the site to determine that sufficient space exists and that no interference will be

caused. 1.7.5 Omitted words or phrases shall be supplied by inference in the same manner as they are when a “note” occurs

on the Drawings. 1.7.6 Where on any of the Drawings a portion of the Work is drawn out and the remainder is indicated in outline, the

parts drawn out shall apply also to all other portions of the Work.

1.7.7 Wherever a detail is referenced and developed for a specific condition, same or similar detail shall apply to identical or similar conditions elsewhere on Project even though not specifically referenced.

1.7.8 Where the word “similar” occurs on the Drawings, it shall be interpreted in its general sense and not as meaning identical, all details shall be worked out in relation to their location and their connection with other parts of the Work.

1.8 SPECIFICATIONS 1.8.1 Specifications are divided into Divisions and Sections for the convenience of writing and using. Titles are not

intended to imply a particular trade jurisdiction. Engineer/Owner is not bound to define the limits of any subcontract, and will not enter into disputes between the Contractor and his employees, including Subcontractors.

1.8.2 Pages are numbered independently for each Section, and recorded in the Table of Contents. Section number is

shown with the page number at the bottom of each page. The end of each Section of the specifications is ended by “End of Section”. It is Contractor’s responsibility to verify that Contract Documents received for bidding and/or construction are complete in accordance with Table of Contents.

1.8.3 The language employed in the Contract Documents is addressed directly to the Contractor. Imperative or indicative language is generally employed throughout and requirements expressed are the mandatory responsibility of the Contractor, even though the Work specified may be accomplished by specialty subcontractors engaged by the Contractor. References to third parties in this regard shall not be interpreted in any way as to relieve the Contractor of his or her responsibility under this Contract.

DRAFT


1.8.4 These Specifications are of the abbreviated, or “streamlined” type, and may include incomplete sentences.

1.8.5 Omissions of words or phrases such as “the Contractor shall”, “in conformity therewith”, “shall be”, “as noted on the Drawings”, “according to the Drawings”, “a”, “an”, “the” and “all” are intentional.

1.9 QUALITY ASSURANCE

1.9.1 The Contractor shall coordinate and obtain all necessary permits and approvals or guidelines from governing

regulatory agencies before proceeding with any items of Work under or within such jurisdiction(s). 1.9.2 Building permits, if required, shall be paid by the Contractor.

1.9.3 The Contractor shall be responsible for verifying the exact locations of all existing underground utilities with

providers. 1.9.4 The Contractor shall subcontract with suppliers and fabrication and installation companies which can

demonstrate they possess the knowledge, experience, and proven capabilities to fully perform all aspects of the Work required without omission.

1.10 PROJECT / SITE CONDITIONS 1.10.1 The Contractor shall be responsible for providing the necessary utilities including, but not limited to, water,

waste, temporary power, gas, and communications to perform the Work to the site, if required. The Contractor shall also be responsible for providing and maintaining waste facilities (chemical toilets), as needed.

1.10.2 For additional Project and or Site Conditions refer to Section 01011 – Site Conditions and Section 01500 –

Temporary Construction Facilities and Controls. 1.11 SAFETY / EMERGENCY / HEALTH 1.11.1 Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and

programs in connection with the Work. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to all persons, Work, materials, equipment, and other property at the Site or adjacent thereto, as described in Part 3 – Conditions of the Contract. Traffic control measures shall be adhered to by the Contractor at all times.

1.11.2 All Contractors and subcontractors acknowledge their obligation to comply with all applicable Federal, State and local acts and regulations, and , without limiting this obligation, and in addition to all other indemnities provided for in this Contract, agree to comply with all requirements of the Occupational Safety and Health Act of 1970 (OSHA), including latest amendments.

1.11.3 Material and equipment incorporated into Project, which by their nature are governed by OSHA regulations, shall conform to said OSHA regulations, for both manufacturer and installation. Material and/or installation that does not conform to said OSHA regulations shall be corrected by responsible Contractor to comply with such regulations at no additional cost to Owner or Engineer.

1.11.4 In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. In the event of such an emergency, the Contractor shall act without previous instructions from the Owner or Engineer, as the situation may warrant.

1.11.5 Accident Reports

If serious injury or damage occurs, the accident shall be reported immediately by telephone or messenger to the Engineer and to appropriate local authorities. In addition, the Contractor must promptly report in writing to the Engineer all accidents in connection with the work, giving full details, names and statements of witnesses.

DRAFT


1.11.6 If a claim is made by anyone against the Contractor or any subcontractor resulting from an accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim, including investigating and restitution.

1.12 COMPLAINTS

All complaints received by the Contractor shall be reported to the Engineer no later than the working day following receipt thereof. Such reports shall include the name, address, date, time received, date and type of action complained above, and a brief description of the alleged damages or other circumstances upon which the complaint is predicated. Each complaint shall be assigned a separate number, and all complaints shall be numbered consecutively in order of receipt. In the event more than one complaint is received from the same complainant, each later complaint shall show all previous complaint numbers registered by the same complainant. In addition, a summary report shall be made to the Engineer each month which shall indicate the date, time, and name of the person investigating the complaint and the amount of damages claimed (or estimated thereof), including the amount of settlement, if any. When settlement of a claim is made, the Engineer shall be furnished with a copy of the release of claim by the claimant. The Owner shall be notified immediately, throughout the statutory period of liability, of any formal claims or demands made by attorneys on behalf of claimants; of the serving of any notice, summons, subpoena, or other legal documents incidental to litigation; and for any out of court settlement or court verdicts resulting from litigation.

2.0 PRODUCTS 2.1 Refer to Section 01330 – Submittal and specific technical specifications. 3.0 EXECUTION 3.1 FIELD QUALITY CONTROL 3.1.1 Workmanship completed under this work shall be first class in every respect. Surfaces, members, frames, and

units shall be true, even, and in alignment. No warped, bent, dented, or otherwise damaged members of units shall be built into the work. Connections shall be true, tight, and neat. Arises, soffits, and intersections shall be straight and true. Finishes shall be free from chips, dents, or other imperfections not in conformity with first-class work.

3.1.2 Factory assemblies shall conform to the first-class standards of the trades concerned. 3.1.3 Defective materials shall not be built in and, if built in, shall be removed at the Contractor's expense. Where, in

the opinion of the Construction Manager or Owner, doubt exists as to the quality or effectiveness of the work, the work shall be reinstalled as directed.

3.2 CLEANUP 3.2.1 Daily Cleanup A. At all times, maintain areas covered by the Contract and public properties free from accumulations of waste,

debris, and rubbish caused by construction operations.

B. Remove from site or place in appropriate containers all crates, cartons, trash and flammable waste materials from the work areas by the end of each working day. Such containers shall be incidental and provided by the Contractor.

C. Cleaning and disposal operations shall comply with local ordinances and anti-pollution laws. Do not burn or bury rubbish, debris, or waste materials on the project site or dispose of volatile wastes such as mineral spirits, oil, chemicals, or paint thinner in storm or sanitary drains. Disposal of waste, debris, and rubbish into streams or waterways is prohibited.

D. Excavated materials shall be removed from the site in a manner that will cause the least damage to adjacent lawns, grassed areas, trees, gardens, shrubbery, or fences regardless of whether these are on private property or on public rights-of-way.

DRAFT


E. Clean and restore any finished surface which is defaced in any way.

F. Provide and maintain nonstaining kraft building paper on finished floors. 3.2.2 Final Cleanup

Refer to Section 01700 – Contract Closeout.

*** END OF SECTION ***

DRAFT

COMPTON ENGINEERING, INC. SUMMARY OF WORK 218-049.006 01010-1

SECTION 01010 SUMMARY OF WORK

______________________________________________________________________________ 1.0 GENERAL 1.1 This section describes the project in general and provides an overview of the extent of the work to be

performed. Detailed requirements and extent of work is stated in the specifications and Contract Drawings. 1.2 RELATED SECTIONS

Section 00100 Invitation to Bid 1.3 MEASUREMENT AND PAYMENT 1.3.1 Unless a specific line item has been provided in the Bid Form, any Work associated with this Section shall be



1.3.3 Any part or item of the work which is reasonably implied or normally required to make each installation

satisfactorily operable shall be performed by the Contractor and the expense thereof shall be included in the applicable unit prices or lump sum prices bid for the work. It is the intent of these specifications to provide the Owner with complete operable systems, subsystems, and other items of work. All miscellaneous appurtenances and other items of work that are incidental to meeting the intent of these specifications shall be considered as having been included in the applicable unit prices or lump sum prices bid for the work even though these appurtenances and items may not be specifically called for in the specifications.

1.4 DESCRIPTION OF THE PROJECT 1.4.1 The Contractor shall provide all labor, materials, and supervision to perform the Work as generally described in

Section 00100 – Invitation to Bid and described in the Project Manual and illustrated in the Contract Drawings. 1.5 SEQUENCE OF OPERATIONS 1.5.1 The Contractor is required to determine his own method of construction and detailed work sequence, within the

terms of the Contract. 1.5.2 The Contractor shall cooperate in the coordination of his activities in a manner that will provide the least

interference with other contracts, other contractors, and/or utility companies working in the area. 1.5.3 If any difficulty or dispute should arise in the accomplishment of the above, the problem shall be brought

immediately to the attention of the Engineer. 1.6 WORK COVERED BY CONTRACT DOCUMENTS 1.6.1 Contractor’s Duties: 1.6.1.1 Except as specifically noted, provide and pay for:

a. Labor, materials and equipment. b. Tools, construction equipment and machinery. c. Water, heat and utilities required for construction. d. Other facilities and services necessary for proper execution and completion of the Work.

DRAFT


1.6.1.2 Pay legally required sales, consumer, use, payroll, privilege and other taxes. 1.6.1.3 Secure and pay for, as necessary, for proper execution and completion of work, and as applicable at the time of

the receipt of the bids:

a. Permits. b. Government fees. c. Licenses.

1.6.1.4 Give required notices. 1.6.1.5 Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities

which bear on performance of work. 1.6.1.6 Promptly submit written notice to Professional of observed variance of Contract Documents from legal

requirements. It is not the contractor’s responsibility to make certain that drawings and specifications comply with codes and regulations. Appropriate modifications to Contract Documents will adjust necessary changes. Assume responsibility for work known to be contrary to such requirements, without notice.

1.6.1.7 Enforce strict discipline and good order among employees. Do not employ or work unfit persons, or persons

not skilled in assigned task. 1.6.1.8 Provide a written safety plan, when required by Owner. 1.6.2 Hazardous Materials: The General Contractor is responsible for the removal and disposal of any hazardous

materials encountered in the performance of the Contract requirements. Hazardous Containing Materials (HCM) include, but are not limited to, Asbestos and Lead Paint and should be identified and removed as a part of the Contract. The absence of details does not relieve the General Contractor from the responsibility of removal and disposal; but, a Change Order could be executed in the absence of identified HCM in the documents.

1.6.3 Subcontractor’s List: The General Contractor will submit to the Owner a list of all Subcontractors, including

disciplines to be used on the Project prior to Contract award by the Owner. If value of Subcontractor’s work is Fifty Thousand Dollars ($50,000) or over, then include their Certificate of Responsibility Number. Any Subcontractor listed must be acceptable to the Owner.

1.6.4 Coordination: The General Contractor is responsible for the coordination of the total project. All other

Contractors and all Subcontractors will cooperate with the General Contractor so as to facilitate the general progress of the Work. Each trade shall afford all other trades every reasonable opportunity for the installation of their work.

1.6.5 Shutoffs/Disruptions to Service 1.6.5.1 Provide written notification of Work in area at least three (3) working days (not including weekends) in

advance, unless otherwise instructed in writing. 1.6.5.2 Plan Work to minimize down time. Work with the utility provider to schedule disruption for a time that

minimizes impact. 1.6.5.3 Provide written work plan and schedule for disruptions to service that exceed one hour. 1.6.5.4 Provide notification to end user’s to be impacted by the disruption by both person-to-person notification and

written notices. 1.6.5.5 Schedule of Utilities Interruptions. As soon as practical, and at least one week prior to the first outage, the

Contractor shall prepare a proposed schedule of utilities outages. The schedule shall include proposed water, wastewater, and electrical outages. The Contractor will not be bound by the entire schedule as originally

DRAFT


submitted, but he will be expected to modify the schedule as required, and to the best of his ability, adhere to an accurate schedule as adjusted on a week-to-week basis.

1.6.5.6 The Contractor must give the Owner a minimum of 16-working hours’ notice prior to any utilities interruptions,

unless otherwise instructed in writing. 1.6.6 Concealed Conditions Unacceptable to Contractor 1.6.6.1 Should the Contractor discover conditions that are inconsistent with the Contract or existing construction of a

substandard nature that will affect the satisfactory completion of the Work, the Engineer shall be notified immediately.

1.6.7 Superintendence and Employees 1.6.7.1 Before starting Work, the Contractor shall designate a competent authorized representative to represent and act

for the Contractor, and shall inform the Engineer in writing of the name and address of such representative, together with a clear definition of the scope of his authority to represent and act for the Contractor, and shall specify any and all limitations of such authority. Such representative shall be present or duly represented at the site of work at all times when Work is actually in progress, and during periods when Work is suspended, arrangements acceptable to the Engineer shall be made for emergency Work that may be required. The Contractor’s authorized representative shall be supported by competent assistants, as necessary; and the authorized representative and his assistants shall be satisfactory to the Engineer. All requirements, instructions and other communications given to the authorized representative by the Engineer shall be as biding if given to the Contractor.

1.6.7.2 None of the Contractor’s superintendents, supervisors, or Engineers shall be withdrawn from the work without

due notice being given to the Engineer; and no such withdrawal shall be made if it will jeopardize successful completion of the Work.

1.6.7.3 The Contractor shall employ only competent and skilled personnel to perform any Work. The Contractor shall

be responsible for maintaining the orderly and faithful conduct of its employees. 1.6.7.4 The Owner may, in writing, require the Contractor to remove from the Work any employee whom the

Engineer/Owner deems incompetent, careless, insubordinate, or otherwise objectionable or whose continued employment on the Work is deemed by the Engineer/Owner to be contrary to the Owner’s interest.

1.7 WORK BY OTHERS

Work by Others shall be described in each appropriate Project Manual section and noted on the Drawings. 1.8 CONTRACTOR’S USE OF PREMISES 1.8.1 Confine operations at site to areas permitted by:

a. Law. b. Ordinances. c. Permits. d. Contract Documents e. Owner.

1.8.2 Do not unreasonably encumber site with materials or equipment. 1.8.3 Do not load structure with weight that will endanger structure. 1.8.4 Assume full responsibility for protection and safekeeping of products stored on premises. 1.8.5 Move any stored products which interfere with operations of Owner or other Contractors.

DRAFT


1.8.6 Obtain and pay for use of additional storage or work areas needed for operations. 1.8.7 Limit use of site for work and storage to the area indicated in the drawings. 1.8.8 At all times, maintain areas covered by the Contract and public properties from accumulations of waste, debris,

and rubbish cause by construction operations. 2.0 PRODUCTS (Not Used) 3.0 EXECUTION (Not Used)


DRAFT

COMPTON ENGINEERING, INC. SITE CONDITIONS 218-049.006 01011-1

SECTION 01011 SITE CONDITIONS

1.0 GENERAL 1.1 This section describes the Contractor’s responsibilities as it relates to the existing conditions of the Project Site. 1.2 RELATED SECTIONS

Division 02 Specifications

1.3 MEASUREMENT AND PAYMENT 1.3.1 Unless a specific line item has been provided in the Bid Form, any Work associated with this Section shall be



1.4 PROJECT / SITE CONDITIONS 1.4.1 Subsurface investigations have not been made. The Contractor shall provide his own investigation as required

to properly accomplish the work. 1.4.2 Differing Subsurface Conditions 1.4.2.1 In the event latent physical conditions are found materially different from those ordinarily encountered and

generally recognized as inherent in the character of work covered in these Contract Documents, the Contractor shall promptly, and before such conditions are disturbed, notify the Engineer in writing of such changed conditions.

1.4.2.2 The Engineer will investigate such conditions promptly, with Contractor’s assistance if necessary, and

following this investigation, the Contractor shall proceed with the work, unless otherwise instructed by the Engineer. If the Engineer finds that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for performing the work, the Engineer will recommend to the Owner the amount of adjustment in cost and time he considers reasonable. The Owner will make the final decisions on all Change Orders to the Contract regarding any adjustment in cost or time for completions.

1.4.3 Site Investigation and Representation 1.4.3.1 The Contractor acknowledges that he has satisfied himself as to the nature and location of the work; the general

and local conditions, particularly those bearing upon availability of transportation, disposal, handling and storage of materials; availability of labor, water, electric power, and roads; uncertainties of weather, river stages, or similar physical conditions at the site; the conformation and conditions of the ground; the character of equipment and facilities needed preliminary to and during the prosecution of the work; and all other matters which can in any affect the work or the cost thereof under this Contract.

1.4.3.2 The Contractor further acknowledges that he has satisfied himself as to the character, quality, and quantity of

surface and subsurface materials and groundwater to be encountered from inspecting the site. Any failure by the Contractor to acquaint himself with all the available information will not relieve him from responsibility for properly estimating the difficulty or cost of successfully performing the work. Neither the Owner, nor the Engineer assume responsibility for any conclusion or interpretation made by the Contractor on the basis of the information made available by the Owner, or the Engineer.

DRAFT


1.4.4 Vertical and Horizontal Control 1.4.4.1 The Contractor shall provide any additional vertical and horizontal control points if necessary for

construction. It will be the Contractor's sole responsibility to lay out the work. When new construction connects to existing facilities, the Contractor shall check and establish the exact location of the point of connection prior to construction. The Engineer will not be responsible for any elevations given other than those provided as indicated herein.

1.4.4.2 All control points, marks, and other information shall be carefully preserved by the Contractor, and in the event

of their careless or unnecessary destruction or removal by him or any of his subcontractors, such stakes, marks, and other information will be replaced at the Contractor's expense by means of a deduction from the Contract monies due the Contractor.

1.4.4.3 The Contractor shall recheck all top and invert elevations for storm and sanitary sewer lines prior to

construction. Copies of the field notes shall be turned over to the Engineer for review. The field information should be obtained utilizing elevations from the drawings. Rod readings for determination of grade are not acceptable.

1.4.4.4 The Contractor shall confirm all finish grades for paved surfaces, sidewalks, foundations, or any hard surface

prior to construction. Copies of the field notes shall be turned over to the Engineer for review. The field info shall be obtained utilizing elevations from the Drawings. Rod readings for determination of grade are not acceptable.

1.4.4.5 Failure to perform this work will not relieve the Contractor from responsibility for checking and adjusting any

pipeline grades. Failure to perform this Work does not relieve the Contractor from any modifications to correct improper grades at the Contractor’s expense.

1.4.5 Profile Elevations 1.4.5.1 Existing ground profiles where shown on the drawings were plotted from approved field surveys. 1.4.6 Land Monuments 1.4.6.1 The Contractor shall preserve all existing land monuments encountered. If monuments interfering with the

proposed construction are encountered during the work, notify the Engineer immediately and allow 2 working days for arrangements to be made to reference them for later replacement. All monument replacement shall be at the expense of the Contractor and performed by a land surveyor licensed in the State of Mississippi.

1.4.7 Existing Utilities 1.4.7.1 Known utilities and structures adjacent to or encountered in the work are shown on the drawings. The locations

shown are taken from existing records and it is expected that there may be some discrepancies and omissions in the locations and quantities of utilities and structures shown. Those shown are for the convenience of the Contractor only, and no responsibility is assumed by either the Owner, or the Engineer for their accuracy or completeness.

1.4.7.2 Contractor shall be responsible for contacting state’s one-call location service prior to beginning execution. 1.4.7.3 Prior to move-in, the Contractor shall verify the location of utilities, including depth and incorrect horizontal

locations and report this information to the Engineer. Conflicts, if any, will be resolved prior to move-in. 1.4.7.4 No attempt has been made to locate services whether water, sewer, or gas. Location and repairs to services

damaged by the Contractor are considered incidental to construction and the cost should be included in the applicable unit price or lump sum bid items.

DRAFT


1.4.7.5 In the event utilities and/or structures are encountered that are not shown on the drawings, adjustments to the

Contract shall be provided for in accordance with the GENERAL CONDITIONS, ALTERATIONS. The Contractor shall excavate areas where latent components may materialize some time ahead of construction in order to allow the Owner to institute appropriate changes and to mitigate any delays.

1.4.8 Responsibility for Utility Properties and Service 1.4.8.1 Neither the Owner nor his officers or agents shall be responsible to the Contractor for damages as a result of the

Contractor's failure to protect utilities encountered in the work. 1.4.8.2 The Contractor shall at all times provide unobstructed access to fire hydrants, underground conduit, manholes,

and utility valve boxes. 1.4.8.3 Where the Contractor's operations could cause damage or inconvenience to railway, telegraph, telephone,

television, power, oil, gas, water, sewer, irrigation, or other systems adjacent or near the work, operations shall be suspended until the Contractor has made all arrangements necessary for the protection of these utilities and services and the Engineer has been notified of these arrangements.

1.4.8.4 Notify the Engineer and all utility offices that are affected by the construction operation at least 7 days in

advance of commencing construction operations. The Contractor shall not expose any utility without first obtaining permission from the appropriate agency and notifying the Engineer of this permission. Once permission has been granted, locate and, if necessary, expose and provide temporary support and/or relocation in advance of operations.

1.4.8.5 Protect all utility poles from damage. If interfering utility poles, guy wires or anchors are encountered, the

Contractor shall notify the Engineer and the appropriate utility company as soon as possible and at least 48 hours in advance of construction operations to permit the necessary arrangements for protection or relocation of the interfering poles.

1.4.8.6 The Contractor shall be solely and directly responsible to the Owner and operators of such utility properties for

any damage, injury, expense, loss, inconvenience, delay, suits, actions, or claims of any character brought because of any injuries or damage that may result from the construction operations under his Contract.

1.4.8.7 In the event of interruption to domestic water, sewer, storm drain, or other utility services as a result of

accidental breakage due to construction operations, promptly notify the proper authority. Cooperate with said authority in restoration of service as promptly possible and bear all costs of repair. In no event shall interruption of any water or utility service be allowed unless prior approval is granted by the Owner of the utility.

1.4.8.8 The Contractor shall replace, at his own expense, any and all other existing utilities or structures removed or

damaged during construction, unless otherwise provided for in these Contract Documents or ordered by the Engineer.

1.4.9 Unforeseen Utility Relocations Required by Construction 1.4.9.1 Where existing utilities, structures, or other physical obstructions are unforeseen and in no way can be

interpreted/determined from the Drawings or visually indicated from existing surface features and block or impede construction under this Contract, they shall be permanently relocated. Such relocations shall be considered as required by construction. The Engineer will make Contract adjustments according with Section 00700 General Conditions of the Construction Contract, Article 9. All other relocations shall be treated in accordance with UTILITY INTERFERENCES INCIDENTAL TO CONSTRUCTION below.

DRAFT


1.4.9.2 The Contractor shall give immediate notice to the Engineer and the Owner of the utility when a physical

conflict is determined to exist. The actual relocation will be accomplished by the Owner of the utility, structure or other physical obstruction unless otherwise specified in these Contract Documents or agreed by Owner and Engineer.

1.4.10 Utility Interferences Incidental to Construction 1.4.10.1 Where existing utilities, structure, or other physical obstructions are so located, illustrated, or noted on

Drawings as to interfere with the Contractor's method of performing the work, and block or impede construction, under the Contract, any modification, alteration, or relocation of interfering utility, either permanent or temporary, shall be accomplished at the expense of the Contractor. Any delays resulting from the required relocations of the utilities are the responsibility of the Contractor. It is understood and agreed that the Contractor has considered in their bid: 1. All the permanent and temporary utilities in their present and relocated positions as shown on the

Drawings. 2. The completion dates for various utility adjustments, and at no additional compensation will be

allowed for delays, inconvenience or damage sustained by the Contractor due to any interference from said utility or the operation of moving them.

1.4.10.2 The Contractor shall give immediate notice to the Engineer and the Owner of the utility when an interference is

determined to exist and shall obtain approval to relocate such utility or to discontinue service from the Engineer and the Owner of the utility. The Owner of the utility shall have the right to do all work required to discontinue, relocate, and replace interfering utilities and charge the Contractor for all costs thereof. When approved by the Engineer and the Owner of the utility, all work required to discontinue, relocate and replace interfering utilities may be done by, or arranged for, by the Contractor. All such discontinuance, relocation, and replacement shall be accomplished in accordance with all requirements of the Owner of the utility.

1.4.10.3 When notified by the Contractor that an interference or conflict has been determined to exist, the Engineer will

determine whether such interference shall be considered as required by construction or as incidental to construction.

1.4.11 Interfering Structures 1.4.11.1 Take necessary precautions to prevent damage to existing structures where on the surface, aboveground, or

underground. An attempt has been made to show major structures on the drawings. While the information has been compiled from the best available sources, its completeness and accuracy cannot be guaranteed, and it is presented as a guide to avoid known possible difficulties.

1.4.11.2 Protect existing structures from damage, whether or not they lie within the right-of-way or the limits of the

easements obtained by the Owner. Where existing structures are damaged during the work, they shall be restored at the Contractor's expense to at least their original condition and to the satisfaction of the Engineer.

1.4.11.3 The Contractor may, with the approval of the Engineer and without additional compensation, remove and

replace in a condition as good as or better than original, any small interfering structures such as fences, mail boxes and signposts that interfere with the Contractor's operations. Prior to Work associated with mailboxes, Contractor shall coordinate the removal and replacement with the City/County, Postal Service, Engineer, and Property Owner. Placement shall be in strict accordance with standard details.

1.4.12 Field Relocation 1.4.12.1 During the progress of the work, minor relocations of the work may be necessary. Such relocations shall be

made only with the agreement of the Engineer. If existing structures are encountered that will prevent construction as shown, notify the Engineer before continuing with the work in order that the Engineer may make such field revisions as necessary to avoid conflict with the existing structures. If the Contractor proceeds with the work despite this interference, he shall be responsible for any damage that may occur.

DRAFT


1.4.13 Easements 1.4.13.1 Where part of the work is located on private property, easements are shown. The Contractor shall determine the

adequacy of easements and shall obtain additional easements, if required. 1.4.13.2 Upon completion of work in any Owner provided easement area, the surface shall be restored as required and to

the satisfaction of the Engineer. Restoration shall begin within 14 days following completion of construction in the easements. The restoration shall include, at minimum: final grading and grassing; limbing; fence repairs and replacement; sidewalk; curb; and drive repairs; etc. Failure to comply with this provision shall be considered reason to withhold a portion or all monies due the Contractor on Request for Payment.

1.4.13.3 The Contractor shall confine construction operations to within the easement limits or make his own special

agreement with the property owners for any additional area required and provide two copies of written verification to the Engineer.

1.4.13.4 Before final payment will be authorized, the Contractor shall furnish the Owner with written releases from

property owners where special agreements have been made by the Contractor, or when his operations, for any reason, have not been kept within the limits of easements obtained by the Owner.

1.4.13.5 In the event the Contractor is unable to secure the written releases required in the above paragraph, he shall

inform the Engineer of the reasons for his failure to do so. The Engineer will examine the site and will direct the Contractor to complete any work that may be necessary to satisfy the terms of the easement or special agreement. Should the Contractor refuse to do the work, the Owner reserves the right to have it done by separate contract and deduct the cost of same from monies due the Contractor, or the Owner may require the Contractor to furnish a bond in a sum satisfactory to the Owner to cover any legal claims for damages. When the Owner is satisfied that the work has been completed in accordance with the terms of the easement or special agreement, he may waive the requirement of obtaining the statement if the Contractor's failure to obtain such statement is due to the grantor's refusal to sign and this refusal is not based upon any legitimate claims that the Contractor has failed to fulfill the terms of the easement or special agreement, or if the Contractor has overdue hardship in contacting the grantor.

2.0 PRODUCTS (Not Used) 3.0 EXECUTION (Not Used)


DRAFT

COMPTON ENGINEERING, INC. MOBILIZATION/DEMOBILIZATION 218-049.006 01012-1

SECTION 01012 MOBILIZATION / DEMOBILIZATION

1.0 GENERAL 1.1 The Work in this Section includes the following Work:

Mobilization includes movement of all labor, equipment, supplies and incidentals to the project site; establishment of facilities necessary for Work on the Project; and other Work and operations which must be performed or costs not directly attributable to other pay items, exclusive of bidding costs, which must be incurred by the Contractor before beginning and during the early stages of production work on the project site.

Demobilization includes movement of all labor, equipment, supplies and incidentals from the project site; dismantling and removal of temporary facilities; clean-up of the project site and all work areas; and other work and operations which must be performed or costs not directly attributable to other pay items which must be incurred by the Contractor after completion of certain items of work and all other work on the Contract has been completed.


Part 4 Technical Specifications 1.3 MEASUREMENT AND PAYMENT 1.3.1 Payment shall be made at the appropriate Contract lump sum. 1.3.2 The percentage of the lump sum amount for this Item will be measured in accordance with the

mobilization/demobilization item within the following limitations:

Percentage of Total Contract Earned (A)

Maximum Percentage of Lump Sum Allowed

10% 40% 25% 60% 80% 90% (B) 100%

A. Total Contract earned will be equal to certified estimates approved by the Engineer exclusive of the

Mobilization-Demobilization Lump Sum and Materials Stored Amounts.

B. When all work under this Contract is completed by the Contractor and accepted by the Engineer, one hundred percent (100%) of the Lump Sum Amount will be allowed.

2.0 PRODUCTS (Not Used) 3.0 EXECUTION (Not Used)


DRAFT

COMPTON ENGINEERING, INC. PROTECTION OF THE ENVIRONMENT 218-049.006 01014-1

SECTION 01014 PROTECTION OF THE ENVIRONMENT

1.0 GENERAL 1.1 This section describes the Contractor’s responsibilities as it relates to protecting the environment of the Project

Site. The Contractor, in executing the work, shall maintain all work areas on and off the site free from environmental pollution that would be in violation of any federal, state, or local regulations.


Part 4 Technical Specifications

1.3 MEASUREMENT AND PAYMENT

Payment shall be included as part of the appropriate lump sum or unit price item in the Bid. Any Work associated with this Section shall be considered incidental, unless a specific line item has been provided in the Bid Form.

2.0 PRODUCTS (Not Used) 3.0 EXECUTION 3.1 PREPARATION 3.1.1 Protection

Take adequate measures to prevent the impairment of the operation of the existing sanitary sewer system, storm drainage systems, and waterways. Prevent construction material, pavement, concrete, earth, or other debris from entering a sanitary sewer or sanitary sewer structure, storm drainage systems, and waterways.

3.1.1.1 Protection of Sewers

All sanitary flow interfering with construction and requiring diversion shall be diverted to sewers leading to a wastewater treatment plant. Prior to commencing excavation and construction, the Contractor shall submit for the Engineer’s review detailed plans (including routing and connections) showing how he intends to handle and dispose of sanitary sewer wastes and/or handle conflict with storm sewer. By reviewing the plan, the Engineer neither accepts any responsibility for the adequacy thereof nor for any damages to public or private property resulting therefrom. Such responsibilities remain with the Contractor.

3.1.1.2 Protection of Waterways

The Contractor shall comply with all laws prohibiting the pollution of any lake, stream, river, or wetland by the dumping of, or the delivery of any runoff water containing any refuse, rubbish, dredge material, or debris therein.

The Contractor shall comply with the procedures outlined in the U.S. Environment Protection Agency manuals entitled, "Guidelines for Erosion and Sedimentation Control Planning and Implementation", and "Processes, Procedures and Methods to Control Pollution Resulting from All Construction Activity" and shall incorporate adequate measures to minimize delivery of sediment from the construction site to adjacent or downstream trees, lands, or water bodies.

DRAFT

COMPTON ENGINEERING, INC. PROTECTION OF THE ENVIRONMENT 218-049.006 01014-2

3.1.1.3 Noise and Dust Control

The Contractor shall so conduct all his operations that they will cause the least annoyance to the residents in the vicinity of the work, and shall comply with all applicable laws. Vehicles carrying rock, concrete, or other material shall be routed over such streets as will cause the least annoyance to the public and shall not be operated on public streets between the hours of 8 p.m. and 7 a.m. or on Sundays or legal holidays unless the Contractor obtains written permission from appropriate agencies within the municipality(ies) in which the work is to be conducted.

All unpaved streets, roads, detours, haul roads, or roads used in the construction area shall be given a dust preventive treatment or periodically watered to prevent dust. Applicable environmental regulations for dust preventions shall be strictly enforced.


DRAFT

COMPTON ENGINEERING, INC. PROTECTION OF PROPERTY 218-049.006 01016-1

SECTION 01016 PROTECTION OF PROPERTY

1.0 GENERAL 1.1 This section describes the Contractor’s responsibilities as it relates to protecting the property and safety of the

Project Site. 1.2 RELATED SECTIONS

Part 4 Technical Specifications



1.4 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification:

SD-01 Pre-construction: Pre-Construction and Post-Construction audio video recorded survey.

1.5 QUALITY ASSURANCE 1.5.1 Regulatory Requirements 1.5.1.2 Notice of Work

At least 7 days prior to move in, the Contractor shall notify all public and private entities of his mobilization efforts in the following manner: 1. Utility District/Authority: a letter directed to the Manager. 2. County/City: a letter directed to the County Administrator/City Manager/Mayor. 3. Written notice provided to the local Sheriff Office/Police Department, Fire Department, Postal Services,

School Board, and Utilities serving the area. 4. General public: Notice published in the Mississippi Press and Sun Herald.

The notifications shall include the commencement dates, a general description of the work required, and a person to contact with questions concerning the project. Copies of the notifications will be sent to the Engineer for review prior to publication.

1.5.1.3 Prior to mobilizing, the Contractor shall provide a Pre-Construction Video in accordance with Section

01330 – Submittals. 1.5.1.4 Access for Emergency, Public Transportation, and Postal Vehicles

Notify the fire department, police department, and applicable public and school transportation companies at least 14 days before closing any street or portion thereof. No closing shall be made without appropriate concurrence of aforementioned departments. Notify said departments when the streets are again passable for emergency vehicles. Maintain vehicle access to consecutive arterial crossings or dead end streets, in excess of 300 linear feet, unless special written permission has been obtained from the fire and police departments.

DRAFT


The Contractor shall leave his night emergency telephone number or numbers with the fire and police departments, so that contact may be made easily at all times in case of barricade or flare trouble or other emergencies.

Maintain postal service facilities in accordance with the requirements of the U.S. Postal Service. Move mailboxes to temporary locations designated by the Postal Service and, at the completion of the work in each area, replace them in their original location and in a condition satisfactory to the U.S. Postal Service.

1.6 PROJECT / SITE CONDITIONS 1.6.1 Protection of Property

The Contractor shall employ such means and methods as necessary of adequately protect all property against damage. In the event of damage to property, the Contractor shall, at his own expense, immediately restore the property to a condition at least equal to its original condition and to the satisfaction of the Engineer.

1.6.2 Tree Removal

No trees, except those specifically shown on the drawings to be removed, shall be removed without the express approval of the Engineer. Removed trees will be disposed of off the work site by the Contractor. Where construction passes under the drip line of hardwood trees and 12" plus diameter pine, the Contractor shall protect the trees from damage during construction. In general, the Contractor shall hand dig as required and shall not cut any root 4" and larger. Recompact soil after construction by hand, if necessary to protect the root system.

1.6.3 Preservation of Drainage Ditches

After backfilling of excavations, restore all drainage ditches destroyed, damaged, or otherwise modified during construction to a condition equivalent to the condition of the ditch before construction. Ditches so reconstructed shall be built in their original locations and cross section or as otherwise shown on the drawings.

1.6.4 Street Cleanup during Construction

Tracking or dropping of dirt or other materials from the site onto any public or private street shall be minimized. The Contractor shall clean all spilled dirt, gravel, or other foreign material caused by the construction operations from all streets and roads at the conclusion of each day's operation.

1.6.5 Finishing of Site, Borrow and Storage Areas

Upon completion of the project, all areas used by the Contractor shall be properly cleared of all temporary structures, rubbish, and waste materials and properly graded to drain and blend in with the adjoining property. Areas used for the deposit of waste materials shall be finished to properly drain and blend with the surrounding terrain.

1.6.6 Reseeding and Fertilizing

Originally seeded areas shall be fertilized and reseeded with first quality seed or planted with new sod as approved by the Owner. All ground preparation, reseeding, and sodding shall be done in accordance with the best accepted practices for lawn planting. The Contractor shall be responsible for obtaining a satisfactory grass turf acceptable to the Owner, or as otherwise shown on the drawings.

DRAFT


1.6.7 Stockpile excavated materials in a manner that will cause the least damage to adjacent lawns, grassed areas,

gardens, shrubbery, or fences, regardless of whether their are on private property, or on state, county, or city rights-of-way. Remove all excavated materials from grassed and planted areas, and leave these surfaces in a condition equivalent to their original condition. Replace topsoiled areas where pipeline installations are outside of roadways. The Contractor shall rake and grade these areas to conform to their original contour and seed flat areas and sod all areas with a slope greater than 2 to 1.

