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Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page i
Project No.: PR2206.401
Rev 1-16-2024
CITY OF CHANDLER, ARIZONA
PICKLEBALL COURTS AT TUMBLEWEED PARK
GMP I
CITY PROJECT NO. PR2206.401
CONSTRUCTION SERVICES AGREEMENT
(CONSTRUCTION MANAGER AT RISK)
__________________________________________________
Daniel Haskins, P.E.
CIP City Engineer
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page ii
Project No.: PR2206.401
Rev 1-16-2024
CITY OF CHANDLER, ARIZONA
Pickleball Courts at Tumbleweed Park GMP I
CITY PROJECT NO.: PR2206.401
TABLE OF CONTENTS
PARTICIPANTS AND PROJECT .............................................................................. 1
AGREEMENT DOCUMENTS .................................................................................. 3
PRE-CONSTRUCTION SERVICES ........................................................................... 3
CONSTRUCTION SERVICES ................................................................................... 3
CITY RESPONSIBILITIES ........................................................................................ 5
AGREEMENT TIME ................................................................................................ 5
AGREEMENT PRICE ............................................................................................... 8
FORCED LABOR OF ETHNIC UYGHURS PROHIBITED ....................................... 8
EXHIBIT A – PROJECT SPECIFIC SPECIAL PROVISIONS .................................................... SP-1
EXHIBIT B – GENERAL CONDITIONS ................................................................................ GC-1
EXHIBIT C – TECHNICAL SPECIFICATIONS ........................................................................ TS-1
EXHIBIT D – ACCEPTED GMP/PRICE PROPOSAL .......................................................... GMP-1
EXHIBIT E – SUBCONTRACTOR’S LIST FORM ................................................................. SUB-1
EXHIBIT F – GIS / GPS DATA DELIVERY REQUIREMENTS (IF APPLICABLE) .................... GIS-1
EXHIBIT G – SUBCONTRACTOR DOCUMENTS WITH CM@RISK ................................. SUBS-1
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page 1
Project No.: PR2206.401
Rev. 1/16/2024
CONSTRUCTION MANAGER AT RISK
CONSTRUCTION SERVICES AGREEMENT
PROJECT NO.: PR2206.401
This Agreement (the “AGREEMENT”) is made and entered into on the ______day of _______________,
2024, (“Effective Date”) by and between City of Chandler, an Arizona municipal corporation,
hereinafter called “City” and Hunter Contracting Co. the “Construction Manager at Risk” or
“CM@Risk” designated below (City and CM@Risk may individually be referred to as “Party”
and collectively referred to as “Parties”).
City and CM@Risk agree as follows:
PARTICIPANTS AND PROJECT
CITY:
CIP City Engineer: Daniel Haskins, P.E.
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407 Chandler, AZ 85244-4008
Phone: 480-782-3335 Email: Daniel.haskins@chandleraz.gov
CITY:
Construction Project Manager: Jason Garcia
Public Works & Utilities Department
P.O. Box 4008, Mail Stop 407 Chandler, AZ 85244-4008
Phone: 480-782-3453 Email: jason.garcia@chandleraz.gov
CM@RISK:
Legal Company Name:
Hunter Contracting Co.
Mailing Address:
701 N. Cooper Road, Gilbert, AZ 85233
Physical Address:
701 N. Cooper Road, Gilbert, AZ 85233
Arizona Roc No.:
ROC070961
Federal Tax Id No.:
86-0172434
State Where Organized:
Arizona
Business Organization:
S Corporation
Statutory Agent Name:
WA Service LLC
Statutory Agent Mailing Address:
2555 E. Camelback Road, Suite 800,
Phoenix, AZ 85016
Statutory Agent Physical Address:
2555 E. Camelback Road, Suite 800,
Phoenix, AZ 85016
CM@Risk’s Authorized Project Representative:
Name:
Michael Gonzales
Title:
Project Manager
Phone:
602-541-0671
Email:
michaelg@huntercontracting.com
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page 2
Project No.: PR2206.401
Rev. 1/16/2024
PROJECT DESCRIPTION:
In response to the increasing popularity of pickleball and the enthusiasm of Chandler
residents for the sport, City approved the design of a new pickleball complex at Tumbleweed
Park in October 2023, located at the southeast corner of east Germann Road and south
Pioneer Parkway. The project includes 18 pickleball courts and accompanying lighting, shade
ramadas, restrooms, practice areas, lighting, equipment storage, drinking fountains, and
parking, as well as the design of an additional 3 tennis courts and accompanying lighting
updates at the adjacent Chandler Tennis Center.
As the design phase of the project is nearing completion, this GMP is for the procurement of
specified construction materials that have been identified as long-lead procurement and/or
considered to be at risk significant cost escalation. The intent of this GMP is to provide
funding authorization for purchase orders of the listed materials to secure current pricing
and to increase the chances of the project being constructed on time and within budget.
PROJECT LOCATION:
Tumbleweed Park at the southeast corner of east Germann Road and south Pioneer
Parkway (745 E. Germann Road, Chandler, AZ 85286).
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page 3
Project No.: PR2206.401
Rev. 1/16/2024
AGREEMENT DOCUMENTS
2.1
AGREEMENT DOCUMENTS
The Agreement between City and CM@Risk will consist of the following Agreement
Documents:
1. This Construction Services Agreement and all of its Exhibits, including Project
Plans and Technical Specifications.
2. General Conditions and General Conditions Appendices, incorporated by
reference.
3. Project Specific Special Provisions as set forth in Exhibit A, incorporated by
reference.
4. Accepted GMP/Price Proposal as set forth in Exhibit D, incorporated by reference.
2.2
In the event of any inconsistency, conflict, or ambiguity between or among the
Agreement Documents, the Agreement Documents will take precedence as described in
Section 14.1.4 of the General Conditions.
2.3
DEFINITIONS
The definitions in Sections 2 and 15 of the General Conditions apply to all the
Agreement Documents, including this Agreement.
PRE-CONSTRUCTION SERVICES
Although CM@Risk has performed Pre-Construction Services pursuant to a separate
Agreement between City and CM@Risk, the completion, quality and accuracy of those services
and the deliverables provided by City thereunder directly impact CM@Risk’s performance of
its obligations under this Agreement. Therefore, all of CM@Risk’s obligations, duties, and
warranties in relation to Pre-Construction Services and deliverables survive completion of the
Pre-Construction Services Agreement and are incorporated herein. Any breach of any of
CM@Risk’s duties, obligations, or warranties under the Pre-Construction Services Agreement
will likewise be considered a breach of this Agreement.
CONSTRUCTION SERVICES
4.1
GENERAL
4.1.1
CM@Risk agrees at its own cost and expense, to do all work necessary and required to
fully, timely and properly complete the construction of the Project in strict accordance
with the Agreement Documents in a good and workmanlike manner, free and clear of
all claims, liens, and charges whatsoever, in the manner and under the conditions
specified, and within the schedule, stated in attached Exhibit A.
Project Name: Pickleball Courts at Tumbleweed Park GMP I
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Project No.: PR2206.401
Rev. 1/16/2024
4.1.2
CM@Risk must provide all of the labor and materials, and perform the Work in
accordance with Section 4 of the General Conditions. Some, but not all, of the major
components of the Construction Services and the corresponding subsections of Section
4 of the General Conditions are set forth below.
4.1.3
This is an Agreement for complete construction services in accordance with the
Construction Manager at Risk method of delivery of construction services. CM@RISK has
participated in the design process and been an active member of the Project Design
Team and is fully aware of any issues and constraints involved in this Construction
Project.
4.1.4
CM@RISK is the CITY’s fiduciary responsible for undertaking all necessary action
contemplated under the Agreement documents to construct the Project and ensure
timely and quality completion of the Project at a cost within the Guaranteed Maximum
Price (GMP).
4.1.5
At all times relevant to this Agreement and performance of the Work, the CM@Risk must
fully comply with all Laws, Regulations, or Legal Requirements applicable to City, the
Project and the Agreement,
including, without limitation, those set forth on attached
Exhibit A.
4.1.6
CM@Risk must perform the Work under this Agreement using only those firms, team
members and individuals designated by CM@Risk consistent with the Statement of
Qualifications dated , the GMP Proposal, or otherwise approved by City pursuant to
the General Conditions. No other entities or individuals may be used without prior
approval of the Project Manager
4.1.7
CM@Risk will comply with all terms and conditions of the General Conditions.
4.1.8
In the event of a conflict between this Agreement and the General Conditions or an exhibit
hereto or appendix thereto, the terms of this Agreement will control.
4.1.9
Ownership of Work Product. Notwithstanding anything to the contrary in this
Agreement, all Work Product prepared or otherwise created in connection with the
performance of this Agreement, including the Work, are to be and remain the property
of City. For purposes of this provision, “Work Product” will include all designs, drawings,
plans, specifications, ideas, renderings and other information or matter, in whatever form
created (e.g., electronic or printed) and in all media now known or hereinafter created.
All Work Product will be considered Work Made for Hire as defined in the United States
Copyright Act 17 U.S.C. § 101 (Copyright Act). If for any reason, any such Work is found
not to be a Work Made for Hire, CM@Risk hereby transfers and assigns ownership of the
copyright in such Work to City. The rights in this Section are exclusive to City in perpetuity.
Project Name: Pickleball Courts at Tumbleweed Park GMP I
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Project No.: PR2206.401
Rev. 1/16/2024
4.2
CM@RISK’S PRE-AGREEMENT AND PRE-WORK DELIVERABLES
4.2.1
The CM@Risk must provide the Deliverables in accordance with Section 4.2 of the
General Conditions.
4.3
PRE-CONSTRUCTION CONFERENCE
Refer to Section 4.3 of the General Conditions.
4.4
PERFORMANCE
OF
THE
WORK
(INCLUDING
FIELD
MEASUREMENTS,
SUBCONTRACTORS, AND SUPPLIERS)
Refer to Section 4.4 of the General Conditions.
4.5
CONTROL OF THE PROJECT SITE
Refer to Section 4.5 of the General Conditions.
4.6
PROJECT SAFETY
Refer to Section 4.6 of the General Conditions.
4.7
MATERIALS QUALITY, SUBSTITUTIONS AND SHOP DRAWINGS
Refer to Section 4.7 of the General Conditions.
4.8
PROJECT RECORD DOCUMENTS
Refer to Section 4.8 of the General Conditions.
4.9
WARRANTY AND CORRECTION OF DEFECTIVE WORK
Refer to Section 4.9 of the General Conditions.
CITY RESPONSIBILITIES
5.1
City will have the responsibilities, and provide the information specified in, and subject
to the conditions set forth in, Section 5 of the General Conditions.
AGREEMENT TIME
6.1
GENERAL
6.1.1
The Agreement Duration is 365 Calendar Days.
6.1.2
The Agreement Time will start with the Notice to Proceed (NTP) and end with Final
Acceptance, as set forth in Article 6.4 below. The Notice to Proceed cannot be issued until
approval and acceptance by City of the GMP or Fixed Price.
Project Name: Pickleball Courts at Tumbleweed Park GMP I
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Project No.: PR2206.401
Rev. 1/16/2024
6.1.3
The Agreement Time will be as set forth in the Project Schedule. CM@Risk agrees that
it will commence performance of the Work and complete the Project through Final
Acceptance within the Agreement Time.
6.1.4
Time is of the essence of this Agreement for the Project, and for each phase and
designated Milestone thereof.
6.2
PROJECT SCHEDULE
6.2.1
The Project Schedule approved as part of the GMP Proposal and incorporated herein as
part of the attached Exhibit D must be updated and maintained throughout CM@Risk’s
performance under this Agreement in accordance with Section 6.2 of the General
Conditions.
6.2.2
Failure on the part of CM@Risk to adhere to the approved Project Schedule will be
deemed a material breach and sufficient grounds for termination of this Agreement by
City.
6.2.3
Work must be completed to meet the following milestones after the Notice to Proceed:
Milestone
Time
Liquidated damages for delay
1.
n/a
within
n/a
$n/a
per calendar day
6.3
SUBSTANTIAL COMPLETION
Substantial Completion must be achieved no later than the Substantial Completion Date
set forth in the Project Schedule. Substantial Completion will be determined in
accordance with Section 6.3 of the General Conditions.
6.4
FINAL ACCEPTANCE
6.4.1
Final Acceptance will be obtained within the time period set forth in the Project Schedule.
6.4.2
Final Acceptance will be issued pursuant to Section 6.5 of the General Conditions.
6.5
LIQUIDATED DAMAGES
6.5.1
Substantial Completion Liquidated Damages. CM@Risk acknowledges and agrees that
if CM@Risk fails to obtain Substantial Completion of the Work within the Agreement
Time, City will sustain extensive damages and serious loss as a result of such failure. The
exact amount of such damages will be extremely difficult to ascertain. Therefore, City
and CM@Risk agree that if CM@Risk fails to achieve Substantial Completion of the Work
within the Agreement Time, City will be entitled to retain or recover from CM@Risk, as
Project Name: Pickleball Courts at Tumbleweed Park GMP I
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Project No.: PR2206.401
Rev. 1/16/2024
liquidated damages and not as a penalty, the sum per calendar day as indicated in MAG
§ 108.9.
6.5.2
Final Acceptance Liquidated Damages. For the same reasons set forth in Article 6.5.1
above, City and CM@Risk further agree that if CM@Risk fails to achieve Final Acceptance
of the Work within the Agreement Time, City will be entitled to retain or recover from
CM@Risk, as liquidated damages and not as a penalty, the sum per calendar day as
indicated in MAG § 108.9 commencing from the actual date of Substantial Completion or
Final Acceptance as required under the Agreement.
6.5.3
MAG Liquidated Damages. If no liquidated damages are specified in Articles 6.5.1 or 6.5.2
above, then the liquidated damages provisions in MAG § 108.9 will apply.
6.5.4
City may deduct liquidated damages described in this Article 6.5 from any unpaid
amounts then or thereafter due CM@Risk under this Agreement. Any liquidated damages
not so deducted from any unpaid amounts due CM@Risk will be payable to City at the
demand of City, together with interest from the date of the demand at the highest lawful
rate of interest payable by CM@Risk.
6.6
MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES ONLY
6.6.1
CM@Risk and City waive claims against each other for consequential damages arising
out of or relating to this Agreement. This mutual waiver includes:
6.6.1.1 Damages incurred by City for rental expenses, for losses of use, income, profit, financing,
business and reputation, and for loss of management or employee productivity or of
the services of such persons; and
6.6.1.2 Damages incurred by CM@Risk for principal office expenses including the compensation
of personnel stationed there, for losses of financing, business and reputation, and for loss
of profit except anticipated profit arising directly from the Work.
6.6.2
This mutual waiver is applicable, without limitation, to all consequential damages due
to either Party’s termination of this Agreement. Nothing contained in this Article 6.6
will be deemed to preclude an award of liquidated damages, when applicable, in
accordance with Article 6.5 above.
6.6.3
Nothing herein will be deemed to constitute a waiver of any other remedy available to
City in the event of CM@Risk’s default under this Agreement prior to full performance of
the Work including, as applicable, specific performance or completion of the Work on
behalf of CM@Risk, the cost and expense of which will be offset against any monies
then or thereafter due to CM@Risk (if any) and otherwise immediately reimbursed to
City by CM@Risk.
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page 8
Project No.: PR2206.401
Rev. 1/16/2024
AGREEMENT PRICE
7.1
AGREEMENT PRICE
7.1.1
In exchange for CM@Risk’s full, timely, and acceptable performances and construction of
the Work under this Agreement, and subject to all of the terms of this Agreement, City
will pay CM@Risk the “Agreement Price,” which:
The sum of the CM@Risk’s Fee and reimbursable Cost of the Work, as defined in Section
15 of the General Conditions, which the CM@Risk guarantees will not exceed the GMP
set forth in Exhibit D in the amount of $1,776,697.99. Costs which would cause the
GMP to be exceeded must be paid by CM@Risk without reimbursement from City.
7.1.2
The Agreement Price is all-inclusive and specifically includes all fees, cost, insurance and
bond premiums, allowances, construction contingency, owner’s contingency, and taxes
of any type necessary to fully, properly and timely perform and construct Work.
7.2
CHANGES TO AGREEMENT PRICE
Shall be determined under Section 9 of the General Conditions.
FORCED LABOR OF ETHNIC UYGHURS PROHIBITED
8.1
FORCED LABOR OF ETHNIC UYGHURS PROHIBITED. By entering into this
Agreement, Contractor certifies and agrees Contractor does not currently use and
will not use for the term of this Agreement: (i) the forced labor of ethnic Uyghurs in
the People's Republic of China; or (ii) any goods or services produced by the forced
labor of ethnic Uyghurs in the People's Republic of China; or (iii) any contractors,
subcontractors or suppliers that use the forced labor or any goods or services
produced by the forced labor of ethnic Uyghurs in the People's Republic of China.
SIGNATURE PAGE TO FOLLOW
EXHIBIT A
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page SP-1
Project No.: PR2206.401
Rev. 1/16/2024
PROJECT SPECIFIC
SPECIAL PROVISIONS
4.2.7 Aerial Construction Photography
General Conditions Section 4 Subsections 4.2.7.1 & 4.2.7.2 are not applicable to this
project.
4.2.8 Government Approvals and Permits
General Conditions Section 4 Subsection 4.2.8.1, City permit fees will be paid internally
by the City and all other fees will be the responsibility of the Contractor.
Subletting of Agreement
Contractor must perform, with his own organization, work amounting to not less than 50
percent of the total Agreement cost.
Failure to submit Subcontractor’s List Form, demonstrating self-performance not less than
50 percent of the total Agreement cost, will cause the bid to be deemed non-responsive.
Contractors should contact the Arizona Registrar of Contractors for information on license
requirements.