1.6.8 All existing drainage ditches and culverts shall be reopened and graded and natural drainage restored. Restore

culverts broken or damaged to their original condition and location. 1.6.9 Upon completion of pipe laying backfilling operation, hand-rake and drag all former grassed and planted areas,

leaving all disturbed areas free from rocks, gravel, clay, or any other foreign material and ready, in all respects, for seeding. The finished surface shall conform to the original surface, and shall be free draining and free from holes, ruts, rough spots, or other surface features detrimental to a seeded area.

1.6.10 The Contractor shall be responsible for erosion control for the entire project site throughout the construction

term and shall take preventive measures for keeping erosion from occurring. 2.0 PRODUCTS (Not Used) 3.0 EXECUTION (Not Used)


DRAFT

COMPTON ENGINEERING, INC. PROJECT MANAGEMENT & COORDINATION 218-049.006 01310-1

SECTION 01310 PROJECT MANAGEMENT & COORDINATION

1.0 GENERAL 1.1 This Section describes the Contractor’s responsibility to manage, supervise, and coordinate the Work for the

Project. 1.2 RELATED SECTIONS

Part 3 Conditions of the Construction Contract Section 01010 Summary of Work Section 01011 Site Conditions Section 01330 Submittals Section 01700 Contract Closeout



1.4 PRECONSTRUCTION CONFERENCE 1.4.1 Before beginning the work and after the Contract has been awarded, the Engineer will conduct a

Preconstruction Conference to discuss construction schedules and procedures, Contractor's use of the site, Contractor's use of existing facilities, Owner's regulations, and other matters deemed relevant to the effective performance of the work.

1.4.2 The conference will be attended by:

* Contractor's Office Representative. * Contractor's General Superintendent. * Any subcontractor's or supplier's representative whom the Contractor may desire to invite or the Engineer may request. * The Owner's Representatives. * Funding Agent.

1.5 PROGRESS OF THE WORK 1.5.1 General 1.5.1.1 The work shall be performed at such times and in or on such parts of the project and with such forces, materials

and equipment to prevent any delay to the completion of the project within the time limits stated in the Contract and in conformance with the Construction Schedule specified in Section 01330 – Submittals.

1.5.1.2 The Contractor may, through coordination with the Engineer and with written permission of the Owner and

acquisition of all necessary permits and at his expense, work, outside regular hours. Regular work hours may vary with each Project but shall generally be the normal hours of operation. If multiple shifts or if Project does not include workers present then regular work hours shall be 7 a.m. to 7 p.m. or sunrise to sunset. He shall submit a written request to the Engineer and allow 7 days for satisfactory arrangements to be made for inspecting the work in progress. The Contractor shall comply with all applicable requirements of the Owner.

1.5.1.3 Comply with Engineer’s procedures for communications: Submittals, reports and records, schedules,

coordination drawings, and recommendations, and resolution of ambiguities and conflicts. 1.5.1.4 Comply with Engineer instructions for use of temporary utilities and construction facilities.

DRAFT


1.5.2 Progress Review Meeting 1.5.2.1 At intervals determined in the Pre-Construction Conference or as deemed necessary during Construction, a meeting

will be held at which time the schedule will be reviewed. The meeting shall be attended by the Contractor's project manager and superintendent and those major subcontractors as determined by the Engineer to be necessary at the time.

1.5.2.2 Prior to a scheduled meeting, the Contractor shall obtain information to update the Construction Schedule to reflect

progress to date. The updated schedule shall be available at the meeting for review. To update the Construction Schedule, the Contractor shall:

a. Enter actual start and completion dates, days, number of shifts used for those activities started and/or

completed during the previous reporting period. b. For activities in progress, indicate the percentage complete to date. Review and revise as necessary the

remaining duration of the work from the update to the estimated completion date. c. For activities not yet started, review and revise as necessary the durations and estimated start and completion

dates. d. Add authorized Change Orders. e. Updated status information shall be annotated on the Overall Schedule in a manner that the Overall Schedule

shall graphically depict the current status of the work. 1.5.2.3 The monthly submittal to the Engineer shall be accompanied by a Narrative Report. The Narrative Report shall be

brief and include the information described in Section 01330 – Submittals, Narrative Report Outline. 1.6 OPERATION OF EXISTING SYSTEM PROHIBITED 1.6.1 At no time undertake to close off any lines or open valves or take any other action which would affect the

operation of the existing system, except as specifically required by the drawings and specifications and after approval is granted by the Owner. Request approval three working days in advance of the time that interruption of the existing system is required.

1.7 COORDINATION 1.7.1 Coordinate schedules, submittals and Work of the Individual Specification Sections to assure efficient and

orderly sequence of installation of interdependent construction elements, with provisions for accommodating items installed later by the Contractor, by the Engineer or under separate contracts.

1.7.2 Verify that characteristics of elements of interrelated operating equipment are compatible; coordinate Work of

Individual Specification Sections that have interdependent responsibilities for installing connection to, and placing such equipment in service.

1.7.3 Coordinate with Engineer to insure that concealed Work is fully inspected and accepted before covering it up

by further Work. 1.7.4 Coordinate access to site for correction of defective Work and Work not according to the Contract Documents.

Minimize disruption to the User Agency’s operations. 1.7.5 Coordinate completion and cleanup of work of the Individual Specification Sections in preparation for

Substantial Completion. 1.7.6 Whenever the Work of a Subcontractor is dependent upon the Work of other Subcontractors, Contractors, or

utility contractors installing utilities under contract, then the Contractor shall require the Subcontractor to: 1. Coordinate its Work with the dependent work. 2. Provide dependent data and requirements. 3. Supply and install items to be built into dependent work of others. 4. Make provisions for dependent work of others. 5. Examine dependent drawings, specifications and submittals. 6. Examine previously placed dependent work. 7. Check and verify dependent dimensions of previously placed work.

DRAFT


8. Notify Contractor of previously placed dependent work or dependent dimensions, which are unsatisfactory or will prevent a satisfactory installation of its Work.

9. Not proceed with its Work until the unsatisfactory conditions have been corrected. 10. Contractor shall require subcontractors to participate in coordination meetings as applicable to the Work or

related Work being coordinated. 1.7.7 All Contractor personnel shall become familiar with operations at the site. Keep within the limits of the Work.

Contractor personnel shall not enter any restricted or private areas. 1.7.8 This Work may involve performing activities in proximity to operations by others. The Contractor shall

coordinate all Work with others that may affect their operations. The Engineer and Contractor will meet with the representative before starting any Work under this Contract.

1.7.9 Construction Access Routes and Areas:

1. Prevent interference with roads and access to other areas. Maintain and repair these areas damaged by the Contractor’s or Subcontractor’s operations. Return all areas used during the Work to their original condition.

2. Coordinate all construction tasks that may require equipment to work in these access routes or areas. 3. Do not store, park, or leave unattended any materials, vehicles or equipment in these areas unless

authorized by the Property Owner and approved by the Engineer. 1.7.10 The location and elevation of existing utilities shown on the Drawings are approximate only. Additional utilities

may exist that are not shown on the Drawings. Before starting construction, the Contractor will locate the existing utilities and verify points of possible conflict. If necessary, the Contractor shall be responsible for uncovering the utilities and protect them.

1.7.11 If utilities are found that are not in the Drawings or conflicts occur that require adjusting, refer to Section 01011 –

Site Conditions Paragraph 1.4.9 and 1.4.10. 1.8 REQUEST FOR INFORMATION (RFIs) 1.8.1 General: Immediately on discovery of the need for additional information or interpretation of the Contract

Documents, Contractor shall prepare and submit an RFI on the form specified. 1.8.2 Content of the RFI: Include a detailed, legible description of item needing information or interpretation and the

following:

1. Project name. 2. Project number. 3. Date. 4. Name of Contractor. 5. Name of Engineer. 6. RFI number, numbered sequentially. 7. RFI subject. 8. Specification Section number and title and related paragraphs, as appropriate. 9. Drawing number and detail references, as appropriate. 10. Field dimensions and conditions, as appropriate. 11. Contractor’s suggested resolution. If Contractor’s suggested resolution impacts the Contract Time or the

Contract Sum, Contractor shall state impact in the RFI. 12. Contractor’s signature. 13. Attachments: Include sketches, descriptions, measurements, photos, Product Data, Shop Drawings,

coordination drawings, and other information necessary to fully describe items needing interpretation. Include dimensions, thicknesses, structural grid references, and details of affected materials, assemblies, and attachments on attached sketches.

14. Attachments shall be electronic files in Adobe Acrobat PDF format.

1.8.3 Engineer will return RFIs submitted to Engineer by other entities controlled by Contractor with no response.

DRAFT


1.8.4 Coordinate and submit RFIs in a prompt manner so as to avoid delays in Contractor’s work or work of subcontractors.

1.8.5 RFI Forms: Software-generated form with substantially the same content as indicated above, will be acceptable

to the Engineer. 1.8.6 Engineer’s Action: Engineer will review each RFI, determine action required, and respond. Allow seven (7)

working days for Engineer’s response for each RFI. Engineer’s action may include a request for additional information, in which case Engineer’s time for response will date from time of receipt of additional information.

1.8.7 If Contractor believes the RFI response warrants change in the Contract Time or the Contract Sum, notify the

Engineer in writing within ten (10) days of receipt of the RFI response. 1.8.8 On receipt of the Engineer’s action, update the RFI log and immediately distribute the RFI response to affected

parties. Review response and notify Engineer within seven (7) days if Contractor disagrees with response. 1.9 SCHEDULES 1.9.1 Submit progress schedule covering Contractor’s portion of the Work in accordance with Section 01330 –

Submittals. 1.9.2 Whenever it becomes apparent from the current monthly progress evaluation and updated schedule data that the

Contract completion date will not be met, the Contractor shall take some or all of the following actions:

1. Increase construction manpower in such quantities and crafts as shall substantially eliminate the backlog of work.

2. Increase the number of working hours per shift, shifts per work day, work days per week, or the amount of construction equipment or any combination of the foregoing sufficient to substantially eliminate the backlog of work.

3. Reschedule work items to achieve concurrency of accomplishment. 1.9.3 The addition of equipment or construction forces, increasing the working hours or any other method, manner or

procedure to return to the current Overall Schedule shall not be considered justification for a Change Order or treated as an acceleration order.

1.10 CLOSEOUT PROCEDURES 1.10.1 Notify Engineer in writing when Work is considered ready for Substantial Completion. Accompany Engineer

and Owner on preliminary inspection to determine items to be listed for completion or correction in Substantial Completion Certificate.

1.10.2 Comply with Engineer’s instruction to correct items of work listed in executed certificates of Substantial

Completion. 1.10.3 Notify Engineer when Work is considered finally complete. Accompany Resident Engineer on preliminary final

inspection. 1.10.4 Comply with Engineer’s instructions for completion of items of Work determined from Engineer’s and

Owner’s final inspection. 2.0 PRODUCTS (Not Used) 3.0 EXECUTION (Not Used)


DRAFT

COMPTON ENGINEERING, INC. CONSTRUCTION SURVEYING 218-049.006 01329-1

SECTION 01329 CONSTRUCTION SURVEYING

1.0 GENERAL 1.1 The Work under this Section includes providing all labor, materials, tools and equipment necessary to

perform all surveying and staking necessary for the completion of the Project in conformance with the Drawings and Specifications and standard engineering and surveying practices, including all calculations required to accomplish the Work. The Work shall include the staking, referencing and all other actions as may be required to preserve and restore land monuments and property corners which are situated within the Project area, and to establish monuments as shown on the Drawings.


Section 01330 Submittals Section 01700 Contract Closeout Division 02 Sitework Specifications

1.3 MEASUREMENT AND PAYMENT 1.3.1 Work shall be considered incidental and included in the unit price to which it is subsidiary. 1.4 SUBMITTALS

The following shall be submitted in accordance with Section 01330 – Submittals. SD-01 Field Notes: Surveyor’s field notes shall be furnished to the Engineer with each Pay Application requesting payment for Construction Survey; and, all final notes shall be furnished to the Engineer on or before completion of the Work. All final survey data shall be included on the Record Drawings. All cross sections required for determining monthly and final pay quantities will be submitted to the Engineer plotted with final calculations shown on the final cross sections, etc. and printed summary. SD-02 Electronic Data: All source documents from which quantities for payment are computed shall be provided to Engineer in a legible 24x36 electronic .PDF document and a three-dimensioned working drawing (.dwg) in AutoCAD 2014 or greater format.

2.0 PRODUCTS 2.1 HUBS

Provide hardwood, metal, or plastic stakes of sufficient size and length to prevent stake movement due to adjacent construction activity.

2.2 LATHE

Provide wood lathe that is approximately 3/8 inch thick by 1 ½ inches wide by 48 inches long.

2.3 BENCHMARK DISCS

Provide standard manufacture 2 inch diameter, domed, metal survey monuments to be set in concrete at location(s) as directed by the Engineer. The Engineer will provide the monument. The Contractor shall be required to stamp each monument.

DRAFT


3.0 EXECUTION 3.1 SYSTEM REQUIREMENTS 3.1.1 The Engineer will establish, one time only, reference points, monuments, property corners, and bench

marks but the final responsibility for locations, referencing, and restoration shall rest with the Contractor. These shall constitute the field control by which the Contractor shall establish and maintain all necessary controls for the proper layout and performance of the Work. The Contractor will be required to make all calculations involved to furnish and place all layout stakes.

3.1.2 The Contractor shall provide field forces and equipment, and shall determine and provide all additional

grade controls and staking operations necessary to secure a correct layout and construction of the work. All minor variations in layout and grade required to meet field conditions shall be worked out with the Engineer and will not be considered a justification for adjusting the contract price.

3.1.3 The Contractor will be responsible for establishing all lines, grades, elevations, and dimensions called for

on the plans. All grades, layout data and volume computed by the Contractor shall be in an electronic data submitted. The Contractor shall also furnish personnel to assist the Engineer in taking notes to determine proper tolerances. Any inspection or checking of the Contractor’s layout by the Engineer and the acceptance of all or any part of it will not relieve the Contractor of the responsibility to secure the proper dimensions, grades, and elevations of the Work.

3.1.4 Within twenty days of Notice to Proceed, unless otherwise approved by the Engineer, the Contractor shall

stake the location of the new water, sewer, and/or storm drain connections and services to each property, as applicable. The stake shall be a surveyor’s lathe marked as to the type of service and placed at the right-of-way line at the location shown on the Drawings.

3.1.5 The Contractor shall exercise care in the preservation of stakes and bench marks and shall reset them when

any are damaged, lost, displaced or removed. The Contractor shall use competent personnel and suitable equipment for the layout work required and shall provide that it be performed under the supervision of, or directed by, a Registered Professional Engineer or Registered Land Surveyor who is duly registered and entitled to practice as a Professional Engineer or Professional Land Surveyor in the State of Mississippi. The Contractor shall not engage the services of any person in the employ of the Owner for the performance of any of the work covered by this Section.

3.1.6 In the event the Contractor does not replace or reestablish the survey monuments, property corners, etc.

disturbed by the Contractor’s operations, the Owner may, after first notifying the Contractor, replace the monuments in question. The cost of such replacements shall be deducted from payments to the Contractor.

3.1.7 Any inspection, checking and acceptance thereof by the Engineer of work for which the Contractor is

responsible will not relieve the Contractor of responsibility to secure the correct dimensions, grades and elevations of the work.

3.1.8 The Contractor shall provide the Owner with a copy of all surveyors’ notes, prior to the request for final payment, and include the information on the record drawings.

3.1.9 The Contractor shall obtain all information necessary for as-built plan production, from actual

measurements and observations made by its own personnel, including Subcontractors, and submit this information to the Engineer.

3.1.10 The Contractor shall perform all staking necessary to delineate clearing and/or grubbing limits; all cross

sections necessary for determination of excavation and embankment quantities, including intermediate and/or remeasure cross sections as may be required; all slope staking; all staking of culverts and drainage structures, including the necessary checking to establish the proper location and grade to best fit the conditions on site; the setting of such finishing stakes as may be required; the staking of right-of-way; the staking, referencing and other actions as may be required to preserve or restore land monuments and property corners; and all other staking necessary to complete the project.

DRAFT


3.1.11 Field notes shall be kept in standard bound notebooks in a clear, orderly and neat manner, consistent with standard engineering and surveying practices. The Contractor’s field books shall be available for inspection by the Engineer at any time.

3.1.12 All field survey notes, including those which become source documentations from which quantities for

payment are computed, shall be recorded by a person thoroughly familiar with generally accepted standards of good survey note keeping practice and provided by the Contractor to the Engineer.

3.1.13 The Engineer may randomly spot-check the Contractor’s surveys, staking and computations at the

Engineer’s discretion. After the survey or staking has been completed, the Contractor shall provide the Engineer with a minimum of 72 hours’ notice prior to performing any Work, and shall furnish the appropriate data as required, to allow for such random spot-checking; however, the Engineer/Owner assumes not responsibility for the accuracy of the Work.

3.1.14 Prior to Substantial Completion, the Contractor shall be required to remove all temporary materials on site

and ensure all permanent monuments are clearly identified, visible, and have not been disturbed.


DRAFT

COMPTON ENGINEERING, INC. SUBMITTALS 218-049.006 01330-1

SECTION 01330 SUBMITTALS

1.0 GENERAL 1.1 The Work in this Section outlines the general requirements for items the Contractor must prepare or assemble

for submitting during the Project. There is no attempt herein to state all of the procedures and requirements for each submittal. The Contractor's attention is directed to the documents referenced below in Related Sections and included in these Contract Documents which may contain in detail additional and special submittal requirements. The Engineer reserves the right to direct and modify the procedures and requirements for submittals as necessary to accomplish the specified purpose of each submittal. Should the Contractor be in doubt as to the procedure, purpose, or extent of any submittal, they should direct their inquiry to the Engineer.

1.1.1 All submittals shall be addressed to the Engineer at the address provided on the cover of the Project Manual,

unless otherwise directed during the Pre-Construction Conference. 1.1.2 This Section includes administrative and procedural requirements for submittals for performance of the Work,

including the following: A. Administrative Submittals: Refer to other Division 01 Sections and Part 3 the Conditions of the Contract for

requirements for administrative submittals. Such submittals may include, but are not limited to, the following:

1. Schedule of Values 2. Construction Schedule 3. Schedule of Submittals 4. Permits 5. Pre- and Post-Construction Video 6. Applications for Payment 7. Narrative Report 8. Record Drawings

B. Technical Submittals: Refer to Division 02 through 16 for requirements for each technical specification. Such

submittals may include, but are not limited to, the following:

1. Product Data 2. Quality Assurance 3. Contract Close-out 4. Warranty 5. Shop Drawings 6. Samples 7. Operation and Maintenance Manuals 8. Audio/Video Recordings 9. Certificates of Compliance


Part 2 Contract Forms Part 3 Conditions of the Contract Part 4 Technical Specifications

1.3 MEASUREMENT AND PAYMENT 1.3.1 Payment shall be included as part of the appropriate lump sum or unit price item in the Bid. Any Work

associated with this Section shall be considered incidental, unless a specific line item has been provided in the Bid Form.

DRAFT


1.3.2 The Contractor shall make required submittals promptly. Failure to comply with this requirement may result in the withholding of progress payments and make the Contractor liable for other prescribed action and sanctions.

1.3.3 With regards to Payment Applications, the Contractor shall be required to submit with their Payment

Application a current certificate of insurance, updated construction schedule, and an updated narrative report. Failure to include all documents listed may result in the Payment Application being returned without review.

1.3.4 The cost of any reproductions and resubmittals shall be considered incidental and included in the Contractor’s

bid. 1.4 DEFINITIONS 1.4.1 Coordination Drawings show the relationship and integration of different construction elements that require

careful coordination during fabrication and installation to fit in the space provided or to function as intended. 1.4.2 Field samples are full-size physical examples erected on-site to illustrate finishes, coatings, or finish materials.

Field samples are used to establish the standard by which the Work will be judged. 1.4.3 Mockups are full-size assemblies for review of construction, coordination, testing, or operation; they are not

Samples. 1.5 ADMINISTRATIVE SUBMITTALS 1.5.1 Schedule of Values A. The Contractor’s Schedule of Values shall only be required for Lump Sum Bid Projects or Lump Sum Bid

Items within a Unit Price Bid. For Unit Price Bid Projects, a Schedule of Values will not be required. However, the value of a lump sum item within a unit price bid may be required to be broken out for the purpose of substantiating payment.

B. For lump sum Bids, submit Schedule of Values on the electronic Pay Application form provided at the Pre-

Construction Conference. The AIA Document G703A may not be used without prior written approval. For unit price bids, the bid items will be submitted on the electronic Pay Application form provided at the Pre-Construction Conference.

C. Submit the Schedule of Values to the Engineer at least ten (10) days after receiving the Notice of Award. Upon

Engineer’s request, support the values provided with substantiating data.

D. Preparing Schedule of Values for Lump Sum Bids: 1. Itemize separate line item cost for each of the following general cost items: Performance and Payment

Bonds, field supervision and layout, and temporary facilities and controls. 2. Itemize separate line item cost for Work required by each section of this Specification. Break down

installed cost with overhead and profit. 3. For each line item which has installed value of more than $20,000, break down costs to list major

products or operations under each item, rounding figures to nearest dollar. Make sum of total costs of all items listed in schedule equal to total Contract Amount.

4. At the Engineer’s discretion, unit price bid items may be required to be broken down to values less than $20,000.

E. Review and Resubmittal: After Engineer’s review, if requested, revise and resubmit Schedule until accepted. 1.5.2 Construction Schedule A. The Contractor shall prepare a fully developed, horizontal bar-chart-type size no less than 11x17 (tabloid),

Contractor’s Construction Schedule including all Work in the Contract. Submit Preliminary Schedule ten (10) days after the date of Notice of Award and Contract Schedule for approval within 10 days after the date of Notice to Proceed. No Work shall commence on site until an approved schedule has been received by the Engineer.

DRAFT


B. Provide a separate time bar for each significant construction activity. Provide a continuous vertical line to

identify the first working day of each week. Use the same breakdown of units of the Work as indicated in the unit price bid line items or the “Schedule of Values” from the lump sum bid, approved by the Engineer.

C. Within each time bar, place a contrasting mark in each bar to indicate Actual Completion. D. Prepare the schedule on a sheet, or series of sheets, on reproducible media, of sufficient width to show legible

data for the entire construction period. E. Secure time commitments for performing critical elements of the Work from parties involved. Coordinate each

element on the schedule with other construction activities; include minor elements involved in the sequence of the Work. Show each activity in proper sequence. Indicate graphically the sequences necessary for completion of related portions of the work and graphically indicate the critical path.

F. Coordinate the Contractor’s Construction Schedule with the Schedule of Values, list of subcontracts, Submittal

Schedule, progress reports, payment requests, and other schedules. G. Indicate completion in advance of the date established for Substantial Completion. Indicate Substantial

Completion on the schedule to allow time for the Engineer’s procedures necessary for certification of Substantial Completion.

H. Indicate important stages of construction for each major portion of the Work, including submittal review,

testing, and installation. I. Following response to the initial submittal, print and distribute copies to the subcontractors and other parties

required to comply with the schedules dates. Post copies in the Project meeting room and temporary field office, if available. When revisions are made, distribute to the same parties and post in the same locations.

J. Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue

the updated schedule concurrently with each payment application or monthly whichever comes first. K. Comments made by the Engineer on the schedule, or lack of such comments, or rejection or non rejection of the

Contractor's schedule does not relieve the Contractor from compliance with requirements of the Contract Documents, nor do they create any responsibility or duty for scheduling owed from the Owner, or the Engineer to the Contractor. This review, whether accompanied by comments, rejection, or neither, is only for general conformance with the schedule concept of the project and general compliance with the information given in the Contract Documents.

1.5.3 Schedule of Submittals

The Contractor shall provide a schedule listing each Submittal required in the Contract Documents in a workable arrangement, including the specification section number and description, for reviewing and processing each Submittal. The Schedule of Submittals shall be received from the Contractor and approved by the Engineer prior to the Engineer’s review of any Submittals.

1.5.4 Permits

The Contractor shall be required to apply for building/construction permits for the Project as required. The cost of the permit shall be incidental to the Project unless an allowance has been provided in the Bid Form. Projects for public entities shall still require a permit from their building/planning department. Such permits may be at no cost to the Contractor (e.g. the City’s Building Department may not require payment for their project permit within their jurisdiction.). The Contractor shall be required to verify all permit cost prior to submitting their Bid.

1.5.5 Pre- and Post-Construction Video

The Contractor shall furnish all labor, materials and equipment to furnish color audio video recorded survey of the project site as specified herein.

DRAFT


A. An original and two (2) copies of a continuous color audio video recording of the entire area within fifty (50) feet of

the construction area.

1. Pre-Construction: The recording shall clearly and completely describe existing conditions throughout the entire area. The recording shall be made jointly under the direction of the Contractor and the company of the Engineer. The Contractor shall be equipped to record either interior or exterior exposures.

2. Post-Construction: The recording shall clearly and completely describe the new conditions throughout the entire area and be recorded along the same path/area and sequence as the pre-construction recording.

B. The recording shall be taken prior to any construction activity and after project completion.

C. The recordings shall be submitted on Digital/Video Disc (DVD) or flash drive. Recording shall be playable on

Windows Media Player software without the need to download additional software or codecs. The Engineer reserves the right to reject the submittal because of incompatible video formats.

D. The Engineer reserves the right to reject the audio video recording because of poor quality, unintelligible audio or

uncontrolled pan or zoom. Any recording rejected by the Engineer shall be rerecorded at no cost to the Owner. Under no circumstances shall construction begin until the Engineer has received and accepted the audio video DVD(s).

E. Complete coverage shall include all surface features within 50’ of the work area to be utilized by CONTRACTOR and shall be supported by appropriate audio description made simultaneously with video coverage. Such coverage shall include, but not be limited to, all existing driveways, sidewalks, curbs, ditches, roadways, landscaping, trees, culverts, headwalls, retaining walls, equipment, buildings, structures, pavements, manholes, vaults, handrails, etc. located within the aforementioned work zone. Video coverage shall extend to the maximum height of all structures within this zone.

F. All recording shall be done during times of good visibility. No recording shall be done during periods of visible precipitation, or when more than ten percent of the ground area is covered with standing water, unless otherwise authorized by Engineer.

G. Each recording shall include the Owner’s name, Contract name and number, CONTRACTOR’s name, date and location information such as street name, direction of travel, viewing side, etc.

H. Information appearing on the recording submittal must be continuous and run simultaneously by computer

generated transparent digital information. No editing or overlaying of information at a later date will be acceptable. Time must be accurate and continuously generated.

I. Digital information to appear in the bottom right corner shall be as follows: 1. Day, date and time

J. Audio information to be provided at the beginning on each recording:

1. Name of Contractor and Company Recording 2. Name of Project and Job Number 3. Name of Attendees Present during Recording

K. All DVDs, flash drives, and boxes shall bear labels with the following information: 1. DVD Number 2. Owner’s Name 3. Date of Recording 4. Project Name and Number 5. Location and Standing Limit of Recording

L. Written documentation must coincide with the information on the recording so as to make easy retrieval of locations

sought for at a later date.

DRAFT


M. Audio shall be recorded at the same time as the video recording and shall have the same information as on the

viewing screen. Special commentary shall be given for unusual conditions of buildings, sidewalks and curbing, foundations, trees and shrubbery, structures, equipment, pavement, etc.

N. Prior to commencement of audio video recording, CONTRACTOR shall notify the Engineer in writing when and

where the audio video recording will begin. The Engineer may provide a designated representative to accompany and oversee coverage of all recording operations. Audio video recording completed without an Engineering representative present will be unacceptable unless specifically authorized by the Engineer.

1.5.6 Applications for Payment A. Applications for Payments will be prepared and submitted on electronic Pay Application forms provided at the

Pre-Construction Conference. B. Preparation of Application: Use data from approved Schedule of Values. Provide dollar value in each column

for each line item for portion of Work performed and for stored products. List each authorized Change Order as an extension at the bottom of the schedule of values on the continuation sheet and top of the application, include Change Order number and dollar amount as for an original Item of Work. Complete the percentage of Project Completion by the time and Contract value. Execute certification by signature of authorized signature.

C. Submittal Procures: Submit three copies of each Application for Payment with the Contractor’s original

signature. Include an updated construction schedule, a Narrative Report Outline, and Certificate of Insurance with each request for payment at monthly intervals. Job Progress Drawings / Record Drawings may also be requested with Pay Applications. The request for Job Progress Drawings will be at the discretion of the Engineer. The inability of the Contractor to provide Job Progress Drawings in compliance with this Section will be justification to withhold payment.

D. Substantiating Data: Submit data justifying dollar amounts in questions when such information is requested by

the Engineer. Provide one (1) copy of the data with a cover letter for each submittal. Indicate the Application number, date and line item number and description.

1.5.7 Narrative Report A. Provide a Narrative Report with each schedule submission of Pay Application. The Narrative Report is

expected to communicate to the Engineer/Owner their analysis of the schedule output and the plans to compensate for any problems either current or potential, which are revealed through that analysis. A sample Narrative Report has been provided at the end of this Section for reference. Narrative Report shall include the following minimum information:

1. Schedule narrative referring to each activity on the Overall Schedule including: 2. Description of any problem areas. 3. Current and anticipated delays. 4. Change in construction sequence. 5. Pending items and status thereof. 6. Contract completion date status. 7. Other project or scheduling concerns. 8. Including reviewed and updated Overall Schedule. 9. Progress Quality Chart (if required). 10. Revised cash flow information.

B. If at any time during the project, the Contractor fails to complete any activity by its latest completion date, he

will be required, within 7 days, to submit to the Engineer a written statement as to how and when he plans to reorganize his work force to return to the current.

DRAFT


1.5.8 Record Drawings / Job Progress Drawings A. The Contractor shall provide and maintain at the site two sets of full size prints on the jobsite, one set

designated "Job Progress Drawings" and the second set designated "Record Drawings". The Contractor shall contemporaneously maintain both sets in a condition which reflects the current status of the construction work.

Both sets shall be available to the Engineer for inspection and copying during the progress of the work. All markings shall be neatly performed with red pencil or ink.

B. The Job Progress Drawings shall be marked up to show all work complete in weekly intervals, and the week the

work is performed shall be shown. C. The Record Drawings will be marked up as required to show all deviations from the original contract drawings

including changes resulting from minor field adjustments, field orders, and Contract modifications. Changes should be drawn after the construction work is completed and all new locations, dimensions, and elevations shall be shown. Where larger scale presentation is required, the Contractor shall prepare additional drawings and attach them to the appropriate prints.

D. The Contractor shall maintain at the site one record copy of all drawings, specifications, addenda, change

orders, and other modifications, in good order and marked currently to record all changes made during construction; and shall maintain at the site reviewed shop drawings, product data, and samples. These shall be available to the Engineer and shall be delivered for the Owner upon completion of the work and during construction at time of submission of payment application, upon A/E requests. Failure to maintain and submit record drawings may be subject to withholding payment due to the Contractor until document markings are current with status of project.

E. Each month, or as otherwise agreed, the Contractor shall submit to the Engineer, a current listing and

description of each deviation incorporated into the work since the preceding submittal. F. Failure to submit the record drawing information shall be cause for withholding any partial payment due the

Contractor. G. At the completion of the work but before Substantial Completion, both the Job Progress Drawings and Record

Drawings sets of prints shall be submitted to the Engineer. 1.6 TECHNICAL SUBMITTALS 1.6.1 General A. Requirements in this section are in addition to any specific requirements for submittals specified in other

divisions and sections of these Contract Documents. B. All Submittals shall be submitted by and received from the General Contractor, who shall indicate by a signed

stamp on the shop drawings, or other acceptable means, that the Contractor has checked and approved the submittals, and that the work shown is in accordance with the Contract Documents and has been checked for relationship and coordinated with other work. The practice of submitting incomplete or unchecked submittals for the Engineer to correct or finish will not be acceptable, and submittals which, in the opinion of the Engineer, indicate that they have not been checked by the Contractor will be returned to the Contractor for resubmission in the proper form and with complete information.

C. Data submitted shall have sufficient detail for determination of compliance with the Contract Documents. D. No equipment or material for which listings, drawings, or descriptive material are required shall be fabricated,

purchased, or installed until the Engineer has on hand copies of such approved lists and the appropriately stamped final shop drawings.

E. Material and equipment installed, purchased, furnished, or provided for the Project which has not been

submitted and reviewed by the Engineer may be ordered removed and acceptable material and equipment installed in its place at no additional cost to the Owner.

DRAFT


F. When submittals have been reviewed electronically, a pdf copy will be returned to the Contractor appropriately

stamped. If major changes or corrections are necessary, the submittal may be rejected and will be returned to the Contractor with such changes or corrections indicated, and the Contractor shall correct and resubmit in the same manner and quantity as specified for the original submittal. If changes are made by the Contractor (in addition to those requested by the Engineer) on the resubmitted submittal, such changes shall be clearly explained by the Contractor in a transmittal letter accompanying the re-submittal.

1.6.2 Substitutions A. The Engineer will not pre-approve substitutions prior to Bid. B. When substitute equipment is proposed, clearly and unambiguously mark submitted material describing the

substitute to identify the differences between the qualities and characteristics of the offered substitute and the specified material. A standard form will be provided by Engineer for each request. A sample Substitution Form has been included at the end of this Section. Failure to provide the form and the identification of differences when substitutes are submitted for consideration will result in rejection of the proposed material. The Engineer shall not be responsible for researching or collecting data as required to justify the proposed substitution meets or exceeds the specifications.

C. Review of substitutions, schedules and lists of materials submitted or requested by the Contractor shall not add

to the Contract amount, and any additional costs that may result therefrom shall be solely the obligation of the Contractor.

D. When equipment substitutions are approved and that equipment alters the design or space requirements

indicated on the plans, the Contractor shall pay for all items of cost for the revised design and construction including costs of other trades involved and any engineering required to incorporate the approved substituted equipment into the Project. Owner shall not pay for the required additional costs.

1.6.3 Shop Drawing A. The Contractor shall submit to the Engineer for his review, one (1) pdf copy of Shop Drawings 11"x17" or

larger including catalog cuts for fabricated items. Shop Drawings shall be accurate, distinct, and complete, and shall contain all required information, including satisfactory identification of items, units, and assemblies in relation to the applicable parts of these Contract Documents.

B. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate

deviations from the Contract Documents. Do not reproduce Contract Documents in whole or in part or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project will not be accepted as a Shop Drawing.

C. Shop Drawings include fabrication and installation Drawings, setting diagrams, schedules, patterns, templates

and similar Drawings. Include the following information: 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets

at least 11 by 17 inches but no larger than 24 by 36 inches unless otherwise required to comply with this Section.

7. Do not use Shop Drawings without an appropriate final stamp indicating action taken. D. The review of shop drawings and catalog cuts by the Engineer will not relieve the Contractor from

responsibility for correctness of dimensions, fabrication details, and space requirements, or for deviations from the drawings or specifications, unless the Contractor has called attention to such deviations in writing by a letter accompanying the shop drawings and the Engineer approves the change or deviation in writing at the time of submission; nor shall review by the Engineer relieve the Contractor from the responsibility for errors in the

DRAFT


shop drawings. When the Contractor does call such deviations to the attention of the Engineer, the Contractor shall state in his letter whether or not such deviations cause any deduction or extra cost adjustment.

E. The Contractor agrees that shop drawing submittals processed by the Engineer do not become Contract

Documents and are not Change Orders; that the purpose of the shop drawing review is to establish a reporting procedure and is intended for the Contractor's convenience in organizing his work and to permit the Engineer to monitor the Contractor's progress.

1.6.4 Product Data A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes

printed information, such as manufacturer’s installation instructions, catalog cuts, standard color charts, roughing-in diagrams and templates, standard wiring diagrams, and performance curves.

1. Mark each copy to show applicable choices and options. Where printed Product Data includes information

on several products that are not required, mark copies to indicate the applicable information. Include the following information: a. Manufacturer’s printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notations of dimensions verified by field measurement. f. Notation of coordination requirements.

2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed.

3. Preliminary Submittal: Submit a preliminary single copy of Product Data where selectin of options is required.

4. Submittals: Submit 5 copies of each required submittal; submit 7 copies where required for maintenance manuals. The Engineer will retain one and will return the other marked with action taken and corrections or modifications required. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the

final submittal. 5. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers,

fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer’s possession. b. Do not permit use of unmarked copies of Product Data in connection with construction.

1.6.5 Samples A. Civil

1. Where required in the specifications, and as determined necessary by the Engineer, test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work shall be submitted to the Engineer, at the Contractor's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and tests to establish the quality or equality thereof, as applicable.

2. All samples and test specimens shall be submitted in ample time to enable the Engineer to make any tests or examinations necessary without delay to the work. The Contractor will be held responsible for any loss of time due to his neglect or failure to deliver the required samples and test specimens to the Engineer in a coordinated timely manner.

3. The Contractor shall submit additional samples and test specimens as required by the Engineer to assure equality with the original approved sample and/or determination of specification compliance.

4. The Contractor shall cooperate with the laboratory personnel and provide access to the work to be tested. The Contractor shall notify the laboratory sufficiently in advance of operations to allow scheduling of tests. The Contractor shall furnish labor and facilities to obtain and handle samples at the site and to store and cure test samples as required.

5. Any testing laboratory utilized by the Contractor shall be an independent laboratory acceptable to the Owner and the Engineer and complying with the latest edition of the "Recommended Requirements for

DRAFT


Independent Laboratory Qualification", published by the American Council of Independent Laboratories. The samples furnished and the cost of the laboratory services shall be at the expense of the Contractor.

6. Testing laboratories, whether provided by the Owner or the Contractor, shall promptly notify the Engineer and the Contractor of irregularities or deficiencies of work which are observed during performance of services. Laboratories shall submit two copies of all reports directly to the Engineer and two copies to the Contractor. The samples furnished and the cost for the laboratory services shall be at the expense of the Contractor.

7. Laboratory tests and examinations not required by the Contract Documents will be made at no cost to the Contractor, except that, if a sample of any material or equipment proposed for use by the Contractor fails to meet the specifications, the cost of testing subsequent samples shall be borne by the Contractor.

8. Sample items (fixtures, hardware, etc.) may be incorporated into the work upon acceptance of the items and when no longer needed by the Engineer for reference.

9. Where required in the specifications, and as determined necessary by the Engineer, test specimens or samples of materials, appliances, and fittings to be used or offered for use in connection with the work shall be submitted to the Engineer, at the Contractor's expense, with information as to their sources, with all cartage charges prepaid, and in such quantities and sizes as may be required for proper examination and tests to establish the quality or equality thereof, as applicable.

1.6.6 Audio/Video Recordings A. Audio/Video recordings shall conform to the requirements of Paragraph 1.5.5.

1.6.7 Certificates of Compliance A. A Certificate of Compliance shall be furnished for materials specified to a recognized standard or code prior to

the use of any materials specified for the work. The Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The Certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and state that the materials comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the Certificate.

B. All material used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact

that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work that conforms to the requirements of the Contract Documents and any such material not conforming to the requirements will be subject to rejection whether in place or not.

C. The Engineer reserves the right to refuse permission for use of material on the basis of a Certificate of

Compliance. 1.6.8 Quality Assurance Submittals A. Submit quality-control submittals, including design data, certifications, manufacturer’s instructions,

manufacturer’s field reports, and other quality-control submittals as required under other Sections of the Specifications.

B. Certifications: Where other Sections of the Specifications require certification that a product, material, or

installation complies with specified requirements, submit a notarized certification from the manufacturer certifying compliance with specified requirements. 1. Signature: Certification shall be signed by an officer of the manufacturer or other individual authorized to

sign documents on behalf of the company. C. Inspection and Test Reports: Requirements for submittal of inspection and test reports from independent testing

agencies are specified in Section 01400 – Quality Control. 1.6.9 Contract Closeout A. Contractor shall submit Contract Closeout Documentation as outlined in Section 01700 – Contract Closeout.

DRAFT


1.6.10 Warranties A. Contractor shall provide standard one-year warranty from the date of Substantial Completion for construction

of the Project, or a longer period of time as Contract Documents warrant. B. Specific product warranties may extend beyond the one-year construction warranty. Additional warranty

requirements are outlined in the specific Technical Specifications. Submit warranty certification meeting requirements upon Project Completion.

C. The date on which all Warranties commence shall be the date of Substantial Completion for the applicable Work/Product.

2.0 PRODUCTS (Not Used) 3.0 EXECUTION 3.1 The Contractor shall provide all of the submittals required by the Bidding Requirements, the GENERAL

CONDITIONS, the SUPPLEMENTARY CONDITIONS, Division 1, GENERAL REQUIREMENTS, and as may be specifically required elsewhere in these Contract Documents.

3.2 The Contractor shall submit to the Engineer a copy of all correspondence relative to the Contract, transmitting

notifications, reports and certifications. 3.3 The Owner shall not be responsible for providing engineering or other services to protect the Contractor from

additional costs accruing from such approvals. 3.4 The Owner is not precluded, by virtue of review, acceptance, or approval, from obtaining a credit for

construction savings resulting from allowed concessions in the work or materials therefor. 3.5 Submittals will be acted upon by the Engineer as promptly as possible, and in all cases within 20 days of receipt

and returned to the Contractor. Delays caused by the need for resubmittals shall not constitute reason for an extension of Contract time.

3.6 SUBMITTAL PROCEDURES 3.6.1 Each submittal will be accompanied by the Transmittal of Construction Submittals form provided during the

Pre-Construction Conference. 3.6.2 For easy tracking, the first submittal will be numerical (such as No. 1) and any re-submittal will be followed by

a letter. For example, the second submittal of Submittal No. 1 would be No. 1A. If there is a possibility of a third submittal, it would be numbered Submittal No. 1B and so on. All submittals must identify the applicable specification section and a description of the contents. Multiple submittals transmitted under the same cover shall identify each applicable specification section.

3.6.3 Coordinate preparation and processing of submittals with performance of construction activities. Transmit each

submittal sufficiently in advance of performance of related construction activities to avoid delay.

1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity.

2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Engineer reserves the right to withhold action on a submittal requiring coordination with other

submittals until all related submittals are received.

3.6.4 Processing: To avoid the need to delay installation as a result of the time required to process submittals, allow sufficient time for submittal review, including time for resubmittals.

1. Review time for each submittal/resubmittal shall be as per Paragraph 3.5.

DRAFT


2. Allow additional time if the Engineer must delay processing to permit coordination with subsequent submittals.

3. If an intermediate submittal is necessary, process the same as the initial submittal. 4. No extension of Contract Time will be authorized because of failure to transmit submittals to the Engineer

sufficiently in advance of the Work to permit processing. 3.6.5 Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the

name of the entity that prepared each submittal on the label or title block.

1. Provide a space approximately 4 by 5 inches on the label or beside the title block on Shop Drawings to record the Contractor’s review and approval markings and the action taken.

2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of the Engineer. d. Name and address of the Contractor. e. Name and address of the Subcontractor. f. Name and address of the Supplier. g. Name of the Manufacturer. h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate.

3.6.6 Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each

submittal from the Contractor to the Engineer using the Submittal Transmittal form provided to the Contractor at the Pre-Construction Conference.

3.7 Engineer’s Action A. Except for submittals for the record or information, where action and return is required, the Engineer will

review each submittal, mark to indicate action taken, and return promptly. B. The Engineer will not accept submittals received from sources other than the Contractor. The Engineer will not

accept submittals that have not been reviewed first by the Contractor and marked as reviewed. C. Unsolicited Submittals: The Engineer will return unsolicited submittals to the sender without action. D. Action Stamp: The Engineer will stamp each submittal with a uniform, action stamp. The Engineer will mark

the stamp appropriately to indicate the action taken, as follows:

1. “No Exceptions Noted” – denotes that the submittal generally meets the requirements of the Contract Documents. “No Exceptions Noted” does not indicate a review of the Contractor’s design except for general compliance with the requirements of the Contract Documents.

2. “Make Corrections Noted” – denotes review is conditional on compliance with notes made on the submittal.

3. “Revise and Resubmit” – denotes that revisions are required in the submittal in order for the submittal to be generally consistent with the requirements of the Contract Documents. Required revisions will be identified to the Contractor.

4. “Rejected” – denotes that he submittal does not meet the requirements of the Contract Documents and shall not be used in the Work. Reasons for rejection will be identified to the Contractor.

5. “Submit Specified Item” – denotes that the submittal excludes a specific item required to complete the Engineer’s review.


DRAFT


NARRATIVE REPORT OUTLINE 1. Contractor's transmittal letter. 2. Schedule narrative referring to each activity on the Overall Schedule including:

a. Activities completed this reporting period. b. Activities in progress this reporting period. c. Activities schedule next reporting period.

3. Description of any problem areas. 4. Current and anticipated delays.

a. Cause of the delay. b. Corrective action and schedule adjustments to correct the delay. c. Impact of the delay on other activities, milestones and completion dates.

5. Change in construction sequence. 6. Pending items and status thereof.

a. Permits. b. Change Orders. c. Time extensions. d. Other.

7. Contract completion date status.

a. Ahead of schedule and number of days. b. Behind schedule and number of days.

8. Other project or scheduling concerns. 9. Including reviewed and updated Overall Schedule. 10. Progress Quality Chart (if required). 11. Revised cash flow information. 12. Other.

DRAFT

COMPTON ENGINEERING, INC. TEMPORARY FACILITIES AND CONTROLS 218-049.006 01500-1

SECTION 01500 TEMPORARY FACILITIES AND CONTROLS

1.0 GENERAL 1.1 The Work in this Section includes providing all labor, materials, tools, and equipment necessary for providing

temporary facilities and controls as listed below: 1.1.1 Temporary utilities include, but are not limited to, temporary water service and distribution; temporary sanitary

facilities including drinking water; temporary electric power and lighting services; temporary heating, cooling and ventilation; and temporary telephone service and data.

1.1.2 Support facilities include, but not limited to, collection and disposal of waste and cleaning; temporary project identification signs; temporary exterior lighting; storage and fabrication sheds; temporary enclosures; field offices – Construction Manager, Subcontractor, Owner, and Construction Administrator; temporary lifts, joists and elevated use; and stairs.

1.1.3 Security and protection facilities include, but are not limited to, protection; barricades, warning signs, and lights; traffic ways; security for site and Agency; enclosure fence; security enclosure and lockup; identification badges/apparel for Construction personnel; and temporary fire protection.


Division 01 General Requirements Section 01016 Protection of Property Section 01700 Contract Closeout Section 02200 Earthwork

1.3 MEASUREMENT AND PAYMENT 1.3.1 Unless a specific line item has been provided in the Bid Form, any Work associated with this Section shall be

considered incidental. 1.3.2 If a specific line item has been provided in the Bid Form, payment shall be made at the appropriate Contract

lump sum or unit price item. Payment for work in this section shall be included in the lump sum or unit price bid to which it is subsidiary.

1.3.3 Installation and removal of and use charges for temporary facilities shall be included in the Contract Sum

unless otherwise indicated. Allow other entities to use temporary services and facilities without cost, including, but not limited to, Owner’s construction forces, Engineer, occupants of the Project, testing agencies, and authorities having jurisdiction.

1.3.4 Any cost associated with sewer service, water service, and electric power service for usage by all entities for

construction operations shall be paid by the Contractor. 1.3.5 Water and Sewer Service from Existing System: Water from Owner’s existing water system is available for use

without payment of use charges. Owner may request metering of water usage for internal tracking. Coordinate with Owner for metering requirements. Provide connections and extensions of services as required for construction operations.

1.3.6 Electric Power Service from Existing System: Electric power from Owner’s existing system is available for use

without payment of use charges. Owner may request metering of power usage for internal tracking. Coordinate with Owner for metering requirements. Provide connections and extensions of services as required for construction operations.

DRAFT



NFPA 241 Standard for Safeguarding Construction, Alteration, and Demolition Operations ANSI A10 Series Standards – Safety Requirements for Construction and Demolition ICC/ANSI A117.1 Accessible and Usable Buildings and Facilities NECA 200 Recommended Practice for Installing and Maintaining Temporary Electric Power at

Construction Sites NFPA 70 National Electrical Code OSHA Occupational Safety and Health Administration IBC International Building Code ADA Americans with Disabilities Act ABA Architectural Barriers Act MUTCD Manual of Uniform Traffic Control Devices NECA National Electrical Contractors Association NEMA National Electrical Manufacturers Association NFPA National Fire Prevention Association UL Underwriters Laboratories

1.5 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Quality Control: Provide copy of notification to authorities having jurisdiction and utility companies for intent to connect to services. Provide the required certifications and permits from each authority having jurisdiction. SD-02 Pre-Construction: Provide site plan indicating location of temporary facilities, utility hookups, staging areas, and parking areas prior to starting construction.

1.6 QUALITY ASSURANCE 1.6.1 Comply with industry standards and applicable laws and regulations of authorities having jurisdiction

including, but not limited to, utility company regulations; environmental protection regulations; police, fire department, and rescue squad rules; health and safety regulations; Americans with Disabilities Act; and building and fire code requirements.

1.6.2 Tests and Inspections: Arrange for authorities having jurisdiction to test and inspect each temporary utility

before use. Obtain required certifications and permits. 1.6.3 Accessible Temporary Egress: Comply with applicable provisions in the U.S. Architectural & Transportation

Barriers Compliance Board's ADA-ABA Accessibility Guidelines and ICC/ANSI A117.1. 1.6.4 Electric Service: Comply with NECA, NEMA, and UL standards and regulations for temporary electric service.

Install service to comply with NFPA 70. 1.6.5 Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner and

do not allow hazardous, dangerous, or unsanitary conditions, or public nuisances to develop or persist on-site. 2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Provide materials, undamaged, in serviceable condition, and suitable for use intended. If not acceptable by

Engineer, Contractor shall provide new materials and any cost shall be considered incidental. 2.2 EQUIPMENT

DRAFT


2.2.1 Provide equipment, undamaged, in serviceable condition, and suitable for use intended. If not acceptable by Engineer, Contractor shall provide new equipment and any cost shall be considered incidental.

2.3 TEMPORARY FENCING 2.3.1 Minimum 2-inch, 0.148-inch thick, galvanized-steel, chain-link fabric fencing; minimum 6 feet high with

galvanized-steel pipe posts; minimum 2-3/8-inch OD line posts and 2-7/8-inch OD corner and pull posts, with galvanized barbed-wire top strand.

3.0 EXECUTION 3.1 INSTALLATION 3.1.1 Locate facilities where they will serve Project adequately and result in minimum interference with performance of

the Work. Relocate and modify facilities as required by progress of the Work. 3.2 TEMPORARY UTILITY INSTALLATION 3.2.1 Water Service: Install water service and distribution piping in sizes and pressures adequate for construction.

Exercise measures to conserve water. Extend branch piping with outlets located so water is available by hoses with threaded connections, as necessary. Use trigger-operated nozzles for water hoses, to avoid waste of water. Provide temporary pipe insulation to prevent freezing, as necessary. Install meter if requested by Owner.

3.2.2 Sanitary Facilities: Provide temporary toilets, wash facilities, and drinking water for use of construction personnel.

Comply with requirements of authorities having jurisdiction for type, number, location, operation, and maintenance of fixtures and facilities. Provide adequate number of facilities for use by all persons and trades employed on Work during construction period. Maintain daily in clean and sanitary condition.

3.2.3 Electric Power Service: No electrical power is available at site. The Contractor shall provide temporary or generated

power as necessary for his use. 3.2.3 Electric Power Service: Connect to Owner’s existing electric power service. Maintain equipment in a condition

acceptable to Owner. Install meter if requested by Owner. 3.2.3.1 Provide power outlets for construction operations, with branch wiring and distribution boxes located as needed.

Provide flexible power cords as required. 3.2.3.2 Power connection and consumption shall not disrupt Owner’s need for continuous service. Verify location of power

source, existing capacity, and Owner’s current and future needs during construction. Provide temporary power sufficient to meet Owner’s operational requirements in the case of unavoidable interruption of power.

3.2.3.3 All shut downs or interruptions to electrical services shall be scheduled with and approved by Owner forty-eight

(48) hours in advance. 3.2.4 Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction

operations, observations, inspections, and traffic conditions. 3.2.4.1 Provide and maintain lighting for construction operations to achieve a minimum lighting level of 10 foot candles. 3.2.4.2 Provide and maintain 2 foot candles lighting to exterior staging and storage areas after dark for security purposes. 3.2.4.3 Install and operate temporary lighting that fulfills security and protection requirements without operating entire

system. 3.2.4.4 Maintain lighting and provide routine repairs. 3.2.4.5 Provide branch wiring from power source to distribution boxes with lighting conductors, pigtails, and lamps as

required. 3.2.4.6 Provide superintendent with cellular telephone for use when away from field office.

DRAFT


3.3 SUPPORT FACILITIES INSTALLATION 3.3.1 Vehicular Access and Parking: Conduct the Work so as to ensure the least possible obstruction to vehicular traffic

and inconvenience to the general public and the residents in the vicinity of the work and to ensure the protection of persons, property and natural resources. No road or street shall be closed to the public except with the permission of the Owner/Engineer and the proper governmental authority.

1. Parking of vehicles on lawns, parkways, walks, etc. outside of construction area will not be permitted. 2. Brief and temporary stopping within the Public Right-of-Way will be permitted to load or unload equipment or

materials used in the construction process. Do Not under any circumstances, leave any vehicle unattended with motor running, or with ignition key in-place.

3.3.2 Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate for

construction operations. Locate temporary roads and paved areas on Drawings. Provide dust-control treatment that is nonpolluting and nontracking. Reapply treatment as required to minimize dust.

3.3.3 Temporary Use of Permanent Roads and Paved Areas: Locate temporary roads and paved areas in same location as

permanent roads and paved areas. Construct and maintain temporary roads and paved areas adequate for construction operations. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations.

1. Coordinate elevations of temporary roads and paved areas with permeant roads and paved areas. 2. Prepare subgrade and install subbase and base for temporary roads and paved areas according to Section 02200

– Earthwork. 3. Recondition base after temporary use, including removing contaminated material, regrading, proof rolling,

compacting, and testing. 4. Delay installation of final course of permanent hot-mix asphalt pavement until immediately before Substantial

Completion or as directed by Engineer. 3.3.4 Traffic Controls: Comply with requirements of the Drawings, the authorities having jurisdiction, and the MUTCD,

see also Traffic Control Plan.

1. Protect existing site improvements to remain including curbs, pavement, and utilities. 2. Maintain access for emergency vehicles at all times and access to fire hydrants.

3.3.5 Dewatering Facilities and Drains: Comply with requirements of authorities having jurisdiction. Maintain Project

site, excavations, and construction free of water. Dispose of rainwater in a lawful manner that will not result in flooding Project or adjoining properties or endanger permanent Work or temporary facilities.

3.3.6 Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction

operations. Comply with requirements of authorities having jurisdiction. 3.3.7 Project Signs: Provide Project signs as indicated. Unauthorized signs are not permitted. 3.3.7.1 Provide Project identification sign of design and construction indicated on Drawings, if required. 3.3.7.2 Comply with requirements of authorities having jurisdiction. 3.3.7.3 Provide other signs as indicated and as required informing public and individuals seeking entrance to Project. 3.3.8 Temporary Stairs: Until permanent stairs are available, provide temporary stairs where ladders are not adequate. 3.3.9 Temporary Use of Permanent Stairs: Use of new stairs for construction traffic will be permitted, provided stairs are

protected and finishes restored to new condition at time of Substantial Completion. 3.3.10 Temporary Elevator Use: Use of elevators is not permitted without Owner’s prior approval.

DRAFT


3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION 3.4.1 Security: Provide security and facilities to protect Work, existing facilities, vandalism, and theft from unauthorized

entry. Securing the Project will be at the Contractor’s expense. 3.4.2 Temporary Exterior Enclosures: Provide temporary insulated weather-tight closure of exterior openings to

accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification sections, and to prevent entry of unauthorized persons. Provide access doors with self-closing hardware and locks. All enclosures shall meet existing requirements as may be required by jurisdictions having authority over the Project.

3.4.3 Temporary Partitions: Provide floor-to-ceiling dustproof partitions to limit dust and dirt migration and to separate

areas occupied by Owner from fumes and noise and to prevent damage to existing materials and equipment. 3.4.4 Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect

against reasonably predictable and controllable fire losses. Comply with NFPA 241. 3.4.4.1 Prohibit smoking on Owner’s property. 3.4.4.2 Supervise welding operations, combustion-type temporary heating units, and similar sources of fire ignition

according to requirements of authorities having jurisdiction. 3.4.4.3 Develop and supervise an overall fire-prevention and –protection program for personnel at Project site. Review

needs with local fire department and establish procedures to be followed. Instruct personnel in methods and procedures. Post warnings and information.

3.4.4.4 Take all precautions to prevent possibility of fire resulting from construction operations. Particularly avoid

hazardous accumulations of rubbish and unsecured, flammable materials. 3.4.4.5 Provide emergency fire extinguishing equipment of adequate type and quantity, readily available and properly

maintained. 3.4.5 Temporary First Aid Facilities: Provide adequate first aid facilities for construction personnel. 3.4.6 Environmental Protection: Provide protection, operate temporary facilities, and conduct construction as required to

comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Refer also to Section 01016 – Protection of Property.

3.4.7 Temporary Erosion and Sedimentation Control: Provide measures to prevent soil erosion and discharge of soil-

bearing water runoff and airborne dust to undisturbed areas and to adjacent properties and walkways, according to requirements of EPA Construction General Permit.

1. Verify that flows of water redirected from construction areas or generated by construction activity do not enter

or cross tree- or plant-protection zones. 2. Inspect, repair, and maintain erosion- and sedimentation-control measures during construction until permanent

vegetation has been established. 3. Clean, repair, and restore adjoining properties and roads affected by erosion and sedimentation from Project

site during the course of Project. 4. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal.

3.4.8 Stormwater Control: Comply with requirements of authorities having jurisdiction. Provide barriers in and around

excavations and subgrade construction to prevent flooding by runoff of stormwater from heavy rains. 3.4.9 Tree and Plant Protection: Install temporary fencing located as indicated or outside the drip line of trees to protect

vegetation from damage from construction operations. Protect tree root systems from damage, flooding, and erosion.

3.4.10 Barricades, Warning Signs, and Lights: comply with requirements of authorities having jurisdiction for erecting

structurally adequate barricades, including warning signs and lighting.

DRAFT


3.5 TERMINATION AND REMOVAL 3.5.1 Termination and Removal: Remove each temporary facility when needed for its service has ended, when it has been

replaced by authorized use of a permanent facility, or no later than Substantial Completion. 3.5.2 Complete or, if necessary, restore permanent construction that may have been delayed because of interference with

temporary facility. 3.5.3 Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 3.5.4 Materials and facilities that constitute temporary facilities are property of Contractor. Owner reserves rights to take

possession of Project identification signs. 3.5.5 Remove temporary roads and paved areas not intended for or acceptable for integration into permanent

construction. 3.5.6 Repair or replace street paving, curbs, and sidewalks at temporary entrances, as required by authorities having

jurisdiction. 3.5.7 Where area is intended for landscape development, remove soil aggregate fill that do not comply with requirements

for fill or subsoil. Remove materials contaminated with road oil, asphalt and other petrochemical compounds, and other substances that might impair growth of plant materials or lawns.

3.5.8 At Substantial Completion, repair, renovate, and clean permanent facilities used during construction period. Comply

with final cleaning requirements specified in Section 01700 – Contract Closeout.


DRAFT

COMPTON ENGINEERING, INC. ( TEMPORARY EROSION AND SEDIMENTATION CONTROL 218-049.006 01570-1

SECTION 01570 TEMPORARY EROSION AND SEDIMENTATION CONTROL

1.0 GENERAL 1.1 The Work in this Section shall include furnishing all materials, equipment, and labor necessary to effectively

control erosion on the construction site and prevent sediment-laden run-off from leaving the site during the course of construction.


Division 01 General Requirements Section 02290 Imported Materials for Foundation, Bedding and Backfill Section 02919 Borrow Topsoil Section 02924 Sodding Section 02936 Hydroseeding



1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the Drawings, Work included in this specification shall conform to the applicable provisions of these publications. MDEQ-MS Handbook for Erosion Control, Sediment Control, and Stormwater Management on Construction Sites and Urban Areas (2011 or most current version)

1.5 SEQUENCING AND SCHEDULING

1.5.1 Scheduling of Work

Clearing and grubbing shall be scheduled and performed in such a manner that subsequent grading operation and erosion control practices can follow immediately thereafter. Excavation, borrow, and embankment operations will be conducted such that cuts and fills will be completed to final grades in a continuous operation. All construction areas not otherwise protected shall be planted with permanent vegetative cover within 7 working days after completion of active construction.

1.5.2 Temporary Suspension of Work

If any earthwork is to be suspended for any reason whatsoever for longer than 14 calendar days, the areas involved shall be seeded with temporary vegetative cover or otherwise protected against excessive erosion within 7 calendar days. Suspension of work in any area of operation does not relieve the Contractor of the responsibility for the control of erosion in that area.

1.6 MAINTENANCE 1.6.1 Contractor’s Responsibility

The Owner may have prepared a Stormwater Pollution Prevention Plan, including a construction Notice of Intent, for the Mississippi Department of Environmental Quality. If available, a copy may be included in these specifications. The Contractor agrees to all of the conditions of the permit and the Contractor shall be responsible for prevention of damage to properties outside the construction limits from siltation due to

DRAFT


construction of the project. The contractor will assume all responsibilities to the affected property owners for correction of damages, which may occur. The Contractor further agrees to assume all responsibilities for all fines or damages assessed against the Owner by any regulatory agency or individual due to lack of proper erosion and sediment control during construction. The Owner reserves the right to withhold a portion of the Contractor’s payment requests sufficient to pay the assessments.

1.6.2 Minimum Areas to be Disturbed 1.6.2.1 Only those areas necessary for timely and proper completion of the project shall be stripped of native

vegetation. 1.6.2.2 No land disturbing activity shall be permitted in proximity of a natural watercourse without a buffer zone along

the margin of the watercourse of sufficient width to confine a visible siltation within the 25 percent of the buffer zone nearer the land disturbing activity.

1.6.2.3 The angle for graded slopes and fills shall be no greater than the angle, which can by retained by vegetative

cover or other adequate erosion control devices or structures. Slopes left exposed will, within 30 working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient of restrain erosion.

1.6.2.4 Whenever land disturbing activity is undertaken on a tract comprising more than one acre, if more than one

contiguous acre is uncovered, a ground cover sufficient to restrain erosion must be planted or otherwise provided within 30 working days on that portion of the tract upon which further active construction is not being undertaken.

1.6.3 Methods to be Used – Erosion Control

Any accepted erosion sedimentation control measures may be used, at the Contractor’s option, including and in addition to specific measures prescribed in the project plans and elsewhere in these specifications. Methods, which may be used, include, but are not limited to, vegetation, silt fences, or silt basins. The Contractor shall program and submit to the Engineer prior to beginning construction and erosion control schedule outlining measures to be taken for positive control of erosion and sedimentation during construction.

1.6.4 Placement of Sediment Control

All devices (silt fences, silt basins, etc.) for sediment control shall be constructed prior to beginning clearing and grubbing on the site.

1.6.5 Maintenance of Sediment Control Devices

All devices for sediment control shall be maintained in proper working order for the duration of the project.

1.6.6 Removal of Sediment Control Devices

Near the completion of the project or upon instruction by the Engineer, the Contractor shall dismantle and remove silt fences and fill silt basins used for sediment control during construction and dress up and seed the areas to give a pleasing appearance.

1.6.7 Additional Measures

If the Engineer determines that significant sedimentation is occurring as a result of activity on the construction site despite the application and maintenance of prescribed protective measures, the Engineer may require the Contractor to take additional protective measures.

1.6.8 Dust Control 1.6.8.1 The Contractor shall control dust throughout the life of the project within the project area and at all other areas

affected by the construction of the project, including, but not specifically limited to, unpaved secondary roads, haul roads, access roads, disposal sites, borrow and material sources, and production sites. Dust control shall not be considered effective where the amount of dust creates a potential or actual unsafe condition, public nuisance, or condition endangering the value, utility, or appearance of any property.

DRAFT


1.6.8.2 The Contractor will not be directly compensated for any dust control measures necessary, as this work will be

considered incidental to the work covered by the various contract items. 2.0 PRODUCTS (Not Applicable) 3.0 EXECUTION (Not Applicable)


DRAFT

COMPTON ENGINEERING, INC. TEMPORARY SILT FENCE 218-049.006 01571-1

SECTION 01571 TEMPORARY SILT FENCE

1.0 GENERAL 1.1 This section includes providing all labor, materials, tools, and equipment necessary for furnishing, constructing

and maintaining a water permeable filter type fence for the purpose of removing suspended soil particles from the water passing through it in accordance with the requirements shown on the drawings and this specification. Fence measured and paid as temporary shall be removed upon final acceptance of project or at a time approved by Engineer.


Division 01 General Requirements Section 02247 Geotextile Fabric



1.3.2 It is understood that measurement and payment for silt fence will be made only when ordered and a pay item is included in the proposal. The quantities are estimated for bidding purposes only, and may be varied dependent upon actual conditions which occur during construction of the project.

2.0 PRODUCTS

2.1 MATERIALS 2.1.1 Geotextile fabric (see Section 02247), posts, staples, and woven wire backing, as detailed in drawings. 3.0 EXECUTION 3.1 INSTALLATION 3.1.1 The silt fences shall be constructed at the locations shown on the drawings or as directed by the Engineer. 3.1.2 All posts shall be installed so that no more than three feet of the post shall protrude above the ground. Extra

post for bracing shall be installed as necessary to control sediment migration into storm drainage system or from leaving site, or as directed by the Engineer. The woven wire shall be securely fastened to the wood posts with staples. When metal posts are used, the wire shall be fastened to the post with wire or other approved means. The geotextile shall be attached to the wire fence by wire or other approved means. The bottom edge of the geotextile shall be buried six inches below ground surface to prevent undermining. When splicing of the geotextile is necessary, two posts shall be installed approximately 18 inches apart and each piece of geotextile shall be fastened to both posts. The geotextile will be rejected if it has defects, rips, holes, flaws, deterioration, or damage incurred during manufacture, transportation, storage, or installation. Type II geotextile may be installed without the woven wire fence backing provided all of the following conditions are met:

(a) Post spacing is reduced to six feet or less. (b) The geotextile has been approved by the Engineer and the manufacturer recommends its use without the

woven wire backing. (c) Fence posts shall be inclined toward the runoff source at an angle of not more than 20° from vertical. (d) Geotextile shall be attached to the posts in such manner that purpose intended is satisfied and maintained.

3.1.3 The Contractor shall maintain the silt fence and the geotextile shall be removed and replaced when deteriorated

to such extent that it reduces the effectiveness of the silt fence. Excessive accumulations against the fence shall be removed and disposed of as directed by the Engineer. Unless otherwise directed, all temporary silt fences

DRAFT

COMPTON ENGINEERING, INC. TEMPORARY SILT FENCE 218-049.006 01571-2

shall be removed. Upon removal, the Contractor shall remove and dispose of any excess silt accumulations, dress the area to give a pleasing appearance and vegetate all bare areas in accordance with the contract requirements. The temporary fence materials will remain the property of the Contractor and may be used at other locations provided the materials are acceptable to the Engineer.


DRAFT

COMPTON ENGINEERING, INC. MATERIAL & EQUIPMENT SHIPMENT, HANDLING, PROTECTION & STORAGE 218-049.006 01600-1

SECTION 01600 MATERIAL & EQUIPMENT SHIPMENT, HANDLING,

PROTECTION & STORAGE 1.0 GENERAL 1.1 This section describes the Contractor’s responsibilities as it relates to material and equipment transportation,

handling, storage, and protection to the Project Site. 1.2 RELATED SECTIONS

Division 01 General Requirements 1.3 MEASUREMENT AND PAYMENT


1.4 QUALITY ASSURANCE 1.4.1 Do not use materials and equipment removed from existing premises, except as specifically permitted by the

Contract Documents. 1.5 DELIVERY, STORAGE & HANDLING 1.5.1 Packing and Shipping – Transport and handle Products in accordance with manufacturer's instructions. 1.5.2 Acceptance at Site 1.5.2.1 Promptly inspect shipments to ensure that Products comply with requirements, quantities are correct, and

Products are undamaged. Provide Bill of Laden upon Engineer’s request. 1.5.2.2 Provide equipment and personnel to handle Products by methods to prevent soiling, disfigurement, or damage. 1.5.3 Storage and Protection 1.5.3.1 Store and protect Products in accordance with manufacturers' instructions. Store with seals and labels intact and

legible. 1.5.3.2 Store sensitive Products in weather tight, climate controlled, enclosures in an environment favorable to Product. 1.5.3.3 For exterior storage of fabricated Products, place on sloped supports above ground. 1.5.3.4 Cover Products subject to deterioration with impervious sheet covering. Provide ventilation to prevent

condensation, degradation, or oxidation of Products.

1.5.3.5 Provide equipment and personnel to store Products by methods to prevent soiling, disfigurement, or damage. 1.5.3.6 Arrange storage of Products to permit access for inspection. Periodically inspect to verify Products are

undamaged and are maintained in acceptable condition. 2.0 PRODUCTS (Not Applicable) 3.0 EXECUTION (Not Applicable)


DRAFT

COMPTON ENGINEERING, INC. CONTRACT CLOSEOUT 218-049.006 01700-1

SECTION 01700 CONTRACT CLOSEOUT

1.0 GENERAL 1.1 The Work in this Section includes administrative and procedural requirements for contract closeout including,

but not limited to, Substantial Completion procedures, Final Completion procedures, Warranties, Final Cleaning and, Repair of Work.


Part 3 Conditions of the Contract Division 01 General Requirements



1.3.2 Final payment will be made to the Contractor in accordance with the General Conditions. 1.4 SUBMITTALS

The following shall be submitted in accordance with Section 01330 – Submittals, in sufficient detail to show full compliance with the specification:

SD-01 Statement of Substantial Completion: Provide a written statement that Work has been provided in accordance with the Contract and is, in the opinion of the Contractor, Substantially Complete and ready for inspection. Contractor shall include any Work that is incomplete or outstanding and the reason why it is incomplete. Prior to receiving this submittal, the Engineer strongly encourages the Contractor to request an informal walk through of the Project for the Engineer to observe the level of completion. SD-02 Record Drawings: Submit per Section 01330 – Submittals, Paragraph 1.5.8 Record Drawings / Job Progress Drawings. SD-03 Post-Construction Video: Submit per Section 01330 – Submittals, Paragraph 1.5.5 Pre- and Post-Construction Video. SD-04 Operation and Maintenance (O&M) Manuals: Submit per Section 01330 – Submittals, Paragraph 1.6.6 Operation and Maintenance (O&M) Manuals. SD-05 Contractor’s Guarantee: Submit per Section 01330 – Submittals. Contractor shall provide a letter guaranteeing all Work performed under the Contract to be free of defective materials and workmanship for a period of 1-year from the date of Substantial Completion. SD-06 Waiver of Liens: Contractor shall provide a statement that No Liens are present on the Project and all payment to entities outside the Contract has been made. SD-07 Consent of Surety: Contractor shall provide certification from Surety agreeing to final payment on the Project.

1.5 GUARANTEES, BONDS AND AFFIDAVITS 1.5.1 No application for final payment will be accepted until all guarantees, bonds, certificates, licenses, and

affidavits required for work or equipment as specified are satisfactorily filed with the Engineer.

DRAFT


1.6 RELEASE OF LIENS AND CONSENT OF SURETY 1.6.1 No application for final payment will be accepted until satisfactory evidence of Release of Liens and Consent

of Surety to Final Payment has been submitted to the Owner. 2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Cleaning Agents: Using cleaning materials and agents recommended by manufacturer or fabricator of the

surface to be cleaned. Do not use cleaning agents that are potentially hazardous to health or property or that might damage finished surfaces.

3.0 EXECUTION 3.1 SUBSTANTIAL COMPLETION PROCEDURES 3.1.1 Submittals Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting

inspection for determining date of Substantial Completion. List items below that are incomplete at time of request.

1. Certificates of Release: Obtain and submit releases from authorities having jurisdiction permitting Owner

unrestricted use of the Work and access to services and utilities. Include occupancy permits, operating certificates, and similar releases.

2. Submit closeout submittals specified in other Division 01 Sections, including project record documents, operation and maintenance manuals, final completion construction photographic documentation, video documentation, damage or settlement surveys, property surveys, and similar final record information.

3. Submit closeout submittals specified in individual Sections, including specific warranties, workmanship bonds, maintenance service agreements, final certifications, and similar documents.

4. Submit maintenance material submittals specified in individual Sections, including tools, spare parts, extra materials, and similar items, and deliver to location designated by Engineer. Label with manufacturer’s name and model number where applicable.

5. Prepare and submit schedule of maintenance material submittal items, including name and quantity of each item and name and number of related Specification Section. Obtain Engineer’s signature for receipt of submittals.

6. Submit test/adjust/balance records. 7. Submit changeover information related to Owner’s occupancy, use, operation, and maintenance.

3.1.2 Procedures Prior to Substantial Completion: Complete the following a minimum of 10 days prior to requesting

inspection for determining date of Substantial Completion. List items below that are incomplete at time of request.

1. Terminate and remove temporary facilities from Project site, along with mockups, construction tools, and

similar elements. 2. Complete final cleaning requirements, including touchup painting. 3. Complete startup and testing of systems and equipment. 4. Perform preventive maintenance on equipment used prior to Substantial Completion. 5. Instruct Owner’s personnel in operation, adjustment, and maintenance of products, equipment, and

systems. 6. Touchup and otherwise repair and restore marred exposed finishes to eliminate visual defects. 7. Participate with Owner in conducting inspection and walkthrough with local emergency responders. 8. Make final changeover of permanent locks and deliver keys to Owner. Advise Owner’s personnel of

changeover in security provisions. 9. Advise Owner of pending insurance changeover requirements. 10. Advise Owner of changeover in heat and other utilities.

DRAFT


3.1.3 Inspection: Submit a written for inspection to determine Substantial Completion a minimum of seven (7) days prior to date the Work will be completed and ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare the Certificate or Substantial Completion after inspection or will notify Contractor of items, either on Contractor’s list or additional items identified by Engineer, that must be completed or corrected before certificate will be issued.