EXHIBIT B
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page GC-1
Project No.: PR2206.401
Rev. 10/23/23
GENERAL CONDITIONS
GENERAL CONDITIONS
Approved date: July 20, 2022
Revised: 7/20/2022
GC-2 of 75
TABLE OF CONTENTS
SECTION 1 - SCOPE OF THESE GENERAL CONDITIONS ............................................................................... 3
SECTION 2 - GENERAL DEFINITIONS ............................................................................................................ 3
SECTION 3 - STANDARD SPECIFICATIONS AND DETAILS ........................................................................... 7
SECTION 4 - CONT R ACT OR’S R ES PONS IBILIT IES FOR CONST RUCT ION SE RVIC ES .................................. 8
SECTION 5 - CITY RESPONSIBILITIES .......................................................................................................... 27
SECTION 6 - AGREEMENT TIME ................................................................................................................... 29
SECTION 7 - AGREEMENT PRICE .................................................................................................................. 35
SECTION 8 - PAYMENT ................................................................................................................................. 35
SECTION 9 - CHANGES TO THE AGREEMENT ............................................................................................. 40
SECTION 10 - SUSPENSION AND TERMINATION ...................................................................................... 43
SECTION 11 - INSURANCE AND BONDS ..................................................................................................... 44
SECTION 12 - INDEMNIFICATION ............................................................................................................... 49
SECTION 13 - DISPUTE RESOLUTION .......................................................................................................... 49
SECTION 14 - MISCELLANEOUS PROVISIONS ............................................................................................ 50
SECTION 15 - PROVISIONS APPLICABLE SOLELY TO GMP AND COST-BASED AGREEMENTS, CHANGE
ORDERS, AND JOB ORDERS ......................................................................................................................... 57
SECTION 16 - PROVISIONS APPLICABLE SOLELY TO JOB ORDER AGREEMENTS (JOC) ........................ 61
SECTION 17 - PROVISIONS APPLICABLE SOLELY TO PRE-CONSTRUCTION SERVICES FOR
CONSTRUCTION MANAGER AT RISK .......................................................................................................... 66
SECTION 18 - APPENDICES ...................................................................................................... APP-1 of 30
Appendix 1 – Policy Statement for Calculating Delays and Damages
Appendix 2 – Cost Reduction Incentive Proposals for Design Bid Build Agreements
Appendix 3 – Contractor’s Affidavit Regarding Settlement of Claims
Appendix 4 – Forms of Performance Bond
Appendix 5 – Forms of Payment Bond
Appendix 6 – Dispute Resolution
Appendix 7 – Certificate of Completion
Appendix 8 – Construction Sign Detail
Appendix 9 – Cost of the Work (Applicable solely to Construction Manager at Risk and
Job Order Contracting)
Appendix 10 Landscape Establishment Period
General Conditions
Revised: 7/20/22
GC-3 of 75
SECTION 1 - SCOPE OF THESE GENERAL CONDITIONS
These General Conditions encompass provisions that apply, and are incorporated into all
construction Agreements entered into by the City of Chandler, unless otherwise specifically excluded in
the executed Agreement.
SECTION 2 - GENERAL DEFINITIONS
Allowance : A specific amount for a specific item of Work, if any, that City agrees has not been sufficiently
designed, detailed, or selected (including design changes from 90% to 100% as authorized by and at
the discretion of the City) at the time the Agreement Price is agreed to for Contractor to provide a definitive
price.
Alternate Systems Evaluations or Alternative Analysis: Alternatives for design, means and methods or
other scope considerations that are evaluated using value analysis principles and have the potential to
reduce construction costs while still delivering a quality and functional Project that meets City
requirements.
Change Order: A written instrument issued after execution of the Agreement Documents signed by
City and Contractor, stating their agreement upon all of the following: the addition, deletion or revision
in the scope of services or deliverables; the amount of the adjustment to the Agreement Price, the
extent of the adjustment to the Agreement Time, or modifications of other agreement terms. The
Agreement Price and the Agreement Time may be changed only by Change Order.
Consultant: Person or firm that provides professional services.
City (Owner or OWNER): City of Chandler, a municipal corporation, with whom Contractor has entered
into the Agreement and for whom the Work or Services are to be provided pursuant to the Agreement(s).
Contingent Bid Items: This is a minor bid item which is likely, but not certain, to occur during the course
of work. If the Engineer determines that this work is required, the Contractor will accomplish the work
and payment will be made based on the contingent unit bid price included in the proposal. Since the
quantity listed in the proposal is primarily for bid comparison, the amount of work required by the
Engineer may vary materially from this.
Agreement: The written agreement executed between City and Contractor, including all of the Agreement
Documents.
Agreement Documents: The documents which together form the Agreement between City and
Contractor, as identified in Article 2 of the Agreement, or are otherwise incorporated into the
Agreement, including the Agreement, the exhibits thereto, these General Conditions, any Notice to
Proceed, and any Job Order (if applicable), the Plans and Specifications, Project Schedule, written
and properly executed Change Orders, MAG Specifications and City’s amendments thereto, and any
other documents so designated in the Agreement.
Agreement Price: The agreed-upon price to be paid to Contractor for full, timely, and acceptable
completion of the Work or Services under the terms of the Agreement.
Agreement Time(s): The number of calendar days or the dates related to the applicable phase,
Substantial Completion, or Final Acceptance as stated in Agreement Documents. Agreement Time starts
General Conditions
Revised: 7/20/22
GC-4 of 75
with the Notice to Proceed (NTP) and ends with Final Acceptance. The Agreement Time is set forth in
the Agreement and is based upon the Project Schedule agreed to by City in writing.
Contractor: The person or business association with whom City has entered into an agreement for
construction related Work or Services in relation to the Project at issue.
Contractor Payment Request: The form that is accepted by City and used by Contractor in requesting
progress payments or final payment and which must include such supporting documentation as is
required by the Agreement Documents or City.
Construction Budget: The City’s budget for construction of the Project.
Construction Documents: The Plans, Specifications, and Drawings prepared and issued by the Design
Professional and approved by City for construction, meaning the documents are sealed by the
Design Professional (as required), acceptable for permitting and incorporated into the Agreement by
this reference. All amendments and modifications to the Construction Documents must be approved in
writing by City prior to incorporation into the Agreement.
Cost of the Work: The term Cost of the Work will mean costs necessarily incurred by Contractor in the
proper performance of the Work. Such costs will be at rates not higher than the standard paid at the
place of the Project except with prior consent of City.
Critical Path Method (CPM): A scheduling technique which identifies the logical sequence of the activities
occurring in a Construction Project, the anticipated time required to complete each activity in the
Project, and the activities that must be completed on schedule to finish the Project within the anticipated
time. Typically, activities are arranged in a network that shows both activities and their dependencies.
CPM is also used as a management technique which enables contracting parties to predict when
activities may occur so that resources can be effectively used and limitations can be identified.
Critical Path: Critical Path is the sequence of project network activities which add up to the longest overall
duration. Once established in the Project Schedule, the Critical Path for the Project must not be
changed without prior written approval of City.
Day: Calendar day(s) unless otherwise specifically stated in the Agreement Documents.
Design Professional: The qualified, licensed person, firm or corporation who furnishes design and
construction administration services required under the Agreement Documents. These services may
include, but are not limited to: development of Construction Drawings and Documents, review of
Contractor Submittal(s), review of and response
to
Requests for Information, approval and
certification of progress payment
applications,
construction administration, and construction
agreement close out.
Differing Site Conditions: Concealed or latent physical conditions or subsurface conditions at the Site
that, (i) materially differ from the conditions indicated in the Agreement Documents, or (ii) are of an
unusual nature, differing materially from the conditions ordinarily encountered and generally recognized
as inherent in the Work at the general area of the Site. Caliche, rock, hard-digging or sandy/silty soil
encountered on a project is not considered a “Differing Site Condition.”
Drawings (Plans): Documents, which visually represent the scope, extent and character of the Work to
be furnished and performed by Contractor during the construction phase and which have been prepared
General Conditions
Revised: 7/20/22
GC-5 of 75
or approved by the Design Professional and City. These documents include Drawings that have reached
a sufficient state of completion and released by Design Professional solely for the purposes of review
and use in performing constructability or bid-ability reviews by Contractor and in preparing cost
estimates (e.g. Master Planning and Programming, Schematic Design, Design Development, and
Construction Drawings), but “not for construction.” Shop Drawings are not Drawings as so defined.
Final Acceptance: The City’s acceptance of the facility or project from the Contractor after all Work is
completed, tested, and inspected in accordance with the Agreement requirements. Final Acceptance
results in a Letter of Acceptance (LOA).
Fixed Price: A fixed price or amount for an Agreement Price, Scope of Work, materials, or other item
under an Agreement, Change Order, or other agreement, which City agrees, in writing, to pay instead
of the actual cost.
Float: The number of Days by which an activity can be delayed without lengthening the Critical Path and
extending the Agreement Time. Unless otherwise expressly agreed in writing, all Float belongs to City.
Laws, Regulations, or Legal Requirements: Any and all applicable laws, rules, regulations, ordinances,
codes and orders applicable to the Project of any and all governmental bodies, agencies, authorities
and courts having jurisdiction and any applicable provisions of the Development Agreement for the
Project (if any), including, without limitation, those provisions relating to the design and construction
of the Project.
Line Item: The individual elements of Work identified on a bid or other schedule and associated with a
price or a unit price and quantity particular to that individual element of the Work. Also refers to
individual items of work within the Schedule of Values.
Liquidated Damages: Designated damages for the City to collect as compensation upon a specific breach
(example: late delivery).
Long-Lead Item: Long-lead item refers to the equipment, product, or system that is identified at the
earliest stage of a project to have a delivery time long enough to affect directly the Critical Path/the overall
lead time of the project.
MAG: The Maricopa Association of Governments.
MAG Specifications: The most current version of the Uniform Standard Specifications for Public Works
Construction published by MAG.
MAG Standard Details: The most current version of the Uniform Standard Details as published by MAG.
Minor change: A change in the Work having no impact on cost or time or the City-approved design intent,
as determined by City.
Notice to Proceed (NTP): A written notice given by City to Contractor fixing the date on which
Contractor will start to perform Contractor’s obligations under the Agreement.
Project: The Project specified in the Agreement (including a Job Order).
Project Manager: The Project Manager designated in Article 1 of the Agreement, or any successor thereto
General Conditions
Revised: 7/20/22
GC-6 of 75
designated by City. The Project Manager has the authority to act on behalf of City, as delineated and
limited by the Agreement Documents and applicable law. And City will communicate with Contractor
through the Project Manager. However, the Project Manager has no authority to bind City or City
Council in contravention of any City code, State or Federal statute or regulation, or these General
Conditions.
Project Schedule: The schedule for the completion of the Project agreed to and required by City.
Project Specific Conditions: Additional conditions which apply to the specific Project and Scope of Work
which are set forth in Exhibit D of the Agreement.
Project Team: The Project Team consisting of the Design Professional, Contractor, Project Manager, and
such others as City may designate.
Punch List: The list initially prepared by Contractor pursuant to the Agreement Documents, reviewed
and supplemented by the Project Manager (and at the sole option of the Project Manager, the Design
Professional) and approved by City containing items of incomplete work not impacting Substantial
Completion, if allowed for under the Agreement, and to be completed or corrected by Contractor after
Substantial Completion and before Final Acceptance in accordance with the Agreement Documents.
Quality Assurance (QA) Testing: Testing performed to verify the accuracy and applicability of the QC
testing results and to ascertain that the materials installed meet the specified levels of quality in
accordance with the Agreement Documents.
Quality Control (QC) Testing: Testing performed to assure that the materials installed comply with the
requirements in the Agreement Documents.
Requests for Information (RFIs): Formal written request from Contractor to City or Design Professional
for the Project seeking clarification or additional information needed for Contractor to properly
complete the Work or Services under the Agreement. City may require RFI’s to be submitted on a specific
form or in a specified format.
Schedule of Values (SOV): The specified document prepared by Contractor, and approved and accepted
by City, which divides the Agreement Price into pay items, such that the sum of all pay items equals
the Agreement Price for the construction phase Work, or for any portion of the Work having a separate
specified Agreement Price.
Scope of Work: The scope of work agreed to or required by City and incorporated into the Agreement as
Exhibit A.
Shop Drawings: All drawings, diagrams, schedules and other data specifically prepared for the Work
by Contractor or a Subcontractor, Sub-subcontractor, manufacturer, supplier or distributor to
illustrate some portion of the Work.
Site: The land or premises on which the Project is located.
Specifications: The part(s) of the Agreement Documents for the construction phase consisting of written
technical descriptions of materials, equipment, construction systems, standards and workmanship as
applied to the Work and certain administrative details applicable thereto. Where specified, the Project
must be constructed using the current Uniform Standard Specifications and Details for Public Works
General Conditions
Revised: 7/20/22
GC-7 of 75
Construction as furnished by the Maricopa Association of Governments, as amended by City.
Subconsultant: A person, firm or corporation having an Agreement with Consultant/Contractor to
furnish services required as its independent professional associate or consultant with respect to the
Project.
Subcontractor: An individual or firm having a direct Agreement with Contractor or any other individual or
firm having an Agreement with the aforesaid contractors at any tier, who undertakes to perform a part
of pre-construction services or construction phase Work at the Site for which Contractor is responsible.
Subcontractors must be selected
through the Subcontractor selection process described in the
Agreement Documents, if any.
Substantial Completion: The date when the City determines that the Work (or separable units of Phases
as provided in the Agreement Documents) is essentially and satisfactorily complete in accordance with
the Agreement Documents such that the Project is ready for use by the City for its intended purpose,
opening to the general public, full occupancy or use by City (including, without limitation, all separate
units, or rooms, facilities, access, income-generating areas, and all areas serving the general public, as
applicable, must be ready for full operation without material inconvenience or discomfort), including, to
the extent applicable to the Work, the following: all materials, equipment, systems, controls, features,
facilities, accessories, and similar elements are installed in the proper manner and in operating
condition, inspected, and approved; surfaces have been painted; masonry and concrete cleaned with
any sealer or other finish applied; utilities and systems connected and functioning; site work
complete; permanent heating, ventilation, air conditioning, vertical transportation, and other systems
properly operating with proper controls; lighting and electrical systems installed, operable and
controlled; paving completed, signage installed, and other work as applicable, has been performed to
a similar state of essential and satisfactory completion.
Supplier: A manufacturer, fabricator, distributor, or vendor having a direct Agreement with Contractor
or with any Subcontractor to furnish materials or equipment to be incorporated in the construction
phase Work by Contractor or any Subcontractor.
Total Float: Number of Days by which pre-construction services or construction phase Work or any part
of the same may be delayed without necessarily extending a pertinent Agreement Time or schedule
milestone in the Project Schedule.
Work: The entire completion of construction or the various separately identifiable parts thereof,
required to be furnished during the construction phase. Work includes and is the result of performing
or furnishing labor and furnishing and incorporating materials, resources and equipment into the
construction, and performing or furnishing services and documents as required by the Agreement
Documents for the construction phase.
Writing: Typing, printing, photography and other modes of representing or reproducing words in a
visible form, including email, and expressions.
SECTION 3 - STANDARD SPECIFICATIONS AND DETAILS
3.1
City operates under the latest revision of the MAG Specifications and MAG Standard
Details as amended by City. City’s current amendment to the MAG Specifications, part of
the City’s Unified Development Manual, may be found and downloaded from City’s website
at http://www.chandleraz.gov.
General Conditions
Revised: 7/20/22
GC-8 of 75
3.2
Copies of the MAG Specifications and MAG Standard Details are available at the
Maricopa Association of Governments office, 302 N. 1st Avenue, Suite 300, Phoenix,
Arizona.
They
may
also
be
downloaded
from
their
website
at:
http://www.azmag.gov/Newsroom/Publications
3.3
The MAG Specifications and Standard Details and City’s amendments thereto are
incorporated into the Agreement by this reference.
SECTION 4 - CONT R ACT OR’S R ES PONS IBILIT IES FOR CONST RUCT ION SE RVIC ES
4.1
GENERAL
4.1.1
Contractor must construct the Work in accordance with the Agreement Documents and as
outlined in Exhibit A of the Agreement to the satisfaction of City, exercising the degree of
professional care, skill, diligence, quality and judgment that a professional construction
manager engaged, experienced and specializing in the construction management of
construction and facilities of similar scope, function, size, quality, complexity and detail in
urban areas throughout the United States comparable to Chandler, Arizona would exercise
at such time, under similar conditions. Contractor must, at all times, perform the Work in
conformance with sound and generally accepted engineering principles and construction
management and construction contracting practices.
4.1.2
If Contractor observes errors, discrepancies or omissions in the Agreement Documents,
Contractor must promptly notify the Design Professional and City and request clarification.
If Contractor, with the exercise of reasonable care, should have recognized such error,
inconsistency, omission, or difference and fails to report it to City, and if Contractor
proceeds with the Work affected by such observed errors, discrepancies or omissions,
without receiving such clarifications, Contractor does so at its own risk and will be liable to
City for damages resulting from proceeding without clarification.
4.1.3
Project Team and agents of each of them, testing agencies and governmental agencies with
jurisdictional interests will be provided access to the Work at reasonable times for their
observation, inspection, and testing. Contractor must provide proper and safe conditions
for such access.
4.1.4
Contractor must comply with, and require all Subcontractors to comply with, the Arizona
Contractors’ license laws, including all requirements with respect to being duly registered
and licensed.
4.1.5
Contractor must ensure that all employees performing any Work for which Contractor is
responsible have a legal right to live and work in the United States. In addition, all
compensation of any such employee must meet all applicable requirements of the Fair Labor
Standards Act (FLSA) and Federal Minimum Wage laws.
4.1.6
Contractor must comply with the Immigration Reform and Control Act of 1986 (IRCA).
Contractor understands and acknowledges the applicability of the IRCA activities.
Contractor agrees to comply with the IRCA while performing their work and to permit City
inspection of Contractor personnel records to verify such compliance.
4.1.7
Pursuant to MAG Specifications §§ 107.4, Contractor must report immediately any discovery
of archeological ruins or artifacts. Excavation must stop immediately so that City can decide
on the pertinent steps to follow such discovery.
General Conditions
Revised: 7/20/22
GC-9 of 75
4.1.8
All property owners that may be affected by the proposed construction activities must be
notified of the scope, duration of the construction activities and possible interference with
their day-to-day activities by Contractor prior to start of construction. In addition, individual
residential or commercial interferences, such as driveway restrictions, water outages, and
all other Work adjacent to residence/business, require 48-hour notification in advance of
specific adjoining Work. Notification may be through door hangers or other procedures
approved by the City.
4.1.9
Access must be maintained to adjacent properties at all times during construction. Where
property has more than one point of access, no more than one access will be restricted or
closed at any one time. Access to adjacent private driveways will be maintained during all
non-working hours.
4.1.10
Contractor must furnish and erect construction signs in accordance with Project
Specifications. The signs must be professionally prepared and subject to approval by City,
must be maintained by Contractor for the duration of the project, and must be removed by
Contractor during the final project clean up.