1. Reinspection: Request reinspection when the Work identified in previous inspections as incomplete is

completed or corrected. 2. Results of completed inspection will form the basis of requirements for final completion.

3.2 FINAL COMPLETION PROCEDURES 3.2.1 Submittals Prior to Final Completion: Before requesting final inspection for determining final completion,

complete the following:

1. Submit a final Application for Payment according to Section 01330 – Submittals. 2. Submit certified copy of Engineer’s Substantial Completion inspection list of items to be completed or

corrected (punch list), endorsed and dated by Engineer. Certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance.

3. Certificate of Insurance: Submit evidence of final, continuing insurance coverage complying with insurance requirements.

4. Submit pest-control final inspection report. 3.2.2 Submit a written request for final inspection to determine acceptance of a minimum of Work completed and

ready for final inspection and tests. On receipt of request, Engineer will either proceed with inspection or notify Contractor of unfulfilled requirements. Engineer will prepare a final Certificate for Payment after inspection or will notify Contractor of construction that must be completed or corrected before certificate will be issued.

1. Reinspection: Request for reinspection when the Work identified in previous inspections as incomplete is

completed or corrected. 3.3 SUBMITTAL OF PROJECT WARRANTIES 3.3.1 Time of Submittal: Submit written warranties on request of Engineer for designated portions of the Work where

commencement of warranties other than date of Substantial Completion is indicated, or when delay in submittal of warranties might limit Owner’s rights under warranty.

3.3.2 Partial Occupancy: Submit properly executed warranties within 15 days of completion of designated portions of

the Work that are completed and occupied or used by Owner during construction period by separate agreement with Contractor.

3.4 SUBMITTAL OF CLOSEOUT DOCUMENTS 3.4.1 Organize documents into an orderly sequence based on the table of contents of Project Manual.

1. Bind submittals, O&M manuals, record information, tests, data, bonds, etc. in heavy-duty, three-ring, vinyl-covered, loose-leaf binders, thickness as necessary to accommodate contents, and sized to receive 8/-1/2-by-11-inch paper.

2. Provide heavy paper dividers with plastic-covered tables for each section and document. Mark tab to identify the product or installation. Provide a typed description of the product or installation, including the name of the product and the name, address, and telephone number of Installer.

3. Identify each binder on the front and spine with the typed or printed title Project name and name of Contractor.

4. Electronic File: Scan documents and assemble complete package into a single indexed electronic PDF file with links enabling navigation to each item. Provide bookmarked table of contents at beginning of document.

DRAFT


3.5 FINAL CLEANING 3.5.1 General: Perform final cleaning. Conduct cleaning and waste-removal operations to comply with local laws and

ordinances and Federal and local environmental and antipollution regulations. 3.5.2 Cleaning: Employ experienced works or professional cleaners for final cleaning. Clean each surface or unit to

condition expected in an average commercial building cleaning and maintenance program. Comply with manufacturer’s written instructions.

1. Complete the following cleaning operations before requesting inspection for certification of Substantial

Completion for entire Project or for a designated portion of Project: a. Clean Project site, yard, and grounds, in areas disturbed by construction activities, including landscape

development areas, of rubbish, waste material, litter, and other foreign substances. b. Sweep paved areas broom clean. Remove petrochemical spills, stains and other foreign deposits. c. Rake grounds that are neither planted nor paved to a smooth, even-textured surface. d. Remove tools, construction equipment, machinery, and surplus material from Project site. e. Leave Project clean and ready for use.

3.6 REPAIR OF THE WORK 3.6.1 Complete repair and restoration operations before requesting inspection for determination of Substantial

Completion.


DRAFT


SAMPLE “CONTRACTOR’S GUARANTEE” (ON CONTRACTOR’S LETTERHEAD)

DATE OWNER NAME OWNER ADDRESS NAME OF PROJECT We hereby guarantee all Work performed under the Contract for the above captioned Project to be free from all defective materials and workmanship for a period of one (1) year from (insert substantial completion date), or such longer period of time as may be called for in the Contract Documents for such portions of the Work. CONTRACTOR NAME CONTRACTOR SIGNATURE

DRAFT

COMPTON ENGINEERING, INC. SITE PREPARATION 218-049.006 02015-1

SECTION 02015 SITE PREPARATION

1.0 GENERAL 1.1 The work in this section shall consist of all mobilization and preparation required by the Contractor to move in

equipment, personnel and successfully complete the required work in a timely, orderly and safe fashion. Under no circumstances will Site Preparation begin prior to the Owner's written Notice to Proceed. The limits of the Owner's property and easements are shown on the drawings. Any additional space required shall be secured by the Contractor.



Payment for Work in this section shall be included in the unit price / lump sum price as outlined in the Bid. Bid price shall include all cost of labor, materials, and incidentals complete.

2.0 PRODUCTS (Not Applicable) 3.0 EXECUTION 3.1 PREPARATION 3.1.1 All materials and equipment delivered to the site will be stored in such a manner as to avoid unnecessary

interference with ingress or egress to public and private properties. 3.1.2 The Contractor shall be responsible for providing all temporary facilities required for his use during

construction, including temporary security fencing, parking, temporary utilities, etc. 3.1.3 Clearing of the site as required will be performed by others. 3.1.4 Layout of facilities shall be performed by the Contractor from the information shown on the drawings. 3.2 OBSTRUCTIONS 3.2.1 Some obstructions may not be shown. Bidders are advised to carefully inspect the existing facilities before

preparing their Bids. The removal and replacement of minor obstructions such as electrical conduits, water, waste piping, and similar items shall be anticipated and accomplished, even though not shown or specifically mentioned.

3.2.2 Major obstructions encountered that are not shown on the drawings, or could not have been foreseen by visual

inspection of the site prior to bidding, should immediately be brought to the attention of the Engineer. The Engineer will make a determination for proceeding with the work. If the Engineer finds that the obstruction adversely affects the Contractor's costs or schedule for completion, a proper adjustment to the Contract will be made in accordance with the General Conditions.


DRAFT

COMPTON ENGINEERING, INC. GENERAL SITE DEMOLITION 218-049.006 02051-1

SECTION 02051 GENERAL SITE DEMOLITION

1.0 GENERAL 1.1 The Work in this Section shall include furnishing all materials, equipment, and labor necessary for demolition

not already accomplished required to accommodate new construction and includes additional demolition, salvage, removal from site, and dumping and related items to complete the Work as indicated on the Drawings and described in the Specifications. Demolishing includes, but is not limited to, wrecking and removal of: 1. All existing construction remaining which interferes with the completion of the work as noted. 2. Paving and walks 3. Concrete foundation 3. Roof structure/roofing 4. Finishes 5. Doors and Windows 6. Masonry Mechanical demolition shall be in conformance with the requirements of Division 15 -Mechanical. Electrical demolition shall be in conformance with the requirements of Division 16 -Electrical.


Division 01 General Requirements Section 02015 Site Preparation Section 02200 Earthwork


Payment for Work int his Section shall be included in the unit price/lump sum price as outlined in the Bid. Bid price shall include all cost of labor, materials, and incidentals complete.

1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications. 29 CFR 1926.62 Lead 29 CFR 1926.1101 Asbestos Title 8 CCR 1529 Asbestos Title 8 CCR 1532.1 Lead

1.5 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Shop Drawings: Indicate removal sequence, and location of salvageable items; location and construction of temporary Work.

DRAFT


SD-02 Contract Closeout: Submit project record documents; accurately record locations of any capped utilities and subsurface obstructions.

1.6 QUALITY ASSURANCE 1.6.1 Regulatory Requirements 1.6.1.1 Comply with requirements of applicable codes, rules and regulations referenced in Division 01 Section

"General Requirements", Article 1.03 "Codes". 1.6.1.2 Obtain required permits from applicable authorities. 1.6.1.3 Do not close or obstruct roadways or sidewalks without permits. 1.6.1.4 Minimize interference with corridors, exits, roadways and public thoroughfares. 1.6.1.5 Comply with applicable procedures if hazardous or contaminated materials are discovered or suspected. 1.6.2 Hazardous Materials Remediation Work 1.6.2.1 Perform lead and asbestos work in accordance with requirements of local, state, and Federal regulations for lead

and asbestos in construction, including but not limited to Title 8 CCR 1529 and Title 8 CCR 1532.1, and 29 CFR 1926.1101 and 29 CFR 1926.62.

1.7 PROJECT/SITE CONDITIONS 1.7.1 Protect adjacent work to remain, and items to be turned over Owner, from damage. 1.7.2 Existing Conditions: 1.7.2.1 If lead, asbestos or other hazardous materials are found or suspected, immediately stop work in the suspected

area and advise the Architect. Do not recommence work in the area until advised by the Architect that the area has been cleared for work.

1.8 SEQUENCING AND SCHEDULING 1.8.1 All demolition will be done by tradesmen familiar with the trade's work being removed. 1.8.2 Prior to commencing demolition all required utility termination and deactivation shall be done by the appropriate tradesmen. 2.0 PRODUCTS 2.1 EQUIPMENT 2.1.1 All demolition will be accomplished using the smallest equipment and tools appropriate to the Work. 3.0 EXECUTION 3.1 PREPARATION 3.1.1 Protection 3.1.1.1 Care will be taken during demolition to protect all work to remain. 3.1.1.2 Existing structure will be retained free from water infiltration due to work.

DRAFT


3.1.1.3 Patching of existing work to remain shall be done to match adjacent existing construction 3.1.1.4 Protect existing work which is to remain in place that is to be reused, or which is to remain the property of the

Owner by temporary covers shoring, bracing, and supports. Items which are to remain and which are damaged during performance of the work shall be repaired to their original condition or replaced with new. Do not overload structural elements. Provide new supports and reinforcement for existing construction weakened by demolition or removal work.

3.1.1.5 For portions of building to remain, protect building interior and all materials and equipment from weather at all

times. Where removal of existing roofing is necessary to accomplish work, have materials and workmen ready to provide adequate and approved temporary covering of exposed areas. Temporary coverings shall be attended, as necessary, to ensure effectiveness & to prevent displacement.

3.1.1.6 Protect all electrical and mechanical services and utilities. Where removal of existing utilities and pavement is

specified or indicated, provide approved barricades, temporary covering of exposed areas, and temporary services or connections for electrical and mechanical utilities.

3.1.1.7 No trees, except those specifically shown on the drawings to be removed, shall be removed without the express

approval of the Architect/Engineer. Removed trees will be disposed of off the work site by the Contractor. Where construction passes under the drip line of hardwood trees and 12" plus diameter pine, the Contractor shall protect the trees from damage during construction. In general, the Contractor shall hand dig as required and shall not cut any root 4" and larger. Recompact soil after construction by hand, if necessary, to protect the root system.

3.2 DEMOLITION 3.2.1 Demolition – General 3.2.1.1 Disconnections of utility services, related meters & equipment are included under Division 16000. 3.2.1.2 Remove masonry carefully so as to prevent damage to surfaces to remain and to facilitate the installation of

new work. Where new masonry adjoins existing, the new work shall abut or tie into the existing construction as indicated,

3.2.1.3 Where concrete work is to be removed, saw concrete along straight lines to a depth of not less than 2 inches.

Make each cut in walls perpendicular to the face and in alignment with the cut in the opposite face. The remainder of the concrete shall be broken out, provided that the broken area is concealed in the finished work, and the remaining concrete is sound. At locations where the broken face cannot be concealed, it shall be ground smooth or the saw cut shall be made entirely through the concrete.

3.2.1.4 Remove all concrete walks to the next expansion or control joint. 3.2.2 Demolition – Paving 3.2.2.1 Remove all paving and walks as shown on drawings. At paving to remain, saw cut existing to a straight line. 3.2.2.2 Re-establish grade as specified in Section 02200 - Earthwork. 3.2.3 Demolition – Structure 3.2.3.1 Remove existing wood frame and concrete masonry construction beginning from roof and work to ground

foundation or slab. 3.2.3.2 Sequence work so that structure remains stable during work or provide temporary bracing to remain portions to

insure stability.

DRAFT


3.2.3.3 Remove all flooring, slabs and foundations. Fill and compact building pad so that water does not accumulate in accordance with the requirements of Section 02200 - Earthwork.

3.2.3.4 Remove and cap all above and below ground utilities to nearest valve or cut-off point from building or to main

service line. 3.3 APPLICATION 3.3.1 Special Techniques 3.3.1.1 Use of explosives will not be permitted. 3.4 CLEANUP 3.4.1 Material removed which is not to be salvaged or reused in the Project shall become the property of the

Contractor and shall be promptly removed from the site. Do not store or permit debris to accumulate at the site. 3.4.2 Unless indicated otherwise, immediately remove demolished material from site. Dispose of materials legally off

site. Do not burn or bury materials on site. 3.4.3 Tracking or dropping of dirt or other materials from the site onto any public or private street shall be

minimized. 3.4.4 The Contractor shall clean all spilled dirt, gravel, or other foreign material caused by the construction

operations from all streets and roads at the conclusion of each day's operation. 3.4.5 Upon completion, clean the entire area of demolition residue satisfactory for the continuation of the Work.

Remove temporary work. 3.4.6 Disposal of Material 3.4.6.1 Except where indicated otherwise or specifically specified otherwise in other sections, all materials and

equipment removed, and not reused, shall become the property of the Contractor and shall be removed from the site. Title to all materials resulting from demolition, and all materials and equipment to be removed is vested in the Contractor upon approval by the Architect of the Contractor's demolition and removal procedures, and authorization by the Architect to begin demolition.

3.4.6.2 The Owner will not be responsible for the condition or loss of, or damage to, such property after Notice to

Proceed. Materials and equipment shall not be viewed by prospective purchasers or sold on the site. 3.4.6.3 Remove all designated demolished materials noted to be retained by Owner in a manner to preserve existing

condition of materials. Store materials at location designated by Owner.


DRAFT

COMPTON ENGINEERING, INC. EARTHWORK 218-049.006 02200-1

SECTION 02200 EARTHWORK 1.0 GENERAL 1.1 This work in this section includes providing all labor, materials, tools, and equipment necessary for the

excavation and the fill and embankment construction required to achieve the site finished grades and profiles indicated on the drawings or otherwise required by the contract documents. Also prescribed are the requirements for the removal, replacement, and disposal of unsuitable materials; the disposal of surplus materials; and the furnishing, placement, and compaction of borrow material.


Division 01 General Requirements Section 02110 Clearing, Grubbing & Stripping Section 02223 Backfilling (Site) Section 02290 Imported Materials for Foundation, Bedding and Backfill Section 02770 Civil Cast-in-Place Concrete

Coordinate Work prescribed by this specification with Work prescribed by the above listed specifications.

1.3 MEASUREMENT AND PAYMENT 1.3.1 Payment for Work in this section shall be included in the unit price / lump sum price as outlined in the Bid. Bid

price shall include all cost of labor, materials, and incidentals complete. 1.3.2 All quantities for excavation and fill shall be measured by pre- and post-fill survey data performed by the

Contractor and provided to the Engineer for review and approval. Survey shall meet the requirements of Section 01329 – Construction Surveying.

1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications.

ASTM D1557 Test Methods for Moisture-Density Relations of Soil and Soil Aggregate Mixtures using

10-pound Rammer and 18-inch Drop. ASTM D2487 Standard Test Method for Classification of Soils for Engineering Purposes. ASTM D2488 Standard Practice for Description and Identification of Soils (Visual-Manual Procedure). ASTM C33 Concrete Aggregate ASTM C150 Portland Cement OSHA Construction Industry Standards, Title 29, Code of Federal Regulations, Part 1926, Safety and Health Regulations for Construction.

1.5 DEFINITIONS

The following terms are defined as stated, unless otherwise indicated:

a. Soil Classification Symbols: Symbols based on the Unified Soil Classification System as determined per ASTM D2487 or ASTM D2488 (such as GW, SW, and CH).

b. Suitable Fill Material: Soil classified per ASTM D2487 or ASTM D2488 as one of the following: 1. Gravel (GW, GP, GM, GC) 2. Sand (SW, SP, SM, SC) 3. Inorganic lean clay (CL) 4. Inorganic silt (ML)

DRAFT


5. Gravel-silt, gravel-clay, sand-silt, sand-clay mixture containing 5 to 12 percent fines (e.g., GW-CL, SP-ML)

c. Suitable fill material shall be free from frozen lumps, refuse, stones, or rocks larger than 3 inches in any dimension, or other material that might prevent proper compaction or cause the completed fill or embankment to have insufficient bearing capacity for the expected superimposed loads.

d. Unsuitable Material: Soil having insufficient strength or stability to carry the loads that will be superimposed on the completed fill or embankment without excessive settlement or loss of stability; material containing refuse, frozen lumps, large rocks, debris, or other materials that could cause the fill or embankment not to compact; and organic soils (Pt, OH, OL).

e. Cohesive Materials: Soils classified per ASTM D2487 or ASTM D2488 as GC, SC, ML, CL, MH, CH, or materials classified as GM or SM when their fine fraction (material passing a No. 40 sieve) has a plasticity index of 4 or greater.

f. Cohesionless Materials: Soils classified per ASTM C2487 or ASTM D2488 as GW, GP, SW, SP, and materials classified as GM or SM when their fine function (material passing a No. 40 sieve) is nonplastic or has a plasticity index less than 4.

g. Modified Proctor Density: The maximum dry density achieved per ASTM D1557 when testing a sample of material representative of that to be compacted in the field.

h. Optimum Moisture Content: The moisture content at which the Modified Proctor Density is achieved. i. Inspection and Testing Agency: The Contractor shall retain a testing agency to perform the

inspections and tests required to determine and verify compliance of the work with the requirements of this specification.

j. Rock: Solid, homogenous, interlocking crystalline material with firmly cemented, laminated, or foliated masses, or conglomerate deposits that cannot be removed without the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or other concrete masses (except sidewalks and other pavements and slabs) larger than 1/2 cubic yard in volume.

k. Proof-Rolling: Applying test loads over the surface of a designated area to locate and permit the timely correction of deficiencies in subsurface soils that are likely to adversely affect the performance of an overlying pavement or structure.

1.6 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Pre-Construction: Provide a plan documenting how Contractor plans to control water, both surface and ground, to protect all excavations remaining open during construction, or how Contractor will divert/redirect flows during construction.

1.7 QUALITY ASSURANCE 1.7.1 An inspection and testing agency will be retained by the Contractor to perform field and laboratory testing and

soil evaluations to verify compliance of the work with the requirements of this specification and to ensure the achievement of the intents and purposes of the work. The performance or lack of performance of such tests and inspections shall not be construed as granting relief from the requirements of these specifications or the other contract documents.

2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Select Subbase: For subbase material requirements, see details on Drawings and Sections 02232 and 02290. 2.1.2 Borrow: Borrow material shall meet the requirements specified herein and in Section 02290 for suitable fill

materials. 2.1.3 Portland Cement: Portland cement shall be according to ASTM C150, Type I, or II and shall be installed per

Section 02770. 2.1.4 Sand: Sand shall be fine aggregate per ASTM C33 and meet requirements of Section 02290.

DRAFT


2.2 MIXTURES 2.2.1 Lean Concrete: A mixture containing 1 part (by volume) Portland cement, 2 parts sand, and water. The amount

of water shall be the minimum necessary to produce a mixture with a consistency suitable for proper placement. 3.0 EXECUTION 3.1 EXAMINATION 3.1.1 Existing Facilities to Remain

Take protective measures to prevent existing facilities within the work area that are not designated for removal from being damaged by the work.

3.1.2 Survey Monuments

Locate and protect from damage survey monuments within the work area. Properly relocate or witness any monument that must be disturbed by the work. After completion of the work, restore monument witnesses.

3.2 PREPARATION 3.2.1 Preceding Work: Before start of earthwork covered by this specification, complete required preceding work

such as outlined in Section 02110 –Clearing, Grubbing and Stripping. 3.2.2 Erosion and Siltation Control, Prevention, and Abatement: Provide erosion and sediment control devices as

required. The Contractor shall be responsible for installing control devices to avoid impact to drainage basins. 3.2.3 Slope Stabilization 3.2.3.1 Stabilize the sides of excavations and any other steeply sloped bank as necessary to prevent slope failure or any

other earth movement that might injure personnel, or damage existing buildings, structures, or other facilities in the vicinity of the work. The stabilization method employed shall comply with all pertinent requirements of the OSHA Construction Industry Standards and all other applicable federal, state, and local codes and regulations.

3.2.3.2 Remove sheeting, bracing, and shoring systems employed for slope stabilization as the progress of the work

eliminates their need, unless they are permitted or required to remain by other provisions of these specifications or the other contract documents. Carefully remove such systems in a manner that will prevent subsidence or other soil movement that might damage any existing or newly constructed structure or other facility.

3.2.4 Existing or Complete Utilities: Use care in moving machinery and equipment over existing or newly installed

pipes and utilities during construction so as not to cause damage to completed work. Do not use power-driven equipment to excavate closer than 2 feet from any existing utility or structure. For work immediately adjacent to, or for excavation exposing an existing utility or other structure, use manual or light equipment excavation methods until the obstruction is cleared. Support uncovered pipes and other existing work affected by the excavation until they are properly supported by backfill.

3.2.5 Structures and Surfaces: Protect newly backfilled areas and adjacent structures, slopes, or grades from damage.

Repair and re-establish damaged grades and slopes. Protect existing streams, ditches, and other stormwater facilities from silt accumulation and erosion.

3.3 CONSTRUCTION LAYOUT 3.3.1 Unless otherwise stipulated elsewhere in the contract documents, the work covered by this specification shall

include the performance of calculations, and the setting of marks and stakes necessary to ensure that the work conforms to the required lines, grades, and dimensions. Relate such layout to the coordinate grid system, elevation datum, and related survey control monuments and benchmarks identified on the drawings or elsewhere in the contract documents.

DRAFT


3.4 EXCAVATION 3.4.1 Remove soil and other materials as necessary to achieve the finished grades, subgrades, and grading profiles or

other limits of excavation indicated. Utilize suitable materials resulting from excavation work in the construction of fills and embankments, and for the replacement of removed unsuitable materials.

3.4.2 Stockpile excavated suitable materials that are surplus to the quantity needed for construction of required fills

and embankments, or for replacement of unsuitables, in the manner indicated on the drawings or elsewhere in the contract documents. Dispose of surplus materials offsite, if no provisions for stockpiling are cited or if the quantity of surplus material exceeds the quantity to be stockpiled.

3.4.3 After the excavation to the required finish grade is completed, recompact materials that are to remain but have

been loosened or otherwise disturbed by the excavation operations, to a firm, stable condition, and to a density equal to or greater than the surrounding undisturbed material.

3.5 DITCHES, SWALES, AND CHANNELS 3.5.1 Construct new and modified ditches, swales, and channels to conform with the lines, grades, and cross sections

indicated on the plans or otherwise required by the contract documents. Trim and dress roots, stumps, and other foreign materials exposed by the work to conform with the required surface. Do not over excavate. Backfill to grade any excessive excavation using either suitable materials thoroughly compacted to the density required for fills and embankments or place stone or cobble to form an erosion resistant ditch lining.

3.6 FILLS AND EMBANKMENTS 3.6.1 Construct fills and embankments by placing and compacting suitable materials in successive, uniform,

horizontal lifts of not greater than 8 inches loose thickness. Compact each lift to the specified density before placing materials for the overlying lift.

3.6.2 Where the required finished grade has a slope steeper than 1 vertical to 8 horizontal, overbuild the slope by no

less than 2 feet (measured horizontally) and trim back to finished grade after compaction. 3.6.3 EMBANKMENT FOUNDATION 3.6.3.1 Where the existing ground surface on which the fill or embankment is to be constructed has a slope steeper than

1 vertical to 8 horizontal, bench the surface so that each lift can be placed and compacted horizontally. Benching shall be of sufficient width to permit the safe and effective operation of placing and compacting equipment. Begin each horizontal cut at the intersection of the original ground surface and the vertical sides of the previous cut. Recompact material cut out for benching in conjunction with the compaction of the new fill material.

3.6.3.2 Where the fill or embankment is to be placed on an inundated area or on low swampy ground that will not

support the weight of the hauling equipment, construct the first lift by dumping successive loads of suitable materials in a uniformly distributed layer, of a thickness not greater than that necessary to support the hauling equipment while placing materials for the subsequent lift. Compact the top of this special first lift to a firm and stable condition; however, it need not be compacted to the specified density, provided it is overlaid by at least 2 lifts that are placed and compacted as required.

3.6.4 COMPACTION 3.6.4.1 Compact materials placed in fills and embankments to no less than 95 percent of Modified Proctor Density

ASTM D1557, except that the top 12 inches of subgrade beneath structurally loaded areas (such as slabs, pavements and foundations) shall be compacted to no less than 98 percent of Modified Proctor Density, unless noted otherwise on plans.

3.6.4.2 Adjust the moisture content as necessary to achieve a condition suitable for compaction. For cohesive

materials, the moisture content at the time of compaction shall be within plus or minus 3 percent of optimum. 3.6.4.3 Vibratory rolling shall only be permitted as approved by Engineer.

DRAFT


3.7 SURFACE DRAINAGE 3.7.1 Conduct excavation, fill, and backfill operations in such a manner and sequence that proper drainage is

maintained at all times in and around the work area. Promptly remove surface waters that become impounded. Remove and replace with suitable materials, or stabilize (by drying, or by approved mechanical or chemical amendment methods) materials that become loosened due to exposure to the elements.

3.8 SOFT OR YIELDING SUBGRADES 3.8.1 If an area of soft or yielding subgrade is detected during the performance of Work prescribed by this

specification, report this condition immediately to the Engineer for determination of appropriate corrective action.

3.9 PROOF-ROLLING 3.9.1 Proofroll the subgrade in all areas to receive fill or embankment. Extend proofrolling a minimum of 5'0"

horizontally outside the area to receive pavements or structures. Test the areas to be proofrolled with a minimum of four coverages of a four-wheeled rubber tired proofroller or dump truck with a minimum loaded weight of 25 tons, unless failure occurs during the first coverage. Proofroll the last two passes perpendicular to the first two. An area will be considered covered when the out to out dimension of the wheels of the roller has passed over it twice. An additional coverage may be required by the Engineer to ensure that a suspicious area is stable. Operate the roller in a systematic manner so that the number of coverages over all areas designated can be readily determined. Operate the equipment at a speed not to exceed five miles an hour or be less than 2-1/2 miles per hour. Proofroll only in the presence of the Engineer. Do not proofroll in alluvial areas having a near surface ground water level. Do not proofroll where water is ponded on the surface or when rainfall has occurred within the previous 24 hours.

After areas found to be unstable have been improved by excavation and backfilling, proofroll again to ensure the effectiveness of the corrective measures.

3.9.2 Excavation of Unsuitable Material: Excavate those areas where, in the opinion of the Engineer, proofrolling

indicates unstable subgrade or excessive rutting. Excavate to the necessary elevation or depth to correct the unstable condition as directed by Engineer.

3.9.3 Backfilling of Excavated Areas: Backfill excavated areas with approved suitable material unless otherwise

directed by the Engineer. Place backfill as soon as possible after excavation but in no case can the excavation be left open overnight. Do no place backfill on areas covered by water. Remove water from all excavated areas by approved methods. Place and Compact backfill materials in accordance with the requirements for fills and embankments as specified in Section 3.6 above.

3.10 FINISH GRADING 3.10.1 Trim and finish-grade the surface of areas involved in work covered by this specification to within plus or

minus 0.5 inches as obtained by laser grading. Final grade shall be verified by a survey conducted by a third part licensed surveyor and paid for in accordance with Section 01329. Contractor must submit the survey results to the Engineer for approval of fill quantity and finish grades. The resulting surface shall be reasonably smooth and free of ruts, ridges, depressions, and other significant irregularities. Finish ditches so that no ponding occurs. Leave areas designated to be grassed in a condition suitable for subsequent topsoiling, and seeding or sodding operations.

3.11 TESTING 3.11.1 The Contractor shall retain an independent inspection and testing agency to perform field and laboratory testing

and soil evaluations to verify compliance of work with requirements of specifications. For embankments and fill areas, testing shall occur at a minimum of one test per lift per 2,500 square feet of surface area within structure areas, and a minimum of two (2) tests per lift per 5,000 square feet of surface area within pavement areas. Density tests along pipe installations shall be taken on each 8” lift at a frequency of no less than one test per 300 linear foot of trench.


DRAFT

COMPTON ENGINEERING, INC. EXCAVATING (SITE) 218-049.006 02222-1

SECTION 02222 EXCAVATING (SITE)

1.0 GENERAL 1.1 The work in this section includes providing all labor, materials, tools, and equipment necessary for excavating

for finish grades, paving, landscaping, and site structures. 1.2 RELATED SECTIONS

Division 01 General Requirements Section 02200 Earthwork Section 02223 Backfilling (Site)

1.3 MEASUREMENT AND PAYMENT 1.3.1 Measurement: Verify that survey benchmark and intended elevations for the Work are as indicated. 1.3.2 Payment for Work in this section shall be included in the unit price / lump sum price as outlined in the Bid. Bid

price shall include all cost of labor, materials, and incidentals complete. 1.3.3 All quantities for excavation shall be field measured. 2.0 PRODUCTS (Not Applicable) 3.0 EXECUTION 3.1 PREPARATION 3.1.1 Identify required lines, levels, contours, and datum locations. 3.1.2 Locate, identify, and protect utilities that remain from damage. 3.2 PROTECTION 3.2.1 Protect plant life, lawns, and other features remaining as a portion of final landscaping. 3.2.2 Protect benchmarks, survey control points, existing structures, fences, sidewalks, paving, and curbs from

excavating equipment and vehicular traffic. 3.2.3 Prevent displacement or loose soil from falling into excavation; maintain soil stability. 3.2.4 Protect bottom of excavations and soil adjacent to and beneath foundation from freezing. 3.3 EXCAVATING 3.3.1 Remove soil and other materials as necessary to achieve the finished grades, subgrades, and grading profiles or

other limits of excavation indicated. Utilize suitable materials resulting from excavation work in the construction of fills and embankments, and for the replacement of removed unsuitable materials.

3.3.2 Slope banks with machine to angle of repose or less until shored. 3.3.3 Do not interfere with 45 degree bearing splay of foundations.

3.3.4 Grade top perimeter of excavation to prevent surface water from draining into excavation.

DRAFT

COMPTON ENGINEERING, INC. EXCAVATING (SITE) 218-049.006 02222-2

3.3.5 Hand trim excavation. Remove loose matter. 3.3.6 Remove lumped subsoil, boulders, and rock up to 1/3 cu yd measured by volume. 3.3.7 Notify Engineer of unexpected subsurface conditions and discontinue affected Work in area until notified to

resume work. 3.3.8 Correct areas over excavated in accordance with Section 02223 – Backfilling (Site). 3.3.9 Stockpile excavated suitable materials that are surplus to the quantity needed for construction of required fills

and embankments, or for replacement of unsuitable materialss, in the manner indicated on the drawings or elsewhere in the contract documents. Dispose of surplus materials offsite, if no provisions for stockpiling are cited or if the quantity of surplus material exceeds the quantity to be stockpiled. Consult Engineer to determine whether material excavated is deemed unsuitable.

3.3.10 After the excavation to the required finish grade is completed, recompact materials that are to remain but have

been loosened or otherwise disturbed by the excavation operations, to a firm, stable condition, and to a density equal to or greater than the surrounding undisturbed material.


DRAFT

COMPTON ENGINEERING, INC. BACKFILLING (SITE) 218-049.006 02223-1

SECTION 02223 BACKFILLING (SITE)

1.0 GENERAL 1.1 The work in this section includes providing all labor, materials, tools, and equipment necessary for backfilling

to subgrade elevations, fill under slabs-on-grade and paving, and fill for over-excavation. 1.2 RELATED SECTIONS

Division 01 General Requirements Section 02200 Earthwork Section 02222 Excavating (Site)

1.3 MEASUREMENT AND PAYMENT 1.3.1 Payment for Work in this section shall be included in the unit price / lump sum price as outlined in the Bid. Bid

price shall include all cost of labor, materials, and incidentals complete. 1.3.2 All quantities for excavation and fill shall be by field measure. 1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications AASHTO T180 Moisture-Density Relations of Soils Using a 10-lb (4.54 kg) Rammer and an 18-in. (457

mm) Drop ASTM D698 Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures, Using

5.5 lb (2.49 Kg) Rammer and 12 inch (304.8 mm) Drop ASTM D1556 Test Method for Density of Soil in Place by the Sand-Cone Method ASTM D1557 Test Methods for Moisture-Density Relations of Soils and Soil-Aggregate Mixtures Using

10 lb (4.54 Kg) Rammer and 18 inch (457 mm) Drop ASTM D2922 Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow

Depth) ASTM D3017 Test Methods for Moisture Content of Soil and Soil-Aggregate Mixtures

1.5 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals During Construction”, in sufficient detail to show full compliance with the specification: SD-01 Quality Control: Provide Density Test Reports per paragraph 3.5 Field Quality Control.

2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Fill Materials: as specified in Section 02200 – Earthwork.

DRAFT

COMPTON ENGINEERING, INC. BACKFILLING (SITE) 218-049.006 02223-2

3.0 EXECUTION 3.1 EXAMINATION 3.1.1 Verify structural ability of unsupported walls to support imposed loads by the fill. 3.2 PREPARATION 3.2.1 Compact subgrade to density requirements for subsequent backfill materials. 3.2.2 Cut out soft areas of subgrade not capable of compaction in place. Backfill with granular fill and compact to

density equal to or greater than requirements for subsequent fill material. 3.2.3 Scarify and proof roll subgrade surface to a depth of 12 inches to identify soft spots; fill and compact to density

equal to or greater than requirements for subsequent fill material. 3.3 BACKFILLING 3.3.1 Backfill areas to contours and elevations with suitable materials. 3.3.2 Systematically backfill to allow maximum time for natural settlement. Do not backfill over porous, wet, frozen

or spongy subgrade surfaces. 3.3.4 Construct fills and embankments by placing and compacting suitable materials in successive, uniform,

horizontal lifts of not greater than 8 inches loose thickness. Compact each lift to the specified density before placing materials for the overlying lift.

3.3.5 Compact materials placed in fills and embankments to no less than 95 percent of Modified Proctor Density

ASTM D1557, except that the top 12 inches of subgrade beneath structurally loaded areas (such as slabs, pavements and foundations) shall be compacted to no less than 98 percent of Modified Proctor Density, unless noted otherwise on plans.

3.3.6 Employ a placement method that does not disturb or damage other work. 3.3.7 Adjust the moisture content as necessary to achieve a condition suitable for compaction. For cohesive

materials, the moisture content at the time of compaction shall be within plus or minus 3 percent of optimum. 3.3.8 Make gradual grade changes. Blend slope into level areas. 3.3.9 Remove surplus backfill materials from site. 3.3.10 Leave fill material stockpile areas free of excess fill materials. 3.4 TOLERANCES 3.4.1 Top Surface of Backfilling: Plus or minus 0.1 foot from required elevations. 3.5 FIELD QUALITY CONTROL 3.5.1 Compaction testing will be performed in accordance with Section 02200. 3.5.2 If tests indicate backfill does not meet specified requirements, Contractor shall remove material, replace, and

retest at no additional cost to Owner.


DRAFT

COMPTON ENGINEERING, INC. EXCAVATING, BACKFILLING AND COMPACTION FOR UNDERGROUND PIPING 218-049.006 02224-1

SECTION 02224 EXCAVATION, BACKFILL & COMPACTION

FOR UNDERGROUND PIPING 1.0 GENERAL 1.1 The Work in this Section shall consist of furnishing all materials, equipment, and labor necessary for the

excavation, bedding, backfilling, and compaction required for installing underground piping, culverts, and associated appurtenances.

1.2 RELATED SECTIONS Division 01 General Requirements

02110 Clearing, Grubbing, and Stripping 02200 Earthwork 02290 Imported Materials for Foundation, Bedding, and Backfill 02501 Piping 02720 Storm Sewer Systems and Culverts


Payment for Work in this Section shall be included in the unit price/lump sum price as outlined in the bid. Bid price shall include all cost of labor materials, and incidentals complete.

1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the Drawings, Work included in this specification shall conform to the applicable provisions of these publications. ASTM C33 Standard Specification for Concrete Aggregate ASTM D1557 Test Methods for Moisture-Density Relations of Soil and Soil-Aggregate Mixtures using

10-pound Rammer and 18-inch Drop ASTM D2487 Standard Test Method for Classification of Soils for Engineering Purposes ASTM D2488 Standard Practice for Description and Identification of Soils (Visual-Manual Procedure)

ASTM D4253 Standard Test Methods for maximum Index Density of Soils using a Vibratory Table ASTM D4254 Standard Test Methods for Minimum Index Density of Soils and Calculation of Relative

Density

OSHA Constructions Industry Standards, Title 29, Code of Federal Regulations, Part 1926, Safety and Health Regulations for Construction.

1.5 DEFINITIONS 1.5.1 Suitable Backfill Material: Soil classified per ASTM D2487 or ASTM D2488 as one of the following: • gravel (GW, GP, GM, GC) • sand (SW, SP, SM, SC) • inorganic lean clay (CL) • inorganic silt (ML) • a gravel-silt, gravel-clay, sand-silt, sand-clay mixture containing 5 to 12 percent fines (e.g., GW-CL, SP-ML)

Suitable backfill material shall be free from frozen lumps, refuse, rocks larger than 3 inches in any dimension, or other material that might cause damage to the pipe, prevent proper compaction, or cause the completed backfill to have insufficient bearing capacity for the expected superimposed loads.

DRAFT


1.5.2 Unsuitable Material: Soil or other material having insufficient strength or stability to carry the loads that will be superimposed on the completed backfill without excessive consolidation or loss of stability; material containing refuse, frozen lumps, large rocks, debris, or other materials that could damage the pipe or cause the backfill not to compact; and organic soils (Pt, OH, OL).

1.5.3 Select Backfill Material: Must meet the requirements of Section 02290. 1.5.4 Cohesive Material: Soils classified per ASTM D2487 or ASTM D2488 as GC, SC, ML, CL, or materials

classified as GM or SM when their fine fraction (material passing No. 40 sieve) has a plasticity index of 4 or greater.

1.5.5 Rock: Solid homogenous interlocking crystalline material with firmly cemented, laminated, or foliated masses

or conglomerate deposits, that cannot be removed without the use of backhoe-mounted pneumatic hole punchers or rock breakers; also large boulders, buried masonry, or concrete other than pavement exceeding 1/2 cubic yard in volume.

1.5.6 Unyielding Subgrade: Rock or soil containing large stones (over 3 inches in any dimension) that if allowed to

remain at the trench bottom, would likely cause uneven or point loading on the pipe. 1.5.7 Unstable Subgrade: Material in the trench bottom that lacks sufficient firmness to maintain the alignment of

the pipe, or to prevent joints in the pipe from separating during backfilling. This may be material that is otherwise suitable but has been disturbed or is saturated with water.

1.5.8 Modified Proctor Density: The maximum dry density achieved per ASTM D1557 when testing a sample of

material representative of that to be compacted in the field. 1.5.9 Optimum Moisture Content: Modified Proctor Density is achieved. 1.5.10 Relative Density: The degree of compactness of a free draining granular soil with respect to the loosest and

densest conditions of the soil as determined by ASTM D4253 and ASTM D4254. 1.5.11 Soil Classification Symbols: Where used in this specification, symbols for soil classification (e.g., GW, SW,

CH) shall be understood to be the soil classification group symbol based on the Unified Soil Classification System as determined per ASTM D2487 or ASTM D2488.

1.5.12 Topsoil: Natural, friable, fertile, fine, loamy soil containing no less than 1.5 percent organic materials when

tested per AASHTO T194, and generally representative of agriculturally productive soils in the vicinity, that is free from appreciable quantities of hard clods, stiff clay, gravel, brush, large roots, and other deleterious materials.

1.5.13 Pipe Embedment Zone: The area of the trench in the immediate vicinity of the installed pipe, including special

foundations when required (see pipe bedding details on the drawings), where special materials and construction techniques are required by this specification to ensure proper installation of the pipeline.

1.5.14 Load-bearing Subgrade: The soil lying beneath and up to 5 feet outside of the edge of pavements and structures

(either existing or to be constructed), and the soil lying within such other limits of load-bearing subgrade as may be indicated on the drawings or elsewhere in the contract documents.

1.6 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Pre-Construction: Prior to starting construction, Contractor shall submit the following: a. Trenching Safety Plan: A trenching safety plan shall be submitted for review and approval no less than 10

days before the scheduled start date for trenching. The plan shall indicate the systems, methods, and techniques to be used to ensure that all trench sidewalls will be properly guarded for the protection of personnel and existing facilities and structures in the vicinity of the work.

DRAFT


b. Water Control Plan: Water control plan shall be submitted for review and approval no less than 10 days before the scheduled start date for trenching. The plan shall indicate the systems, methods, and techniques to be used to ensure trench remains free of water. No piping shall be installed with water in the trench. The Contractor shall control all surface and ground water during installation.

2.0 PRODUCTS 2.1 Materials 2.1.1 Granular Bedding Material: Well-graded sand (SW or SW-SM), gravel (GW or GW-GM), or manufactured

aggregate containing no particles larger than 1/2 inch, and free from roots, debris, or any other substance that would harm the pipe or might impair the performance of the material as bedding for the pipe.

2.1.2 Plastic Marking Tape: Plastic marking tape shall be acid and alkali-resistant polyethylene film, 6-inches wide

with minimum thickness of 0.004 of an inch. Tape shall have a minimum strength of 1750 psi lengthwise and 1500 psi crosswise. The tape shall be manufactured with integral wires, foil backing or other means to enable detection by a metal detector when the tape is buried up to 3 feet deep. The tape shall be of a type specifically manufactured for marking and locating underground utilities. The metallic core of the tape shall be encased in a protective jacket or provided with other means to protect it from corrosion. Tape color shall be as specified in Table 1 and shall bear a continuous printed inscription describing the specific utility.

Table 1. Tape Color Red

Electric

Yellow

Gas, Oil, and Dangerous Materials

Orange

Telephone, Telegraph, Television, Police, and Fire Communications

Blue

Water Systems

Green

Sewer Systems

2.1.3 Tracer Wire: 12 gauge long plastic coated wire taped directly to the pipe prior to installing backfill, unless

noted otherwise in Section 02501 or any piping material subsection following Section 02501. Terminate wire at all valves, meters, cleanouts, etc.

2.2 QUALITY CONTROL 2.2.1 TESTING 2.2.1.1 Testing: An independent testing agency shall be retained by the Contractor to perform field and laboratory

testing and soil evaluations to verify compliance of the work with the requirements of this specification and to ensure the achievement of the intents and purposes of the work. The performance or lack of performance of such tests and inspections shall not be construed as granting relief from the requirements of these specifications or the other contract documents.

3.0 EXECUTION 3.1 EXAMINATION 3.1.1 Prior to excavating, thoroughly investigate the line of the proposed trench to ascertain the existence and

location of any underground structures or other items that might interfere with the pipe installation. Notify Engineer of any obstructions that will prevent installation of the pipe or appurtenance as indicated on the drawings.

DRAFT


3.2 PREPARATION 3.2.1 Fills and Embankments: Where the pipeline is to be installed in an area of fill or embankment, verify that such

work has been completed to an elevation at least 3 feet above the top of the pipeline to be installed. 3.2.2 Construction Layout: Unless otherwise stipulated elsewhere in the contract documents, the work covered by

this specification shall include the performance of all calculations, and the setting of all marks and stakes necessary to ensure that the work conforms to the required lines, grades, and dimensions. Relate all such layout to the coordinate grid system, elevation datum, and related survey control monuments and bench marks identified on the drawings or elsewhere in the contract documents.

3.2.3 Stripping and Stockpiling Topsoil: Strip topsoil in areas to be excavated and stockpile separately from other excavated materials. Protect topsoil stockpiles from contamination during progress of the work until their materials have been used in finish operations.

3.2.4 Pavement Removal: Where trenches must be excavated in areas of existing paving, remove the pavement using

neat, straight, and square or parallel saw cuts no less than 1 foot outside of the line of intersection between the excavation sidewall and the pavement subgrade surface. In the case of Portland cement concrete pavement, the line of removal may be the nearest existing pavement joint outside of the 1 foot limit. Cut steel reinforcement exposed by the pavement removal and carefully bend it out of the way of the trenching work. Leave a sufficient amount of the reinforcement projecting within the removed area to allow for the lap splice with the new replacement reinforcement required for restoration of the pavement.

3.2.5 Erosion and Siltation Control, Prevention, and Abatement: Before starting earthwork operations in any

particular area of the project site, install measures for the control, prevention, and abatement of erosion and siltation for that area as required by any applicable federal, state, or local codes or regulations.

3.2.6 Trenching Safety: Before the start of trenching, plan for and assemble materials and equipment required to

stabilize trench walls as necessary to ensure the safety of personnel working in the trench, and to protect from damage existing facilities and structures in the vicinity of the work. The systems, methods, and techniques used shall meet or exceed all applicable requirements of the OSHA Construction Industry Standards, and all other local, state, and federal codes and regulations.

3.3 PROTECTION 3.3.1 Slope Stabilization

1. Stabilize the sides of excavations as necessary to prevent slope failure or any other earth movement which might injure personnel or damage existing buildings, structures, or other facilities in the vicinity of the work. The stabilization method employed shall comply with all pertinent requirements of the OSHA Construction Industry Standards, and all other applicable federal, state, and local codes and regulations.

2. Remove sheeting, bracing, and shoring systems employed for slope stabilization as the progress of the work eliminates their need, unless they are permitted or required to remain by other provisions of these specifications or the other contract documents. Carefully remove such systems to prevent subsidence or other soil movement that might damage any existing or newly constructed structure or other facility.

3.3.2 Existing or Complete Utilities: When crossing existing pipelines or other structures, alignment and grade shall

be adjusted as necessary, with the approval of the Engineer, to provide clearance as required by federal, state, or local regulations or as deemed necessary by the Engineer to prevent future damage or contamination of either structure. Carefully move machinery and equipment over existing or newly installed pipes and utilities during construction so as not to damage completed work. Do not use power-driven equipment to excavate closer than 2 feet from any existing utility or structure. For work immediately adjacent to, or for excavation exposing an existing utility or other structure, use manual or light equipment excavating techniques. Start manual or light equipment excavation before reaching the obstruction and continue until the obstruction is uncovered, or until clearance for the new pipe or utility is ensured. Support uncovered pipes and other existing work affected by the excavation until they are properly supported by backfill. Report immediately to the Engineer any damage to existing utility lines or other subsurface facilities.

3.3.3 Structures and Surfaces: Protect newly backfilled areas and adjacent structures, slopes, or grades from damage.

Repair and re-establish damaged grades and slopes. Protect existing streams, ditches, and other stormwater facilities from silt accumulation and erosion.

DRAFT


3.4 CONTROL OF WATER 3.4.1 Prevent or control water flow into excavations, or water accumulation in excavations, to ensure that the bottoms

and sides of all excavations remain in a firm and stable condition throughout construction operations. 3.4.2 Surface Waters: Plan and conduct excavation operations so as to minimize the disruption of stormwater

drainage in the vicinity of the work. Provide diversion ditches, dikes, and other suitable measures to control and direct runoff around and away from the excavation. Protect the sides of excavations from erosion and sloughing caused by stormwater runoff. Promptly remove stormwater accumulations in excavations. The systems and equipment for control of surface water shall be of sufficient capacity to accommodate the runoff rate that can be expected from the 2 year (50 percent annual chance) rainfall event, with no significant disruption of the construction schedule, or damage to existing features or facilities in the vicinity of the work. Submit water control plan for approval prior to excavation.

3.4.3 Groundwater: When the bottom of the trench must be carried to an elevation below the groundwater

piezometric surface, or to such proximity to the piezometric surface that the excavation bottom will become soft due to its being saturated by groundwater, take measures to lower the piezometric surface sufficiently to maintain the stability of the excavation bottom. Design the groundwater control system using accepted professional methods of design and engineering consistent with the best modern practice. The system shall include trenches and sumps with pumps, well points, and such other equipment, appurtenances, and related earthwork necessary to achieve the groundwater control needs of the work. Carefully design and operate the system to avoid damage to existing structures and other facilities in the vicinity of the work. Submit water control plan for approval prior to excavation.

3.4.5 Disposal of Removed Water: Convey water removed by the water control systems to an existing stormwater

drainage facility with sufficient capacity to accommodate the flow rates involved without damage. Secure permits or other approval required from authorities having jurisdiction for such stormwater discharge.

3.4.6 System Removal: After completing construction operations needing water control, remove materials,

equipment, and other facilities used for that purpose, and clean up and restore affected areas as required. 3.5 EXCAVATION 3.5.1 Carefully excavate trenches to the minimum depths and widths necessary for installing the pipeline and

associated appurtenances in accordance with the requirements of this specification, and the lines and grades indicated on the plans or elsewhere in the contract documents. Over-excavation of trench width or depth not directed by the Engineer shall be at the Contractor’s expense. In the pipe embedment zone, the trench sidewalls shall be as nearly vertical as practical. From the top of the pipe embedment zone to the surface, the trench sidewalls shall be either sloped sufficiently to prevent sloughing or cave-in, or shall be properly supported. Stockpile excavated materials in an orderly manner a sufficient distance from the trench sidewalls to avoid endangering the stability of the bank. All excavation of every description and of whatever substances encountered shall be performed to the depths indicated or as otherwise specified. During excavation, material suitable for backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench to avoid over-loading and to prevent slides or cave-ins. All excavated materials not required or suitable for backfill shall be removed and disposed of off-site at the Contractor's expense. Grading shall be done as necessary to prevent surface water from flowing into trenches or other excavations, and any water accumulating therein shall be removed by pumping or by other approved methods. Sheeting and shoring shall be done as necessary for the protection of the work and for the safety of personnel. Excavation shall comprise all materials encountered, including rock and filled-in material of whatever nature is involved. Do not install any work until excavations are free of water, mud, and loose earth. Do not install any work on frozen ground.

3.5.2 Unstable Subgrade: When soft, yielding, or otherwise unstable soil conditions are encountered at the required

trench bottom elevation, over excavate the trench to a depth of no less than 12 inches below the required pipe bottom elevation, and backfill with granular bedding material as directed by the Engineer. If conditions are so severe that over excavating and backfilling will not achieve a stable condition, notify the engineer immediately so that appropriate corrective measures may be identified.

3.5.3 Unyielding Subgrade: Whenever rock, stone, masonry, or other hard, unyielding material is encountered at or

above the required trench bottom elevation, remove it to provide a clearance of no less than 6 inches below and on each side of pipes and associated fittings, valves, and other appurtenances. Backfill the over-excavated area with granular bedding material.

DRAFT


3.5.4 Previous Excavations: In the event that the trench passes over a sewer or through any other previous

excavation, carefully compact the bottom of the trench to a density equal to or greater than that of the native soil adjacent to the previous excavation. Perform this compaction carefully to avoid damaging the previously installed facility.

3.5.6 Excavation for Appurtenances:

1. Excavations for precast manholes, catch basins, drainage inlets, and other similar structures shall be of sufficient size to permit proper placement of the structures in their intended positions, and to permit proper placement and compaction of backfill around the structures after their placement. For cast-in-place appurtenances, excavations shall be of sufficient size to permit placement and removal of necessary formwork.

2. When concrete is to be placed against the bottom or sides of an excavation, take care not to disturb the native soils that the concrete bears against. Excavate to final line and grade just before the concrete or masonry is to be placed. Remove loose or unstable materials. Clean rock of loose material and other debris, and cut to a firm and stable surface that is either level, stepped, or serrated; remove loose or deteriorated rock and thin strata.

3.6 BEDDING 3.6.1 After the excavation reaches the required trench bottom elevation and any unacceptable subgrade conditions are

corrected as specified where noted on the plans or directed by Engineer, prepare the bottom of the trench for placement of the pipe by spreading in the trench a layer of loose granular bedding material to attain a level just above the required grade of the outside bottom of the pipe. Carefully shape the surface of this layer of loose material to ensure that uniform and continuous support is provided to the bottom quadrant of each pipe section along its entire length. In the prepared trench bottom, excavate small depressions (bell holes) of the minimum size necessary to allow removing the pipe handling slings, to allow assembly of pipe joints, and to avoid the development of bearing loads on the pipe bells or flanges. Bedding thickness and width shall be in accordance with the appropriate pipe bedding details shown on the drawings. Bedding in excess of the width and depth specified without direction from the Engineer shall be at the Contractor’s expense.

3.7 PIPE LAYING AND ASSEMBLY 3.7.1 Place the pipe, pipe assemblies, and fittings on the prepared trench bottom, embedding the bottom of the pipe

into the loosely placed bedding materials true to the required line and grade. Ensure that the barrel of each pipe section is uniformly supported along its entire length, and that no point loads are developed on bells, flanges, or elsewhere. Assemble joints in accordance with the applicable piping system requirements.

3.8 HAUNCHING 3.8.1 After placing the pipe and assembling joints in accordance with the applicable system installation

specifications, carefully fill bell holes with bedding material and place compact bedding material under the sides of the pipe to the pipe spring line. Take care during placement and compaction of this material to ensure sound support is developed for the sides of the pipe while avoiding either vertical or lateral displacement of the pipe from its intended position. Place haunching area material and compact to the required density in uniform lifts of not over 6 inches loose thickness using manual or mechanical tamping techniques.

3.9 COORDINATION WITH SYSTEM TESTING 3.9.1 Coordinate initial and final backfilling with the applicable piping system installation specification testing

requirements to ensure that required visual examinations are accomplished before the pipeline is obscured by backfill.

3.10 INITIAL BACKFILL

1. Place and compact select backfill from the spring line of the pipe to the top of the pipe embedment zone in uniform horizontal lifts of not over 6 inches loose thickness. Bring up the level of backfill uniformly on opposite sides of the pipe along the full length of each pipe section. Take care not to damage the pipe or any protective coating it may have.

2. When installing high density polyethylene (HDPE) pipe, polyvinyl chloride (PVC) pipe, corrugated metal pipe (CMP), or any other flexible type pipe, give special attention to proper compaction of the materials in the pipe haunch area and sides to ensure that adequate side support of the pipe is developed while avoiding

DRAFT


any vertical or lateral displacement of the pipe. For flexible type pipe, the material directly above the pipe in the pipe embedment zone shall be only lightly compacted to avoid distorting the pipe. Compacted density requirements do not apply to materials in this area directly over flexible type pipe.

3. Install tracer wire on all non-ferrous pipe prior to backfill. Tape wire with 2” PVC tape on approximate 6' center and on each side of fittings.

3.11 FINAL BACKFILL 3.11.1 Place and compact suitable backfill material in 8 inch maximum loose thickness lifts to restore the required

finished surface grade. During final backfill for plastic or other non-ferrous pipelines, install plastic marking tape above the pipeline at a depth of 1 to 2 feet below the required finished grade.

3.12 COMPACTION 3.12.1 Equipment 3.12.1.1 Compact bedding and backfill materials using vibratory or impact type compaction equipment suitable for use

in confined areas, and operated at the frequency and amplitude recommended by the equipment manufacturer for the type of material and lift thickness involved in the work.

3.12.2 Moisture Content 3.12.2.1 At the time of compaction, the moisture content of the material shall be such that the specified compacted

density will be obtained and the completed backfill will be in a firm and stable condition. Adjust the moisture content as necessary to achieve a condition suitable for compactions.

3.12.2.2 For cohesive materials, the moisture content at the time of compaction shall be within plus or minus 3 percent

of optimum. 3.12.3 Compacted Density 3.12.3.1 Pipe Embedment Zone: Compact bedding and backfill material placed in the pipe embedment zone compacted

to a density of no less than 92 percent of Modified Proctor Density or, if a free-draining granular material, to a density of no less than 70 percent relative density.

3.12.3.2 Final Backfill:

a. Except in areas of load bearing subgrade, compact final backfill composed of suitable materials from the original trenching excavation to a density equal to or greater than that of the existing undisturbed material immediately adjacent to the trench. Where the excavated material is unsuitable for use as backfill and, therefore, imported materials are used, compact the backfill to no less than 90 percent of Modified Proctor Density.

b. In areas of load bearing subgrade, compact final backfill materials to a density of no less than 92 percent of Modified Proctor Density, with the top 12 inches compacted to no less than 95 percent of Modified Proctor Density, unless noted otherwise on plans.

3.13 RESTORATION AND CLEAN UP 3.13.1 After completing backfill placement and compaction, restore or replace shrubbery, turf, fences, and other

features, surfaces, and structures disturbed during the work, except as otherwise indicated. Return restored features and facilities to a condition equal or superior to that which existed before the work began.

3.13.2 Pavement Restoration: Restore removed pavement to a condition equal or superior to that existing prior to its

removal. Replace removed reinforcing steel with new material of a size, quality, and grade equal or superior to that which was removed. Install replacement steel with lap splices of no less than 36 bar diameters or 12 inches for wire fabric.

3.13.3 Clean Up: Remove off the jobsite and properly dispose of surplus piping materials, soils, temporary structures,

and other debris resulting from the work. Leave the site in a neat and clean condition, ready to receive topsoil, seeding, or whatever final surface treatment is indicated.

DRAFT


3.14 TESTING 3.14.1 The Contractor shall retain an independent testing agency to perform field and laboratory testing and soil

evaluations to verify compliance of Work with requirements of specifications. Density tests along pipe installations shall be taken each 8” lift at a frequency of no less than one test per 300 linear foot of trench.


DRAFT

COMPTON ENGINEERING, INC. CLEARING, GRUBBING AND STRIPPING 218-049.006 02232-1

SECTION 02232 CLEARING, GRUBBING AND STRIPPING

1.0 GENERAL 1.1 The work in this section includes providing all labor, materials, tools, and equipment necessary to remove

all interfering or objectionable material from the designated areas of work as required to accomplish the work. This work shall also include the preservative from injury or defacement of all vegetation and existing objects designated to remain, as shown or as specified herein.




1.4 DEFINITIONS 1.4.1 Clearing: Cutting, removing, and disposing of trees, snags, stumps, shrubs, brush, limbs, and other

vegetative growth, and shall be performed in such a manner as to remove all evidence of their presence from the surface and shall be inclusive of sticks and branches greater than 2 inches in diameter or thickness. Clearing shall also include the removal and disposal of trash piles, rubbish, and fencing; and the preservation of trees, shrubs, and vegetative growth which are not designated for removal.

1.4.2 Grubbing: The removal and disposal of wood or root matter below the ground surface remaining after

clearing and shall include stumps, trunks, roots, or root systems greater than 2 inches in diameter or thickness to a depth of 8 inches below the ground surface.

1.4.3 Stripping: The removal and disposal of all organic sod, topsoil, grass and grass roots, and other

objectionable material remaining after clearing and grubbing from the areas designated to be stripped. The exact depth of stripping will be determined by the Engineer, but in no case shall be less than 8 inches.

2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Provide all materials, suitable and in adequate quantity, required to accomplish the work as specified

herein. 3.0 EXECUTION 3.1 PROTECTION 3.1.1 Review with the Engineer the location, limits and methods to be used prior to commencing the work under

this section. 3.1.2 Preservation of Trees, Shrubs, and Other Vegetation: Protect trees, shrubbery, and other vegetation not

designated for removal from damage resulting from the work. Cut and remove tree branches only where, in the opinion of the Engineer, such cutting is necessary to effect construction operation. Remove branches other than those required to affect the work to provide a balanced appearance of any tree, as approved prior to removal. Scars resulting from the removal of branches shall be treated with an approved tree sealant.

DRAFT

COMPTON ENGINEERING, INC. CLEARING, GRUBBING AND STRIPPING 218-049.006 02232-2

3.2 CLEARING AND GRUBBING 3.2.1 Clearing, and Clearing and Grubbing Limits: Clearing and grubbing shall be accomplished as required to

install the project. 3.2.2 Clearing and Grubbing for Trench: Complete clearing and grubbing prior to the start of trenching. Get

Engineer's approval before beginning excavation. Do not permit excavated materials to cover brush or trees prior to disposal.

3.3 STRIPPING 3.3.1 All areas shall be stripped as specified. Do not mix strippings with borrow excavation. Borrow areas shall

be stripped in stages so that no more stripping is done than absolutely necessary. 3.3.2 Strip as required to provide the foundation on the project. 3.4 CLEANUP 3.4.1 Remove all cleared and grubbed material from the worksite and dispose of in accordance with all local

laws, codes and ordinances. 3.4.2 Topsoil from the strippings shall be stockpiled and used for the finished site grading. Excess topsoil will

become the property of the Contractor and will be removed from the site.


DRAFT

COMPTON ENGINEERING, INC. GEOTEXTILE FABRIC 218-049.006 02247-1

SECTION 02247 GEOTEXTILE FABRIC

1.0 GENERAL 1.1 This Work in this Section shall consist of furnishing all materials, equipment, and labor necessary for the

installation of geotextile fabric as per Engineers recommendations between the limestone base and select fill, as well as the geotextile fabric requirements for silt fencing.


Section 01000 General Requirements Section 01330 Submittals Section 01571 Temporary Silt Fence Section 02110 Clearing, Grubbing and Stripping Section 02720 Storm Sewer Systems and Culverts



1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications. AASHTO M 288-96 Geotextiles ASTM D4355 Standard Test Method for Deterioration of Geotextiles by Exposure to

Light, Moisture and Heat in a Xenon Arc-Type Apparatus ASTM D4632 Standard Test Method for Grab Breaking Load and Elongation of

Geotextiles ASTM D4491 Standard Test Methods for Water Permeability of Geotextiles by

Permittivity ASTM D4751 Standard Test Methods for Determining Apparent Opening Size of a

Geotextile ASTM D5034 Standard Test Method for Breaking Strength and Elongation of Textile

Fabrics (Grab Test) ASTM D5035 Standard Test Method for Breaking Force and Elongation of Textile

Fabrics (Strip Method) MDOT Specification 714.13 Geotextiles MDOT Specification 714.14 Geotextiles for Moisture Barrier

1.5 SYSTEM REQUIREMENTS 1.5.1 Design Requirements 1.5.1.1 All property values, with the exception of apparent opening size (AOS) represent minimum average roll

values (MARV) in the weakest principle direction. Values for AOS represent maximum roll values. 1.6 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification:

DRAFT


SD01 Quality Control: The Contractor shall provide the engineer a certificate stating the name of the manufacturer, product name and style, chemical composition of the yarns and any other pertinent information to fully describe the geotextile fabric. The Manufacturer’s certificate shall state that the furnished geotextile fabric meets MARV requirements of the specifications.

1.7 DELIVERY, STORAGE AND HANDLING 1.7.1 Storage and Protection 1.7.1.1 Geotextile fabrics shall be stored above -20º F and be protected from prolonged periods of direct exposure

to sunlight. The contractor shall prevent excessive mud, wet cement, epoxy or similar material that may affix themselves to the gridwork from coming in contact with the Geotextile fabric.

1.8 WARRANTY 1.8.1 Geotextile fabric shall be guaranteed for a period of one year from the date of final acceptance. 2.0 PRODUCTS 2.1 MANUFACTURERS 2.1.1 Allowable products are: TenCate FW 700 or approved equal. 2.2 MATERIALS 2.2.1 Geotextile Silt Fence Fabric: The geotextile fabric supplied shall be Type I or Type II geotextile having the

following minimum average roll values (MARV) in the weakest physical direction:

Item Type I Type II ASTM Test Method

Grab Strength, lb. 50 90 ASTM D 4632

Elongation, % -- 50% max @ 45 lbs. ASTM D 4632

Permittivity, sec-1 0.05 0.05 ASTM D 4491 AOS Woven, mm 0.15-0.84 0.15-0.84 ASTM D 4751 AOS Non-woven <0.84 <0.84 ASTM D 4751 Tensile Strength after UV, % retained 70% @ 500 hr. 70% @ 500 hr. ASTM D 4355

2.2.2 Geotextile _____ Drain, Parking Area, and Pipe Wrap:

Geotextile Separation Fabric: The Geotextile fabric supplied shall be a nonwoven, AASHTO M 288 Class 2 having the following minimum average roll values (MARV) in the weakest principle direction:

AASHTO M 288 Class 2 Requirements

Item Elongation<50% Elongation>50% ASTM Test Method

Grab Strength 1100 700 D 4632

Sewn Seam Strength 630 990 D 4632

Tear Strength 400 250 D 4533

Puncture Strength 400 250 D 4833

Burst Strength 2700 1300 D 3786

DRAFT


Additional requirements:

Item ASTM Test Method

AOS 0.60 mm (max. avg. roll value)

D 4751

Permittivity 0.02 sec-1

D 4491

Ultraviolet Stability Retained strength after 500 hrs. exposure 50%

D 4355

3.0 EXECUTION 3.1 PREPARATION 3.1.1 Surface Preparation 3.1.1.1 The surface on which the geotextile fabric is to be placed shall be cleared and grubbed as per Section 02110

– Clearing, Grubbing and Stripping. The surface shall be reasonably smooth and free of loose rock and clods, holes, depressions, projections, trees, stumps, vegetation and flowing water.

3.2 INSTALLATION 3.2.1 Separation 3.2.1.1 Seams shall be in accordance with the Construction / Installation Guideline Appendix to the AASHTO M

288-96 Specification. 3.2.1.2 The geotextile fabric shall be laid out smooth without wrinkles or folds on the prepared subgrade in the

direction of the construction traffic. Adjacent geotextile fabric rolls shall be overlapped a minimum of 2 feet; ends of rolls shall be overlapped 3 feet. On curves, the fabric may be folded or cut to conform to the curves. The fold or overlap shall be in the direction of construction and shall be held in place by staples, pins, or aggregate piles. Damaged areas shall be repaired by overlaying the area with sufficient material to overlap on all edges by at least two feet.

3.2.1.3 The aggregate base material shall be placed by end dumping onto the geotextile fabric from the edge or

over previously placed base aggregate. Construction equipment will not be allowed directly on the geotextile fabric. A minimum of 4” of aggregate must be placed on the geotextile fabric prior to the movement of construction equipment and turning movements must be carefully monitored. Any ruts occurring during construction shall be filled with additional gravel aggregate and compacted to the specified density. If placement of the backfill causes damage to the geotextile fabric, the damaged area shall be repaired as described in Section 5.2.A.

3.2.1.4 Silt Fence: The geotextile fabric shall be installed in accordance with Section 01571 – Temporary Silt

Fence of the specifications. 3.2.1.5 Reinforced Concrete Pipe Joint Wrap: The geotextile fabric shall be installed in accordance with Section

02720 – Storm Sewer Systems and Culverts of the specifications.


DRAFT

COMPTON ENGINEERING, INC. IMPORTED MATERIALS FOR FOUNDATION, BEDDING AND BACKFILL 218-049.006 02290-1

SECTION 02290 IMPORTED MATERIALS FOR FOUNDATION,

BEDDING AND BACKFILL 1.0 GENERAL 1.1 The Work in this Section shall include furnishing all materials, equipment, and labor necessary for the

installation of foundation, bedding and backfill material required for pipelines, and other pipeline appurtenances and road base where the existing native material has been determined unsuitable for use.


Division 01 General Requirements Section 02200 Earthwork Section 02222 Excavating (Site) Section 02224 Excavation, Backfill & Compaction for Underground Piping


Payment for Work in this Section shall be included in the unit price/lump sum price as outlined in the Bid. Bid price shall include all cost of labor, materials, and incidentals complete.

1.4 DEFINITIONS 1.4.1 Unsuitable Material: Any material containing cinders, ashes, refuse, vegetable or organic material, boulders,

rocks or stones, frozen soils or other material that is determined to be unsuitable. Moisture shall not be a material that determines unsuitability.

1.5 SYSTEM REQUIREMENTS 1.5.1 Performance Requirements 1.5.1.1 If, in the opinion of the Engineer, the existing native material is unsuitable for use, the Contractor shall

promptly replace the material with materials contained in this section. 1.5.1.2 Where granular fill is called for, but excavations are determined to be unsuitable, the Contractor shall utilize

commercial sand conforming with Section 2 below unless directed otherwise. 1.5.1.3 Placement of this material shall conform to the requirements shown on the drawings. 1.6 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Quality Control: a. Certification: Prior to delivery of materials to the site, the Contractor shall submit certificates of

compliance of such materials with these specifications. 2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Commercial Sand (Com. Sand)

DRAFT

COMPTON ENGINEERING, INC. IMPORTED MATERIALS FOR FOUNDATION, BEDDING AND BACKFILL 218-049.006 02290-2

2.1.1.1 Sand shall be clean granular material and may contain natural or artificial mixtures free of organic matter and shall be graded as follows:

Percent by Weight Sieve Designation Passing Square Mesh Sieve No. 10 100 No. 40 80 - 100 No. 60 30 - 100 No. 100 10 - 25 No. 200 2 - 8 2.1.2 Sand Clay 2.1.2.1 Sand clay shall consist of natural or artificial mixtures of clay or soil binder and gravel, sand or other

aggregates. The material shall be free from organic matter and shall be graded as follows:

Percent by Weight Sieve Designation Passing Square Mesh Sieve 1 Inch 100 No. 10 65 - 100 Soil mortar shall be that portion passing the No. 10 sieve, shall be a liquid limit of less than 25 and a plastic

index of less than 10, and shall be graded as follows: Percent by Weight Sieve Designation Passing Square Mesh Sieve No. 10 100 No. 20 55 - 90 No. 40 35 - 70 No. 200 8 – 25 2.1.3 Limestone or Rock: 2.1.3.1 Foundation Stabilization: Limestone or rock 1" maximum size and shall be well graded. The foreign matter

content of the processed material, as determined by washing, shall not exceed three (3) percent of the dry weight of the material.

3.0 EXECUTION 3.1 APPLICATION 3.1 Removal of Unsuitable Material: All material determined unsuitable shall be removed from the construction

site. Disposal shall be in accordance with Section 02200 of these specifications. 3.2 Certification: Prior to delivery of materials to the site, the Contractor shall submit certificates of compliance of

such materials with these specifications. 3.3 Unsuitable Material: Any material containing cinders, ashes, refuse, vegetable or organic material, boulders,

rocks or stones, frozen soils or other material that is determined to be unsuitable. Moisture shall not be a material that determines unsuitability.


DRAFT

COMPTON ENGINEERING, INC. ROAD, DRIVEWAY, AND SIDEWALK 218-049.006 02577-1

SECTION 02577 ROAD, DRIVEWAY, AND SIDEWALK

1.0 SCOPE 1.1 Work Included: This section covers the work necessary for repairing asphalt pavement, concrete and incidental

work, complete. The requirements in these specifications also apply to the street overlays. 1.2 General: 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 Standard Specifications: Where the term "Standard Specifications" is used, such reference shall mean the

current edition of the MDOT’s “Mississippi Standard Specifications for Road and Bridge Construction”, excluding section S-401.03.1.4. Where reference is made to a specific part of the Standard Specifications, such applicable part shall be considered as part of this section of the specifications. In case of a conflict in the requirements of the standard specifications and the requirements stated herein, the requirements herein shall prevail.

1.4 Submittals: 1.4.1 Certificates: 1.4.1.1 Prior to delivery of material, the Contractor shall submit certificates of compliance that such materials meet the

requirements of these specifications. 1.4.1.2 The Contractor shall include a plant mix design for review by the Engineer. 1.4.1.3 All cost for submittals shall be included in the price(s) quoted for this work. 2.0 MATERIALS 2.1 Asphalt: The asphalt shall be hot plant mix consisting of binder and surface course composed of crushed stone,

crushed iron, blast furnace slag coarse aggregate, fine aggregate mineral filler and bitumen meeting the requirements of the Standard Specifications.

2.1.1 Base Course: Base course shall be a 19mm hot mix asphalt mixture as defined in Section S-401 of the Standard

Specifications. 2.1.2 Binder Course: Base course shall be a 12.5mm asphalt mixture as defined in Section S-401 of the Standard

Specifications. 2.1.3 Surface Course: Surface course shall be a 9.5mm asphalt mixture as defined in Section S-401 of the Standard

Specifications. 2.1.4 Tack Coat: Tack Coat shall be AC-10 or PG58-28 as defined in Section S-702 of the Standard Specifications. 2.2 Concrete: All material shall conform to Section 02770 of these specifications. 2.3 Reinforcement: Reinforcement shall be 6” x 6” – W2.9 x W2.9 welded wire mesh conforming to Section

02770 of these specifications. 3.0 WORKMANSHIP 3.1 Excavation and Backfill: Excavation and backfill are specified in Section 02200. 3.2 Asphalt: 3.2.1 Preparation of Subgrade: Bring subgrade to proper grade and cross section shown by means of a blade grader

or other suitable equipment. Compact the subgrade with a bulldozer, roller, loaded truck, or other suitable

DRAFT


equipment moving uniformly over the surface. As the compaction of the subgrade proceeds, dig out all soft or spongy areas and fill the resulting holes with suitable material satisfactory to the Engineer. Dispose of excess materials resulting from grading. Do not permit heavy machinery to operate adjacent to structures where such operations may cause damage. The finished subgrade shall provide a satisfactory base for the road and be acceptable to the Engineer.

3.2.2 Joints: The edges of the existing asphalt surface shall be saw cut straight prior to installation of base. The cuts

shall allow the roller access to all base installed. 3.2.3 Base Course: Asphalt base bituminous mixtures shall be placed as outlined below under asphalt surface repairs

and will be accomplished as soon as practical to preserve the adjoining pavement surfaces and to serve as a waterproofing agent. A minimum of four (4) inches of asphalt base will be required.

3.2.4 Special Requirements: Asphalt base shall be installed within 14 days following the pipe installation unless

otherwise approved, in writing, by the Engineer. 3.2.5 Asphalt Surface: 3.2.5.1 Bituminous mixtures shall be placed at ambient temperature of 40 degrees F and rising. A mechanical paver

equipped with mechanical tamping bars will be used to apply the surface material. The placing shall begin along the centerline of areas to be paved on a crowned section and on the high side of a section with a one way slope and shall be in the direction of major flow of traffic. The asphalt material shall be spread and compacted one coarse at a time. The final pavement shall be of the thickness indicated and shall match the exiting pavement lines and graded.