4.1.11
The number of signs required, the size, shape, installation requirements and information to
be included for construction signs is established on the detail sheet, provided, however,
signs must be a minimum of 4 foot by 8 foot and must be installed so that the bottom of
the sign is at least 4 foot above grade. No direct payment will be made for furnishing and
erecting construction signs. The cost thereof must be included in other items for which
direct payment is made. Sign locations will be determined by City.
4.1.12
All required construction signs must be installed by Contractor within 7 Days of Notice to
Proceed.
4.1.13
The Work to be accomplished under these Agreement Documents has been designed for
City by a Design Professional retained by City for this purpose. It is understood that normal
construction Administration for the purpose of interpretation of the Agreement Documents
is provided by City. Should any services of the Design Professional be required to assist in
the corrections of errors or omissions by Contractor, or services of the Design Professional
be required because of changes in structure or equipment where Contractor has requested
approval of substitute methods or material, or any other items detailed herein below, those
services will be provided by the Design Professional at the standard hourly rates previously
negotiated with City and must be paid for by the Contractor.
4.1.14
Contractor must reimburse City for costs incurred by the Design Professional for additional
services to the Project through no fault of City or the Design Professional including, but not
limited to, the following conditions:
a. Additional Site visits, investigations, inspections, design work or reports by
the Design Professional which are required due to damages to existing
facilities or completed Work caused by the Contractor in his performance,
Contractor’s negligence, or Contractor’s Work which is rejected as defective
or as failing to conform to the Agreement Documents;
b. Design Professional construction phase services rendered on the project
during the time the project remains incomplete after the Agreement date of
final completion will be charged to Contractor at a rate previously negotiated
City; and
General Conditions
Revised: 7/20/22
GC-10 of 75
c. All retesting required due to the failure of Contractor’s Work to meet the
requirements of the Agreement Documents will be at Contractor’s expense.
All standby and travel time by the City’s testing lab, the Design Professional
or City due to Contractor’s inability to be prepared for testing at the agreed
upon time will be at the Contractor’s expense.
4.1.15
City may withhold from any payment otherwise due to Contractor any amounts necessary
to pay the Design Professional for such additional services as provided herein above.
4.1.16
Contractor will not be required to bear additional costs incurred by City due to errors by the
Design Professional.
4.2
CONTRACTOR’S PRE-AGREEMENT AND PRE-WORK DELIVERABLES
4.2.1
Prior to award of the Agreement, Contractor must execute Agreement and deliver to City.
Failure to do so may delay Agreement award. Contractor must also provide to City its
Contractor’s License classification and number and its Federal Tax I.D. number.
4.2.2
Before beginning any Work under the Agreement, Agreement must be fully executed by
City.
4.2.3
After Agreement award, City will issue to Contractor an award letter. At that time Contractor
must deliver to City such bonds and certificates of insurance with endorsements in such
amounts (and other evidence of insurance requested by City) required under Section 11 of
these General Conditions, and as the Agreement requires.
4.2.4
As evidence of Workmen’s Compensation Insurance, Contractor must, upon request,
provide a letter of certification from the Industrial Commission of Arizona that Contractor
is insured by the State Compensation Fund or is an authorized self-insurer or a certificate
of insurance issued by an insurance company authorized by the Insurance Department
of Arizona to write Workmen’s Compensation and Occupational Disease Insurance in the
State of Arizona.
4.2.5
Within 10 Days of the date of the executed Agreement letter issued by City, Contractor must
submit to City for review and acceptance the following items:
4.2.5.1
Comprehensive construction Project Schedule including a Critical Path Method (CPM)
diagram schedule as described in Section 6.2. Project Schedule must be in Microsoft Project
standard file format. Within 10 Days of receipt of City’s comments, Contractor must make
all required corrections, adjustments, and additions to complete the Project Schedule and
resubmit to City for review.
4.2.5.2
Preliminary schedule of submittals and Shop Drawings. Within 10 Days of receipt of City’s
comments, Contractor must submit the corrected and completed schedule of Shop
Drawings submissions for approval. Contractor’s schedule of Shop Drawings and sample
submittals will be acceptable to City if it provides a workable arrangement for reviewing and
processing the required submittals.
4.2.5.3
Schedule of Values in a form specified by City reflecting the subcontracts and other
categories that will be used to submit Pay Applications for the Work. The total amount of
the Schedule of Values must not be greater than the Agreement Price. The Schedule of
Values will be reviewed at the Pre-Construction Conference and revised by Contractor within
10 Days after Pre-Construction Conference in response to comments and questions from
General Conditions
Revised: 7/20/22
GC-11 of 75
City.
Once accepted by City in writing, the Schedule of Values for the Project must not be
changed without the prior written approval of City.
4.2.6
Video Recording Requirement. Prior to performing any Work, Contractor must document
the existing conditions of the Site, all other areas where Work will occur and all adjacent
areas that may be impacted by the Work via digital video format. Contractor must video
record and index all areas, features, buildings and other public and private improvements
that could potentially be impacted by the Work. Video recording must be coordinated with
City. When video recording private property, Contractor must also coordinate the video
recording with the private property owner, if possible. Contractor must provide City with a
copy of said digital video format prior to performing any Work.
4.2.7
Aerial Drone Construction Photography.
4.2.7.1
If Agreement duration is greater than 90 calendar days, Contractor must engage a
professional unmanned aerial vehicle (UAV) aerial pilot to photograph the Site prior to
construction mobilization, at three-month intervals during construction, and following final
inspection. Drone camera specifications must meet the following minimum requirements:
a. 1-inch CMOS
b. Pixels: 20M
c. FOV 84 8.8 mm/24 mm (35 mm format equivalent) f/2.8-f/11 auto focus at 1 m-
d. For photographing: 16.9 Aspect Ratio: 5472x3078
e. For video shooting: MP4/MOV/H.264
f.
FHD: 1920x1080 120p @100Mbps
g. File format: High Definition (HD) JPEG for digital photos and HD MPEG 4 for
digital video.
h. All metadata to be recorded including GPS data and preserved with photographs
provided.
Interval
JPEG
3 month intervals
At an altitude (AGL) between
70-90 ft.
3 month intervals
Images to be taken every 50-
100 ft. to be determined based
on project scope.
4.2.7.2
Drone photos to be taken in sequential geographical order and then organized and provided in
the same manner unless otherwise specified.
4.2.7.3
Photos to be provided digitally via an online file share service and/or by a USB drive to contractor.
4.2.7.4
Drone pilots to obey ALL local (city, county, state) UAV regulations as well as FAA UAV
guidelines including, but not limited to, conducting all flights during daylight hours, not exceeding
maximum altitude ceilings (depending on area), not flying over people, yielding to other aircraft.
4.2.7.5
Drone pilots must fly drone within visual line of sight (VSOL) and have visual spotter when
needed. Drone pilots only to operate in favorable weather conditions when minimum visibility is
3 miles or greater.
4.2.7.6
Drone pilots to conduct a preflight checklist and visually inspect the entire flight path prior to flying
to ensure a safe flight.
General Conditions
Revised: 7/20/22
GC-12 of 75
4.2.7.7
Airspace Authorizations. Operations in Class G airspace are allowed without air traffic control
(ATC) permission. Operations in Class B, C, D and E airspace need ATC authorization. Drone
pilots to schedule each flight in advance and based on airspace if required will notify nearby
airports/control towers, etc.
4.2.8
Government Approvals and Permits.
4.2.8.1
Contractor must obtain all necessary permits for the Work and pay all applicable fees,
unless otherwise noted on the Plans and in the Specifications. City permit fees will be paid
internally by City. For bidding purposes, an allowance for all permit fees is included in the
bid schedule under the item “allowance for permit fees.” The Contractor will be paid for
the actual cost of the permit fees upon submitting a receipt showing the fee Contractor
has paid. Excluded from the above allowance are items such as all costs incurred by the
Contractor in securing the permit except for the actual permit fee established by the
agency, cost for all shutdowns or outages, cost for pole bracing, cost of permits for
construction water, cost of construction water, cost for any additional insurance
requirements, cost for any licenses, and other similar type costs. Contractor is specifically
notified of the need to obtain the necessary environmental permits or file the necessary
environmental and regulatory permit notices.
4.2.8.2
Copies of all permits and the associated notices must be provided to City prior to starting
the permitted activity.
4.3
PRE-CONSTRUCTION CONFERENCE
4.3.1
Prior to the commencement of any Work, City will schedule a Pre-Construction Conference.
4.3.2
The purpose of this Conference is to establish a working relationship between Contractor,
the utility firms, and various City agencies. The agenda will include critical elements of the
Work schedule, submittal schedule, cost breakdown of major lump sum items, Payment
Requests and processing, coordination with the involved utility firms, and emergency
telephone numbers for all representatives involved in the course of construction.
4.3.3
Minimum attendance by Contractor at any mandatory meeting with City must be (1)
Contractor’s Representative, who is authorized to execute and sign documents on behalf
of the firm, (2) Contractor’s on-site Superintendent, and (3) Contractor’s Safety Office,
or other employee responsible for safety.
4.4
PERFORMANCE OF THE WORK (INCLUDING FIELD MEASUREMENTS,
SUBCONTRACTORS, AND SUPPLIERS)
4.4.1
Unless otherwise provided in the Agreement Documents to be the responsibility of City or a
separate Contractor, Contractor must provide through itself or Subcontractors the
necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery,
temporary utilities and other temporary facilities to permit Contractor to complete the
Work consistent with the Agreement Documents.
4.4.2
Contractor must perform all construction activities efficiently and with the requisite
expertise, skill and competence to satisfy the requirements of the Agreement Documents.
Contractor must at all times exercise complete and exclusive control over the means,
methods, safety, sequences and techniques of construction.
4.4.3
Contractor’s Superintendent must be present at the Site at all times that material Work
General Conditions
Revised: 7/20/22
GC-13 of 75
under this Agreement is taking place. Contractor’s Superintendent or designee must be
present at the Site at all times any other Work under this Agreement is taking place.
Superintendent must not be replaced without written notice to City. Whenever the
Superintendent is not present at a particular part of the Work where the City or Design
Professional may desire to inform the Contractor relative to interpretation of the Drawings
and Specifications or to disapproval or rejection of materials or Work performed, the City
or Design Professional may provide such information in writing to the foreman or other
worker in charge of the particular part of the Work in reference to which the information is
given. Information so given will be as binding as if given to the Superintendent.
4.4.4
All elements of the Work must be under the direct supervision of a foreman or his
designated representative on the Site who must have the authority to take actions required
to properly carry out that particular element of the Work.
4.4.5
Working Hours. Except in connection with the safety or protection of persons or the Work
or property at the Site or adjacent thereto, and except as otherwise indicated, all Work at
the Site must be performed during regular working hours, and Contractor will not permit
overtime work or the performance of Work on Saturday, Sunday or any legal holiday without
City’s written consent given after prior written notice to City. If it will become absolutely
necessary to perform Work at night or on Saturdays, Sundays or legal holidays, the City
must be informed at least 24 hours in advance of the beginning of performance of such
Work. Only such Work will be done at night as can be done satisfactorily as determined by
the City. Good lighting and all other necessary facilities for carrying out and inspecting the
Work must be provided and maintained at all points where such Work is being done.
Further, unless such non-normal work hours are performed at City’s request or required by
the Agreement Documents, Contractor must pay to City all additional costs incurred by City
by reason of such non-normal working hours. Expenses incurred by City for overtime
compensation must be reimbursed by Contractor as follows: (i) City staff at the rate set forth
in current City Fee Schedule as published on City website, (ii) Design Professional and staff
at the standard hourly rates previously negotiated with City, and (iii) all others at actual cost
plus ten percent administrative overhead. Such costs may be deducted by City from any
payments due to Contractor. Provided, however, if overtime work or work during other
than normal hours is at the request of City and not due to Contractor delay, City will pay the
cost of City overtime expenses.
4.4.6
Where the Agreement Documents require that a particular product be installed or applied
by an applicator approved by the manufacturer, it is Contractor’s responsibility to ensure
the Subcontractor employed for such work is approved by the manufacturer. All materials
and equipment must be stored, applied, installed, connected, erected, used, cleaned and
conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier or distributor, except as otherwise provided in the Agreement Documents; but no
provisions of any such instructions will be effective to impose on City of Design Professional
responsibility for the means, methods, techniques, sequences or procedures of
construction or for safety precautions incident thereto.
4.4.7
Before starting the Work, Contractor must carefully study and compare the various
Plans, Drawings, other Agreement Documents, and Specifications relative to that portion
of the Work, as well as the information furnished by City, must take field measurements of
any existing conditions related to that portion of the Work and must observe any conditions
at the Site affecting it. The exactness of grades, elevations, dimensions, or locations given
on any Drawings, or the Work installed by other contractors, is not guaranteed by City.
General Conditions
Revised: 7/20/22
GC-14 of 75
4.4.8
Before ordering materials or doing Work, Contractor and each Subcontractor must verify
measurements at the Site and will be responsible for the correctness of such
measurements. No extra charge or compensation will be allowed because of differences
between actual dimensions and the dimensions indicated on the Agreement Documents,
including the Drawings.
4.4.9
Ground Level Construction Photography.
4.4.9.1
The Contractor must furnish progress photographs of the project. The photographer
selected by the Contractor must be approved by the City and must be either a commercial
photographer or an individual experienced and equipped for such photography.
4.4.9.2
The Contractor must deliver to City all photographs taken during that period with each
application for payment. If the current photographs do not accompany the application, the
application will not be reviewed and will be returned to the Contractor as incomplete.
4.4.9.3
Photographs must be identified by use of typewritten labels affixed to the back of the
photograph. The label must provide a description of the view, the direction from which the
photograph was taken, the name of the project, City’s project number, the name of
Contractor and the date of the photography. The stationing must also be included for all
pipeline installations.
4.4.9.4
Photographs must be taken during the construction period and must be of aesthetic
composition and depict the progress of the Work from the beginning of construction
through and including the finished product. City may vary the specified frequency so that
significant progress or changes can be recorded on the photographs.
4.4.10
Underground Facilities.
4.4.10.1
The existence and number of facilities as shown on the Plans are estimated from
information furnished by the particular utility. Contractor is responsible for field verification
and location of all utilities prior to the start of construction. No field work will be allowed to
start until Contractor has contacted Arizona 811 and all affected utilities have been located.
In addition, Contractor must expose and physically locate all potentially conflicting utilities
prior to construction. The actual locations of the utilities must be compared to locations
shown on the Plans and any required changes in alignment and grade must be made at the
time of construction in consultation with Project Manager. It is generally recognized and
Contractor should anticipate that information from Arizona 811 or information from utility
companies during project design, frequently fails to disclose all underground facilities. The
fact that more utility lines or other underground facilities are located in the Project Site than
shown on the Project Plans does not constitute an “unforeseen Condition” and such
undisclosed underground facilities do not differ materially from the conditions which
Contractor should expect. The provisions of Sections 105.4, 105.6, 107.11 and 109.8.1 of the
MAG Uniform Standard Specifications for Public Works Construction apply and are
incorporated herein by this reference.
4.4.10.2
Contractor is responsible for all coordination with utility companies. The provisions of
Sections 105.4, 105.6, 107.11 and 109.8.1 of the MAG Uniform Standard Specifications for
Public Works Construction strictly apply and no additional compensation will be paid to
Contractor for delays due to utility work on the project.
4.4.11
Relocation of Existing Water Meters. When a service line has been extended and a line
General Conditions
Revised: 7/20/22
GC-15 of 75
setter installed in a meter box, City forces will re-install meter. No compression fittings will
be utilized.
4.4.12
Water Turn-On or Turn-Off.
4.4.12.1
Contractor must coordinate all water line turn-ons and turn-offs through the City.
Application must be made to the Municipal Utility Division and Contractor must pay the
established charges. The City will close existing valves, but will not guarantee a bone-dry
Shutdown.
4.4.12.2
Contractor must notify all customers affected by the turn-off not less than 48 hours in
advance. Notification must be in writing, must give the reason for the turn-off and must
give the estimated time and duration that water service will be interrupted. Contractor is
also notified that water turn-off will not be permitted on the Day before and after
Thanksgiving Day and Christmas Day.
4.4.12.3
No direct payment will be made to Contractor for turn-ons or turn-offs. Costs associated
therewith will be included in other items for which direct payment is made.
4.4.13
Tests and Inspections.
4.4.13.1
Contractor must give City timely (at a minimum, twenty-four hours) notice of readiness of
the Work for all required inspections, tests or approvals. Contractor must give timely notice
to City in advance of backfilling or otherwise covering any part of the Work so that city
representative may, if desired, observe such part of the Work before it is concealed.
Whenever Contractor varies the normal period during which Work or any portion of it is
carried on each Day, Contractor must give timely notice to City so that city representative
may, if desired, be present to observe the Work in progress. If Contractor fails to give such
timely notice, any Work done in the absence of city representative will be subject to
rejection. If Contractor gives such notice to City, but then is not ready for such inspections,
tests, approvals or observations at the time so noticed, Contractor must reimburse City for
all costs incurred by the attendance of city representatives.
4.4.13.2
If any law, ordinance, rule, regulation, code, or orders of any public body having jurisdiction
requires any Work (or part thereof) to be inspected, tested or approved, Contractor (unless
another party is specified in the Agreement Documents) must assume full responsibility
therefor, pay all costs in connection therewith and furnish City the required certificates of
inspection, testing, or approval. Contractor must also be responsible for and must pay all
costs in connection with any inspection or testing required by the Specifications in
connection with City's acceptance of a manufacturer, fabricator, supplier or distributor of
materials or equipment proposed to be incorporated in the Work, or of materials or
equipment submitted for approval prior to Contractor's purchase thereof for incorporation
in the Work. The cost of all other inspections, tests and approvals required by the
Agreement Documents will be paid by City (unless otherwise specified).
4.4.13.3
All inspections, tests or approvals other than those required by law, ordinance, rule,
regulation, code or order of any public body having jurisdiction must be performed by
organizations acceptable to City and by the Design Professional if so specified.
4.4.13.4
Neither observations by City, the Design Professional nor inspections, tests or approvals by
others will relieve Contractor from their obligations to perform the Work in accordance with
the Agreement Documents.