3.2.5.2 The joints between old and new pavements or between successive days work shall be carefully made in such

manner as to ensure a continuous bond between old and new sections of each course. Edges of existing pavement joints shall be exposed and cleaned and the edges saw cut to straight, vertical surfaces. Cold joints shall be painted with a thin uniform coat of petroleum asphalt cement (tack coat), grade AC-10, just before the fresh mixture is placed.

3.2.5.3 After final rolling, no vehicular traffic of any kind shall be permitted on the pavement until it has cooled and

hardened. 3.2.5.4 The Contractor shall remove samples, as required for the determination of thickness and density of the

completed pavements. All tests necessary to determine conformance with the requirements specified herein shall be performed at the expense of the Contractor. Samples of the plant mixture shall be taken and tested to determine conformance to the specified pavement test properties, bitumen content, stability, gradation requirements, and maximum density for comparison to the asphalt cores. The Contractor shall replace the pavement at his expense where samples are removed. No payment will be made for areas of pavement deficient in composition, density, or thickness until they are removed and replaced by the Contractor as directed by the Engineer.

3.2.5.5 The Engineer shall have access at all times to all parts of the paving plant for checking the adequacy of the

equipment in use, inspecting the operation of the plant, verifying weights, proportions, and character of materials, and checking temperatures being maintained in the preparation of the mixtures.

3.3 Concrete: 3.3.1 Excavation and Removal of Temporary Surface: Any temporary surface material or Class A backfill placed

prior to this construction shall be removed to the lines and grades required and either hauled from the site or used in areas requiring temporary surfacing.

3.3.2 Concrete: 3.3.2.1 All boulders, organic material, soft clay, spongy material, and any other objectionable material shall be

removed and replaced with approved material. The subgrade shall be properly shaped, rolled and uniformly compacted to conform to the accepted cross sections and grade followed by the placement of a sand shell or the soil cement base. The cut or scored edge of the existing pavement shall be thoroughly cleaned of all loose and unsuitable material and plastered with a neat grout or approved epoxy bonding agent before each poured repair section is placed. All existing reinforcement shall be elevated and aligned to match the new reinforcement.

DRAFT


3.3.2.2 Forms, if required, shall be of metal and shall have a minimum length of ten (10) feet except that on sharp

curves wood forms may be used. All forms shall be free from bends and warps and shall be set so that they rest firmly throughout their entire length of the subgrade and shall be joined neatly and tightly together. Forms shall not vary more than one eight (1/8) inch from line and grade braced in such a manner that they will remain true to line and grade under the pressure of the concrete and the impact of the finishing machine screed. All forms shall be oiled before placing concrete.

3.3.2.3 Concrete shall be placed on a moist subgrade followed by placement of the reinforcement. Concrete mixed to

the proper consistency shall be deposited on the prepared subgrade rapidly in successive batches by means of a discharging device and in a manner which will not cause separation in the mix and shall be distributed to the required depth and width of the pavement section by shoveling or other approved methods. Reinforcement shall be placed prior to the pour on chairs or other approved objects and will be maintained at that location throughout the concrete placement

3.3.2.4 Rakes shall not be used in handling concrete. Concrete adjacent to joints shall be deposited on the subgrade as

near to the joints as possible without touching them. It shall then be shoveled against both sides of the joint simultaneously maintained equal leveled and immediately struck off level with the existing surface by means of an approved transverse mechanical finishing machine or by approved hand methods by using a steel screed which shall be sufficiently rigid to retain its shape and shall be at least two (2) feet longer than the maximum width of slab to be struck off. The template shall be shaped to the desired cross section and have sufficient strength to retain its shape under all working conditions. The template shall be moved forward with a combined longitudinal and crosswise motion. If necessary, the template shall be used a second time or until a true surface is obtained. All concrete adjacent to forms or other surfaces shall be thoroughly spaded so as to bring sufficient mortar to the face of the surfaces to eliminate honey combing. After the concrete has been screeded it shall be finished as follows:

3.3.2.5 The concrete shall be floated with a wooden transverse float and the float shall be moved forward with a

combined longitudinal and crosswise motion. The float shall be used until all free water has been removed and the surface presents a smooth appearance. After floating with the transverse wooden float, the concrete shall then be finished with a sixteen (16) foot longitudinal float or by an approved mechanical longitudinal float. The desired finish may be put on the concrete by means on a hand belt, burlap or other approved methods. The outer edge of the concrete shall be tested with a sixteen (16) foot straight edge, laid parallel to the edge of the pavement so as to bridge any depression. Any irregularities exceeding one eighth (1/8) of an inch shall be corrected.

3.3.2.6 Three quarter inch wide transverse expansion and contraction joints shall be placed at intervals to match the

existing pavement. Transverse joints shall be sealed by pouring an approved quality of hot tar, hot asphalt, or other approved seals into and over the joints when they are dry.

3.3.2.7 Immediately after finishing operations have been completed the entire surface of the newly laid concrete shall

be covered and cured by the application of an approved curing compound. 3.3.2.8 The Contractor will install and maintain sufficient traffic markers and barricades until the road surface is

opened. 3.3.2.9 After the concrete has set and attained sufficient strength the forms shall be pulled. All honey combs exposed

by pulling the forms shall be patched with a cement mortar. Joints must extend through the curbs and will be continuous across the pavement.

3.3.2.10 No concrete shall be poured on a frozen or thawing subgrade or during unfavorable weather conditions, or

when the temperature is expected to be less than 10 degrees F within four days after placement. 3.4 Curb, Curb and Gutter, and Sidewalks 3.4.1 Sidewalks: Sidewalks shall be minimum of 4 inch thickness. Install 6” x 6” – W2.9 x W2.9 welded wire fabric

in all sidewalks. Install expansion joints per contract drawings or on centers 5 times the width of the sidewalk up to 10’ width.

3.4.2 Expansion and Control Joints: Per Section 03251.

DRAFT


4.0 MEASUREMENT AND PAYMENT 4.1 Payment for work in this section shall be included in the unit price / lump sum price as outlined in the Bid.

Bid price shall include all cost of labor, materials and incidentals complete.

DRAFT

COMPTON ENGINEERING, INC. PAVEMENT MARKINGS 218-049.006 02580-1

SECTION 02580 PAVEMENT MARKINGS 1.0 GENERAL 1.1 Summary 1.1.1 Scope of Specification

This specification prescribes the requirements for the marking of pavement as shown on the drawings. 1.1.2 Related Specification

Work in this specification shall be coordinated with Specification 01000: General Requirements. 1.2 References

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications.

1.2.1 Applicable Codes 1.2.1.1 AASHTO (American Association of State Highway and Transportation) 1.2.1.1.1 AASHTO M-248: Ready-Mixed White and Yellow Traffic Paints 1.3 Quality Assurance

Use workmen trained and experienced in applying the products and operating the equipment required for properly performing Work.

2.0 PRODUCTS 2.1 Materials

Traffic paint shall be an alkyd resin type of ready-mixed paint suitable for use on bituminous or Portland cement concrete pavement conforming to the requirements of AASHTD M-248 Type S. The paint color shall be white. Striping for handicap shall be blue.

3.0 EXECUTION 3.1 Examination

Examine the work areas and correct conditions detrimental to timely and proper completion of the work. Do not proceed until unsatisfactory conditions are corrected.

3.2 Surface Preparation 3.2.1 Prepare the surfaces to receive paint as recommended by the paint manufacturer and as described herein. 3.2.2 New pavement surfaces shall be allowed to cure for a period of no fewer than 30 days before application of

marking materials. All surfaces to be marked shall be thoroughly cleaned before application of the paint. Dust, dirt, and other granular surface deposits shall be removed by sweeping, blowing with compressed air, rinsing with water, or a combination of these methods as required.

DRAFT

COMPTON ENGINEERING, INC. PAVEMENT MARKINGS 218-049.006 02580-2

3.3 Application

Apply the paint in strict accordance with the manufacturer's recommendations, using proper masking, stencils, and application equipment recommended for the purpose by the manufacturer of the paint. When dry, the paint shall be smooth, uniform, and free from roughness, grit, and other surface imperfections.

3.4 Inspection and Clean Up 3.4.1 After the paint has thoroughly dried, visually inspect the entire application and touch up as required to provide

clean, straight lines and surfaces throughout. 3.4.2 Waste materials shall be removed at the end of each work day. Upon completion of the work, all containers

and debris shall be removed from the site. Paint spots upon adjacent surfaces shall be carefully removed by approved procedures that will not damage the surfaces and the entire job left clean and acceptable.

3.5 Protection and Traffic Controls

Provide traffic cones, barricades, and other devices as needed to control traffic and protect the paint until it is sufficiently dry to withstand traffic. When public/private roadways are adjacent to roadways to be striped, suitable warnings signs shall be placed near the beginning and well ahead of the worksite for alerting traffic approaching from both directions. Painting equipment shall be marked with large warning signs indicating that slow-moving painting equipment is in operation.

4.0 PAYMENT

Payment for work in this section shall be included in the lump sum bid price for Striping Basketball Court.

DRAFT

COMPTON ENGINEERING, INC. AGGREGATE PAVEMENT BASE 218-049.006 02711-1

SECTION 02711 AGGREGATE PAVEMENT BASE

1.0 GENERAL 1.1 The Work in this Section shall include all materials, equipment, and labor necessary for the construction of a

graded aggregate pavement base to the lines, grades, thicknesses, and cross sections shown on the Drawings. 1.2 RELATED SECTIONS

Division 01 General Requirements Section 02200 Earthwork



1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the Drawings, Work included in this specification shall conform to the applicable provisions of these publications.

AASHTO T11 Standard Method of Test for Materials Finer Than 75-μm (No. 200) Sieve in Mineral

Aggregates by Washing AASHTO T19 Standard Method of Test for Bulk Density (“Unit Weight”) and Voids in Aggregate AASHTO T90 Standard Method of Test for Determining the Plastic Limit and Plasticity Index of Soils ASTM C 117 Standard Test Method for Materials Finer than Number 200 Sieve in Mineral Aggregates by

Washing ASTM C 131 Standard Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by

Abrasion and Impact in the Los Angeles Machine ASTM C 136 Standard Method for Sieve Analysis of Fine and Coarse Aggregates ASTM D 698 Test Methods for Moisture-Density Relations of Soil and Soil-Aggregate Mixtures using 5.5-

pound Rammer and 12-inch Drop ASTM D 1557 Test Methods for Moisture-Density Relations of Soil and Soil-Aggregate Mixtures using 10-

pound Rammer and 18-inch Drop ASTM D 1883 Standard Test Method for CBR (California Bearing Ratio) of Laboratory Compacted Soils ASTM D 4318 Standard Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM E 329 Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as used in

Construction State of Mississippi, Department of Transportation Standard Specifications for Road and Bridge Construction Referred to Herein as "Standard Specifications".

1.5 Submittals

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Product Data: Before delivery of materials, submit for approval certified laboratory test data for the aggregates to be used in the work. a. Gradation (ASTM C 136 and C 117) b. Bearing ratio (ASTM D 1883) c. Atterberg limits (ASTM D 4318)

DRAFT


d. Percent of wear (ASTM C 131)

SD-02 Quality Control: Submit results of the tests required during the performance of the work. 1.6 QUALITY ASSURANCE 1.6.1 An inspection and testing agency shall be retained by the owner to perform field and laboratory testing and soil

evaluations to verify compliance of the work with the requirements of this specification, and to ensure the achievement of the intents and purposes of work. The performance or lack of performance of such tests and inspections shall not be construed as granting relief from the requirements of these specifications or the other contract documents.

2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Aggregate for Crushed Stone Courses 2.1.1.1 Coarse Aggregate

Coarse aggregate, defined as material retained on No. 8 sieve, shall be either crushed stone, slag, granite, shell; gravel, or combination thereof. When the required properties of the mix are not obtained with uncrushed gravel, the addition of crushed gravel or other approved material is required. Individual sources of coarse aggregate shall conform to the following quality requirements: Percentage of wear shall not exceed 45 when tested in accordance with ASTM C 131. The coarse aggregate shall have a minimum dry rodded unit weight of 70 pounds per cubic foot when tested in accordance with AASHTO Designation: T 19.

2.1.1.2 Fine Aggregate

Fine aggregate, defined as material passing no. 8 sieve, shall consist of hard, durable particles of naturally disintegrated rock, or material obtained by crushing stone, slag, gravel or combination thereof. Fine aggregate, when manufactured, shall be manufactured from material meeting the quality requirements for coarse aggregate, and it shall be free of lumps of clay and friable particles, loam, organic or foreign matter. Individual sources of fine aggregate shall be non-plastic when tested in accordance with AASHTO Designation: T 90. Natural deposits of fine aggregate shall contain no more than 10 percent by weight passing the No. 200 sieve when tested in accordance with AASHTO Designation: T 11. Fly ash, when used as a portion of the fine aggregate to obtain desired properties of the mixture, shall be from an approved source. When the fine aggregate is combined with other aggregate fractions in the proper proportion, the resultant mixture shall meet the requirements of 2.1.2 below.

2.1.1.3 Materials for aggregate pavement base shall be size 610 per MDOT Guidelines and shall have the following

gradation:

Sieve Size Percent Passing By Weight 1 ½ Inch 100 1 Inch 90 – 100 ¾ Inch 70 – 100 ½ Inch 62 – 90 3/8 Inch 50 – 80 No. 4 40 – 65 No. 40 12 – 26 No. 200 5 – 12

DRAFT


3.0 EXECUTION 3.1 PREPARATION 3.1.1 Before placing the graded aggregate base course, clean the underlying subgrade of all foreign substances.

Inspect the subbase to determine if it has been seen properly prepared in accordance with specification 02200. 3.1.2 Proof-roll the prepared subbase area to check for unstable areas. Repair defects found in the subbase before

placing the geotextile fabric stabilization. 3.2 INSTALLATION 3.2.1 Geotextile Fabric Stabilization 3.2.1.1 Install geotextile fabric for stabilization of the subbase as shown on the drawings and in conformance with

manufacturer’s written instructions. 3.2.2 Aggregate Base 3.2.2.1 Do not construct graded aggregate base course when atmospheric temperature is below 40 degrees F, or when

other weather conditions will detrimentally affect the quality of the aggregate base course. 3.2.2.5 Place and spread the aggregate mixture in layers of uniform thickness. When a compacted layer 6 inches or

less in thickness is required, place material in a single layer. When a compacted layer in excess of 6 inches is required, place material in layers of equal thickness. Do not exceed 6 inches or have less than 3 inches in thickness for any compacted layer. Place layers so that when compacted, they will be true to grades required with the least possible surface disturbance. Where the base course is constructed in more than 1 layer, lightly scarify the surface of each previously placed and compacted layer to a depth of 1 to 2 inches immediately before the placement and spreading of materials for the subsequent course. Maintain water content of the material during the placing period as required to obtain the compaction specified. Make adjustments, as required, in placing procedures or equipment to obtain true grades, to minimize segregation and degradation, to reduce or increase water content, and to ensure a satisfactory base course.

3.2.3 Compaction and Finishing 3.2.3.1 Compact each layer of base course to a dry density of not less than 95 percent of maximum dry density

determined by ASTM D 1557. 3.2.3.2 Roll the material with a self-propelled, three-wheel roller weighing no less than 10-tons. Vibratory rolling will

only be allowed as approved by Engineer. Begin the rolling at the edges of the layers. On the final layer, the outside wheel of the roller shall cover equal parts of the material and the shoulder. The roller shall run forward and backward along the edge until the shoulder and coarse material are bound together firmly. When the sides have been rolled, the rolling shall progress gradually toward the center, parallel with the centerline of the roadway, uniformly lapping each preceding track at least 18 inches and covering thoroughly the entire surface with the rear wheel. Continue rolling until the required density is achieved and the entire surface is well keyed and does not creep or wave ahead of the roller.

3.2.3.3 Compact inaccessible areas with smaller mechanical equipment or hand tampers. If the mixture is excessively

moistened by rain, aerate it by means of blade graders, or other approved equipment, until the moisture content of the mixture is satisfactory. Finish the surface of the layer by blading or rolling with a smooth roller or a combination thereof. The completed surface shall be firm, even, and true to line and grade.

3.3 FIELD QUALITY CONTROL 3.3.1 Tests 3.3.1.1 Smoothness Test: The surface of the completed aggregate base shall not deviate more than 1/2 of an inch from

the specified cross section at any point and 3/8 of an inch in 10 feet from the specified longitudinal grade at any

DRAFT


location. Correct deviations by loosening, adding, or removing material; reshaping; watering; and compacting. The smoothness requirements specified above apply only to the top layer.

3.3.1.2 Thickness Test: The average thickness of the base course, determined by computing the average of the depth

measurement, shall not underrun the specified thickness by more than 1/4 inch. Measure the thickness of the base course at intervals such that there will be a depth measurement for at least each 500 square yards of complete base course. Take depth measurements by making test holes, at least 3 inches in diameter, through the base course. Where base course deficiency is more than 1/2 of an inch, correct by scarifying, adding mixture of proper gradation, re-blading, and re-compacting. Where the measured thickness is more than 1/2 of an inch thicker than specified, consider it as the specified thickness plus 1/2 of an inch for determining the average.

3.4 ADJUSTING 3.4.1 When correcting deficiencies for smoothness and thickness, remove material in a manner that does not disturb

or mix material from the underlying course into the layer. Feather edges of the new material so that the joint between new and original material is invisible.

3.5 CLEANING 3.5.1 Remove all debris, rubbish, and excess material from the jobsite. 3.6 PROTECTION 3.6.1 After construction has been completed, protect and maintain the base throughout until final acceptance.

Maintenance shall include drainage, rolling, shaping, and watering as necessary to maintain the course in proper condition. Areas of aggregate base course damaged by freezing, rainfall, or other weather conditions shall be corrected to meet the specified requirements.

3.7 TESTING 3.7.1 The Contractor shall retain an independent inspection and testing agency to perform field and laboratory

testing, and evaluations to verify compliance of Work with requirements of specifications. Testing shall occur at a minimum of one test per lift per 2,500 square feet of surface area within structure areas, and a minimum of two (2) tests per lift per 5,000 square feet of surface area within pavement areas.


DRAFT

COMPTON ENGINEERING, INC. STORM SEWER SYSTEMS AND CULVERTS 218-049.006 02720-1

SECTION 02720 STORM SEWER SYSTEMS AND CULVERTS

1.0 GENERAL 1.1 The work in this section includes providing all labor, materials, tools, and equipment necessary for the

installation of storm sewer systems and culverts with the necessary fittings, manholes, inlets, catch basins, headwalls, paved ditches and appurtenances as shown on the drawings and specified herein.


Division 01 General Requirements Section 02222 Excavating Section 02223 Backfilling Section 02225 Trenching Section 02770 Civil Cast-in-Place Concrete Coordinate Work prescribed by this specification with Work prescribed by the above listed specifications.



1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications. ASTM (American Society for Testing and Materials) ASTM A185 Standard Specification for Steel Welded Wire Fabric, Plain, for Concrete Reinforcement ASTM A536 Standard Specification for Ductile Iron Castings ASTM A615 Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement ASTM A746 Standard Specification for Ductile Iron Gravity Sewer Pipe ASTM C76 Standard Specification for Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe ASTM C150 Standard Specification for Portland Cement ASTM C478 Standard Specification for Precast Reinforced Concrete Manhole Sections ASTM D3034 Standard Specification for Type PSM Polyvinyl Chloride (PVC) Sewer Pipe and Fittings ASTM D3212 Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible

Elastomeric Seals ASTM F477 Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe AASHTO M 252 Standard Specification for Corrugated Polyethylene Pipe, 75mm to 250mm Diameter (3"-

10") AASHTO M 294 Standard Specification for Corrugated Polyethylene Pipe, 300mm to 1200mm Diameter

(12"-60") AASHTO M 306 Standard Specification for Drainage, Sewer, Utility, and Related Castings AASHTO Sect. 30 Construction Standard, Thermoplastic Pipe ASTM D 2321 Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and

Other Gravity Flow Applications ASTM D 3212 Standard Specification for Joints for Drain and Sewer Plastic Pipe Using Flexible

Elastomeric Joints ASTM F 1417 Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using

Low-pressure Air ASTM F 477 Elastomeric Seals (Gaskets) for Joining Plastic Pipe ASTM F 667 Standard Specification for Large Diameter Corrugated Polyethylene Pipe and Fittings CAN/CSA B182.8 Storm Sewer and Drainage Pipe and Fittings Polyethylene

DRAFT


OSHA (Occupational Safety and Health Administration): Work included in the scope of this specification shall comply with the applicable provisions of the Occupational Safety and Health Administration and any amendments thereto.

1.5 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals During Construction”, in sufficient detail to show full compliance with the specification: SD-01 Quality Control: Manufacturer's certifications shall be submitted to the Engineer for pipe, joint materials, and accessories, showing compliance with this specification prior to installation.

2.0 PRODUCTS

The prescribed sizes of pipes are nominal inside diameters. Pipes shall be of the size and length shown on the drawings. Materials called for on the drawings shall conform to the specifications stated below.

2.1 MATERIALS 2.2.1 High Density Polyethylene Pipe (HDPE) 2.2.1.1 HDPE Pipe shall be ADS N-12 ST IB Pipe or equal and conform to the requirements of AASHTO M294 and

ASTM F2306. 2.2.1.2 Pipe shall be joined using a bell and spigot joint meeting ASTM F2648. The joint shall be soil-tight and gaskets

for diameters 12- through 60-inch, shall meet the requirements of ASTM F477. For diameters 4- through 10-inch, the joint shall be soil-tight using an engaging dimple connection. Gaskets shall be installed by the pipe manufacturer and covered with a removable, protective wrap to ensure the gasket is free from debris. A joint lubricant available from the manufacturer shall be used on the gasket and bell during assembly.

2.2.1.3 Fittings shall conform to ASTM F2306. Bell and spigot connections shall utilize a welded bell and valley or

saddle gasket meeting the soil-tight joint performance requirements of ASTM F2306. 2.2.1.4 Material for pipe production shall be an engineered compound of virgin and recycled high density polyethylene

conforming with the minimum requirements of cell classification 424420C (ESCR Test Condition B) for 4- through 10-inch diameters, and 435420C (ESCR Test Condition B) for 12- through 60-inch diameters, as defined and described in the latest version of ASTM D3350, except that carbon black content should not exceed 4%. The design engineer shall verify compatibility with overall system including structural, hydraulic, material, and installation requirements for a given application.

2.2.1.5 Installation shall be in accordance with ASTM D2321 and ADS recommended installation guidelines, with the

exception that minimum cover in trafficked areas for 4- through 48-inch diameters shall be one foot. And for 60-inch diameter the minimum cover shall be 2 ft. in single run applications. Backfill for minimum cover situations shall consist of Class 1 (compacted) or Class 2 (minimum 90% SPD) material. Maximum fill heights depend on embedment material and compaction level.

2.2.2 Single Wall Heavy Duty Pipe Specification 2.2.2.1 Perforated Pipe shall be ADS single wall high density corrugated polyethylene heavy duty pipe shall have

annular interior and exterior corrugations. 3- through 24-inch pipe shall meet ASTM F667. 2.2.2.2 Joints for 3- to 24-inch shall be made with split or snap couplings. Standard connections shall meet the

requirements of the ASTM F667. Gasketed connections shall incorporate a closed-cell synthetic expanded rubber gasket meeting the requirements of ASTM D1056 Grade 2A2. Gaskets, when applicable, shall be installed by the pipe manufacturer.

2.2.2.3 Fittings shall conform to ASTM F667. 2.2.2.4 Pipe and fitting material shall be high density polyethylene conforming with the minimum requirements of cell

classification 323410C or 333410C as defined and described in the latest version of ASTM D3350.

DRAFT


2.2.2.5 Installation shall be in accordance with ASTM D2321 and ADS recommended installation guidelines, with the exception that minimum cover in trafficked areas for 3- through 24-inch diameters shall be one foot. Maximum fill heights depend on embedment material and compaction level.

2.2.3 Engineered Surface Drainage Products 2.2.3.1 PVC surface drainage inlets shall include the drain basin type as indicated on the contract drawing and

referenced within the contract specifications. The ductile iron grates for each of these fittings are to be considered an integral part of the surface drainage inlet and shall be furnished by the same manufacturer. The surface drainage inlets shall be as manufactured by Nyloplast a division of Advanced Drainage Systems, Inc., or prior approved equal.

2.2.3.2 The drain basins required for this contract shall be manufactured from PVC pipe stock, utilizing a

thermoforming process to reform the pipe stock to the specified configuration. The drainage pipe connection stubs shall be manufactured from PV pipe stock and formed to provide a watertight connection with the specified pipe system. This joint tightness shall conform to ASTM D3212 for joints for drain and sewer plastic pipe using flexible elastomeric seals. The flexible elastomeric seals shall conform to ASTM F477. The pipe bell spigot shall be joined to the main body of the drain basin or catch basin. The raw material used to manufacture the pipe stock that is used to manufacture the main body and pipe stubs of the surface drainage inlets shall conform to ASTM D1784 cell class 12454.

2.2.3.3 The grates and frames furnished for all surface drainage inlets shall be ductile iron for structure sizes 8”, 10”,

15”, 18”, 24”, 30”, and 36” and shall be made specifically for each basin so as to provide a round bottom flange that closely matches the diameter of the surface drainage inlet. Grates for drain basins shall be capable of supporting various wheel loads as specified by Nyloplast. 12” and 15” square grates will be hinged to the frame using pins. Ductile iron in the manufacture of the castings shall conform to ASTM A536 grade 70-50-05. Grates and covers shall be provided painted black.

2.2.3.4 The specified PVC surface drainage inlet shall be installed using conventional flexible pipe backfill materials

and procedures. The backfill material shall be crushed stone or other granular material meeting the requirements of class 1, class 2, or class 3 material as defined in ASTM D2321. Bedding and backfill for surface drainage inlets shall be well placed and compacted uniformly in accordance with ASTM D2321. The drain basin body will be cut at the time of the final grade. No brick stone or concrete block will be required to set the grate to the final grade height. For load rated installations, a concrete slab shall be poured under and around the grate and frame. The concrete slab must be designed taking into consideration local soil conditions, traffic lading, and other applicable design factors. For other installation considerations such as migration of fines, ground water, and soft foundations refer to ASTM D2321 guidelines.

2.2.4 Engineered Surface Drainage Products 2.2.4.1 PVC surface drainage inlets shall be of the inline drain type as indicated on the contract drawingand referenced

within the contract specifications. The ductile iron grates for each of these fittings are to be considered an integral part of the surface drainage inlet and shall be furnished by the same manufacturer. The surface drainage inlets shall be as manufactured by Nyloplast a division of Advanced Drainage Systems, Inc., or prior approved equal.

2.2.4.2 The inline drain required for this contract shall be manufactured from PVC pipe stock, utilizing a thermo-

molding process to reform the pipe stock to the furnished configuration. The drainage pipe connection stubs shall be manufactured from PVC pipe stock and formed to provide a watertight connection with the specified pipe system. This joint tightness shall conform to ASTM D3212 for joints for drain and sewer plastic pipe using flexible elastomeric seals. The flexible elastomeric seals shall conform to ASTM F477. The pipe bell spigot shall be joined to the inline drain body by use of a swage mechanical joint. The raw material used to manufacture the pipe stock that is used to manufacture the inline drain body and pipe stubs of the surface drainage inlets shall conform to ASTM D1784 cell class 12454. The grates furnished for all surface drainage inlets shall be ductile iron grates for sizes 8”, 10”, 12”, 15”, 18”, 24”, and 30” shall be made specifically for each fitting so as to provide a round bottom flange that closely matches the diameter of the surface drainage inlet. Grates for inline drains shall be capable of supporting H-20 wheel loading for traffic areas or H-10 loading for pedestrian areas. 12” and 15” square grates will be hinged to the frame using pins. Metal used in the manufacture of the castings shall conform to ASTM A536 grade 70-50-05 for ductile iron. Grates shall be provided painted black.

DRAFT


2.2.4.3 The specified PVC surface drainage inlet shall be installed using conventional flexible pipe backfill materials and procedures. The backfill material shall be crushed stone or other granular material meeting the requirements of class 1, class 2, or class 3 material as defined in ASTM D2321. Bedding and backfill for surface drainage inlets shall be well placed and compacted uniformly in accordance with ASTM D2321. The drain basin body will be cut at the time of the final grade. No brick, stone or concrete block will be required to set the grate to the final grade height. For H-20 load rated installations, a concrete ring will be poured under and around the grate and frame. The concrete slab must be designed taking into consideration local soil conditions, traffic loading, and other applicable design factors. For other installation considerations such as migration of fines, ground water, and soft foundations refer to ASTM D2321 guidelines.

2.2.5 Cast-In-Place (CIP) Concrete

Cast-in-place concrete for drainage structures including: manholes, inlets, catch basins, collars, support blocks, headwalls, and paved ditches shall conform to the requirements of Section 02770 Civil Cast-in-Place Concrete.

2.2.6 Cement Mortar

Cement mortar used for paving inverts, filling lift holes, joints, patching and anchoring castings shall consist of one part Portland cement, Type I, ASTM C150, 1/4 part hydrated lime, ASTM C206, and 2-1/2 parts clean, sharp, well-graded sand and water free of suspended matter, alkali, and containing no industrial or domestic waste.

2.2.7 Reinforcing Steel

Reinforcing steel shall comply with Section 02770 Civil Cast-in-Place Concrete. 3.0 EXECUTION 3.1 TRENCH EXCAVATION, BEDDING, BACKFILLING, AND COMPACTION

Unless otherwise specified or indicated on the drawings, trench excavation, pipe bedding, trench backfilling and compaction shall be accomplished in accordance with Section 02221 – Trench Excavation and Backfill.

3.2 SEWERS 3.2.1 Pipe Laying 3.2.1.1 The type, class, and size of pipe used shall be as shown on the drawings. The pipe shall be laid and maintained

to the required line and grade with the necessary fittings, bends, manhole risers and other appurtenances placed at the required locations. Installation shall commence at the lowest point for each segment of the route.

3.2.1.2 The pipe shall be inspected for defects and cracks before being carefully lowered into the trench, piece by

piece. Any defective, damaged or unsound pipe or any pipe that has had its grade disturbed after laying shall be taken up and replaced. Open ends shall be protected with a stopper to prevent earth or other materials from entering the pipe during construction. The interior of the pipe shall be free from dirt, excess water and other foreign materials as the pipe laying progresses, and left clean at the completion of the installation.

3.2.1.3 HDPE shall be laid in accordance with manufacturer’s strict guidelines and comply with ASTM D2321. 3.2.1.4 HDPE shall be laid straight unless specified otherwise. If requested by Engineer to be laid on a curved

alignment, then refer to manufacturer’s maximum deflection at joint and allowable radius. 3.2.2 Water or Unsuitable Conditions

No pipe shall be laid in water or when trench conditions are unsuitable for such work. 3.2.3 Joints 3.2.3.1 Joints shall be constructed as described herein with the intent that they be made watertight.

DRAFT


3.2.3.2 Thoroughly clean ends of the pipes. Place each section with the spigot end pointing in the direction of flow and with the bell end upstream. Make assembly of the joint in accordance with the recommendations of the manufacturer and applicable standards.

3.2.3.3 Wrap joints with filter fabric prior to backfilling. The joint shall be covered with a 36" piece of fabric (1.5'

either side of the joint) and lapped a minimum of 50% of pipe circumference. 3.2.3.4 HDPE to concrete structures connection shall be made with manufacturer’s water-tight seal in compliance with

ASTM F2510-F2510M. 3.4 INSPECTION AND TESTING 3.4.1 General 3.4.1.1 Storm sewer systems and culverts, upon completion or at such time as directed, shall be cleaned, inspected and

tested. The system or culvert shall have a true grade and line. 3.4.1.2 After completion of the Work, or any part thereof, the job shall be tested to determine that it has been installed

in accordance with the drawings and specifications. In general, the Work shall prove to be in good condition, installed in accordance with the drawings and specifications and ready for use.

3.4.2 Cleaning and Testing

The contractor shall furnish an inflatable rubber ball of the size that will inflate to fit snugly into the pipe to be cleaned and tested. The ball may, at the option of the Engineer, be used without a tag line, or a rope or cord may be fastened to the ball to enable the Contractor to know and control its position at all times. The ball shall be placed in the highest clean out or manhole on the pipe to be cleaned, and water shall be introduced behind it. The ball shall pass through the pipe with only the pressure of the water impelling it. Debris flushed out ahead of the ball shall be removed at the first manhole where its presence is noted. In the event cemented or wedged debris or a damaged pipe shall stop the ball, the Contractor shall remove the obstruction.

3.4.3 Alignment Test

After backfill has been placed and compacted to a depth not less than one foot above top of pipe, a visual inspection shall be made by flashing a light between manholes. Any displacement or misalignment of invert shall be corrected.

*** END OF SECTION *** DRAFT

COMPTON ENGINEERING, INC. THERMOPLASTIC TRAFFIC MARKINGS 218-049.006 02763-1

SECTION 02763 THERMOPLASTIC TRAFFIC MARKINGS

1.0 GENERAL 1.1 The Work in this Section shall consist of furnishing all materials, equipment, and labor necessary for

placing thermoplastic pavement markings in reasonably close conformity with these specifications and the details shown on the plans or established.


Division 01 General Conditions Section 02575 Asphalt Paving

1.3 MEASUREMENT AND PAYMENT 1.3.1 Payment for work in this section shall be included in the unit price / lump sum price as outlined in the Bid.

Bid price shall include all cost of labor, materials and incidentals complete. 1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the Drawings, Work included in this specification shall conform to the applicable provisions of these publications.

Mississippi Department of Transportation (MDOT) Standard Specifications for Road and Bridge Construction, Latest Edition, including the following sections:

Specification 625.03.2 Preparation of Surface Specification 720.01 Glass Beads Specification 720.02 Thermoplastic Pavement Markings

1.5 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Quality Assurance: a. Submit manufacturer and product certification for Thermoplastic Material and Glass Beads for

acceptance. Certification should include statement from the manufacturer or supplier that products are in conformance with the requirements of the specifications.

2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Thermoplastic material shall meet the requirements of MDOT specification 720.02, except an alkyd resin

shall be used in the formulation when used in construction of stop lines, crosswalks, and legends. 2.1.2 Glass beads shall meet the requirements of MDOT specification 720.01. 2.2 EQUIPMENT 2.2.1 Equipment for hot application shall be of sufficient size and stability to insure smooth, uniform, properly

aligned markings of the thickness specified.

DRAFT

COMPTON ENGINEERING, INC. THERMOPLASTIC TRAFFIC MARKINGS 218-049.006 02763-2

2.2.2 The application equipment shall be capable of automatic placement of intermittent and continuous line patterns in single- or double-line applications simultaneously. The intermittent timer mechanism shall provide a variable ratio of materials applied and variable cycle length such that accurate placement of new patterns, or replacement of existing patterns can be achieved.

2.2.3 The equipment shall also be capable of applying the top dressing of glass beads in a manner which will

firmly embed them into the surface of the thermoplastic material for at least one half the diameter of the larger gradation sizes of the beads. The dispensing equipment shall be equipped with an automatic cut-off control for the application of the beads which is synchronized with the cut-off of the thermoplastic material.

3.0 EXECUTION 3.1 APPLICATION 3.1.1 Application of thermoplastic material shall be made only in periods of dry weather and when the

temperature of the pavement surface is at least 55º F. The pavement shall be surface dry, to the satisfaction of the Engineer, before application will be permitted. The application temperature of the thermoplastic material shall be between 400º and 450º F.

3.1.2 Upon request, the Engineer will establish the control points for markings at necessary intervals not to

exceed 600 feet on tangents and more often on curves. All additional work necessary to establish intermediate control points shall be performed by the Contractor. On curves, unsightly variations from the normal curvature will not be permitted unless specifically shown on the plans or ordered by the Engineer.

3.1.3 Immediately before application, the areas to receive markings shall be cleaned thoroughly in accordance

with MDOT specification 625.03.2. On areas of pavement cured with compound, the membrane shall be removed completely by “shot” blasting, sand blasting or other approved method.

3.1.4 Unless otherwise directed by the Engineer, traffic stripes that are coincidental with the thermoplastic stripe

shall be removed prior to placement of the thermoplastic material. 3.1.5 When thermoplastic material is to be applied to Portland cement concrete pavements or bridge surfaces, a

binder-sealer of the type and amount recommended by the manufacturer of the thermoplastic material shall be applied prior to placement of the thermoplastic material. On other pavement surfaces, a binder-sealer shall be applied under those conditions recommended by the manufacturer of the thermoplastic material.

3.1.6 The thickness of the thermoplastic material, when measured above the surface plane of the pavement, shall

be within tolerance of the specified thickness. Unless otherwise specified in the plans or contract documents, the thickness shall be 60 mils for edge lines, 90 mils for center lines, lane lines, barrier lines and detail stripe including gore markings, and 120 mils for crosswalks, stop lines, and railroad, word and symbol markings. The measured thickness at the center of the line shall be no less than the specified thickness with the edge of the line not thinner than 75% of the specified center thickness and will be checked at intervals of one mile or less as directed by the Engineer.

3.1.7 Any thermoplastic traffic marking less than the required thickness shall be corrected by overlaying with an

additional application of thermoplastic material. Any such required overlay will be no less than 30 mils. Although a tolerance of 25 percent from center to edge is allowed, a consistent underrun of any amount in thickness will not be acceptable.

3.1.8 All newly applied thermoplastic material shall be protected from traffic until the material is sufficiently dry

so as not to sustain damage from vehicle tires. Any material so damaged, marred or picked up by traffic shall be repaired, and the thermoplastic material tracked onto the pavement shall be removed.


DRAFT

COMPTON ENGINEERING, INC. CIVIL CAST-IN-PLACE CONCRETE 218-049.006 02770-1

SECTION 02770 CIVIL CAST-IN-PLACE CONCRETE

1.0 GENERAL 1.1 The Work in this Section includes cast-in-place concrete, including formwork, reinforcement, concrete

materials, mixture design, placement procedures, and finishes, for the Civil Structures and Sidewalks. 1.2 RELATED SECTIONS

Division 01 General Requirements Section 02222 Excavating (Site) Section 02290 Imported Materials for Foundation, Bedding and Backfill


Payment for work in this section shall be included in the unit price / lump sum price as outlined in the Bid. Bid price shall include all cost of labor, materials and incidentals complete

1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the drawings, Work included in this specification shall conform to the applicable provisions of these publications. AASHTO M 182, CLASS 2 Standard Specification for Burlap Cloth Made from Jute or Kenaf and

Cotton Mats ACI 117 Specifications for Tolerances for Concrete Construction and

Materials ACI 301 Specifications for Structural Concrete ACI 306 Guide to Cold Weather Concreting ACI 308.1 Standard Specification for Curing Concrete ACI 347 Guide to Formwork for Concrete ACI CP-1 Technician Workbook for Concrete Field Testing Technician ASTM A 185/A 185M Standard Specification for Steel Welded Wire Reinforcement,

Plain, for Concrete ASTM A 615/A 615M Standard Specification for Deformed and Plain Carbon-Steel

Bars for Concrete Reinforcement ASTM A 82/A 82M Standard Specification for Steel Wire, Plain, for Concrete

Reinforcement ASTM C 1017/C1017M, TYPE II Standard Specification for Chemical Admixtures for Use in

Producing Flowing Concrete ASTM C 1059/C 1059M, TYPE II Standard Specification for Latex Agents for Bonding Fresh To

Hardened Concrete ASTM C 1064/C 1064M Standard Test Method for Temperature of Freshly Mixed

Hydraulic-Cement Concrete ASTM C 1077 Standard Practice for Agencies Testing Concrete and Concrete

Aggregates for Use in Construction and Criteria for Testing Agency Evaluation

ASTM C 1315, TYPE 1, CLASS A Standard Specification for Liquid Membrane-Forming Compounds Having Special Properties for Curing and Sealing Concrete

ASTM C 143/C 143M Standard Test Method for Slump of Hydraulic-Cement Concrete

DRAFT


ASTM C 171 Standard Specification for Sheet Materials for Curing Concrete

ASTM C 172 Standard Practice for Sampling Freshly Mixed Concrete ASTM C 231 Standard Test Method for Air Content of Freshly Mixed

Concrete by the Pressure Method ASTM C 260 Standard Specification for Air-Entraining Admixtures for

Concrete ASTM C 31/C 31M Standard Practice for Making and Curing Concrete Test

Specimens in the Field ASTM C 33, CLASS 3S, CLASS M Standard Specification for Concrete Aggregates ASTM C 39/C 39M Standard Test Method for Compressive Strength of

Cylindrical Concrete Specimens ASTM C 42/C 42M Standard Test Method for Obtaining and Testing Drilled Cores

and Sawed Beams of Concrete ASTM C 494/C494M, TYPE A Standard Specification for Chemical Admixtures for Concrete ASTM C 494/C494M, TYPE B Standard Specification for Chemical Admixtures for Concrete ASTM C 494/C494M, TYPE D Standard Specification for Chemical Admixtures for Concrete ASTM C 494/C494M, TYPE F Standard Specification for Chemical Admixtures for Concrete ASTM C 494/C494M, TYPE G Standard Specification for Chemical Admixtures for Concrete ASTM C 567 Standard Test Method for Determining Density of Structural

Lightweight Concrete ASTM C 618, CLASS F Standard Specification for Coal Fly Ash and Raw or Calcined

Natural Pozzolan for Use in Concrete ASTM C 881 Standard Specification for Epoxy-Resin-Base Bonding

Systems for Concrete ASTM C150, TYPE II Standard Specification for Portland Cement ASTM C94/C 94M Standard Specification for Ready-Mixed Concrete ASTM D 1751 Standard Specification for Preformed Expansion Joint Filler

for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types)

ASTM D 2240 Standard Test Method for Rubber Property-Durometer Hardness

ASTM E 329 Standard Specification for Agencies Engaged in Construction Inspection, Testing, or Special Inspection

AWS D1.4/D1.4M Structural Welding Code – Reinforcing Steel CRSI Manual of Standard Practice NRMCA’S Certification of Ready Mixed Concrete Products

1.5 DEFINITIONS

Cementitious Materials Portland cement alone or in combination with one or more of the following: blended hydraulic cement, fly ash and other pozzolans, ground granulated blast-furnace slag, and silica fume; subject to compliance with requirements.

1.6 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Pre-Construction: a. Construction Joint Layout. Indicate proposed construction joints required to construct the

structure. Location of construction joints is subject to approval of the Engineer. b. Pre-Installation Conference Minutes. c. Qualification Data: For testing agency.

DRAFT


SD-02 Product Data: a. Product data for each type of product indicated. SD-03 Shop Drawings: a. Steel Reinforcement Shop Drawings: Placing drawings that detail fabrication, bending, and

placement. Include bar sizes, lengths, material, grade, bar schedules, stirrup spacing, bent bar diagrams, bar arrangement, splices and laps, mechanical connections, tie spacing, hoop spacing, and supports for concrete reinforcement.

SD-04 Quality Control: a. Design Mixtures: For each concrete mixture. Submit alternate design mixtures when

characteristics of materials, Project conditions, weather, test results, or other circumstances warrant adjustments.

b. Test Reports: 1. Material Test Reports: For the following, from a qualified testing agency, indicating

compliance with requirements: a. Aggregates.

2. Field quality-control reports. c. Certificates:

1. Welding certificates. 2. Material Certificates: For each of the following, signed by manufacturers:

a. Cementitious materials. b. Admixtures. c. Form materials and form-release agents. d. Steel reinforcement and accessories. e. Fiber reinforcement. f. Waterstops. g. Curing compounds. h. Floor and slab treatments. i. Bonding agents. j. Adhesives. k. Vapor retarders. l. Semirigid joint filler. m. Joint-filler strips. n. Repair materials.

d. Floor surface flatness and levelness measurements indicating compliance with specified

tolerances. 1.7 QUALITY ASSURANCE 1.7.1 Qualifications 1.7.1.1 Installer Qualifications: A qualified installer who employs on Project personnel qualified as ACI-certified

Flatwork Technician and Finisher and a supervisor who is an ACI-certified Concrete Flatwork Technician. 1.7.1.2 Manufacturer Qualifications: A firm experienced in manufacturing ready-mixed concrete products and that

complies with ASTM C 94/C 94M requirements for production facilities and equipment. 1. Manufacturer certified according to NRMCA's "Certification of Ready Mixed Concrete Production

Facilities." 1.7.1.3 Testing Agency Qualifications: An independent agency, acceptable to authorities having jurisdiction,

qualified according to ASTM C 1077 and ASTM E 329 for testing indicated. 1. Personnel conducting field tests shall be qualified as ACI Concrete Field Testing Technician, Grade 1,

according to ACI CP-1 or an equivalent certification program. 2. Personnel performing laboratory tests shall be ACI-certified Concrete Strength Testing Technician and

Concrete Laboratory Testing Technician - Grade I. Testing Agency laboratory supervisor shall be an ACI-certified Concrete Laboratory Testing Technician - Grade II.

DRAFT


1.7.1.4 Source Limitations: Obtain each type or class of cementitious material of the same brand from the same

manufacturer's plant, obtain aggregate from single source, and obtain admixtures from single source from single manufacturer.

1.7.1.5 Welding Qualifications: Qualify procedures and personnel according to AWS D1.4/D 1.4M, "Structural

Welding Code - Reinforcing Steel." 1.7.1.6 ACI Publications: Comply with the following unless modified by requirements in the Contract Documents:

1. ACI 301, "Specifications for Structural Concrete," Sections 1 through 5. 2. ACI 117, "Specifications for Tolerances for Concrete Construction and Materials."

1.7.1.7 Concrete Testing Service: The contractor shall engage a qualified independent testing agency to perform

material evaluation tests and to design concrete mixtures. 1.7.2 Pre-Installation Conference 1.7.2.1 Conduct conference at Project site.

1. Before submitting design mixtures, review concrete design mixture and examine procedures for ensuring quality of concrete materials. Require representatives of each entity directly concerned with cast-in-place concrete to attend, including the following: a. Contractor's superintendent. b. Independent testing agency responsible for concrete design mixtures. c. Ready-mix concrete manufacturer. d. Concrete subcontractor. e. Special concrete finish subcontractor.

2. Review concrete finishes and finishing, cold- and hot-weather concreting procedures, curing procedures, construction contraction and isolation joints, and joint-filler strips, semi-rigid joint fillers, vapor-retarder installation, anchor rod and anchorage device installation tolerances, steel reinforcement installation, floor and slab flatness and levelness measurement, concrete repair procedures, and concrete protection.

1.8 DELIVERY, STORAGE, AND HANDLING 1.8.1 Storage and Protection 1.8.1.1. Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and damage. 1.8.1.2 Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other

contaminants. 2.0 PRODUCTS 2.1 MATERIALS 2.1.1 FORM-FACING MATERIALS 2.1.1.1 Smooth-Formed Finished Concrete: Form-facing panels that will provide continuous, true, and smooth

concrete surfaces. Furnish in largest practicable sizes to minimize number of joints. 1. Plywood, metal, or other approved panel materials.

2.1.1.2 Rough-Formed Finished Concrete: Plywood, lumber, metal, or another approved material. Provide lumber

dressed on at least two edges and one side for tight fit. 2.1.1.3 Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch, minimum. 2.1.1.4 Form-Release Agent: Commercially formulated form-release agent that will not bond with, stain, or

adversely affect concrete surfaces and will not impair subsequent treatments of concrete surfaces. 1. Formulate form-release agent with rust inhibitor for steel form-facing materials.

DRAFT


2.1.1.5 Form Ties: Factory-fabricated, removable or snap-off metal or glass-fiber-reinforced plastic form ties

designed to resist lateral pressure of fresh concrete on forms and to prevent spalling of concrete on removal. 1. Furnish units that will leave no corrodible metal closer than 1 inch to the plane of exposed concrete

surface. 2.1.2 STEEL REINFORCEMENT 2.1.2.1 Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed. 2.1.2.2 Plain-Steel Wire: ASTM A 82/A 82M, as drawn. 2.1.2.3 Plain-Steel Welded Wire Reinforcement: ASTM A 185/A 185M, plain, fabricated from as-drawn steel

wire into flat sheets. 2.1.3 REINFORCEMENT ACCESSORIES 2.1.3.1 Joint Dowel Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), plain-steel bars, cut true to length with

ends square and free of burrs. 2.1.3.2 Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening reinforcing

bars and welded wire reinforcement in place. Manufacture bar supports from steel wire, plastic, or precast concrete according to CRSI's "Manual of Standard Practice," of greater compressive strength than concrete and as follows: 1. For concrete surfaces exposed to view where legs of wire bar supports contact forms, use CRSI Class 1

plastic-protected steel wire or CRSI Class 2 stainless-steel bar supports. 2. For epoxy-coated reinforcement, use epoxy-coated or other dielectric-polymer-coated wire bar

supports. 3. For zinc-coated reinforcement, use galvanized wire or dielectric-polymer-coated wire bar supports.

2.1.4 CONCRETE MATERIALS 2.1.4.1 Cementitious Material: Use the following cementitious materials, of the same type, brand, and source,

throughout Project: 1. Portland Cement: ASTM C 150, Type II. Supplement with the following:

a. Fly Ash: ASTM C 618, Class F.

2.1.4.2 Normal-Weight Aggregates: ASTM C 33, Class 3S Class 3M coarse aggregate or better, graded. Provide aggregates from a single source. 1. Maximum Coarse-Aggregate Size: 1 inch nominal. 2. Fine Aggregate: Free of materials with deleterious reactivity to alkali in cement.

2.1.4.3 Water: ASTM C 94/C 94M and potable. 2.1.5 ADMIXTURES 2.1.5.1 Air-Entraining Admixture: ASTM C 260. 2.1.5.2 Chemical Admixtures: Provide admixtures certified by manufacturer to be compatible with other

admixtures and that will not contribute water-soluble chloride ions exceeding those permitted in hardened concrete. Do not use calcium chloride or admixtures containing calcium chloride. 1. Water-Reducing Admixture: ASTM C 494/C 494M, Type A. 2. Retarding Admixture: ASTM C 494/C 494M, Type B. 3. Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type D. 4. High-Range, Water-Reducing Admixture: ASTM C 494/C 494M, Type F. 5. High-Range, Water-Reducing and Retarding Admixture: ASTM C 494/C 494M, Type G. 6. Plasticizing and Retarding Admixture: ASTM C 1017/C 1017M, Type II.

DRAFT


2.1.6 CURING MATERIALS 2.1.6.1 Evaporation Retarder: Waterborne, monomolecular film forming, manufactured for application to fresh

concrete. 1. Products: Subject to compliance with requirements, available products that may be incorporated into

the Work include, but are not limited to, the following: a. Axim Italcementi Group, Inc.; CATEXOL CimFilm. b. BASF Construction Chemicals - Building Systems; Confilm. c. ChemMasters; SprayFilm. d. Conspec by Dayton Superior; Aquafilm. e. Dayton Superior Corporation; Sure Film (J-74). f. Edoco by Dayton Superior; BurkeFilm. g. Euclid Chemical Company (The), an RPM company; Eucobar. h. Kaufman Products, Inc.; Vapor-Aid. i. Lambert Corporation; LAMBCO Skin. j. L&M Construction Chemicals, Inc.; E-CON. k. Meadows, W. R., Inc.; EVAPRE. l. Metalcrete Industries; Waterhold. m. Nox-Crete Products Group; MONOFILM. n. Sika Corporation; SikaFilm. o. SpecChem, LLC; Spec Film. p. Symons by Dayton Superior; Finishing Aid. q. TK Products, Division of Sierra Corporation; TK-2120 TRI-FILM. r. Unitex; PRO-FILM. s. Vexcon Chemicals, Inc.; Certi-Vex Envio Set.

2.1.6.2 Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing

approximately 9 oz./sq. yd. when dry. 2.1.6.3 Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene sheet. 2.1.6.4 Water: Potable. 2.1.6.5 Clear, Waterborne, Membrane-Forming Curing and Sealing Compound: ASTM C 1315, Type 1, Class A.

1. Products: Subject to compliance with requirements, available products that may be incorporated into the Work include, but are not limited to, the following: a. BASF Construction Chemicals - Building Systems; Kure 1315. b. ChemMasters; Polyseal WB. c. Conspec by Dayton Superior; Sealcure 1315 WB. d. Edoco by Dayton Superior; Cureseal 1315 WB. e. Euclid Chemical Company (The), an RPM company; Super Diamond Clear VOX; LusterSeal WB

300. f. Kaufman Products, Inc.; Sure Cure 25 Emulsion. g. Lambert Corporation; UV Safe Seal. h. L&M Construction Chemicals, Inc.; Lumiseal WB Plus. i. Meadows, W. R., Inc.; Vocomp-30. j. Metalcrete Industries; Metcure 30. k. Right Pointe; Right Sheen WB30. l. Symons by Dayton Superior; Cure & Seal 31 Percent E. m. Vexcon Chemicals, Inc.; Vexcon Starseal 1315.

2.1.7 RELATED MATERIALS 2.1.7.1 Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber. 2.1.7.2 Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, epoxy resin with a Type A shore

durometer hardness of 80 per ASTM D 2240.

DRAFT


2.1.7.3 Bonding Agent: ASTM C 1059/C 1059M, Type II, non-redispersible, acrylic emulsion or styrene butadiene.

2.1.7.4 Epoxy Bonding Adhesive: ASTM C 881, two-component epoxy resin, capable of humid curing and

bonding to damp surfaces, of class suitable for application temperature and of grade to suit requirements, and as follows: 1. Types IV and V, load bearing, for bonding hardened or freshly mixed concrete to hardened concrete.

2.1.7.5 Reglets: Fabricate reglets of not less than 0.022-inch-thick, galvanized-steel sheet. Temporarily fill or cover face opening of reglet to prevent intrusion of concrete or debris.

2.1.7.6 Dovetail Anchor Slots: Hot-dip galvanized-steel sheet, not less than 0.034 inch thick, with bent tab

anchors. Temporarily fill or cover face opening of slots to prevent intrusion of concrete or debris. 2.1.8 CONCRETE MIXTURES, GENERAL 2.1.8.1 Prepare design mixtures for each type and strength of concrete, proportioned on the basis of laboratory trial

mixture or field test data, or both, according to ACI 301. 1. Use a qualified independent testing agency for preparing and reporting proposed mixture designs based

on laboratory trial mixtures.

2.1.8.2 Cementitious Materials: Limit percentage, by weight, of cementitious materials other than portland cement in concrete as follows: 1. Fly Ash: 25 percent.

2.1.8.3 Limit water-soluble, chloride-ion content in hardened concrete to 0.15 percent by weight of cement. 2.1.8.4 Admixtures: Use admixtures according to manufacturer's written instructions.

1. Use water-reducing high-range water-reducing or plasticizing admixture in concrete, as required, for placement and workability.

2. Use water-reducing and retarding admixture when required by high temperatures, low humidity, or other adverse placement conditions.

3. Use water-reducing admixture in pumped concrete, concrete for heavy-use industrial slabs and parking structure slabs, concrete required to be watertight, and concrete with a water-cementitious materials ratio below 0.50.

4. Use corrosion-inhibiting admixture in concrete mixtures where indicated. 2.9 CONCRETE MIXTURES 2.1.9.1 Civil Structures, including but not limited to, Catch Basins, Junction Boxes, Inlets, Headwalls, Flumes,

Conflict Boxes, etc.: Proportion normal-weight concrete mixture as follows: 1. Minimum Compressive Strength: 4000 psi at 28 days. 2. Maximum aggregate size: 1 inch. 3. Slump Limit: 4 inches, max. 4. Air Content: Do not allow air content of trowel-finished floors to exceed 3 percent. 5. Synthetic Micro-Fiber: Uniformly disperse in concrete mixture at manufacturer's recommended rate,

but not less than 1.5 lb/cu. yd.

2.1.9.2 Sidewalks: Proportion normal-weight concrete mixture as follows: 1. Minimum Compressive Strength: 3,000 psi at 28 days. 2. Maximum aggregate size: ¾ inch. 3. Slump Limit: 4 inches, max. 4. Air Content: Do not allow air content of trowel-finished toppings to exceed 3 percent. 5. Synthetic Micro-Fiber: Uniformly disperse in concrete mixture at manufacturer's recommended rate,

but not less than 1.5 lb/cu. yd. 2.1.10 FABRICATING REINFORCEMENT 2.1.10.1 Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice."

DRAFT


2.1.11 CONCRETE MIXING 2.1.11.1 Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to ASTM C 94/C 94M, and

furnish batch ticket information. 1. When air temperature is between 85 and 90 deg F, reduce mixing and delivery time from 1-1/2 hours

to 75 minutes; when air temperature is above 90 deg F, reduce mixing and delivery time to 60 minutes. 3.0 EXECUTION 3.1 FORMWORK 3.1.1 Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral,

static, and dynamic loads, and construction loads that might be applied, until structure can support such loads.

3.1.2 Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and

position indicated, within tolerance limits of ACI 117. 3.1.3 Limit concrete surface irregularities, designated by ACI 347 as abrupt or gradual, as follows:

1. Class A, 1/8 inch for smooth-formed finished surfaces. 2. Class C, 1/2 inch for rough-formed finished surfaces.

3.1.4 Construct forms tight enough to prevent loss of concrete mortar. 3.1.5 Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or

wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. 1. Install keyways, reglets, recesses, and the like, for easy removal. 2. Do not use rust-stained steel form-facing material.

3.1.6 Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and

slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds.

3.1.7 Provide temporary openings for cleanouts and inspection ports where interior area of formwork is

inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations.

3.1.8 Chamfer exterior corners and edges of permanently exposed concrete. 3.1.9 Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads required in the

Work. Determine sizes and locations from trades providing such items. 3.1.10 Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other

debris just before placing concrete. 3.1.11 Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and maintain

proper alignment. 3.1.12 Coat contact surfaces of forms with form-release agent, according to manufacturer's written instructions,

before placing reinforcement. 3.2 EMBEDDED ITEMS 3.2.1 Place and secure anchorage devices and other embedded items required for adjoining work that is attached

to or supported by cast-in-place concrete. Use setting drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.

DRAFT


1. Install anchor rods, accurately located, to elevations required and complying with tolerances in Section 7.5 of AISC's "Code of Standard Practice for Steel Buildings and Bridges."

2. Install reglets to receive waterproofing and to receive through-wall flashings in outer face of concrete frame at exterior walls, where flashing is shown at lintels, shelf angles, and other conditions.

3. Install dovetail anchor slots in concrete structures as indicated. 3.3 REMOVING AND REUSING FORMS 3.3.1 General: Formwork for sides of beams and similar parts of the Work that does not support weight of

concrete may be removed after cumulatively curing at not less than 50 deg F for 24 hours after placing concrete. Concrete has to be hard enough to not be damaged by form-removal operations and curing and protection operations need to be maintained.

3.3.2 Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise

damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent. 3.3.3 When forms are reused, clean surfaces, remove fins and laitance, and tighten to close joints. Align and

secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Architect.

3.4 STEEL REINFORCEMENT 3.4.1 General: Comply with CRSI's "Manual of Standard Practice" for placing reinforcement.

1. Do not cut or puncture vapor retarder. Repair damage and reseal vapor retarder before placing concrete.

3.4.2 Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that would reduce

bond to concrete. 3.4.3 Accurately position, support, and secure reinforcement against displacement. Locate and support

reinforcement with bar supports to maintain minimum concrete cover. Do not tack weld crossing reinforcing bars. 1. Weld reinforcing bars according to AWS D1.4/D 1.4M, where indicated.

3.4.5 Set wire ties with ends directed into concrete, not toward exposed concrete surfaces. 3.4.6 Install welded wire reinforcement in longest practicable lengths on bar supports spaced to minimize

sagging. Lap edges and ends of adjoining sheets at least one mesh spacing. Offset laps of adjoining sheet widths to prevent continuous laps in either direction. Lace overlaps with wire.

3.5 JOINTS 3.5.1 General: Construct joints true to line with faces perpendicular to surface plane of concrete. 3.5.2 Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated

or as approved by Architect. 1. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints

unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs.

2. Form keyed joints as indicated. Embed keys at least 1-1/2 inches into concrete. 3. Locate joints for beams in the middle third of spans. Offset joints in girders a minimum distance of

twice the beam width from a beam-girder intersection. 4. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened

concrete surfaces.

3.5.3 Contraction Joints in Slabs-on-Grade: Form weakened-plane contraction joints, sectioning concrete into areas as indicated. Construct contraction joints for a depth equal to at least one-fourth of concrete thickness as follows:

DRAFT


1. Grooved Joints: Form contraction joints after initial floating by grooving and finishing each edge of joint to a radius of 1/8 inch. Repeat grooving of contraction joints after applying surface finishes. Eliminate groover tool marks on concrete surfaces.

2. Sawed Joints: Form contraction joints with power saws equipped with shatterproof abrasive or diamond-rimmed blades. Cut 1/8-inch-wide joints into concrete when cutting action will not tear, abrade, or otherwise damage surface and before concrete develops random contraction cracks.

3.5.4 Isolation Joints in Slabs-on-Grade: After removing formwork, install joint-filler strips at slab junctions

with vertical surfaces, such as column pedestals, foundation walls, grade beams, and other locations, as indicated. 1. Extend joint-filler strips full width and depth of joint, terminating flush with finished concrete surface

unless otherwise indicated. 2. Terminate full-width joint-filler strips not less than 1/2 inch or more than 1 inch below finished

concrete surface where joint sealants, specified in Division 7 Section "Joint Sealants," are indicated. 3. Install joint-filler strips in lengths as long as practicable. Where more than one length is required, lace

or clip sections together.

3.5.5 Doweled Joints: Install dowel bars and support assemblies at joints where indicated. Lubricate or asphalt coat one-half of dowel length to prevent concrete bonding to one side of joint.

3.6 CONCRETE PLACEMENT 3.6.1 Before placing concrete, verify that installation of formwork, reinforcement, and embedded items is

complete and that required inspections have been performed. 3.6.2 Do not add water to concrete during delivery, at Project site, or during placement unless approved by

Architect. 3.6.3 Before test sampling and placing concrete, water may be added at Project site, subject to limitations of ACI

301. 1. Do not add water to concrete after adding high-range water-reducing admixtures to mixture.

3.6.4 Ensure that discharge of ready mixed concrete is completed within 1.5 hours after batching. The 1.5 hours may be extended if the concrete is of such slump after 1.5 hours (or 300 revolutions) that it can be satisfactorily placed and consolidated without adding water.

3.6.5 Deposit concrete continuously in one layer or in horizontal layers of such thickness that no new concrete

will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as indicated. Deposit concrete to avoid segregation. 1. Deposit concrete in horizontal layers of depth to not exceed formwork design pressures and in a

manner to avoid inclined construction joints. 2. Consolidate placed concrete with mechanical vibrating equipment according to ACI 301. 3. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at

uniformly spaced locations to rapidly penetrate placed layer and at least 6 inches into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mixture constituents to segregate.

3.6.6 Deposit and consolidate concrete for floors and slabs in a continuous operation, within limits of

construction joints, until placement of a panel or section is complete. 1. Consolidate concrete during placement operations so concrete is thoroughly worked around

reinforcement and other embedded items and into corners. 2. Maintain reinforcement in position on chairs during concrete placement. 3. Screed slab surfaces with a straightedge and strike off to correct elevations. 4. Slope surfaces uniformly to drains where required.

DRAFT


5. Begin initial floating using bull floats or darbies to form a uniform and open-textured surface plane, before excess bleedwater appears on the surface. Do not further disturb slab surfaces before starting finishing operations.

3.6.7 Cold-Weather Placement: Comply with ACI 306.1 and as follows. Protect concrete work from physical

damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When average high and low temperature is expected to fall below 40 deg F (4.4 deg C) for three

successive days, maintain delivered concrete mixture temperature within the temperature range required by ACI 301.

2. Do not use frozen materials or materials containing ice or snow. Do not place concrete on frozen subgrade or on subgrade containing frozen materials.

3. Do not use calcium chloride, salt, or other materials containing antifreeze agents or chemical accelerators unless otherwise specified and approved in mixture designs.

3.6.8 Hot-Weather Placement: Comply with ACI 301 and as follows:

1. Maintain concrete temperature below 90 deg F (32 deg C) at time of placement. Chilled mixing water or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete is Contractor's option.

2. Fog-spray forms, steel reinforcement, and subgrade just before placing concrete. Keep subgrade uniformly moist without standing water, soft spots, or dry areas.

3.7 FINISHING FORMED SURFACES 3.7.1 Rough-Formed Finish: As-cast concrete texture imparted by form-facing material with tie holes and

defects repaired and patched. Remove fins and other projections that exceed specified limits on formed-surface irregularities. 1. Apply to concrete surfaces.

3.7.2 Smooth-Formed Finish: As-cast concrete texture imparted by form-facing material, arranged in an orderly

and symmetrical manner with a minimum of seams. Repair and patch tie holes and defects. Remove fins and other projections that exceed specified limits on formed-surface irregularities. 1. Apply to concrete surfaces exposed to public view, to receive a rubbed finish.

3.7.3 Rubbed Finish: Apply the following to smooth-formed finished as-cast concrete where indicated: 1. Smooth-Rubbed Finish: Not later than one day after form removal, moisten concrete surfaces and rub

with carborundum brick or another abrasive until producing a uniform color and texture. Do not apply cement grout other than that created by the rubbing process.

2. Grout-Cleaned Finish: Wet concrete surfaces and apply grout of a consistency of thick paint to coat surfaces and fill small holes. Mix one part portland cement to one and one-half parts fine sand with a 1:1 mixture of bonding admixture and water. Add white portland cement in amounts determined by trial patches so color of dry grout will match adjacent surfaces. Scrub grout into voids and remove excess grout. When grout whitens, rub surface with clean burlap and keep surface damp by fog spray for at least 36 hours.

3. Cork-Floated Finish: Wet concrete surfaces and apply a stiff grout. Mix one part portland cement and one part fine sand with a 1:1 mixture of bonding agent and water. Add white portland cement in amounts determined by trial patches so color of dry grout will match adjacent surfaces. Compress grout into voids by grinding surface. In a swirling motion, finish surface with a cork float.

3.7.4 Related Unformed Surfaces: At tops of walls, horizontal offsets, and similar unformed surfaces adjacent to

formed surfaces, strike off smooth and finish with a texture matching adjacent formed surfaces. Continue final surface treatment of formed surfaces uniformly across adjacent unformed surfaces unless otherwise indicated.

3.8 FINISHING SLABS 3.8.1 Scratch Finish: While still plastic, texture concrete surface that has been screeded and bull-floated or

darbied. Use stiff brushes, brooms, or rakes to produce a profile amplitude of 1/4 inch in one direction. 1. Apply scratch finish to surfaces to receive concrete floor toppings.

DRAFT


3.8.2 Float Finish: Consolidate surface with power-driven floats or by hand floating if area is small or inaccessible to power driven floats. Restraighten, cut down high spots, and fill low spots. Repeat float passes and restraightening until surface is left with a uniform, smooth, granular texture. 1. Apply float finish to surfaces to receive trowel finish.

3.8.3 Trowel Finish: After applying float finish, apply first troweling and consolidate concrete by hand or power-driven trowel. Continue troweling passes and restraighten until surface is free of trowel marks and uniform in texture and appearance. Grind smooth any surface defects that would telegraph through applied coatings or floor coverings. 1. Apply a trowel finish to surfaces exposed to view. 2. Finish and measure surface so gap at any point between concrete surface and an unleveled,

freestanding, 10-ft.-long straightedge resting on two high spots and placed anywhere on the surface does not exceed 1/4 inch.

3.8.4 Trowel and Fine-Broom Finish: Apply a first trowel finish to surfaces where ceramic or quarry tile is to be

installed by either thickset or thin-set method. While concrete is still plastic, slightly scarify surface with a fine broom. 1. Comply with flatness and levelness tolerances for trowel-finished floor surfaces.

3.8.5 Broom Finish: Apply a broom finish to exterior concrete platforms, steps, ramps, and elsewhere as indicated. 1. Immediately after float finishing, slightly roughen trafficked surface by brooming with fiber-bristle

broom perpendicular to main traffic route. Coordinate required final finish with Architect before application.

3.8.6 Slip-Resistive Finish: Before final floating, apply slip-resistive aluminum granule finish where indicated

and to concrete stair treads, platforms, and ramps. Apply according to manufacturer's written instructions and as follows: 1. Uniformly spread 25 lb/100 sq. ft. of dampened slip-resistive aluminum granules over surface in one or

two applications. Tamp aggregate flush with surface, but do not force below surface. 2. After broadcasting and tamping, apply float finish. 3. After curing, lightly work surface with a steel wire brush or an abrasive stone and water to expose slip-

resistive aluminum granules. 3.9 MISCELLANEOUS CONCRETE ITEMS 3.9.1 Filling In: Fill in holes and openings left in concrete structures after work of other trades is in place unless

otherwise indicated. Mix, place, and cure concrete, as specified, to blend with in-place construction. Provide other miscellaneous concrete filling indicated or required to complete the Work.

3.9.2 Curbs: Provide monolithic finish to interior curbs by stripping forms while concrete is still green and by

steel-troweling surfaces to a hard, dense finish with corners, intersections, and terminations slightly rounded.

3.9.3 Equipment Bases and Foundations: Provide machine and equipment bases and foundations as shown on

Drawings. Set anchor bolts for machines and equipment at correct elevations, complying with diagrams or templates from manufacturer furnishing machines and equipment.

3.10 CONCRETE PROTECTING AND CURING 3.10.1 General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures.

Comply with ACI 306.1 for cold-weather protection and ACI 301 for hot-weather protection during curing. 3.10.2 Evaporation Retarder: Apply evaporation retarder to unformed concrete surfaces if hot, dry, or windy

conditions cause moisture loss approaching 0.2 lb/sq. ft. x h before and during finishing operations. Apply according to manufacturer's written instructions after placing, screeding, and bull floating or darbying concrete, but before float finishing.

DRAFT


3.10.3 Formed Surfaces: Cure formed concrete surfaces, including underside of beams, supported slabs, and other similar surfaces. If forms remain during curing period, moist cure after loosening forms. If removing forms before end of curing period, continue curing for the remainder of the curing period.

3.10.4 Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed surfaces, including

floors and slabs, concrete floor toppings, and other surfaces. 3.10.5 Cure concrete according to ACI 308.1, by one or a combination of the following methods:

1. Moisture Curing: Keep surfaces continuously moist for not less than seven days with the following materials: a. Water. b. Continuous water-fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges

with 12-inch lap over adjacent absorptive covers. 2. Moisture-Retaining-Cover Curing: Cover concrete surfaces with moisture-retaining cover for curing

concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Cure for not less than seven days. Immediately repair any holes or tears during curing period using cover material and waterproof tape. a. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive floor

coverings. b. Moisture cure or use moisture-retaining covers to cure concrete surfaces to receive penetrating

liquid floor treatments. c. Cure concrete surfaces to receive floor coverings with either a moisture-retaining cover or a curing

compound that the manufacturer certifies will not interfere with bonding of floor covering used on Project.

3. Curing and Sealing Compound: Apply uniformly to floors and slabs indicated in a continuous operation by power spray or roller according to manufacturer's written instructions. Recoat areas subjected to heavy rainfall within three hours after initial application. Repeat process 24 hours later and apply a second coat. Maintain continuity of coating and repair damage during curing period.

3.11 JOINT FILLING 3.11.1 Prepare, clean, and install joint filler according to manufacturer's written instructions.

1. Defer joint filling until concrete has aged at least six month(s). Do not fill joints until construction traffic has permanently ceased.

3.11.2 Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact faces of joint

clean and dry. 3.11.3 Install semi-rigid joint filler full depth in saw-cut joints and at least 2 inches deep in formed joints. Overfill

joint and trim joint filler flush with top of joint after hardening. 3.12 CONCRETE SURFACE REPAIRS 3.12.1 Defective Concrete: Repair and patch defective areas when approved by Architect. Remove and replace

concrete that cannot be repaired and patched to Architect's approval. 3.12.2 Patching Mortar: Mix dry-pack patching mortar, consisting of one part portland cement to two and one-

half parts fine aggregate passing a No. 16 sieve, using only enough water for handling and placing. 3.12.3 Repairing Formed Surfaces: Surface defects include color and texture irregularities, cracks, spalls, air

bubbles, honeycombs, rock pockets, fins and other projections on the surface, and stains and other discolorations that cannot be removed by cleaning. 1. Immediately after form removal, cut out honeycombs, rock pockets, and voids more than 1/2 inch in

any dimension to solid concrete. Limit cut depth to 3/4 inch. Make edges of cuts perpendicular to concrete surface. Clean, dampen with water, and brush-coat holes and voids with bonding agent. Fill and compact with patching mortar before bonding agent has dried. Fill form-tie voids with patching mortar or cone plugs secured in place with bonding agent.

DRAFT


2. Repair defects on surfaces exposed to view by blending white portland cement and standard portland cement so that, when dry, patching mortar will match surrounding color. Patch a test area at inconspicuous locations to verify mixture and color match before proceeding with patching. Compact mortar in place and strike off slightly higher than surrounding surface.

3. Repair defects on concealed formed surfaces that affect concrete's durability and structural performance as determined by Architect.

3.12.4 Repairing Unformed Surfaces: Test unformed surfaces, such as floors and slabs, for finish and verify

surface tolerances specified for each surface. Correct low and high areas. Test surfaces sloped to drain for trueness of slope and smoothness; use a sloped template. 1. Repair finished surfaces containing defects. Surface defects include spalls, popouts, honeycombs, rock

pockets, crazing and cracks in excess of 0.01 inch wide or that penetrate to reinforcement or completely through unreinforced sections regardless of width, and other objectionable conditions.

2. After concrete has cured at least 14 days, correct high areas by grinding. 3. Correct localized low areas during or immediately after completing surface finishing operations by

cutting out low areas and replacing with patching mortar. Finish repaired areas to blend into adjacent concrete.

4. Correct other low areas scheduled to receive floor coverings with a repair underlayment. Prepare, mix, and apply repair underlayment and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface. Feather edges to match adjacent floor elevations.