General Conditions
Revised: 7/20/22
GC-16 of 75
4.4.14
Uncovering Work. If any Work that is to be observed, inspected, tested or approved is
covered without written concurrence of City, it must, if requested by City be uncovered for
observation. Unless Contractor has given City timely notice of Contractor's intention to
cover such Work and City has not acted with reasonable promptness in response to such
notice, Contractor must furnish all necessary labor, material and bear all the expenses of
such uncovering, exposure, observation, inspection and testing and of satisfactory
reconstruction, including compensation for additional professional services, and an
appropriate deductive Change Order will be issued.
4.4.15
In all cases of interconnection of its Work with existing or other Work, Contractor must verify
at the Site all dimensions relating to such existing or other Work. Any errors due to
Contractor’s failure to so verify all such grades, elevations, locations or dimensions must
be promptly rectified by Contractor without any increase in the Agreement Price. Any
design errors or omissions noted by
Contractor during this review must be reported
promptly to City.
4.4.16
Contractor must establish and maintain all construction grades, lines, levels, and
benchmarks, and will be responsible for accuracy and protection of same. This Work
must be performed or supervised by a licensed civil engineer or surveyor in the State of
Arizona.
4.4.17
Contractor must photograph all buried piping of greater than four (4) inches in diameter
prior to backfill.
4.4.18
Contractor is responsible for the proper performance of the work of Subcontractors and any
acts and omissions in connection with such performance. Nothing in the Agreement
Documents is intended or deemed to create any legal or contractual relationship
between City and any Subcontractor or Sub-Subcontractor, including but not limited to any
third-party beneficiary rights.
4.4.19
Contractor must coordinate the activities of all Subcontractors. Contractor must
coordinate performance of the Work with City’s Public Works & Utilities Department and
other departments or agencies within City. The Design Professional and other contractors
or parties involved in the Project. If City performs other work on the Project or at the Site with
separate contractors under City’s control, Contractor agrees to cooperate and coordinate
its activities with those of such separate contractors so that the Project can be completed
in an orderly and coordinated manner without unreasonable disruption.
4.4.20
Contractor will not substitute or change any Subcontractor or Supplier without the prior
written approval of City. Any substitute or replacement Subcontractor or Supplier must
be required to meet the same qualifications and selection criteria and process as the
original Subcontractor or Supplier. If a Subcontract/Supplier selection plan has been
approved by City, Contractor will follow that plan unless otherwise approved by City in
writing.
4.4.21
Contractor must not change or replace any members of its Project team, including
Contractor’s Representative, Project Manager, or Superintendent, without an explanation for
the change being given to City, and receiving prior written approval of the change from City,
which approval will not be unreasonably withheld.
4.4.22
Subcontractors whose scope of work has a value greater than 15% of the total Agreement
Price are required to furnish performance and payment bonds to Contractor, unless
General Conditions
Revised: 7/20/22
GC-17 of 75
otherwise approved in writing by City.
4.4.23
Contractor must comply with MAG Specification § 108.2 (E) unless otherwise specified in
Agreement Documents.
4.5
CONTROL OF THE PROJECT SITE
4.5.1
Throughout all phases of construction, including suspension of Work, Contractor must keep
the Site reasonably free from debris, trash and construction wastes to permit Contractor to
perform its construction services efficiently, safely and without interfering with the use of
adjacent land areas.
Prior to Final Acceptance of the Work, or a portion of the Work,
Contractor must remove all debris, trash, construction wastes, materials, equipment,
machinery and tools arising from the Work or applicable portions thereof to permit City
to occupy the Project or a portion of the Project for its intended use.
4.5.2
Contractor must take whatever steps, procedures or means necessary to prevent dust
nuisance due to construction operations. The dust control measures must be maintained
at all times to the satisfaction of City and in accordance with the requirements of the
Maricopa County Bureau of Air Pollution Control Rules and Regulations.
4.5.3
Contractor must maintain Americans with Disabilities Act (ADA) and American National
Standards
Institute (ANSI) accessibility requirements during construction activities,
including
without
limitation compliance with the 2010 regulations governing
implementation of the ADA to the extent applicable.
ADA and ANSI accessibility
requirements must include, but not be limited to, parking, building access, areas of refuge,
and emergency exit paths of travel. Contractor i s responsible for the coordination of all
Work to minimize disruption to residents and the public.
4.5.4
Only materials and equipment used directly in the Work will be brought to and stored on the
Site by Contractor. When equipment is no longer required for Work, it must be removed
promptly from the Site. Protection of construction materials and equipment stored at the
Site from weather, theft, damage and all other adversity is solely the responsibility of the
Contractor.
4.5.5
Contractor agrees all persons working on the Site must act at all times in the best interest
of the Project and will comply with all applicable rules and regulations reasonably set forth
by City related to the Site. Notwithstanding the foregoing or anything in this Agreement to
the contrary, City may remove from the Site any individual who City deems in their
reasonable discretion to be creating a disturbance or causing any problem on the Site.
4.5.6
Contractor will be responsible to City for the acts and omissions of Contractor’s employees,
Subcontractors and their agents and employees, and any other person performing any of
the Work under an Agreement with Contractor, or claiming by, through or under Contractor,
for all damages, losses, costs and expenses resulting from such acts or omissions.
4.5.7
City may conduct criminal, drive history, and all other requested background checks of
Contractor and Subcontractor personnel performing Work or who have access to City’s
information, data, or facilities in accordance with City’s current background check policies,
or the provisions of the Project Specific Conditions. Any officer, employee or agent that
fails to background check must be replaced immediately.
4.5.8
City will have a final authority, based upon security reasons: (i) to determine when
General Conditions
Revised: 7/20/22
GC-18 of 75
security clearance of Contractor’s and Subcontractor’s personnel is required; (ii) to determine
the nature of the security clearance, up to and including fingerprinting personnel; and
(iii) to determine whether or not any individual or entity may provide Services or perform
Work under the Agreement.
4.5.9
If City objects to any personnel for any reasonable cause, then Contractor must, upon notice
from City, remove such individual from the Project.
4.6
PROJECT SAFETY
4.6.1
The Project and all Work performed in relation thereto is governed by applicable provisions
of the federal laws, including but not limited to, the latest amendments of the following:
a. Williams-Steiger Occupational Safety & Health Act of 1970, Public Law, 91-596.
b. Part 1910 and Part 1926 – Occupational Safety and Health Standards,
Chapter XVII of Title 29, Code of Federal Regulations.
c. Part 1518 – Safety and Health Regulations for Construction, Chapter XIII of
Title 29, Code of Federal Regulations.
4.6.2
Contractor is responsible for safety of the job Site for employees of Contractor as well
as for members of the general public and others who may drive or walk through or be at
the Site.
4.6.3
Contractor recognizes the importance of performing the Work in a safe manner so as to
prevent damage, injury or loss to: (i) all individuals at the Site, whether working or visiting;
(ii) the Work, including materials and equipment incorporated into the Work and stored On-
Site or Off-Site; and (iii) all other property at the Site or adjacent thereto, including trees,
shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for
removal, relocation or replacement in the course of construction; and (iv) the owners or
tenants of adjacent property and their patrons, employees and invitees.
4.6.4
Contractor assumes responsibility for implementing and monitoring all safety precautions
and programs related to the performance of the Work.
4.6.5
Contractor must provide a “competent person’ as required by O.S.H.A regulations. The
“competent person” must be identified at the Pre-Construction Conference with City
advised in writing of any changes.
4.6.6
The “competent person” must make routine daily inspections of the Site and must hold
weekly safety meetings with Contractor’s personnel, Subcontractors and others as
applicable.
4.6.7
Contractor and Subcontractors must comply with all legal and regulatory requirements
relating to safety, as well as any City specific safety requirements set forth in the Agreement
Documents, provided that such City-specific requirements do not violate any applicable
legal and regulatory requirements.
4.6.8
Contractor will immediately report in writing any safety-related injury, loss, damage or
accident arising from the Work to Project Manager and, to the extent mandated by Legal
Requirements, to all government or quasi-government authorities having jurisdiction over
safety-related matters involving the Project or the Work.
General Conditions
Revised: 7/20/22
GC-19 of 75
4.6.9
Contractor’s responsibility for safety under this Section is not intended in any way to
relieve Subcontractors and Sub-Subcontractors of their own contractual and legal
obligations and responsibility for (i) complying with all Legal Requirements, including those
related to health and safety matters, and (ii) taking all necessary measures to implement
and monitor all safety precautions and programs to guard against injury, losses, damages
or accidents resulting from their performance of the Work.
4.6.10
As between City and Contractor, Contractor is responsible to City for any and all the safety
issues relating to the Work on the Project. Contractor must administer and manage the
safety program. This will include, but not necessarily be limited to review of the safety
programs of each Subcontractor. Contractor must monitor the establishment and
execution of compliance with all applicable regulatory and advisory agency construction
safety standards. Contractor’s responsibility for review, monitoring, and coordination of the
Subcontractor’s safety programs will not extend to direct control over execution of the
Subcontractors’ safety programs. Notwithstanding Contractor’s safety obligations to City,
it is agreed and understood that each individual Subcontractor will remain controlling
employer responsible for the safety programs and precautions applicable to its own work
and the activities of other’s work in areas designated to be controlled by such Subcontractor
for purposes of workers compensation insurance coverage.
4.6.11
Nothing in this agreement will relieve Contractor of his responsibility to maintain traffic,
structures, etc., as noted on the Plans, Specifications, and Project Specific Conditions.
Contractor is responsible to provide all necessary shoring, bracing and trench support as
is necessary to maintain traffic structures, etc., as stipulated in the Plans, Specifications, and
Special Provisions. If the stability of adjoining building, walls, roadways, etc., is endangered
by Contractor’s excavation, shoring, bracing, or under pinning must be provided as
necessary to ensure project safety. Cost for shoring, bracing, underpinnings, and trench
support will be included in the appropriate items listed in the Agreement Price, and no
additional payment will be made for this work.
4.7
MATERIALS QUALITY, SUBSTITUTIONS, AND SHOP DRAWINGS
4.7.1
Quality Control and Quality Assurance Testing.
4.7.1.1
All construction materials to be used or incorporated in the Project are subject to
inspection, Quality Control & Quality Assurance Testing, and approval or rejection by City.
Any material rejected by City must be removed immediately and replaced in an acceptable
manner to City at no additional cost to City. When QC/QA tests indicate noncompliance
with the Agreement Documents, retesting must be performed by the same testing
laboratory that performed the tests that indicated noncompliance.
4.7.1.2
The Contractor must establish, provide, and maintain an effective Quality Control Testing
Program (QCTP). The Contractor must develop his own program or procure the services of
a consultant. In either case, the party performing the tests must be currently certified by the
National Bureau of Standards in the National Voluntary Laboratory Accreditation Program
(NVLAP) for construction
services or the AASHTO Accreditation Plan (AAP) for Soils,
Asphalt and Concrete. The Contractor must provide all support necessary to perform QC
and QA testing and sampling (i.e. shoring for testing trench backfill, backhoes, motor
graders, loaders, etc. to facilitate testing and sampling). The City will perform the QA testing.
4.7.1.3
The Contractor must submit a written QCTP to the City as a required submittal. The
Contractor must not begin Work until the Quality Control Program has been reviewed and
General Conditions
Revised: 7/20/22
GC-20 of 75
accepted by the City. Resumes of all personnel that will be associated directly or indirectly
with the QCTP must be included.
4.7.1.4
The QCTP must include, but not be limited to, on-site/field and laboratory testing of all
material delivered to the Site and any existing materials or conditions pertinent to the
project.
4.7.1.5
All testing must be under the direction of a Professional Engineer registered in the State of
Arizona, knowledgeable in Materials Testing. All “Test Report” forms must be stamped by
said Engineer.
4.7.1.6
The written QCTP will set forth the responsibilities of the engineer, project manager,
supervisory personnel and each technician assigned to this project. Substitutions or
replacement of personnel must require prior written approval by the City. All personnel must
be proficient within their assigned duties and possess certification(s) commensurate with
their position and responsibilities. The minimum certification(s) for each technician must
be NICET Level II, Arizona Technical Testing Institute, American Concrete Institute, or other
nationally recognized program applicable to the project and approved by the City of
Chandler. The written QCTP must include a description of the required field and
construction materials laboratory tests, including required frequencies that meet the
minimums established herein.
4.7.1.7
The Contractor must establish a system to record and report all material test results. The
daily test reports must include, but not be limited to:
a. Test designation;
b. Date of test;
c. Name of tester;
d. Location of test/sample (station and offset);
e. Product suppliers and product codes (as applicable);
f.
Depth/elevation of test/sample;
g. Test result;
h. Control requirement(s);
i.
Cause of rejection (if applicable);
j.
Results of retests (if applicable); and
k. Remedial action (if applicable).
4.7.1.8
The Contractor must submit test results to the designated City representative.
4.7.1.9
The Contractor must also submit a weekly report to the City summarizing the testing
and construction activities completed by emailing the report to the email addresses noted
above. All weekly reports must be submitted simultaneously to the Contractor and the
City of Chandler. The report must include individual summary sheets for each utility line,
structure, and portion of the pavement section. Cores must be numbered sequentially
throughout the Project. Re-cores must reference the original core by number and must
contain the averaged values for thickness and density. Total pavement thickness must be
reported. Vertical location of tests for underground utilities must indicate the depth of the
General Conditions
Revised: 7/20/22
GC-21 of 75
excavation at the location of the test (i.e., cut to flow line [if applicable], depth to bottom
or top of pipe, etc.). Density tests must be numbered sequentially. If the minimum number
of tests has not been performed per the written QCTP, this must be stated in the weekly
summary report with an explanation of the circumstances.
4.7.1.10
The City will maintain a copy of the Project test results and weekly reports in the Project
file. In cases where quality control activities do not comply with the Agreement provisions,
the City may:
a. Order the Contractor to replace ineffective or unqualified quality control
personnel.
b. Order the Contractor to stop operations until appropriate corrective action is
taken.
4.7.1.11
Although minimum testing requirements are specified herein, the Contractor bears full
responsibility for the quality of the materials and their installation and may elect to
perform additional testing beyond the requirements set forth herein to ensure compliance.
4.7.1.12
The Quality Control requirements contained in this Section are in addition to and separate
from Quality Assurance Testing, which will be performed by the City of Chandler or its
representative. If the Quality Assurance test results are not in agreement with the Quality
Control test results, the Contractor will have the option to retain a third party consultant for
referee tests. The third party consultant must meet the same requirements as the
consultant performing the Quality Control Testing. The results of the third party will be
binding. All cost incurred by the referee testing will be the Contractor’s expense. If the
Contractor elects not to retain a third party for referee testing, the City of Chandler test
results will prevail.
4.7.1.13
Except as otherwise noted within this Section, Work or materials required by this Section are
non- pay items. Per MAG Section 101, a non-pay item is an item of Work for which no
separate payment will be made, the cost of which is to be included as an incidental cost
for associated item(s) included on the Bid Schedule or Schedule of Values.
4.7.2
Trade Names and Substitutions.
4.7.2.1
Substitutions prior to bid will only be considered if in compliance with Arizona Revised
Statute § 34-104.
4.7.2.2
Contractor, if requested by City, must submit Samples or any additional information that
may be necessary to evaluate the acceptability of the substitution.
4.7.2.3
City will make the final decision and will notify Contractor in writing as to whether the
substitution has been accepted or rejected.
4.7.2.4
If City does not respond within 15 working days, Contractor must continue to perform the
Work in accordance with the Agreement Documents and the substitution will be considered
rejected.
4.7.3
Shop Drawings.
4.7.3.1
Contractor must prepare and submit Shop Drawings which show details of all Work to insure
proper installation of the Work using those materials and equipment specified under the
approved Plans and Specifications.
General Conditions
Revised: 7/20/22
GC-22 of 75
4.7.3.2
Contractor must submit a schedule of Shop Drawing submissions, which avoids bulk
submissions to the extent reasonably possible, with the Project Schedule for City approval.
The schedule of Shop Drawing submissions must include all of the items for which Shop
Drawings are required by the Agreement Documents, including the Specifications. Unless
otherwise noted, Shop Drawings will not be required for items specified or detailed in
the Uniform Standard Specifications and Details or the Technical Specifications.
4.7.3.3
Shop Drawings must be numbered consecutively for each Specification section and must
accurately and distinctly present the following:
a. All working and erection dimensions.
b. Arrangements and sectional views.
c. Necessary details, including complete information for making connections
between work under this Agreement and work under other Agreements.
d. Kinds of materials and finishes.
e. Parts list and description thereof.
4.7.3.4
Each Drawing or page must include:
a. Project Name, City of Chandler Project Number and descriptions.
b. Submittal date and space for revision dates.
c. Identification of equipment, product or material.
d. Name of Contractor and Subcontractor.
e. Name of Supplier and Manufacturer.
f.
Relation to adjacent structure of material.
g. Physical dimensions clearly identified.
h. ASTM and Federal Specifications references.
i.
Identification of and justification for deviations from the Agreement
Documents.
j.
Contractor’s stamp, initialed or signed, dated and certifying the review
of submittal, certification of field measurements and compliance with
Agreement.
k. Location at which the equipment or materials are to be installed.
4.7.3.5
Location will mean both physical location and location relative to other connected or
attached material. City will return unchecked any submittal, which does not contain
complete data on the Work and full information on related matters.
4.7.3.6
Stock or standard drawings will not be accepted for review unless full identification and
supplementary information is shown thereon in ink or typewritten form.
4.7.3.7
Contractor must schedule, prepare and submit all Shop Drawings in accordance with a time-
table
that will allow its suppliers and manufacturers sufficient time to fabricate,
manufacture, inspect, test and deliver their respective products to the project Site in a
timely manner so as to not delay the complete performance of the Work.
General Conditions
Revised: 7/20/22
GC-23 of 75
4.7.3.8
If the Shop Drawings show departures from the Agreement requirements, Contractor
must make specific mention thereof in the Letter of Transmittal; otherwise review of such
submittals by City will not constitute review of the departure. Review of the Drawings will
constitute review of the specific subject matter for which the Drawings were submitted
and not of any other structure, material, equipment, or apparatus shown on the Drawings.
4.7.3.9
The review of Shop Drawings will be general and will not relieve Contractor of responsibility
for the accuracy of such Drawings, nor for the proper fitting and construction of the Work,
nor for the furnishing of materials or Work required by the Agreement. No construction
called for by Shop Drawings will be initiated until such Drawings have been reviewed and
approved by City.
4.7.3.10
The procedure in seeking review of the Shop Drawings will be as follows:
a. Contractor must submit complete sets of Shop Drawings and other
descriptive data as specified in this Section.
b. After Contractor’s submittal or resubmittal of Shop Drawings, if Contractor
has submitted Shop Drawings in accordance with the City-approved
submittal schedule, or upon resubmission, City will be provided with three
(3) calendar weeks for review. Should City require additional review time
above and beyond the three (3) calendar weeks, Contractor may ask for a
time extension or monetary compensation, if they can present valid, factual
evidence that actual damages were incurred by Contractor. City will
determine
the amount of the time extension or the monetary
compensation to be awarded Contractor, if any, in accordance with City’s
Policy Statement for Calculating Delays and Damages, Appendix 1.
4.7.3.11
Contractor will be responsible for all extra costs incurred by City caused by Contractor’s
failure to comply with the procedure outline above.
4.7.4
Long Lead Time Items. Contractor must submit Shop Drawings, as required by the Engineer,
on all long lead items to be furnished and installed as part of the project within 10 Days
after the date of the executed Agreement letter issued by City. In addition,
Contractor must order all long lead items to be furnished and installed as part of this
Project within 3 Days after receiving approved Shop Drawings. For all long lead times for
which Shop Drawings are not required, Contractor must order said long lead items within
15 Days after the date of the executed Agreement letter issued by City. Within 2 Days
after ordering long lead items, Contractor must supply copies of all purchase orders,
along with an accurate delivery schedule from the supplier.
4.7.5
Construction Water. If Contractor uses water from City’s water system for construction
water, Contractor must obtain a fire hydrant meter from City of Chandler Utility Services
(480-782-2280) and all construction water must be obtained through the hydrant meter.
Contractor must pay all fees related to the hydrant meter and all water bills for construction
water. All cost for meters and construction water will be included in the Agreement Price.
4.8
PROJECT RECORD DOCUMENTS
4.8.1
During the construction period, Contractor must maintain at the jobsite a full-size set of
prints of the Construction Document Drawings and Shop Drawings for Project Record
Document purposes.
General Conditions
Revised: 7/20/22
GC-24 of 75
4.8.2
Contractor must mark these Drawings to indicate the actual installation where the installation
varies from the original Construction Documents. Contractor must give particular attention
to information on elements that will be concealed, which would be difficult to identify or
measure and record later. Items required to be marked include but are not limited to:
a. Dimensional changes to the Drawings.
b. Revisions to details shown on Drawings.
c. Locations and depths of underground utilities.
d. Revisions to routing of piping and conduits.
e. Actual equipment locations.
f.
Changes made by Change Order or Addendum.
g. Details not on original Agreement Drawings.
4.8.3
Contractor must mark completely and accurately Project Record Drawing sets of
Construction Documents.
4.8.4
Contractor must mark Project Record Drawings sets with red erasable colored pencil.
4.8.5
Contractor must note Request for Information (RFI) Numbers and Change Order numbers,
etc., as required to identify the source of the change to the Construction Documents.
4.8.6
Contractor must submit Project Record Drawing sets and Shop Drawings to City or its
representative for review and comment.
4.8.7
Upon receipt of the reviewed Project Record Drawings from City, Contractor must correct
any deficiencies and omissions to the Drawings and submit the final original of the Project
Record Drawings to City prior to Final Payment.
4.8.8
Project Manager will review the Project Record Drawings monthly prior to the date
established for the Payment Request and will be the sole judge of acceptance of these
Drawings.
4.9
WARRANTY AND CORRECTION OF DEFECTIVE WORK
4.9.1
Contractor warrants to City that the construction, including all materials and equipment
furnished as part of the Work, will be new unless otherwise specified in the Agreement
Documents, of good quality, and free of defects in materials and workmanship. Contractor’s
warranty obligation excludes defects caused by abuse, alterations, or unreasonable failure
to maintain the construction by persons other than Contractor, subcontractors, or others
under Contractor’s control. Nothing in this warranty will limit any manufacturer’s warranty
which provides City with greater warranty rights than set forth herein or in the Agreement.
Contractor will provide City with all manufacturers’ warranties and operation and
maintenance manuals upon substantial completion of the Work. Contractor’s warranty
must be for one (1) year, in accordance with MAG Specification § 108.8, and will commence
for all portions of the Work upon Final Acceptance of the entire Work as determined by City
under the Agreement. All statutory or other warranties, express or implied, related to latent
defects will remain in force and are not limited by this provision.
4.9.2
City May Stop the Work. If the Work is defective, or Contractor fails to supply sufficient
skilled workmen or suitable materials or equipment, City may order Contractor to stop the
General Conditions
Revised: 7/20/22
GC-25 of 75
Work without cost to City, or any portion thereof, until the cause for such order has been
eliminated; however, this right of City to stop the Work will not give rise to any duty on the
part of City to exercise this right for the benefit of Contractor or any other party.
4.9.3
Correction or Removal of Defective Work.
4.9.3.1
If required by City, Contractor must promptly, without cost to City and as specified by City,
either correct any defective Work, whether or not fabricated, installed or completed, or, if
the Work has been rejected by City, remove it from the Site and replace it with non-defective
Work. Contractor must correct any Work which may be displaced in correcting, removing or
replacing defective Work. No compensation will be allowed Contractor for such removal,
replacement or remedial Work. Contractor must reimburse City for costs incurred by City
due to such correction or removal including but not limited to additional expenses for
inspection, testing or observation and for repeated reviews by the City or Design
Professional.
4.9.3.2
Upon failure on the part of the Contractor to comply within a reasonably prompt time with
any written order of City to correct or remove defective Work, City has authority to cause
nonconforming materials or rejected Work to be remedied, removed, or replaced at the
Contractor's expense and to deduct the costs from any moneys due or to become due the
Contractor.
4.9.4
City May Correct Defective Work. If Contractor fails within a reasonable time after written
notice of City to proceed to correct defective Work or to remove and replace rejected Work
as required by City or if Contractor fails to perform the Work in accordance with the
Agreement Documents (including any requirements of the progress schedule), City may,
after 7 Days' written notice to Contractor, correct and remedy any such deficiency. To the
extent necessary to complete corrective and remedial action, City may exclude Contractor
from 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
City has paid Contractor, but which are stored elsewhere. Contractor must allow City, city
representatives, agents and employees such access to the Site as may be necessary to
enable City to exercise City’s rights under this Section. All direct and indirect costs of City in
exercising such rights will be charged against Contractor in an amount verified by City
representative, and a Change Order will be issued incorporating the necessary revisions in
the Agreement Documents and a reduction in the Agreement Price. Such direct and indirect
costs will include, in particular but without limitation, compensation for additional
professional services required and all costs of repair and replacement of Work or others
destroyed or damaged by correction, removal or replacement of Contractor's defective
Work. Contractor will not be allowed an extension of the Agreement Time because of any
delay in Contractor’s performance of the Work attributable to the exercise by City or City's
rights hereunder.
4.9.5
Correction or Removal of Unauthorized Work.
4.9.5.1
Any Work done beyond the lines and grades shown on the Drawings or established by the
Design Professional or any changes in, additions to, or deductions from the Work done
without written authority will be considered as unauthorized and will not be paid for. Work
so done may be ordered remedied, removed, or replaced at the Contractor's expense.
4.9.5.2
Upon failure on the part of the Contractor to comply promptly with any order of the City,
General Conditions
Revised: 7/20/22
GC-26 of 75
City will have authority to cause unauthorized Work to be remedied, removed, or replaced
at the Contractor's expense and to deduct the costs from any moneys due or to become
due the Contractor.
4.9.6
Correction Period - One Year Guarantee.
4.9.6.1
If, within one year after the date of Final Acceptance, or such longer period of time as may
be prescribed by law or by the terms of any applicable special guarantee required by the
Agreement Documents, or by any specific provision of the Agreement Documents, any Work
is found to be defective, Contractor must promptly, without cost to City and in accordance
with City's written instructions, either correct such defective Work, or, if it has been rejected
by City, remove it from the Site and replace it with non-defective Work. If Contractor does
not promptly comply with the terms of such instructions, or in an emergency where delay
would cause serious risk of loss or damage, City may have the defective Work corrected or
the rejected Work removed and replaced, and all direct and indirect costs of such removal
and replacement, including compensation for additional professional services, must be paid
by Contractor. Such action by the City will not relieve the Contractor of the guarantees
required by this Section or elsewhere in the Agreement Documents.
4.9.6.2
If, in the opinion of the City, defective Work creates a dangerous condition or requires
immediate correction or attention to prevent further loss to the City or to prevent
interruption of operation of the City, the City will attempt to give the notice required by this
Section. If the Contractor cannot be contacted or does not comply with the City's request
for correction within a reasonable time as determined by the City, the City may,
notwithstanding the provisions of this Section, proceed to make such correction or provide
such attention; and the costs of such correction or attention will be charged against the
Contractor. Such action by the City will not relieve the Contractor of the guarantees
required by this Section or elsewhere in the Agreement Documents.
4.9.6.3
This Section does not in any way limit the guarantee on any items for which a longer
guarantee is specified or on any items for which a manufacturer or supplier gives a
guarantee for a longer period. The Contractor agrees to act as co-guarantor with such
manufacturer or supplier and must furnish the City all appropriate guarantee or warranty
certificates upon completion of the Project. No guarantee period, whether provided for in
this Section or elsewhere, will in any way limit the liability of Contractor or their sureties or
insurers under the indemnity or insurance provisions of these General Conditions and the
Project Specific Special Conditions.
4.9.7
Acceptance of Defective Work.
4.9.7.1
If, instead of requiring correction or removal and replacement of defective Work, City may
accept Work when in the best interest of the City to do so with appropriate monetary credit
from Contractor. If any such acceptance occurs prior to final payment, a Change Order will
be issued incorporating the necessary revisions in the Agreement Documents, including
appropriate reduction in the Agreement Price; or, if the acceptance occurs after final
payment, an appropriate amount must be paid by Contractor to City.
4.9.7.2
Alternatively, City may require Contractor to furnish at Contractor's expense, a special
performance guarantee or other surety prior to acceptance of defective work.
4.9.8
The Warranty period begins on the Final Acceptance date noted in the Certificate of
Completion, irrespective of early completion by some Subcontractors of their work.
General Conditions
Revised: 7/20/22
GC-27 of 75
4.9.9
Contractor’s warranty obligation must be in accordance with MAG Specifications.
4.9.10
Nothing in the warranties contained in the Agreement Documents are intended to limit any
manufacturer’s warranty which provides City with greater warranty rights than set forth
in this Section or the Agreement Documents. Contractor must provide City with all
manufacturers’ warranties
prior to Substantial Completion, if applicable, or Final
Acceptance.
4.9.11
Contractor agrees that it will be responsible to manage and administer the correction of any
Work that is not in conformance with the Agreement Documents during the warranty
periods set forth in this Section, or during any longer periods to the extent required by the
Agreement Documents. A progress payment, or partial or entire use or occupancy of the
Project by City, will not constitute acceptance of Work not in accordance with the Agreement
Documents.
4.9.12
When notified of a warranty issue, Contractor must respond in writing within 48-hours and
must perform warranty Work as soon as material for said repairs are available (as judged
solely by City), and in any event Contractor must, take immediate steps to commence and
complete correction of nonconforming Work no later than the time period set forth in
City’s written notification in accordance with the Agreement Documents. This includes the
correction, removal or replacement of the nonconforming Work and any damage caused
to other parts of the Work affected by the nonconforming Work. If defects develop which
are determined by City to be an emergency, City will notify Contractor, via the most
expeditious means regarding the nature and condition of the defects. In turn, Contractor
must immediately dispatch necessary forces to correct the defect or the emergency
condition in accordance with Agreement Documents.
4.9.13
The time periods referenced in this Section apply only to Contractor’s obligation to
correct nonconforming Work and is not intended to constitute a period of limitations for any
other rights or remedies that City may have regarding Contractor’s other obligations under
the Agreement Documents.
4.9.14
Without limiting the foregoing or anything in these General Conditions or the Agreement
to the contrary, Contractor must obtain and provide to City all warranties for any portion
of the Project offered by the manufacturer, installer or provider thereof. City and the user
of the facility will have the right to the full value and benefit of all such warranties.
Contractor must ensure all such warranties are fully transferrable to facilitate the full value
of this Section.
4.9.15
Contractor’s warranty excludes damages or defects caused by abuse, alterations to the Work
not executed by or through Contractor, improper or insufficient maintenance, improper
operation, or normal wear and tear and normal usage.
4.9.16
In the event of any noncompliance with this entire Section 4, City may require Contractor to
stop or suspend the Work in whole or in part.
SECTION 5 - CITY RESPONSIBILITIES
5.1
CITY PROJECT MANAGER AND INSPECTORS
5.1.1
Project Manager is responsible for providing City-supplied information and approvals in a
timely manner to assist Contractor to fulfill its obligations under the Agreement Documents.
General Conditions
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GC-28 of 75
5.1.2
Project Manager will also provide Contractor with prompt notice when it observes any
failure on the part of Contractor to fulfill its contractual obligations, including any default
or defect in the Project or non-conformance with the Drawings and Specifications.
5.1.3
City may utilize Field Inspectors to assist Project Manager during construction in
observing performance of Contractor. City’s use of Inspectors is for the purpose of assisting
Project Manager.
5.1.4
The Inspectors are authorized to inspect all Work and materials furnished. Such inspections
may extend to all or part of the Work and to preparation, fabrication or manufacture of the
materials to be used. The Inspectors have the authority to issue instructions contrary to
the Construction Documents if approved and coordinated with the directions of Project
Manager.
5.1.5
The Inspectors have the authority to reject work or materials until any questions at issue can
be decided by Project Manager.
5.1.6
The use of Inspectors by City will not make City responsible for or give City control
over construction means, methods, techniques, sequences or procedures or for safety
precautions or programs or responsibility for Contractor’s failure to perform the Work in
accordance with Agreement Documents. The Inspectors are not authorized to direct any of
Contractor’s activities, employees or Subcontractors.
5.2
DESIGN PROFESSIONAL SERVICES
City may contract separately with one or more Design Professionals to provide
construction administration of the Project. The Design Professional’s Agreement, as well as
other firms hired by City may be furnished to Contractor. Contractor does not have the right
to limit or restrict or reject any Agreement modifications that are mutually acceptable to City
and Design Professional.
5.3
CIT Y ’S SEP AR AT E CONT R ACT ORS
City is responsible for all work performed on the Project or at the Site by separate
contractors retained by City. City will contractually require its separate contractors to
reasonably cooperate with, and reasonably coordinate their activities so as not to interfere
with Contractor in order to enable Contractor to timely complete the Work consistent with
the Agreement Documents. Contractor must immediately notify the Project manager,
and address the matter in the next monthly status report, if any activities of such separate
contractors are expected to interfere, or are interfering, with Contractor and such
interference will or could result in any delay in Contractor’s performance of the Work.
5.4
PERMIT REVIEW AND INSPECTIONS
5.4.1
If requested by Contractor, Project Manager will provide assistance and guidance in
obtaining necessary reviews, permits and inspections.
5.4.2
The regulating agencies of City, such as Development and Sustainability, Fire and
Planning Departments, enforce legal requirements. The enforcement activities of City are
independent and separate from this Agreement.
5.5
PLANS AND SPECIFICATIONS TO THE CONTRACTOR.
Contractor will be provided up to five copies of the Agreement Documents as are
reasonably necessary for the execution of the Work. Additional copies will be furnished,
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upon request, at the cost of reproduction.
SECTION 6 - AGREEMENT TIME
6.1
AGREEMENT TIME
6.1.1
The Agreement Time will start with the Notice to Proceed (“NTP”) and end with Final
Acceptance.
6.1.2
Beginning on the date of the NTP, Contractor must begin to fulfill Contractor’s obligations
under the Agreement. Contractor’s obligations include providing City and other
agencies with any submittals required by the Project Specific Special Provisions, including
but not limited to, an approved Project Schedule, Traffic Control Plans, and a Stormwater
Pollution Prevention Plan. Contractor must submit all such required submittals before
any physical construction work commences on the Site. NTP does not authorize
construction work until all a greement insurance, bonds, and schedules are submitted to
and accepted by the City.
6.1.3
The Agreement Time will be as set forth in the Project Schedule. Contractor agrees that
it will commence performance of the Work and complete the Project through both
Substantial Completion and Final Acceptance within the Agreement Time.
6.1.4
Time is of the essence of this Agreement, for the Project, for the Work, and for each phase
and designated Milestone thereof.
6.1.5
Failure of Contractor to perform any covenant or condition contained in the Agreement
Documents within the time periods specified herein, will constitute a material breach of this
Agreement entitling City to terminate the Agreement unless Contractor applies for and
receives an extension of time, in accordance with the procedures set forth in the Agreement
Documents.
6.1.6
Failure of City to insist upon the performance of any covenant or condition within the time
periods specified herein, will not constitute a waiver of Contractor’s duty to perform every
other covenant or condition within the designated periods, unless a specific waiver is
granted in writing for each such covenant or condition.
6.1.7
City’s agreement to waive a specific time provision or to extend the time for performance
will not constitute a waiver of any other time provisions contained in the Agreement
Documents. Failure of Contractor to complete performance promptly within the additional
time authorized in the waiver or extension of time agreement constitutes a material breach
of this Agreement entitling City to all the remedies set forth herein or provided by law.
6.2
PROJECT SCHEDULE
6.2.1
The Project Schedule must be in Microsoft Project standard file format, must be updated and
maintained throughout the Agreement Time, and must contain the following:
6.2.1.1
Detailed representation of all activities for the project, both on-site construction and major
procurement. All significant activities together with the resource loading requirements for
each and all items appearing on the schedule of values or bid schedule for progress
payments must be shown on the Project Schedule or in attached transmittal letter as
described in Section 6.2.8.
General Conditions
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GC-30 of 75
6.2.1.2
Dependencies between activities must be indicated so that it may establish as to the effect
the progress of any one activity would have on other activities and on the Schedule.
6.2.1.3
Activities for submission, review, and approval of all required submittals.
6.2.1.4
An amount of time will be established prior to the final completion date for “punch list and
cleanup”. No other activities will be scheduled during this period. Punch list and cleanup
must be shown on the Project Schedule and must be entirely completed prior to the
expiration of the Agreement Time.