5. Correct other low areas scheduled to remain exposed with a repair topping. Cut out low areas to ensure a minimum repair topping depth of 1/4 inch to match adjacent floor elevations. Prepare, mix, and apply repair topping and primer according to manufacturer's written instructions to produce a smooth, uniform, plane, and level surface.

6. Repair defective areas, except random cracks and single holes 1 inch or less in diameter, by cutting out and replacing with fresh concrete. Remove defective areas with clean, square cuts and expose steel reinforcement with at least a 3/4-inch clearance all around. Dampen concrete surfaces in contact with patching concrete and apply bonding agent. Mix patching concrete of same materials and mixture as original concrete except without coarse aggregate. Place, compact, and finish to blend with adjacent finished concrete. Cure in same manner as adjacent concrete.

7. Repair random cracks and single holes 1 inch or less in diameter with patching mortar. Groove top of cracks and cut out holes to sound concrete and clean off dust, dirt, and loose particles. Dampen cleaned concrete surfaces and apply bonding agent. Place patching mortar before bonding agent has dried. Compact patching mortar and finish to match adjacent concrete. Keep patched area continuously moist for at least 72 hours.

3.12.5 Perform structural repairs of concrete, subject to Engineer’s approval, using epoxy adhesive and patching

mortar. 3.12.6 Repair materials and installation not specified above may be used, subject to Architect's approval. 3.13 FIELD QUALITY CONTROL 3.13.1 Testing and Inspecting: Engage a qualified testing and inspecting agency to perform tests and inspections

and to submit reports. 3.13.2 Inspections:

1. Steel reinforcement placement. 2. Steel reinforcement welding. 3. Headed bolts and studs. 4. Verification of use of required design mixture. 5. Concrete placement, including conveying and depositing. 6. Curing procedures and maintenance of curing temperature. 7. Verification of concrete strength before removal of shores and forms from beams and slabs.

3.13.3 Concrete Tests: Testing of composite samples of fresh concrete obtained according to ASTM C 172 shall be performed according to the following requirements:

DRAFT


1. Testing Frequency: Obtain one set of composite samples for each day's pour of each concrete mixture exceeding 5 cu. yd., but less than 25 cu. yd., plus one set for each additional 50 cu. yd. or fraction thereof. (Note: 1 set = 4 cylinders provided by Contractor.)

2. Testing Frequency: Obtain at least one composite sample for each 100 cu. yd. or fraction thereof of each concrete mixture placed each day. a. When frequency of testing will provide fewer than five compressive-strength tests for each

concrete mixture, testing shall be conducted from at least five randomly selected batches or from each batch if fewer than five are used.

3. Slump: ASTM C 143/C 143M; one test at point of placement for each composite sample, but not less than one test for each day's pour of each concrete mixture. Perform additional tests when concrete consistency appears to change.

4. Air Content: ASTM C 231, pressure method, for normal-weight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mixture.

5. Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is 40 deg F and below and when 80 deg F and above, and one test for each composite sample.

6. Unit Weight: ASTM C 567, fresh unit weight of structural lightweight concrete; one test for each composite sample, but not less than one test for each day's pour of each concrete mixture.

7. Compression Test Specimens: ASTM C 31/C 31M. a. Cast and field cure two sets of standard cylinder specimens for each composite sample.

8. Compressive-Strength Tests: ASTM C 39/C 39M; a. Test one cylinder of each set of laboratory-cured specimens at 7 days, 14 days, and one at 28 days.

The four cylinders shall be reserved to be tested, if needed. b. Test one cylinder of each set of field-cured specimens at 7 days, 14 days, and one set of two

specimens at 28 days. The four cylinders shall be reserved to be tested, if needed. c. A compressive-strength test shall be the average compressive strength from a set of two specimens

obtained from same composite sample and tested at age indicated. 9. When strength of field-cured cylinders is less than 85 percent of companion laboratory-cured

cylinders, Contractor shall evaluate operations and provide corrective procedures for protecting and curing in-place concrete.

10. Strength of each concrete mixture will be satisfactory if every average of any three consecutive compressive-strength tests equals or exceeds specified compressive strength and no compressive-strength test value falls below specified compressive strength by more than 500 psi (3.4 MPa).

11. Test results shall be reported in writing to Engineer, concrete manufacturer, and Contractor within 48 hours of testing. Reports of compressive-strength tests shall contain Project identification name and number, date of concrete placement, name of concrete testing and inspecting agency, location of concrete batch in Work, design compressive strength at 28 days, concrete mixture proportions and materials, compressive breaking strength, and type of break for both 7- and 28-day tests.

12. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted by Architect but will not be used as sole basis for approval or rejection of concrete.

13. Additional Tests: Testing and inspecting agency shall make additional tests of concrete when test results indicate that slump, air entrainment, compressive strengths, or other requirements have not been met, as directed by Architect. Testing and inspecting agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42/C 42M or by other methods as directed by Architect.

14. Additional testing and inspecting, at Contractor's expense, will be performed to determine compliance of replaced or additional work with specified requirements.

15. Correct deficiencies in the Work that test reports and inspections indicate do not comply with the Contract Documents.


DRAFT

COMPTON ENGINEERING, INC. HYDROSEEDING 218-049.006 02921-1

SECTION 02921 HYDROSEEDING

1.0 GENERAL 1.1 The Work in this Section includes providing all labor, materials, tools, and equipment necessary for a seed

mix applied to sloped area requiring sustained vegetation. 1.2 RELATED SECTIONS

Division 01 General Requirements 1.3 MEASUREMENT AND PAYMENT 1.3.1 Payment for Work in this Section shall be included in the unit price / lump sum price as outlined in the Bid.

Bid price shall include all cost of labor, materials, and incidentals complete. 1.4 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Product Data: Submit manufacturer’s product data and installation instructions. Include required substrate preparation, list of materials, and application rate.

1.5 DELIVERY, STORAGE, AND HANDLING 1.5.1 Packing and Shipping 1.5.1.1 Deliver materials and products in factory labeled packages. 1.5.2 Storage and Protection 1.5.2.1 Store and handle in strict compliance with manufacturer’s instructions and recommendations. 1.5.2.2 Protect from weather damage, excessive temperatures, and construction operations. 1.6 MAINTENANCE 1.6.1 Frequent light irrigation will need to be applied to seeded areas if no natural rain events have occurred

within one week of hydroseeding. Water should be applied long enough to moisten the soil thoroughly to the depth of the slurry mulch taking care not to super saturate or wash away the slurry and seed.

1.6.2 After seed germination has occurred and plants are visible the frequency of irrigation should be cut back

with heavier application rates still making sure not to super saturate or wash away the slurry and seed. 1.6.3 Repair all seed washings and erosion. 1.6.4 Future fertilization should occur whenever applicable at the recommended rate based on soil analysis with a

low Nitrogen fertilizer. 2.0 PRODUCTS 2.1 MANUFACTURER 2.1.1 PENNINGTON SEED INC. SEED PRODUCTION – 1280 ATLANTA HWY – MADISON, GA 30650,

800-286-6100 (Fax706-342-8071) or approved equal.

DRAFT


2.2 MATERIALS 2.2.1 Mixed sustainable slope seed: Slopemaster by Pennington Seed, Inc. or approved equal applied at a

minimum rate of 50lbs (1.15lbs/1000 square feet) of the warm season mixture and 100lbs (2.25lbs/1000 square feet) of the cool season mixture with the following characteristics. 1. Material: Permanent and temporary seed varieties. 2. Minimum: 5% Durana White Clover. 3. Inert Material: Less than 1%. 4. Other Crop Seed: Less than .5%. 5. Weed Seed: Less than 1%. 6. Coating: Inoculated with Germax Seed Treatment (Rhizokote XL and Apron XL) and MYCO

Advantage coated. 7. Packaging: 25lb Seatac bags.

2.2.2 Flexterra Flexible Growth Medium Fiber Mulch or approved equal: Apply according to manufacturer

recommendations. This product should be applied at a minimum rate of 3000lbs/acre (70lbs/1000 square feet).

2.2.3 Fertilizer: A balanced commercial grade fertilizer of 19-19-19 should be applied at a rate of 250lbs per acre

(5.5lbs/1000 square feet). 2.2.4 Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken

from drained site; free of subsoil, clay or impurities, plants, weeds and roots; pH value between 5.4 and 7.0. 2.2.5 Soil Amendments: The soil amendment Neutra Lime Dry or approved equal should be applied at a rate of

80lbs per acre (1.85lbs/1000 square feet). 2.2.6 Equipment shall have a built in mechanical agitation system and operating capacity sufficient to agitate,

suspend, and homogeneously mix a slurry containing not less than 44lbs or organic mulching amendment plus fertilizer, chemical additives, and solids for each 150 gallons of water.

3.0 EXECUTION 3.1 SUBSTRATE PREPARATION 3.1.1 Examine substrates and conditions where material will be applied. Do not proceed with installation until

unsatisfactory conditions are corrected, only apply product to geotechnically stable slopes that have been designed and built to divert the water shed away from the face of the slope, therefore eliminating surface flow energy from above from damaging the face slope.

3.1.2 Preparation of Subsoil: Prepare subsoil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make changes in grade gradual. Blend slopes into level areas. Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated subsoil Scarify subsoil to a depth of 4 inches where topsoil is to be placed. Repeat cultivation in areas where equipment, used for hauling and spreading topsoil, has compacted sub-soil.

3.1.3 Placing Topsoil: Spread topsoil to a minimum depth of 6 inches over area to be seeded. Rake until

smooth. Place topsoil during dry weather and on dry subgrade. Remove vegetable matter and foreign non-organic material from topsoil while spreading. Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. Install edging at periphery of seeded areas in straight lines to consistent depth.

3.1.4 All slope gradients should be prepared to agricultural standard recommended by the Department of

Agricultural within the state where the work is being performed. Agricultural Lime or pelletized lime should be added during the slope preparation stage at the rate recommended according to soil analysis. Apply agricultural lime or pellet lime at a rate of 2000lbs per acre if no soil analysis has been performed.

DRAFT


3.1.5 Examine related work including irrigation and grading of surface before proceeding with any work and notify the Engineer in writing on conditions which may prevent the proper execution of this work. All grading or tracking on slopes should be performed so that all cleats are running perpendicular to the flow of water down the hill.

3.2 INSTALLATION 3.2.1 Strictly comply with manufacturer’s installation instructions and recommendations.

3.2.2 Mix the seed, soil amendments, and commercial fertilizer with a small amount of the Flexible Growth

Medium or approved equal for visual metering and apply along the areas to be vegetated being sure to apply seed and amendments at the specified rates. Slopemaster or approved equal warm season seed mixture should be applied during the late spring and summer months at a minimum of 50lbs per acre (1.15lbs/1000 square feet). The cool season Slopemaster or approved equal seed mixture should be applied during the fall and early spring at a minimum of 100lbs per acre (2.25lbs/1000 square feet).

3.2.3 Mix and apply the Flexible Growth Medium or approved equal at a rate of 50lbs per 150 gallons of water

over freshly seeded areas. Hydromulch should be applied in multiple directions so that shadowing does not occur and to insure uniformity of the application. Confirm the loading rates with equipment manufacturers. Do not leave seeded surfaces unprotected, especially if precipitation is imminent.

3.2.4 Exercise special care to prevent any of the slurry from being sprayed onto any hardscape areas including

concrete walks, fences, walls, buildings, etc. Remove all slurry sprayed onto these surfaces immediately. 3.3 CLEANING AND PROTECTION 3.3.1 Wash hands after seeding to remove all seed treatment or chemical residue that could be remaining.

3.3.2 Advise owner or engineer of methods for protection of seeded areas.


DRAFT

COMPTON ENGINEERING, INC. SEEDING 218-049.006 02936-1

SECTION 02936 SEEDING

1.0 GENERAL 1.1 The work in this section includes providing all labor, materials, tools, and equipment necessary for preparation

of subsoil, placing topsoil, installation of mulching, fertilizing, and maintenance of grass seed. 1.2 RELATED SECTIONS

Division 01 General Requirements Section 02290 Imported Materials for Foundation, Bedding and Backfill Section 02924 Sodding



1.4 DEFINITIONS 1.4.1 Weeds: Include Dandelion, Jimsonweed, Quackgrass, Horsetail, Morning Glory, Rush Grass, Mustard,

Lambsquarter, Chickweed, Cress, Crabgrass, Canadian Thistle, Nutgrass, Poison Oak, Blackberry, Tansy Ragwort, Bermuda Grass, Johnson Grass, Poison Ivy, Nut Sedge, Nimble Will, Bindweed, Bent Grass, Wild Garlic, Perennial Sorrel, and Brome Grass.

1.5 QUALITY ASSURANCE 1.5.1 Provide seed mixture in containers showing percentage of seed mix, year of production, net weight, date of

packaging, and location of packaging. 1.6 DELIVERY, STORAGE, AND PROTECTION 1.6.1 Deliver grass seed mixture in sealed containers. Seed in damaged packaging is not acceptable. 1.6.2 Deliver fertilizer in waterproof bags showing weight, chemical analysis, and name of manufacturer. 1.7 MAINTENANCE SERVICE 1.7.1 Maintain seeded areas immediately after placement until grass is well established and exhibits a vigorous

growing condition. 2.0 PRODUCTS 2.1 SEED MIXTURE 2.1.1 Seed Mixture: (March 1 to September 1)

Hulled Bermuda Grass: 20 lbs. per acre. Pensacola Bahiagrass: 15 lbs. per acre.

TOTAL 35 lbs. per acre

2.1.2 Seed Mixture: (September to March 1)

Unhulled Bermuda Grass: 20 lbs. per acre. Pensacola Bahiagrass: 15 lbs per acre.

Rye Grass: 15 lbs. per acre. TOTAL 50 lbs. per acre

DRAFT


2.2 SOIL MATERIALS 2.2.1 Topsoil: Fertile, agricultural soil, typical for locality, capable of sustaining vigorous plant growth, taken from

drained site; free of subsoil, clay or impurities, plants, weeds and roots; pH value of minimum 5.4 and maximum 7.0.

2.3 ACCESSORIES 2.3.1 Mulching Material: Oat or wheat straw, free from weeds, foreign matter detrimental to plant life, and dry. Hay

or chopped cornstalks are not acceptable. 2.3.2 Fertilizer: FS O-F-241, Type I , Grade A; recommended for grass, with fifty percent of the elements derived

from organic sources; of proportion necessary to eliminate any deficiencies of topsoil, as indicated in analysis to the following proportions: Nitrogen- 13 percent, phosphoric acid- 13 percent, soluble potash- 13 percent.

2.3.3 Water: Clean, fresh and free of substances or matter which could inhibit vigorous growth of grass. 2.4 TESTS 2.4.1 Testing is not required if recent tests are available for imported topsoil. Submit these test results to the testing

laboratory for approval. Indicate, by test results, information necessary to determine suitability. 3.0 EXECUTION 3.1 EXAMINATION 3.1.1 Verify that prepared soil base is ready to receive the work of this section. 3.2 PREPARATION OF SUBSOIL 3.2.1 Prepare subsoil to eliminate uneven areas and low spots. Maintain lines, levels, profiles and contours. Make

changes in grade gradual. Blend slopes into level areas. 3.2.2 Remove foreign materials, weeds and undesirable plants and their roots. Remove contaminated subsoil. 3.2.3 Scarify subsoil to a depth of 4 inches where topsoil is to be placed. Repeat cultivation in areas where

equipment, used for hauling and spreading topsoil, has compacted sub-soil. 3.3 PLACING TOPSOIL 3.3.1 Spread topsoil to a minimum depth of 6 inches over area to be seeded. Rake until smooth. 3.3.2 Place topsoil during dry weather and on dry subgrade. 3.3.3 Remove vegetable matter and foreign non-organic material from topsoil while spreading. 3.3.4 Grade topsoil to eliminate rough, low or soft areas, and to ensure positive drainage. 3.3.5 Install edging at periphery of seeded areas in straight lines to consistent depth. 3.4 FERTILIZING 3.4.1 Apply fertilizer at a rate of 1000 lbs. per acre. 3.4.2 Apply after smooth raking of topsoil and prior to roller compaction.

3.4.3 Do not apply fertilizer at same time or with same machine as will be used to apply seed. 3.4.4 Mix thoroughly into upper 2 inches of topsoil.

DRAFT


3.4.5 Lightly water to aid the dissipation of fertilizer. 3.5 SEEDING 3.5.1 Apply seed at a rate as specified evenly in two intersecting directions. Rake in lightly. 3.5.2 Do not seed areas in excess of that which can be mulched on same day. 3.5.3 Do not sow immediately following rain, when ground is too dry, or during windy periods. 3.5.4 Roll seeded area with roller not exceeding 112 lbs. 3.6 SEED PROTECTION 3.6.1 Identify seeded areas with stakes and string around area periphery. Set string height to 24 inches. Space stakes

at 48 inches. 3.6.2 Cover seeded slopes where grade is 1:3 or greater with erosion fabric. Roll fabric onto slopes without

stretching or pulling. 3.6.3 Lay fabric smoothly on surface, bury top end of each section in 6 inch deep excavated topsoil trench. Provide

12 inch overlap of adjacent rolls. Backfill trench and rake smooth, level with adjacent soil. 3.6.4 Secure outside edges and overlaps at 36 inch intervals with stakes. 3.6.5 Lightly dress slopes with topsoil to ensure close contact between fabric and soil. 3.6.6 At sides of ditches, lay fabric laps in direction of water flow. Lap ends and edges minimum 6 inches. 3.7 MAINTENANCE 3.7.1 Mow grass at regular intervals to maintain at a maximum height of 2-1/2 inches. Do not cut more than 1/3 of

grass blade at any one mowing. 3.7.2 Neatly trim edges and hand clip where necessary.

3.7.3 Immediately remove clippings after mowing and trimming. 3.7.4 Water to prevent grass and soil from drying out. 3.7.5 Roll surface to remove minor depressions or irregularities. 3.7.6 Control growth of weeds. Apply herbicides in accordance with manufacturer's instructions. Remedy damage

resulting from improper use of herbicides. 3.7.7 Immediately reseed areas which show bare spots. 3.7.8 Protect seeded areas with warning signs during maintenance period.


DRAFT

COMPTON ENGINEERING, INC. CONCRETE REINFORCEMENT 218-049.006 03200-1

SECTION 03200 CONCRETE REINFORCEMENT 1.0 GENERAL 1.1 The Work in this Section shall include furnishing all materials, equipment, and labor necessary for

installation of reinforcing steel bars, wire fabric and accessories for cast-in-place concrete. 1.2 RELATED SECTIONS

Division 01 General Requirements Section 03300 Cast-in-Place Concrete



1.4 REFERENCES

The publications listed below form part of this specification. Each publication shall be the latest revision and addendum in effect on the date this specification is issued for construction unless noted otherwise. Except as modified by the requirements specified herein or the details of the Drawings, Work included in this specification shall conform to the applicable provisions of these publications. American Concrete Institute (ACI) ACI SP-66 Detailing Manual ACI 301 Structural Concrete for Buildings ACI 318 Building Code Requirements for Reinforced Concrete ACI SP-66 American Concrete Institute – Detailing Manual

American Society for Testing and Materials (ASTM) ASTM A82 Cold Drawn Steel Wire for Concrete Reinforcement ASTM A184 Fabricated Deformed Steel Bar Mats for Concrete Reinforcement ASTM A185 Welded Steel Wire Fabric for Concrete Reinforcement ASTM A496 Deformed Steel Wire Fabric for Concrete Reinforcement ASTM A497 Welded Deformed Steel Wire Fabric for Concrete Reinforcement ASTM A615 Deformed and Plain Billet Steel Bars for Concrete Reinforcement. ASTM A617 Axle Steel Deformed and Plain Bars for Concrete Reinforcement ASTM D3963 Standard Specification for Fabrication and Jobsite Handling of Epoxy-Coated Steel

Reinforcing Bars

Concrete Reinforcing Steel Institute (CRSI) CRSI Concrete Reinforcing Steel Institute – Manual of Practice CRSI 63 Recommended Practice for Placing Reinforcing Bars CRSI 65 Recommended Practice for Placing Bar Supports, Specifications and Nomenclature

1.5 SUBMITTALS

The following shall be submitted in accordance with “Section 01330 – Submittals”, in sufficient detail to show full compliance with the specification: SD-01 Shop Drawings: Indicate bar sizes, spacings, locations, and quantities of reinforcing steel and wire fabric, bending and cutting schedules, and supporting and spacing devices. SD-02 Quality Control: a. Manufacturer's Certificate: Certify that products meet or exceed specified requirements.

DRAFT

COMPTON ENGINEERING, INC. CONCRETE REINFORCEMENT 218-049.006 03200-2

1.6 QUALITY ASSURANCE 1.6.1 Perform Work in accordance with CRSI 63, 65 and Manual of Practice. 2.0 PRODUCTS 2.1 MATERIALS 2.1.1 Reinforcing Steel: ASTM A615, 60 ksi yield grade; plain deformed billet steel bars, unfinished. 2.1.2 Stirrup Steel: ASTM A82, unfinished. 2.1.3 Welded Steel Wire Fabric: ASTM A185 Plain Type or coiled rolls; unfinished in accordance with ASTM

D3963. 2.2 ACCESSORIES 2.2.1 Tie Wire: Minimum 16 gage annealed type. 2.2.2 Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for strength and support of reinforcement during

concrete placement conditions including load bearing pad on bottom to prevent vapor barrier puncture. 2.3 FABRICATION 2.3.1 Fabricate concrete reinforcing in accordance with CRSI Manual of Practice ACI SP-66, and ACI 318. 2.3.2 Locate reinforcing splices not indicated on drawings, at point of minimum stress. 3.0 EXECUTION 3.1 PLACEMENT 3.1.1 Place, support and secure reinforcement against displacement. Do not deviate from required position. 3.1.2 Accommodate placement of formed openings.


DRAFT

COMPTON ENGINEERING, INC. EXPANSION AND CONSTRUCTION JOINTS 218-049.006 03251-1

SECTION 03251 EXPANSION AND CONSTRUCTION JOINTS

1.0 SCOPE 1.1 Work Included: 1.1.1 This section covers the work necessary to furnish and install, complete, the expansion and construction joints 1.1.2 See Part 3, 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. 1.2 Submittals During Construction: Submittals shall be made for all material specified in this section. 1.3 Related Work Specified and Performed under other Sections:

Section No. Item

03300 Concrete 2.0 MATERIALS 2.1.1 Water Stops: 2.1.1.1 Plastic Water Stop: 2.1.1.1 Center bulb type, as shown on the drawings, extruded from an elastomeric plastic compound, the basic resin of

which shall be polyvinyl chloride (PVC). The size shall be as shown. Specific gravity shall be approximately 1.37 and the shore durometer Type A hardness, approximately 80. No reclaimed PVC shall be used in the compound. Meet the performance requirements of the Corps of Engineers’ Specification CRD-C-572.

2.1.1.2 Water stop shall have a constant thickness from the edge of the bulb to the outside edge. All water stops shall

have a number of parallel ribs or protrusions on each side of the center of the strip. Corrugated type or tapered water stops are not acceptable. The minimum weight per foot for water stop shall be 0.90 pound for 3/16-inch by 6-inch, 1.62 pounds for 3/8-inch by 6-inch, and 2.30 pounds for 3/8-inch by 9-inch. See drawings for standard water stop geometry.

2.1.1.3 Manufacturers and suppliers who have provided samples meeting the specified geometry and who have the

specified water stop readily available are listed below. Other products shall not be used without prior review and acceptance by the Engineer.

A. Vulcan Metal Products, Inc., Construction Materials Division, No. 1 Irondale Park, P.O. Box 6788,

Birmingham, AL 35210, phone: 205/956-2000; Catalog No. 3/81-15M, Type 8067 for 4-inch by 3/16-inch, Type 8069 for 6-inch by 3/8-inch, and Type 8070 for 9-inch by 3/8-inch.

B. Vinylex Corporation, 2636 Byington-Solway Road, Knoxville, TN 37921, phone: 615/690-2211; Catalog

3.6/VN bound in the 1981 Sweet’s Catalog File, Catalog No. RB6-38H for the 6-inch by 3/8-inch and Catalog No. RB9-38H for the 9-inch by 3/8-inch.

C. Greenstreak Plastic Products, Box 7139, St. Louis, MO 63177, phone: 314/225-9400. These products are also

distributed by the Burke Co., San Mateo, CA. Catalog No. 3.6/GR bound in the 1981 Sweet’s Catalog File, Stype 732 for the 6-inch by 3/8-inch and Style 735 for the 9-inch by 3/8-inch.

D. Fitzgerald Construction Sales, Orangegate Plaza #1, 5405 Garden Grove Blvd., Westminster, CA 92683,

phone: 714/891-3447. The Schlegel Corporation, Rochester, New York Wire Stop Water Stop satisfies all of

DRAFT


the above specifications as to material and geometry except that continuous galvanized wire looping is added at edges for Contractor convenience in positioning and securing in place in the forms. Use approved geometry numbers, 05-151-ACR-4361, 05-151-ACR-6380, 05-151-ACR-9380 as shown on Schlegel Corporation Drawing No. 05-151-ACR dated 11-30-82.

2.2 Backing Rod: Backing rod shall be an extruded closed-cell polyethylene foam rod such as Ethafoam SB,

manufactured by Dow Chemical Company, Midland, MI; or equal. The rod shall be 1/8-inch larger in diameter than the joint width, except that a 1-inch diameter rod shall be used for a ¾-inch wide joint. Where possible, full length sections shall be provided for the joint; splices shall be minimized.

2.3 Bond Breaker Tape for Expansion Joints: Where shown, bond breaker tape shall be an adhesive-backed glazed

butyl or polyethylene tape which will satisfactorily adhere to the premolded joint material or concrete surface as required. The tape shall be the same width as the joint.

2.4 Premolded Joint Filler: 2.4.1 Bituminous Type: Bituminous type conforming to ASTM D 994 or D 1751, unless otherwise shown or

specified. 2.5 Bond Breaker: Bond breaker, except where a tape is specifically called for, shall be either bond breaker tape as

hereinbefore specified or a bond prevention material, nonstaining type, as specified in Section CONCRETE. 2.6 Preformed Control Joint: Preformed control joint shall be a one-piece, flexible, polyvinyl chloride joint former

such as Kold-Seal Zip-Per Strip KSF-150-50-50, manufactured by Vinylex Corp., Knoxville, TN; or equal. The preformed control joint material shall be furnished and installed in full-length unspliced pieces, unless otherwise approved by the Engineer.

2.7.1 Pourable Joint Fillers: 2.7.1.1 Rubber Asphalt Filler: Hot-pour type, conforming to ASTM D 1190. Primer shall be as recommended by the

manufacturer. 2.7.2 Urethane or Polyurethane for Digester: Two-component, pourable, self-leveling, immersible, and compatible

with a pure oxygen environment. Submit certification by oxygen dissolution system supplier that sealants meet these requirements. Poured joint filler shall be Sikaflex 427, as manufactured by Sika Chemical Company, Lyndhurst, NJ; Isoflex 814, as manufactured by H. S. Peterson Company, Pontiac, MI; or equal. Primer shall be as recommended by the manufacturer.

2.7.2 Gun Grade Sealants for Caulked Joints: 2.7.3 General: 2.8.1.1 Only the materials from a single manufacturer shall be used for the same joint. Use of other than one material

for the same joint shall not be allowed, unless approved by the sealant manufacturer. 2.8.1.2 Sealants shall be self-leveling (S/L) for horizontal and sloping joints with a slope less than 2 percent. Nonsag

sealants (N/S) shall be used for steeper sloped joints, vertical joints, and overhead joints. 2.8.1.3 Primer shall be the type recommended by the sealant manufacturer. 2.8.1.4 Color the sealant shall be gray or shall match the color of unpainted exposed surfaces, except that submerged

and road sealants may be either black or gray. 2.8.2 Digester Joint Sealants: 2.8.2.1 General: Sealant shall conform to Federal Specification TT-S-00227E or TT-S-00230B, and shall be

compatible with a pure oxygen environment. Sealants for joints in walls shall be immersible. Submit

DRAFT


certification by oxygen dissolution system supplier that sealants meet these requirements. Sealant for caulked joints shall be Sikaflex la, as manufactured by Sika Chemical Company, Lyndhurst, NJ; Isoflex 907 or 908, as manufactured by H. S. Peterson Company, Pontiac, MI; or equal. Primer shall be as recommended by the manufacturer.

2.8.2.2 Nonsubmerged Joints: 2.8.2.2.1 Joints 1-inch or less in width shall utilize the following sealants: Isoflex 814, Sikaflex 427, or equal. 2.8.2.2.2 Joints greater than 1-inch wide shall utilize the following sealants: Isoflex 2000, for horizontal and vertical

joints, respectively; or equal. 2.9 General Sealants (Other Than Digester): Except where otherwise shown or specified, gun grade sealants shall

be as follows: 2.9.1 Submerged Sealants: Isoflex 908, manufactured by H. S. Peterson Co., Pontiac, MI; or equal. 2.9.2 Nonsubmerged Sealants: 2.9.2.1 Flexible sealants shall be provided for all joints not exposed to water which are subject to structural movement. 2.9.2.2 Joints 1-inch or less in width shall utilize the following sealants: PRC 150, Vulkem 116, or equal. 2.9.2.3 Joints greater than 1-inch wide shall utilize the following sealants: PRC 210 (N/S), PRC 220 (S/L), PRC 270;

or equal. 2.9.2.4 Joints subject to pedestrian or vehicular traffic shall utilize PRC 230; Isoflex 814; or equal. 2.10 Coal-Tar Tape: Coal-tar tape shall be Protecto Wrap 200, manufactured by Protecto Wrap Co., Denver, CO;

Tapecoat CT, manufactured by Tapecoat Company, Inc., Evanston, IL; or equal. 2.11 Steel Expansion Joint Dowels: Dowel bars shall be round smooth steel conforming to ASTM A 36. Coating

on bars shall be System No. 29, Fusion Bonded Coating, per Section 09900. 2.12 Roofing Felt: Thirty-pound asphalt-saturated roofing felt conforming to ASTM D 226, Type II; or a tar-

saturated roofing felt of equal quality at the option of the Contractor. 3.0 WORKMANSHIP 3.1 Installation of Water Stops: 3.1.1 General: 3.1.1.1 Join water stops at all intersections so that a continuous seal is provided. Center the water stop on the joint.

Hold water stop positively in correct position. In the event of damage to the water stop, repair the water stop in an acceptable manner. Vibrate concrete to obtain impervious concrete in the vicinity of all joints.

3.1.1.2 In horizontal joints, ensure that the areas below the plastic water stop are completely filled with concrete. Make

a visual inspection of the entire water stop area during the concrete placement. Limit concrete placement to top of water stop in first pass, vibrate the concrete under the water stop, lift the water stop to confirm full consolidation without voids, then place remaining concrete to full height of slab. Procedure shall apply to full length of plastic water stops.

3.1.2 Water Stops in Construction Joints: 3.1.1 Plastic Water Stop: Provide water stops in all construction joints. Install in accordance with the details shown

and the instructions of the manufacturer. At least 10 minutes shall be allowed before the new splice shall be

DRAFT


pulled or strained in any way. The finished splices shall provide a cross section that is dense and free of porosity with tensile strength of not less than 80 percent of the unspliced materials. All splices shall be inspected by the Owner and Engineer prior to installation.

3.1.2 Splices and Joints: Prior to use of the water stop material in the field, a sample of a fabricated cross

constructed of each size or shape of material to be used shall be submitted to the Engineer for approval. These samples shall be fabricated so that the material and workmanship represent in all respects the fittings to be furnished under this specification. Field splices and joints shall be made in accordance with the water stop manufacturer’s instructions using a thermostatically controlled heating iron.

3.2 Joint Preparation: 3.2.1 General: 3.2.1.1 The joints shall be accurately located and constructed to produce straight joints; and shall be vertical and

horizontal, except where walls intersect sloping floors. 3.2.1.2 The concrete pour shall not commence until after the joint preparation has been inspected and approved by the

Owner and Engineer. 3.2.2 Construction Joints: 3.2.2.1 Prior to replacing the abutting concrete for all construction joints, the contact surface shall be cleaned by

sandblasting or other approved means to remove all latency, expose the aggregate, and roughen surface to a minimum of 1/4 inch amplitude. The exposed portion of the reinforcing steel shall be cleaned of all concrete. The cleaning method shall be conducted so as not to damage the water stop, if one is present. Grout for horizontal construction joints shall be as specified in Section 03300.

3.2.2.2 Roughen the surface of the hardened concrete by one of the following methods: A. Sandblasting the foundation and reinforcing dowels after the concrete has fully cured to remove all latency and spillage, and to expose sound aggregate. B. Water blasting the foundation and reinforcing dowels after the concrete has partially cured to remove all latency and spillage, and to expose sound aggregate. C. Green cutting fresh concrete with high pressure water and hand tools to remove all latency and spillage from the foundation and reinforcing dowels, and to expose sound aggregate. 3.2.3 Location: Joints as shown on the drawings, or as approved. 3.2.4 Time between Pours: At least 2 hours must elapse after depositing concrete in long or high columns and/or

heavy walls before depositing in beams, girders, or slabs supported thereon. For short columns and low height walls, 10 feet or less, wait at least 45 minutes prior to depositing concrete in beams, girders, brackets, column capitals, and haunches shall be considered as part of the floor or roof system and shall be placed monolithically therewith. Where cold joints will result and this joint will be below the finished water surface, provide and install a water stop in the joint.

3.3 Expansion Joints: 3.3.1 General: 3.3.1.1 The premolded joint filler shall be of sufficient width to completely fill the joint space. If a water stop is in the

joint, the premolded joint filler shall be accurately cut to butt tightly against the water stop and the side forms. 3.3.1.2 At locations where joint sealant or filler is to be applied, the premolded joint filler shall be precut to the required depth, see details on drawings.

DRAFT


3.3.1.3 Cavities for joint sealant shall be formed with either precut, premolded joint filler; or smooth, accurately-shaped

material that can be removed. 3.3.1.4 Concrete shall be thoroughly vibrated along the joint form to produce a dense, smooth surface. Surface

irregularities along the joint sealant cavity, due to improper concrete consolidation or faulty form removal, shall be repaired with an approved compound compatible with the joint sealant in a manner that is satisfactory to the sealant manufacturer.

3.3.2 Installation of Bituminous Type Premolded Joint Filler: Drive nails at about 1 foot on centers through the

filler to provide anchors onto the concrete when it is placed. Place premolded joint filler in the forms in the proper position before concrete is poured. Install premolded joint filler in all walks (to provide expansion and contraction joints at not more than 25-foot intervals), at all changes in direction at intersections, and at each side of driveway entrances.

3.3.3 Pourable Joint Filler: 3.3.3.1 General: Install pourable joint fillers in accordance with the manufacturer’s instructions. Thoroughly clean

joints by sandblasting the concrete surfaces of each side of the joint from the plastic water stop to the top of the joint, dry the joint, and remove all dust and foreign material; prime before pouring the filler. Avoid damaging the water stop by sandblasting operations. Primer shall be compatible with the filler material.

3.3.3.2 Rubber Asphalt Type: Heat rubber asphalt filler material in a double-walled boiler and place in the joint by

means of a nozzle. Prevent spillage outside of the joint. Begin pouring joint filler at the bottom of the horizontal joint and proceed upwards in a manner that will preclude the possibility of trapping air in the joint. Use masking tape at each side of joint to assist in cleaning all spillage.

3.3.3.3 Urethane/Polyurethane Types: Install in accordance with written manufacturer’s instructions. Submit

instructions for review prior to purchase. Use masking tape on tope of slabs at sides of joints; clean all spillage.

3.3.4 Gun Grade Sealants: 3.3.4.1 General: 3.3.4.1.1 Just prior to installing the joint sealant, the joint cavity shall be cleaned by sandblasting or power wire

brushing. Install bond breaker tape per manufacturer’s instructions. 3.3.4.1.2 After the joints have been prepared as described above, the joint sealant shall be applied. The primer, if

required, and joint sealant shall be applied only with the equipment and methods recommended by the joint sealant manufacturer.

3.3.4.1.3 Application criteria for the sealant materials, such as temperature requirements, moisture requirements, and

primer cure time, shall be in strict accordance with the recommendations of the sealant manufacturer. 3.3.4.1.4Exposed joints shall have masking tape applied along the edges of the exposed surface. The joints shall be

troweled smooth with a tuck pointing tool wiped with a solvent recommended by the manufacturer. 3.3.4.1.5After the sealant has been applied, the masking tape and any sealant spillage shall be removed. 3.3.5 Preformed Control Joints: 3.3.5.1 The preformed control joints shall be installed straight, flush, or slightly below the top of the slab, and with

equipment and methods approved by the manufacturer of the joint material. 3.3.5.2 Steel preformed tongue-and-groove type shall be adequately braced to withstand pressure of wet concrete.

DRAFT


3.3.6 Steel Expansion Joint Dowels: Install parallel to wall or slab fence and in true horizontal position by securing tightly in forms with rigid ties. Dowels shall be oriented to permit joint movement.

4.0 PAYMENT 4.1 General: Payment for the work in this section will be included as part of the lump sum bid amount stated in

the Bid.

DRAFT

MCC BALLPARK IMPROVEMENTS - City of Pascagoula

Documents

Transcript of MCC BALLPARK IMPROVEMENTS - City of Pascagoula