6.2.2
Within 10 Days of receipt of City’s comments, Contractor must make all required
corrections, adjustments, and additions to complete the Project Schedule and resubmit to
City for review. City’s review of and response to the Project Schedule is for the purpose of:
(1) City planning and staffing for the Project as may be required from time to time; (2)
ensuring Contractor’s general conformance with the scheduling requirements of the
Agreement Documents and completion of the Project within the Agreement Time; and (3)
monitoring and evaluating the construction status for purposes of approving monthly
progress payments. Acceptance of a submitted schedule by City should in no way be
construed as an affirmation or admission that the schedule is reasonable or workable by
Contractor. The responsibility for completing the Work on the Project within the
Agreement Time remains the obligation of Contractor. City’s review does not relieve
Contractor from compliance with the requirements of the Agreement Documents or
be construed as relieving Contractor of its complete and exclusive control over the
means, methods, sequences and techniques for executing the work.
6.2.3
The Project Schedule must show milestones, including milestones for City-furnished
information, and must include activities for City-furnished material and construction by
other contractors when those activities are interrelated with Contractor activities.
6.2.4
The Project Schedule must be revised as required by conditions and progress of the Work,
but such revisions do not relieve Contractor of its obligations to complete the Work
within the Agreement Time, as adjusted in accordance with the Agreement Documents.
No modification to the Agreement Documents or the Agreement Time will be effective
unless approved in advance by City.
6.2.5
For all items of materials and equipment that are critical or may require long lead times to
acquire, the Project Schedule must show dates for submission, review and approval of
submittals, ordering, and delivery.
6.2.6
An updated Project Schedule must be submitted monthly to City as part of the Payment
Request. The monthly submittal must include one full size plot of the entire schedule and
one electronic copy containing the schedule in Microsoft Project standard file format. In
addition, Contractor must, upon request by City, provide a copy of all submitted schedule
data in electronic
format which must be clearly labeled with the Project description,
scheduling program name and version number, and schedule print/data date.
6.2.7
Contractor must provide City with a monthly status report with each Project Schedule
detailing the progress of the Work, including: (i) if the Work is proceeding according to
schedule, (ii) any discrepancies, conflicts, or ambiguities found to exist in the Agreement
Documents that require resolution, and (iii) other information detailing items that require
resolution so as not to jeopardize the ability to complete the Work in the Agreement Time.
General Conditions
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6.2.8
With each Project Schedule submittal, Contractor must include a transmittal letter
including the following:
a. Description of problem tasks, referenced to field instructions or requests
for information (RFI’s), as appropriate.
b. Current and anticipated delays including:
(i)
Cause of the delay.
(ii)
Corrective action and schedule adjustments to correct the delay.
(iii)
Known or potential impacts and their delay on other activities,
milestones, and their impact on the Substantial Completion and
Final Acceptance dates.
(iv)
Changes in construction sequence.
c. Pending items and status thereof including but not limited to:
(i) Time Extension requests;
(ii)
Substantial Completion date status;
(iii)
Final Acceptance date status.
d. If ahead of schedule, the number of calendar Days ahead.
e. If behind schedule, the number of calendar Days behind.
f.
Other Project or scheduling concerns.
6.2.9
Critical Path Method (CPM).
6.2.9.1
Unless otherwise specified in the Agreement, the Project Schedule must include a Critical
Path
Method (CPM) diagram schedule showing the sequence of activities, the
interdependence of each activity and identifies the Critical Path.
6.2.9.2
The CPM diagram schedule must be in calendar Days and indicate duration, earliest and
latest start and finish dates for all activities, and total Float Times for all activities except
critical activities. The CPM diagram must be presented in a time scaled graphical format for
the Project as a whole.
6.2.9.3
The CPM diagram schedule must indicate all relationships between activities.
6.2.9.4
The activities making the Project Schedule must contain sufficient detail to assure that
adequate planning has been done for proper execution of the Work and such that it provides
an appropriate basis for monitoring and evaluation the progress of the Work. Individual
activities must not exceed 30 Days in length, in most cases.
6.2.9.5
The CPM diagram schedule must be based upon activities, which coincide with the Schedule
of Values.
6.2.9.6
The CPM diagram schedule must show all submittals associated with each work activity and
the review time for each submittal.
6.2.10
Float Time.
6.2.10.1
The total Float Time within the overall schedule is for the exclusive use of City, but City
may approve Contractor’s use of Float as needed to meet Agreement Milestones and
General Conditions
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GC-32 of 75
the Project completion date.
6.2.10.2
Contractor will not be allowed to sequence, hide, or reallocate Float Time through
such strategies, as extending activity duration estimates to consume available Float, using
preferential logic, or using extensive crew/resource sequencing, tec. No time extensions
will be granted nor delay damages paid until a delay occurs which extends the Work beyond
the Agreement Time.
6.2.11
City-Caused Delays. City-caused delays on the Project, if any, may be offset by City-caused
time savings (i.e., Critical Path submittals returned in less time than allowed by the
Agreement, approval of substitution requests and credit changes which result in savings of
time to Contractor, etc.) In such an event, Contractor will not be entitled to receive a time
extension or delay damages until all City-caused time savings are exceeded and the
Agreement Time is also exceeded.
6.2.12
Rain-Related Delays. Contractor is required, in preparing the Project Schedule to take into
account all relevant weather conditions, including normal rainfall and distribution. No
additional compensation will be given for any rain-related delays or impacts on the Work
or the Project Schedule. No time extension will be granted in the Project Schedule unless
the rainfall during the construction of Work is unusually severe, was not reasonably
anticipated, and the total rainfall was significantly in excess of the normal rainfall for the
Project Site location. Normal rainfall for the Project will be determined from the 10-year
average rainfall for the Site as measured by the National Oceanic and Atmospheric
Administration or comparable source of reliable information for rainfall in Chandler,
Arizona. In addition, the excessive rainfall must have actually impacted Work activities on
the Critical Path and caused delay beyond any remaining Float at the time of the rain- caused
delay. The burden of documenting normal rainfall, the excessive rainfall and the impact on
Critical Path activities is on Contractor. All other provisions in the Agreement Documents
relating to claims, including without limitation notice requirements, apply to any claim by
Contractor for a rain delay.
6.2.13
City’s “Policy Statement for Calculating Delays and Damages,” Appendix 1 to these
General Conditions, will apply to all claims of delay and delay damages.
6.2.14
Force Majeure. If Contractor is delayed or prevented from the performance of any Work
required under this Agreement by reason of acts of God or other causes beyond the control
and without fault of Contractor (financial inability excepted), performance of that Work will
be excused, but only for the period of the delay. The time for performance of the Work will
be extended for a period equivalent to the period of delay. In addition, the parties agree if
Contractor’s delayed or suspended performance directly arises out of or directly results
from the COVID-19 pandemic, Contractor’s delayed or suspended performance may be
excused as set forth in this clause. Provided, however; Contractor must give the City written
notice within 30 days of the occurrence of the event giving rise to COVID-19 pandemic
related delayed or suspended performance. For COVID-19 pandemic related delay or
suspended performance, the parties must agree in writing to the length of the excused
delay or suspended performance. Further, Contractor must obtain the City’s written
approval to use any allowance established as part of the project for delays and costs related
to the COVID-19 pandemic.
6.3
SUBSTANTIAL COMPLETION
6.3.1
When Contractor considers that the Work, phase or a portion thereof, which City agrees in
General Conditions
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GC-33 of 75
writing to accept separately, is substantially complete, City will prepare and submit to
Contractor a comprehensive Punch List of items to be completed or corrected prior to Final
Acceptance and Final Payment. Failure to include an item on such Punch List does not alter
the responsibility of Contractor to complete all Work in accordance with the Agreement
Documents.
6.3.2
Upon receipt of Contractor’s Punch List, Project Manager will make an inspection to
determine whether the Work or designated portion thereof is substantially complete.
Project Manager may, at Project Manager’s sole option, be assisted in such inspection by
the Design Professional for the Project. If the inspection by the Project Manager discloses
any item, whether or not included on Contractor’s Punch List, which is not sufficiently
completed in accordance with the Agreement Documents so that City can occupy or utilize
the Work, phase or designated portion thereof for its intended use, Contractor must,
before issuance of the Certificate of Substantial Completion, complete or correct such
item upon notification by Project Manager. In such case, Contractor must then submit a
request for another inspection by Project Manager to determine Substantial Completion.
6.3.3
Certificate of Substantial Completion.
6.3.3.1
The Project Manager will not issue a Certificate of Substantial Completion unless and until
the Work (or separable units or Phases as provided in the Agreement Documents) is
essentially and satisfactorily complete in accordance with the Agreement Documents, such
that the Project is ready for use by City for its intended purpose, opening to the general
public, full occupancy or use by City (including, without limitation, all separate units, or
rooms, facilities, access, income-generating areas, and all areas serving the general public,
as applicable, must be ready for full-operation
without material inconvenience or
discomfort), including, to the extent applicable to the Work, the following: all materials,
equipment, systems, controls, features, facilities, accessories and similar elements are
installed in the proper manner and in operating condition, inspected and approved;
surfaces have been painted; masonry and concrete cleaned with any sealer or other finish
applied; utilities and systems connected and functioning; site work complete; permanent
heating,
ventilation, air condition, vertical transportation and other systems properly
operating with proper controls; lighting and electrical systems installed, operable and
controlled; paving completed, signage installed, and other Work as applicable, has
been performed to a similar state of essential and satisfactory completion. A minor
amount of Work, as determined by and at the discretion of the Project Manager, such
as installation of minor accessories or items, a minor amount of painting, minor
replacement of defective work, minor adjustment of controls or sound
systems, or
completion or correction of minor exterior work that cannot be completed as a result of
weather conditions, will not delay determination of Substantial Completion. If prior
written approval is obtained from City for purposes of Substantial Completion, specified
areas of the entire Work or Project may be individually certified as Substantially
Complete. In no event will Substantial Completion be deemed to have occurred unless
and until: (i) a temporary certificate of occupancy has been issued by the appropriate
Governmental Authorities (as applicable) and (ii) all terms and Work required under this
Agreement have been fulfilled by Contractor and same will have also been approved and
accepted by City, subject only to the Punch List items.
6.3.3.2
If requested by City, Contractor must complete and turn-over to City the Project on a phased
basis. Each phase will have a separate inspection by the Project Manager, a Punch List
generated, and then an inspection by City with final approval and acceptance only after the
General Conditions
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GC-34 of 75
Project Manager’s Punch List.
6.4
PARTIAL UTILIZATION
6.4.1
City at City’s option may use and occupy any substantially completed parts of the Work
which has specifically been identified in the Agreement Documents, or which City, the
Design Professional and Contractor agree constitutes a separately functioning and usable
part of the Work that can be used by City for its intended purpose, without significant
interference with Contractor’s performance of the remainder of the Work, provided,
however, if the portion of the Work to be used or occupied has not been found to be
substantially complete, City must do so in accordance with Section 6.3 prior to such
occupancy.
6.4.2
In lieu of the issuance of a Certificate of Substantial Completion as to part of the Work, City
may take over operation of a facility constituting part of the Work whether or not it is
substantially complete if such facility is functionally and separately usable; provided that
prior to any such takeover, City and Contractor agree in writing as to the division of
responsibilities between City and Contractor for security, operation, safety, maintenance,
correction period, heat, utilities and insurance with respect to such facility.
6.4.3
Substantial Completion of or City's beneficial occupancy of a part of the Project will not alter
the fact that the one-year warranty for the whole Project starts at the date of Final
Completion of the whole Project.
6.5
FINAL ACCEPTANCE
6.5.1
Unless otherwise expressly agreed to in writing by City, Final Acceptance must be obtained
by no later than 30 Days (60 Days for federally funded agreements) after the date of Substantial
Completion. Failure to timely obtain Final Acceptance will be a material breach of the
Agreement.
6.5.2
Upon receipt of written notice that the Work is ready for final inspection and acceptance, City
and Contractor will jointly inspect to verify that the remaining items of Work have been
completed. There will be no partial acceptance. Final Acceptance will not occur until all
items of Work, including Punch List Items, have been completed to City’s satisfaction as
reflected in the written Final Acceptance.
6.5.3
Final Payment will not be due, owing, or paid by City until Final Acceptance is issued.
6.5.4
Landscape Establishment Period. Unless otherwise expressly agreed to in writing by City, the
Landscape Establishment Period will begin on the date of Final Acceptance of the Project and
will run 90 Calendar Days thereafter. Landscape Establishment Period requirements are
detailed in General Conditions Appendices, attached herein.
6.6
CONTINUATION OF WORK
6.6.1
Permitting Contractor to continue and finish the Work or any part of it after the time fixed
for its completion (whether milestone, phase, Substantial Completion or Final Acceptance)
or after the date to which the time fixed for any completion may have been extended, does
not operate as a waiver by City of any rights under the Agreement Documents, law or equity.
6.6.2
Furthermore, the timely completion of the Work being of the utmost importance under
this Agreement, notwithstanding the existence of one or more disputes between the parties
General Conditions
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GC-35 of 75
concerning the scope of the Work, the Project Schedule, Agreement Time, payments or any
other matter, and further notwithstanding a party’s invocation of the Dispute Resolution
provisions specified in Appendix 6 of these General Conditions, unless City suspends
the Agreement or Contractor’s performance pursuant to Section 10 of these General
Conditions, Contractor will continue to prosecute the Work, including any Change Order
work or Extra Work Orders, in a diligent and timely manner and not stop, slow down or
impede by action or inaction the progress of the Work, including commencing performance
of and thereafter completing any additional work called out in any Change Order or Extra
Work Order issued by Project Manager with the approval of City, so long as City makes
payment to Contractor in accordance with Section 8 of these General Conditions.
SECTION 7 - AGREEMENT PRICE
7.1
UNIT PRICE AGREEMENTS
7.1.1
The Agreement Price for all Unit Price Agreements will be the amount set forth in the
Agreement or Change Order multiplied by the verified quantity provided.
7.1.2
Measurements of quantities to determine the total Agreement Price must be in accordance
with MAG Specification §§ 109.1 and 109.2.
7.1.3
The Unit Price may only be changed as set forth in Section 9 below.
7.2
CHANGE ORDERS
7.2.1
Unit Price Change Orders. The Change Order Price for all Unit Price Change Orders will be
the amount set forth in the Change Order multiplied by the verified quantity provided.
7.2.2
Measurements of quantities to determine the total Change Order Price must be in
accordance with MAG Specifications §§ 109.1 and 109.2.
7.2.3
The Unit Price may only be changed as set forth in Section 9 below.
7.2.4
MAG Specification § 109.4.1 is modified as follows: Before § 109.4.1, the following is added:
Any deduction or increase in the Agreement Price must be supported by a signed,
written Change Order fully executed by City, and supported by such backup as the Project
Manager may require.
7.3
SALES TAX
Contractor is required to pay all applicable sales tax in accordance with the law of the state of
Arizona and this cost must be included in all Agreement Prices. When equipment, materials
or supplies generally taxable to Contractor are eligible for a tax exemption due to the nature
of the Project, Contractor must assist City in applying for and obtaining such tax credits and
exemptions which will be paid or credited to City.
SECTION 8 - PAYMENT
8.1
PAYMENT FOR CONSTRUCTION SERVICES
8.1.1
Payment for the Work will be made in accordance with MAG Standard Specification § 109
as amended below.
8.1.2
Contractor must submit to City for review a completed Contractor Payment Request signed
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GC-36 of 75
by Contractor, covering the Work completed as of the date of the Request and accompanied
by such supporting documentation as is required by the Agreement Documents and also
as City may reasonably require. A Contractor Payment Request will not be considered
complete unless it is accompanied by an updated Project Schedule and a certification that
the on-site, red lined, as built Drawings are up to date. If payment is requested on the basis
of materials and equipment not incorporated in the Work but delivered and suitably,
securely stored at the Site or at another location (such as a bonded warehouse) agreed to
in writing, the Contractor Payment Request must also be accompanied by such data,
satisfactory to City, as will establish City's title to the material and equipment and protect
City's interest therein, including applicable insurance. Each subsequent Contractor Payment
Request must include an affidavit of Contractor stating that all previous progress payments
received on account of the Work have been applied to discharge in full all of Contractor's
obligations reflected in prior Contractor Payment Requests.
8.1.3
Except for Work performed under a JOC Agreement, the Contracting Agency will retain 10
percent of all estimates as a guarantee for complete performance of the Agreement in
accordance with Arizona Revised Statutes Section 34-221 or 34-607. The Contractor may
elect to deposit securities in lieu of retention in accordance with Arizona Revised Statutes
Section 34-221, Paragraph C.5. or 34-607, Paragraph B.5.
8.1.4
The payment process functions as follows: Prior to the payment cycle date, Contractor must
send a draft Contractor Payment Request to Project Manager. The Project Team will review
the Request and agree upon any necessary adjustments. Contractor must certify the final
Request by signing and returning to Project Manager.
8.1.5
When construction of the Project is fifty percent (50%) completed, Contractor may
request payment of one-half of the retention pursuant to A.R.S. § 34-609(B)(3), subject to all
of City’s rights to withhold or offset payments, and other rights of City, under the Agreement.
8.1.6
City reserves the right under A.R.S. § 34-609(B)(3) to reinstate the ten percent (10%) retention
if City determines that satisfactory progress is not being made.
8.1.7
Contractor’s Warranty of Title.
8.1.7.1
Contractor warrants and guarantees that title to all Work, materials and equipment covered
by any Contractor Payment Request, whether incorporated in the Project or not, will pass
to City at the time of payment, free and clear of all liens, claims, security interests, and
encumbrances, provided that this will not preclude the Contractor from installing metering
devices or other equipment of utility companies or municipalities, the title of which is
commonly retained by the utility company or municipality.
8.1.7.2
No materials, supplies, or equipment for the Work under this Agreement will be purchased
subject to any chattel mortgage or under a conditional sale contract or other agreement by
which an interest therein, or any part thereof, is retained by the seller or supplier.
8.1.7.3
Nothing contained in this Section will defeat or impair the right of such persons furnishing
materials or labor under any bond given by the Contractor for their protection, or any right
under any law permitting such persons to look to funds due the Contractor in the hands of
the City. The provisions of this Section must be inserted in all subcontracts and material
agreements, and notices of its provision must be given to all persons furnishing materials
for the Work when no formal agreement is entered into for such materials.
General Conditions
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GC-37 of 75
8.2
PAYMENT UPON SUBSTANTIAL COMPLETION
8.2.1
No payment will be made upon Substantial Completion, except for a regularly-scheduled
monthly progress payment, as allowed by Section 8.2.2.
8.2.2
No further payments will be made to Contractor until Final Acceptance.
8.3
FINAL PAYMENT
8.3.1
Subject to all of City’s rights to withhold or offset payment, and other rights under the
Agreement, Final Payment including remaining retainage will be paid only after:
a. Work has been fully completed (including completion of all incorrect or
incomplete work items) and the written Final Acceptance has been issued by
City;
b. Necessary operating manuals, any excess materials and supplies necessary
for matching materials and supplies incorporated into the Work,
acceptable sewer video results (if applicable), and complete “as-built”
Drawings (including the Building Information Model, if required by the
Agreement Documents) have been delivered to City, as specified in this
Section 8.3;
c. Full and unconditional lien waivers and releases by Contractor and any
person performing labor or supplying material, machinery, fixtures, or tools
for the Work have been delivered to Contractor;
d. All conditions and requirements imposed by City or any financing entity
for the corresponding disbursement have been met; and
e. Contractor delivers to City a Contractor Payment Request requesting Final
Payment.
8.3.2
Contractor must also submit a signed copy of Contractor’s Affidavit Regarding Settlement
of Claims, Appendix 3 to these General Conditions, and Certificate of Completion, Appendix 7
to these General Conditions, prior to Final Payment.
8.3.3
In addition, if required under the Project Specific Special Provisions, Contractor must
compile a complete equipment list and maintenance manual to be submitted to City
as a precondition to Final Payment. The list must include the following items for all
equipment supplied under the Plumbing, Electrical, Air Conditioning, Elevator, and other
Special Equipment Specifications:
a. Name, Model and Manufacturer.
b. Complete parts lists and Drawings.
c. Local source of supply for replacement parts along with suppliers’ telephone
numbers.
d. Local service organizations serving the equipment and their telephone
numbers.
e. All tags, inspection slips, instruction packages, etc., removed from
equipment must be properly identified as to pieces of equipment from
which they were taken.
General Conditions
Revised: 7/20/22
GC-38 of 75
8.3.4
Contractor must also deliver to City, prior to Final Payment, one (1) digital (in the format
specified by City), and if requested by City, one (1) hard copy, of any applicable
Maintenance manuals. Each manual must include all manufacturer’s operation and
maintenance instructions and “as-built” Drawings with the list herein specified. It must also
include all other diagrams and instructions necessary to properly operate and maintain the
equipment, the name, address and telephone number of Contractor and all Subcontractors
involved.
8.4
CIT Y ’S RIGHT TO WITHHOLD PAYMENT
City may withhold payment to such extent as may be necessary in City’s opinion to protect
City from loss for which Contractor is responsible, including, without limitation, if any of
the following conditions exist:
a. Defective Work not remedied;
b. Third party claims filed or reasonable evidence indicating probable filing of
such claims unless security acceptable to City is provided by Contractor;
c. Failure of Contractor to make payments properly to Subcontractors or for
labor, materials or equipment;
d. Reasonable evidence that the Work cannot be completed for the unpaid
balance of the Agreement Price;
e. Damage to City or another Contractor;
f.
Reasonable evidence that the Work will not be completed within the
Agreement Time, and that the unpaid balance would not be adequate to
cover actual or liquidated damages for the anticipated delay;
g. Failure to carry out the Work in accordance with the Agreement Documents;
or
h. Contractor is in default of any of its other obligations under the Agreement
Documents.
8.5
JOINT/DIRECT CHECKS
To promote the timely completion and progress of the Work or when appropriate and
necessary, payments to Contractor may be made jointly to Contractor and its employees,
agents, Subcontractors and suppliers, or any of them. For federally funded agreements,
see federal provisions for additional requirements for the joint check process.
8.6
PAYMENT NOT A WAIVER
No payment (nor use or occupancy of the Project by City) will be deemed acceptance or
approval of the Work or as a waiver of any claims, rights, or remedies of City.
8.7
LIENS AND BOND CLAIMS
Contractor must make all payments, in the time required, of all labor and materials
furnished to Contractor in the course of the Work and must promptly furnish evidence of
such payments as City may require. Contractor must pay when due all claims arising out of
performance of the Work covered by this Agreement for which a lien may be filed either
against the real estate or leasehold interest of City, or against payments due from City to
Contractor, or for which a claim may be made against any payment or performance bond
or both. To the fullest extent permitted by law, Contractor agrees that no liens or other
claims in the nature of a lien against the real estate, leasehold, or other interest of City,
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against payment due from City to Contractor, or against any payment or performance
bond, must be filed or made in connection with the Work by any party who has supplied
professional services, labor, materials, machinery, fixtures, tools, or equipment used in or
in connection with the performance of this Agreement, and Contractor agrees to remove or
to cause to be removed any such liens or claims in the nature of a lien or bond claim within
10 Days upon receiving notice or obtaining actual knowledge of the existence of such liens
or claim. In addition, Contractor agrees to defend, indemnify, and hold harmless City
from and against any and all such liens and claims. This paragraph does not apply to claims
and liens of Contractor due to non-payment for work performed.
8.8
FIN AN CI AL R ECORDKE EPI NG AND C IT Y ’S AUD I T RIGHT
8.8.1
Records for all Agreements between City and Contractor must, upon reasonable notice, be
open to inspection and subject to audit, scanning, and reproduction during normal
business working hours. Such audits may be performed by any City’s representative or any
outside representative engaged by City for the purpose of examining such records. City or
its designee may conduct such audits or inspections throughout the term of this Agreement
and for a period of five years after Final Payment or longer if required by law. City’s
representatives may (without limitation) conduct verifications such as counting employees
at the Site, witnessing the distribution of payroll, verifying information and amounts through
interviews and written confirmations with Contractor employees, field and agency labor,
Subcontractors, and vendors.
8.8.2
Contractor’s “records” must include any and all information, materials and data of every kind
and
character, including without limitation, records, books, papers, documents,
subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments,
arrangements, notes daily diaries, superintendent reports, drawings, receipts, vouchers and
memoranda, and any and all other agreements, sources of information and matters that
may in City’s judgment have any bearing on or pertain to any matters, rights, duties or
obligations under or covered by any Agreement Document. Such records must include (hard
copy, as well as computer readable data if it can be made available), written policies and
procedures; time sheets; payroll registers; payroll records; cancelled payroll checks;
subcontract files (including proposals of successful and unsuccessful bidders, bid recaps,
negotiation notes, etc.); original bid estimates; estimating work sheets; correspondence;
Change Order files (including documentation covering negotiated settlements); back-
charge logs and supporting documentation; invoices and related payment documentation;
general ledger, information detailing cash and trade discounts earned, insurance rebates
and dividends; and any other Contractor records which may have a bearing on matters of
interest to City or the Project in connection with Contractor’s dealings with City or the
Project (all foregoing
hereinafter referred to as “records”) to the extent necessary to
adequately permit evaluation and verification of any or all of the following:
a. Compliance with Agreement requirements for deliverables;
b. Compliance with approved Plans and Specifications;
c. Compliance with § 14.9 below;
d. Compliance with Agreement provisions regarding the pricing of Change
Orders;
e. Accuracy of Contractor representations regarding the pricing of invoices; or
f.
Accuracy of Contractor representations related to claims submitted by
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Contractor or any of their employees.
8.8.3
Contractor must require all payees (examples of payees include Subcontractors, Suppliers,
Insurance Carriers, etc.) to comply with the provisions of this Section by including the
requirements hereof in a written agreement between Contractor and payee. Contractor will
ensure that all payees (including those entering into lump sum agreements) have the same
right to audit provisions contained in this Agreement included in their agreements with
Contractor.
8.8.4
City’s authorized representative(s) (including, without limitation, Project Manager) must have
reasonable access to Contractor’s facilities, must be allowed to interview all current or former
employees to discuss matters pertinent to the performance of this Agreement and must be
provided adequate and appropriate work space, in order to conduct audits in compliance
with this Section.
8.8.5
If an audit inspection or examination in accordance with this Section, discloses overpricing
or overcharges to City (of any nature) by Contractor or Contractor’s Subcontractors in excess
of $100,000 in addition to making adjustments for the overcharges, the reasonable actual
cost of City’s audit must be reimbursed to City by Contractor. Any adjustments or payments
which must be made as a result of any such audit or inspection of Contractor’s invoices or
records must be made within a reasonable amount of time (not to exceed 90 Days) from
presentation of City’s findings to Contractor.
8.8.6
In addition to the normal paperwork documentation Contractor typically furnishes to City,
Contractor agrees to furnish, upon written request from City, any of the documentation
necessary for City to exercise its audit rights under this Section 8.8 in computer readable file
formats (Word, Excel, or .pdf), as City may designate.
8.8.7
City, its authorized representative, and the appropriate agency, reserve the right to
audit Contractor’s records in compliance with local, state or federal policies, statutes
or at City’s discretion, within three (3) years of Final Acceptance of the Work.
SECTION 9 - CHANGES TO THE AGREEMENT
9.1
FIELD ORDERS
City may authorize minor changes in the Work not involving an adjustment in the
Agreement Price or the Agreement Times, which are consistent with the overall intent of
the Agreement Documents. These may be accomplished by a written Field Order on the
standard form approved and executed by City. Such Field Orders must be binding and
Contractor must perform the change promptly. If Contractor believes that a Field Order
justifies an increase in the Agreement Price or Agreement Time, Contractor may make a
claim therefor as provided in Section 7.2.
9.2
EXTRA WORK/CHANGES IN THE WORK
9.2.1
City reserves the right to make such changes in the Plans and Specifications for the Work,
as it may deem appropriate and any such change as set forth in a written Change Order
must be deemed a part of this Agreement as if originally incorporated herein.
9.2.2
In the event City and Contractor cannot agree on the terms of a Change Order, or
when circumstances otherwise require, the Project Manager has the authority to direct the
Contractor to perform extra work, if the work in question is an item not provided for in the
General Conditions
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GC-41 of 75
Agreement as awarded. The Project Manager will have the authority to determine, based
upon factual evidence presented by the Contractor, whether the work in question is an
item not provided for in the Agreement as awarded. If the Project Manager directs the
Contractor to perform extra work, the Project Manager’s instructions will include a price
that the Contractor cannot exceed in charging the City for the extra work. Upon receipt of
the Project Manager’s directions to perform extra work, the Contractor must promptly
proceed with the extra work and document the actual cost thereof. Contractor’s right to
payment for extra work will be determined under Subsection 9.2.4 below. The Contractor is
responsible to manage the extra work to ensure that the price limits set by the Project
Manager are not exceeded. Contractor must perform the extra work and submit
documentation for the actual cost of the extra work to the City. A Change Order will be
issued to cover this work.
9.2.3
Contractor will not be entitled to payment for extra work unless a written Change Order, in
form and content prescribed by City, has been executed by City. On all requests for Change
Orders, Contractor must specify the increased or decreased costs and whether it
believes any extensions of time will be necessary to complete its Work as modified by the
Change Order. If extra work is performed under Subsection 9.2.2 above, a corresponding
Change Order will be prepared, approved and processed by City before payment can be
made to Contractor.
9.2.4
In general, pricing for Change Orders will include the same mark-up percentages that were
in effect when the Agreement was awarded. The cost or credit to the City resulting from a
change in the Work is subject to Appendix 1 (Policy Statement for Calculating Delays and
Damages) and will be determined, based on the type of pricing for the Agreement involved,
as follows:
a. By mutual acceptance of a lump sum properly itemized in a form acceptable
to City;
b. By unit prices stated in the Agreement Documents;
c. When the City determines that a Unit Price Book Job Order associated with
a Job Order Agreement requires a Change Order, by using the same Total
Cost Data and CCI that are in effect when the Change Order is anticipated to
be issued; or
d. By actual cost and a percentage fee covering overhead and profit, as follows:
(i)
Contractor will perform the extra work and be compensated for actual
cost of labor, materials and equipment.
(ii)
Contractor will have the right to add the fee percentage applicable
to the Work under the Agreement, or if no such fee has been agreed
to by the parties, not more than five percent (5%) to the
Subcontractor’s prices for authorized extra work performed solely
by Subcontractors. Such percentage will include all of Contractor’s
charges for overhead, profit, administration and supervision.
(iii)
Contractor or Subcontractor will have the right to add the fee
percentage applicable to Work under the Agreement for self-
performed extra work, or if no such fee has been agreed to by the
parties, Contractor’s or Subcontractor’s maximum total allowable
additions for overhead, profit, administration and supervision will
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GC-42 of 75
not exceed ten percent (10%) of actual verifiable labor, materials
and equipment for such self- performed extra work.
9.2.5
Any agreement which modifies the terms of the Agreement (including Change Orders)
will be approved in writing by the Project Manager. Once properly executed by both
parties, these modifications to the Agreement will have the same effect as if they had been
included in the original Agreement.
9.3
ACCURACY OF CHANGE ORDER PRICING INFORMATION
9.3.1
Subject to Sections 9.3.2 through 9.3.4, signature by the contracting parties constitutes full
accord and satisfaction between City and Contractor for all costs, damages, and expenses
of whatever kind of nature, including delay, impact or acceleration damages, which may be
occasioned by a Change Order of other modification of the Agreement agreed to in writing.
9.3.2
Accurate Change Order Pricing Information: Contractor agrees that it is responsible for
submitting accurate cost and pricing data to City to support its Fixed Price, Unit Price, or
Cost Plus Change Order Proposals or other Agreement Price adjustments under the
Agreement. Contractor further agrees to submit Change Order proposals with cost and
pricing data which is accurate, complete, current, and in accordance with the terms of
the Agreement with respect to pricing of change orders. Contractor agrees that any “buy-
out savings” on Change Orders will accrue 100% to Owner. “Buy-out savings” are defined
as any savings negotiated by the Contractor with a Subcontractor or a Material Supplier
after receiving approval of a Change Order amount that was designated to be paid to a
specific Subcontractor or Supplier for the Approved Change Order work.
9.3.3
Right to Verify Change Order Pricing Information: Contractor agrees that City, through
its designated representative, will have the right to examine, copy, and scan the records
of the Contractor, Subcontractor or Sub-Subcontractor’s records (during the Agreement
period and up to three years after final payment is made on the Agreement) to verify
the accuracy and appropriateness of the pricing data used to price all Change Order
proposals or claims. Contractor agrees that if City determines the cost and pricing data
submitted (whether approved or not) was inaccurate, incomplete, not current, or not in
compliance with the terms of the Agreement regarding pricing of Change Orders, an
appropriate Agreement Price adjustment will be made. Such post-approval Contact Price
adjustments will apply to all levels of contractors and Subcontractors and to all types of
Change Order proposals, specifically including Fixed Price, Unit Price, and Cost Plus Change
Orders.
9.3.4
Requirements for Detailed Change Order Pricing Information: Contractor agrees to
provide a detailed breakdown of allowable labor and labor burden cost (i.e., base wage
rate of applicable classifications of workers, payroll taxes, and insurance and benefits
costs). This information will be used to evaluate the potential cost of labor and labor burden
related to Change Order work. It is intended that this information represent an accurate
estimate of the Contractor’s actual labor and labor burden cost components. Information
is not intended to establish fixed billing or Change Order pricing labor rates. However, at the
time Change Orders are priced, the submitted cost data for labor rates may be used to price
Change Order work. The accuracy of any such agreed upon labor rate cost components
used to price Change Orders will be subject to later audit. Approved Change Order
amounts may be adjusted later to correct the impact of inaccurate labor cost
components if the agreed upon labor cost components are determined to be inaccurate.
General Conditions
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GC-43 of 75
9.4
EMERGENCIES
In any emergency affecting the safety of persons or property, Contractor will act, at its
discretion, to prevent threatened damage, injury or loss. Any change in the Agreement Price
or Agreement Time resulting from emergency work will be determined as provided in this
Section.
9.5
DIFFERING SITE CONDITIONS
9.5.1
If Differing Site Conditions are encountered at the Project Site, then notice by the observing
party must be given to the other party promptly before conditions are disturbed (to the extent
practicable) and in no event later than 14 Days after first observance of the conditions.
City will promptly investigate such conditions and, if City determines that Differing Site
Conditions exist and they materially cause an increase in the cost of, or time required for,
performance of any part of the Work, Contractor will be entitled to equitable adjustment
in the Agreement Price or Construction Schedule (and other time requirements), or both.
If it is determined by City that the conditions at the Project Site are not Differing Site
Conditions and no change is justified, then City will so notify Contractor in writing, stating the
reasons. Claims in opposition to such determination must be made within 14 Days after
City has given notice of its decision. If City and Contractor cannot agree on an adjustment
in the Agreement Price or Construction Schedule (and other time requirements), the
adjustment may be submitted to dispute resolution as provided these General Conditions.
9.6
CHANGES IN LAWS, REGULATIONS, OR LEGAL REQUIREMENTS OR TAXES
In the event of a material change in applicable Laws, Regulations, or Legal Requirements, or
taxes subsequent to the date of the Agreement by the parties, Contractor may be entitled
to a Change Order, in City’s discretion, to the extent Contractor can document to the
satisfaction of City that such change significantly increases Contractor’s actual cost of
performance of the Work.
SECTION 10 -SUSPENSION AND TERMINATION
10.1
SUSPENSION
City may suspend the Agreement and Contractor’s performance in accordance with MAG
Specifications § 105.1 and 108.7.
10.2
TERMINATION BY THE CITY FOR CAUSE
10.2.1
MAG Specifications § 108.11 applies to the Agreement.
10.2.2
City may also terminate the Agreement if City determines, in its sole discretion that
Contractor has:
a. After prior written notice, refused or failed to supply enough properly skilled
workers or proper materials;
b. After prior written notice, failed to make payment to Subcontractors for
materials or labor in accordance with the respective agreements between
Contractor and the Subcontractors;
c.
After prior written notice, disregards laws, ordinances, or rules, regulations or
orders of a public authority having jurisdiction;
d. After prior written notice, repeatedly failed to comply with written directives
from City;
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GC-44 of 75
e. Is adjudged as bankrupt or insolvent;
f.
Made a general assignment for the benefit of creditors;
g. Appointed a trustee or receiver for itself or any of its property;
h. Filed a petition to take advantage of any debtor's act, or to reorganize under
the bankruptcy or similar laws; or
i.
Otherwise breached a provision of the Agreement Documents or any other
Agreement between City and Contractor.
10.2.3
When any of the above reasons exist, City may terminate the Agreement, without prejudice
to any other rights or remedies of City, after giving Contractor and Contractors’ surety, if
any, 7 Days written notice of City’s intent to terminate the Agreement and Contractor’s
failure to cure any such reasons. Upon such termination, City may: (1) take possession of
the Site and of all materials thereon owned by Contractor; or (2) finish the Work by whatever
reasonable method City may deem expedient. When City terminates the Agreement for one
of the reasons state above, Contractor will not be entitled to receive further payment until
the Work is finished. If the unpaid balance of the Agreement Price existing at the time of
such termination exceeds the costs and expenses of finishing the Work and any other
damages incurred by City, such excess will be paid to Contractor. If such costs, expenses
and damages exceed such unpaid balance, Contractor must pay the difference to City. This
obligation for payment will survive termination of the Agreement.
10.3
TERMINATION BY CITY FOR CONVENIENCE
City may also terminate the Agreement at any time for its convenience upon 7 Days written
notice to Contractor specifying the termination date. In the event of termination which is
not the fault, in whole or in part, of Contractor, City will pay to Contractor only such
compensation, including reimbursable expenses, due for Work properly performed on
the Project prior to the termination date. Upon any termination of the Agreement, no
further payments will be due from City to Contractor.
10.4
A.R.S. § 38-511
The Agreement is subject to, and may be terminated by City in accordance with, the
provisions of A.R.S. § 38-511.
SECTION 11 -INSURANCE AND BONDS
11.1
INSURANCE REQUIREMENTS
11.1.1
After Agreement award, the Contractor must furnish the City a certificate of insurance on a
standard insurance industry ACORD form. The ACORD form must be issued by an insurance
company authorized to transact business in the State of Arizona possessing a current A.M.
Best, Inc. rating of A-7, or better and legally authorized to do business in the State of Arizona
with policies and forms satisfactory to City. Provided, however, the A.M. Best rating
requirement may not be deemed to apply to required Worker’s Compensation coverage.
11.1.2
The Contractor and any of its Subcontractors must procure and maintain, until all of their
obligations have been discharged, including any warranty periods under this Agreement are
satisfied, the insurances set forth below.
11.1.3
The insurance requirements set forth below are minimum requirements for this Agreement
and in no way limit the indemnity covenants contained in this Agreement.
General Conditions
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GC-45 of 75
11.1.4
The City in no way warrants that the minimum insurance limits contained in this Agreement
are sufficient to protect Contractor from liabilities that might arise out of the performance
of the Agreement services under this Agreement by Contractor, its agents, representatives,
employees, or Subcontractors and the Contractor is free to purchase any additional
insurance as may be determined necessary.
11.1.5
Failure to demand evidence of full compliance with the insurance requirements in this
Agreement or failure to identify any insurance deficiency will not relieve the Contractor
from, nor will it be considered a waiver of its obligation to maintain the required insurance
at all times during the performance of this Agreement.
11.1.6
Use of Subcontractors: If any Work is subcontracted in any way, the Contractor must
execute a written agreement with Subcontractor containing the same Indemnification
Clause and Insurance Requirements as the City requires of the Contractor in this
Agreement. The Contractor is responsible for executing the Agreement with the
Subcontractor and obtaining Certificates of Insurance and verifying the insurance
requirements.
11.2
MINIMUM SCOPE AND LIMITS OF INSURANCE
11.2.1
The Contractor must provide coverage with limits of liability not less than those stated
below.
11.2.1.1
Commercial General Liability-Occurrence Form. Contractor must maintain “occurrence”
form Commercial General Liability insurance with a limit of not less than $2,000,000 for each
occurrence, $4,000,000 aggregate. Said insurance must also include coverage for products
and completed operations, independent contractors, personal injury and advertising injury.
If any Excess insurance is utilized to fulfill the requirements of this paragraph, the Excess
insurance must be “follow form” equal or broader in coverage scope than underlying
insurance.
11.2.1.2
Automobile Liability-Any Automobile or Owned, Hired and Non-Owned Vehicles. Contractor
must maintain Business/Automobile Liability insurance with a limit of $1,000,000 each
accident on Contractor owned, hired, and non-owned vehicles assigned to or used in the
performance under this Agreement. If any Excess or Umbrella insurance is utilized to fulfill
the requirements of this paragraph, the Excess or Umbrella insurance must be “follow
form” equal or broader in coverage scope than underlying insurance.
11.2.1.3
Workers Compensation and Employers Liability Insurance. Contractor must maintain
Workers Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor employees engaged in the performance of Work
under this Agreement and must also maintain Employers’ Liability insurance of not less than
$1,000,000 for each accident and $1,000,000 disease for each employee.
11.2.1.4
Builders’ Risk/Installation Floater Insurance. The Contractor bears all responsibility for loss
to all equipment or Work under construction. Unless waived in writing by the City the
Contractor will purchase and maintain in force Builders’ Risk/Installation Floater insurance
on the entire Work until completed and accepted by the City. This insurance will be Special
Causes of Loss policy form, (minimally including perils of fire, flood, lightning, explosion,
windstorm and hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism,
malicious mischief, and collapse), completed value, replacement cost policy form equal to
the Agreement Price and all subsequent modifications. The Contractor’s Builders’
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GC-46 of 75
Risk/Installation Floater insurance must be primary and not contributory.
a. Builders’ Risk/Installation Floater insurance must cover the entire Work
including reasonable compensation for architects and engineers’ services
and expenses and other “soft costs” made necessary by an insured loss.
Builders’ Risk/Installation Floater insurance must provide coverage from the
time any covered property comes under the Contractor’s control and or
responsibility, and continue without interruption during course of
construction, renovation and or installation, including any time during which
any Project property or equipment is in transit, off Site, or while on Site for
future use or installation. Insured property must include, but not be limited
to, scaffolding, false work, and temporary buildings at the Site. This
insurance must also cover the cost of removing debris, including demolition
as may be legally required by operation of any law, ordinance, regulation or
code.
b. The Contractor must also purchase and maintain Boiler and Machinery
insurance with the same requirements as Builders’ Risk/Installation Floater
insurance cited above if the Work to be performed involves any exposures
or insurable property normally covered under a Boiler and Machinery
insurance policy or made necessary as required by law or testing
requirements in the performance of this Agreement. The Contractor will be
responsible for any and all deductibles under these policies and the
Contractor waives all rights of recovery and subrogation against the City
under the Contractor- Builders’ Risk/Installation Floater insurance described
herein.
c. Builders’ Risk/Installation Floater Insurance must be maintained until
whichever of the following first occurs: (i) final payment has been made; or,
(ii) until no person or entity, other than the City, has an insurable interest in
the property required to be covered.
d. The Builders’ Risk/Installation Floater insurance must be endorsed so that
the insurance will not be canceled or lapse because of any partial use or
occupancy by the City.
e. The Builders Risk/Installation Floater insurance must include as named
insureds, the City, the Contractor, and all tiers of Subcontractors and others
with an insurable interest in the Work who will be named as additional
insureds unless they are able to provide the same level of coverage with the
City and Contractor named as additional insureds. Certificates must contain
a provision that the insurance will not be canceled or materially altered
without at least 30 Days advance notice to the City. The City must also be
named as a Loss Payee under the Builders’ Risk/Installation Floater coverage.
f.
The Builders Risk/Installation Floater insurance must be written using the
Special Causes of Loss policy form, replacement cost basis.
g. All rights of subrogation under the Builders Risk/Installation Floater
insurance are, by this Agreement, waived against the City, its officers,
officials, agents and employees.
h. The Contractor is responsible for payment of all deductibles under the
Builders’ Risk/Installation Floater insurance policy.
General Conditions
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GC-47 of 75
11.2.1.5
Pollution Liability Insurance (Including Errors and Omissions). For Job Orders, Pollution
Liability Insurance is only required if applicable and determined on a project specific basis.
Contractor must maintain Pollution Liability Insurance with a limit of not less than
$5,000,000 per loss, $5,000,000 aggregate for losses caused by pollution conditions
including coverage for bodily injury, property damage, defense costs, clean-up costs, and
completed operations that arise from the operations of Contractor as described in this
Agreement.
a. The policy must provide for complete professional service coverage,
including coverage for pollution liability that is a result of a breach of
professional duties.
b. The policy must provide for protection again claims for third-party bodily
injury, property damage, or environmental damage caused for pollution
conditions resulting from general contracting activities for which Contractor
is legally liable.
c. The policy must provide for cleanup costs when mandated by governmental
entities, when required by law, or as a result of third-party claims.
d. Completed Operations Coverage must be kept in place for up to the statute
of repose.
e. The policy must be endorsed to include the following additional insured
language: “City, its elected officials, trustees, employees, agents, and
volunteers must be named as additional insureds with respect to liability
arising out of the activities performed by, or on behalf of Contractor”.
f.
If Work under this Agreement requires the transportation of any hazardous
material or regulated substances, Contractor must carry Auto Liability with a
CA 9948 endorsement or equivalent.
g. If Work under this Agreement requires the disposal of any hazardous
materials from the job site, Contractor must obtain a certificate of insurance
for Pollution Legal Liability from the disposal site operator with a limit of not
less than $5,000,000 per loss, $5,000,000 aggregate.
11.3
ADDITIONAL POLICY PROVISIONS REQUIRED
11.3.1
Self-Insured Retentions or Deductibles. Any self-insured retentions and deductibles must
be declared and approved by the City. If not approved, the City may require that the insurer
reduce or eliminate any deductible or self-insured retentions with respect to the City, its
officers, officials, agents, employees, and volunteers.
11.3.2
The Contractor’s insurance must contain broad form contractual liability coverage.
11.3.3
The Contractor's insurance coverage must be primary insurance with respect to the City, its
officers, officials, agents, and employees. Any insurance or self-insurance maintained by
the City, its officers, officials, agents, and employees will be in excess of the coverage
provided by the Contractor and must not contribute to it.
11.3.4
The Contractor's insurance must apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
11.3.5
Coverage provided by the Contractor must not be limited to the liability assumed under the
General Conditions
Revised: 7/20/22
GC-48 of 75
indemnification provisions of this Agreement.
11.3.6
The policies must contain a severability of interest clause and waiver of subrogation against
the City, its officers, officials, agents, and employees, for losses arising from Work
performed by the Contractor for the City.
11.3.7
The Contractor, its successors and or assigns, are required to maintain Commercial General
Liability insurance as specified in this Agreement for a minimum period of 3 years following
completion and acceptance of the Work. The Contractor must submit a Certificate of
Insurance evidencing Commercial General Liability insurance during this 3 year period
containing all the Agreement insurance requirements, including naming the required
Additional Insureds set forth herein.
11.3.8
If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably
rely upon the Certificate of Insurance as evidence of coverage but this acceptance and
reliance will not waive or alter in any way the insurance requirements or obligations of this
Agreement.
11.3.9
Insurance Cancellation During Agreement Term.
11.3.9.1
If any of the required policies expire during the life of this Agreement, the Contractor must
forward renewal or replacement Certificates to the City within 10 Days after the renewal
date containing all the required insurance provisions.
11.3.9.2
Each insurance policy required by the insurance provisions of this Agreement must provide
the required coverage and must not be suspended, voided or canceled except after 30 Days
prior written notice has been given to the City, except when cancellation is for non-payment
of premium, then 10 Days prior notice may be given. Such notice must be sent directly to
Chandler Law-Risk Management Department, Post Office Box 4008, Mailstop 628, Chandler,
Arizona 85225. If any insurance company refuses to provide the require notice, the
Contractor or its insurance broker must notify the City of any cancellation, suspension, non-
renewal of any insurance within 7 Days of receipt of insurers’ notification to that effect.
11.3.10
City as Additional Insured. The above-referenced policies are to contain, or be endorsed to
contain, the following provisions:
11.3.10.1
The Commercial General Liability and Automobile Liability policies are to contain, or be
endorsed to contain, the following provisions: The City, its officers, officials, agents, and
employees are additional insureds with respect to liability arising out of activities performed
by, or on behalf of, the Contractor including the City's general supervision of the Contractor;
Products and Completed Operations of the Contractor; and automobiles owned, leased,
hired, or borrowed by the Contractor.
11.3.10.2
The City, its officers, officials, agents, and employees must be additional insureds to the full
limits of liability purchased by the Contractor even if those limits of liability are in excess of
those required by this Agreement.
11.4
BONDS AND OTHER PERFORMANCE SECURITY
11.4.1
After Agreement award, Contractor must provide a Performance Bond and a Payment
Bond, each in an amount equal to the full amount of the Agreement Price.
11.4.2
Each such bond must be executed by a surety company or companies holding a Certificate
General Conditions
Revised: 7/20/22
GC-49 of 75
of Authority to transact surety business in the State of Arizona, issued by the Director of the
Arizona Department of Insurance and must be named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of
Accounts, U.S. Treasury Department. A copy of the Certificate of Authority must accompany
the bonds. The Certificate must have been issued or updated within two (2) years prior to
the execution of this Agreement. The bonds must be written or countersigned by an
authorized representative of the surety who is either a resident of the state of Arizona or
whose principal office is maintained in this state, as by law required.
11.4.3
The bonds must be made payable and be acceptable to City. The bond forms for the
performance and payment bonds must be in the forms required under A.R.S. § 34-221, et.
Seq., as in Appendices 4 and 5 of these General Conditions.
11.4.4
Upon the request of any person or entity appearing to be a potential beneficiary of bonds
covering payment of obligations arising under the Agreement Documents, Contractor must
promptly furnish a copy of the bonds or must permit a copy to be made.
11.4.5
All bonds submitted for this Project must be provided by a company which has been rated AM
Best rating of A- or better for the prior four quarters by the latest edition of the ‘Results
Best’s Key Rating Guide (Property/Casualty)” published by the A.M. Best Company.
11.4.6
Personal or individual bonds are not acceptable.
11.4.7
If the surety on any Bond furnished by Contractor is declared a bankrupt or becomes
insolvent, or Contractor’s 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 this Section 11.4, Contractor
must within 5 Days thereafter substitute another Bond and surety, both of which must be
acceptable to City.
SECTION 12 - INDEMNIFICATION
12.1
To the extent permitted by law, the Contractor and its owners, officers, directors, agents,
employees, and subconsultants (collectively "lndemnitor") must indemnify, save, and hold
harmless the City and its officers, officials, agents, and employees (collectively "lndemnitee")
from any and all claims, actions, liabilities, damages, losses, or expenses (including court
costs, attorneys' fees, and costs of claim processing, investigation, and litigation) (collectively
"Claims") caused or alleged to be caused, in whole or in part, by the negligent, reckless,
wrongful, or willful acts, errors, or omissions of Indemnitor in connection with this
Agreement. This indemnity includes any Claim or amount arising out of or recovered under
workers' compensation laws or on account of Indemnitor's failure to conform to any federal,
state, or local law, statute, ordinance, rule, regulation, or court decree. Indemnitor must
indemnify lndemnitee from and against any and all Claims, except those arising solely from
lndemnitee's own negligent, reckless, wrongful, or willful acts, errors, or omissions.
Indemnitor is responsible for primary loss investigation, defense, and judgment costs where
this indemnification applies. In consideration of the award of this Agreement, Indemnitor
agrees to waive all rights of subrogation against lndemnitee for losses arising from or
related to this Agreement. Indemnitor's obligations under this provision survive the
termination or expiration of this Agreement.
SECTION 13 -DISPUTE RESOLUTION
General Conditions
Revised: 7/20/22
GC-50 of 75
13.1
All disputes arising out of or relating to the Agreement, the Work or the Project, other than
termination under Section 10, will be resolved pursuant to the Dispute Resolution
process set forth in Appendix 6 of these General Conditions, and not pursuant to MAG
Specifications § 110.
13.2
Contractor agrees that during any dispute between the parties, Contractor will continue to
perform its obligations under the Agreement until such dispute is resolved.
13.3
Notwithstanding any other provision in this Agreement, City has the right to immediately file
in court and pursue an action for a temporary restraining order and injunctive relief against
Contractor if City determines that such action is necessary to protect its interests under the
Agreement, to obtain specific performance of any provision of the Agreement, to advance
the completion of the Project, or to protect health, welfare and safety.
SECTION 14 - MISCELLANEOUS PROVISIONS
14.1
AGREEMENT DOCUMENTS
14.1.1
The Agreement Documents are intended to permit the parties to complete the Work
and all obligations required by the Agreement Documents within the Agreement Times for
the Agreement Price. The Agreement Documents are intended to be complementary and
interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a
manner consistent with construction and design industry standards.
14.1.2
It is the intent of the Agreement Documents to describe a functionally complete Project (or
part thereof) to be constructed in accordance with the Agreement Documents. Any labor,
documentation, services, materials, or equipment that may reasonably be inferred from the
Agreement Documents or from prevailing custom or trade usage as being required to
produce the intended result must be provided by Contractor whether or not specifically
called for at no additional cost to City.
14.1.3
The Agreement Documents establish the rights and obligations of the parties and include
the Agreement, Addenda (which pertain to the Agreement Documents), Contractor's Bid or
Proposal (including documentation accompanying the Bid and any post-Bid documentation
submitted prior to Agreement award) when attached as an exhibit to the Agreement, the
accepted Project Schedule, the Notice to Proceed, the Performance Bond, the Payment
Bond, Project Design, Engineering and Specifications, these General Conditions, the Project
Specific Special Provisions, Technical Specifications, Agreement Drawings, as the same may
be more specifically identified in the Agreement, Change Orders, Work Change Directives,
Field Orders and the written interpretations and clarifications of the Design Professional or
City representative and Modifications issued after execution of the Agreement. Approved
Shop Drawings and the reports and drawings of subsurface and physical conditions are not
Agreement Documents.
14.1.4
In the event of any inconsistency, conflict, or ambiguity between or among the Agreement
Documents, the Agreement Documents will take precedence as follows from highest to
lowest: Change Orders, Addenda, Agreement, Project Specific Special Provisions, General
Conditions, Technical Specifications, Drawings/Plans, Chandler Amendments to MAG
Standard Specifications and Chandler Standard Details, and MAG Uniform Standard
Specifications and Details for Public Works Construction. If applicable to this Agreement,
Federal Provisions prevail.
General Conditions
Revised: 7/20/22
GC-51 of 75
14.1.5
On the Drawings, given dimensions will take precedence over scaled measurements and
large scale drawings over small-scale drawings.
14.1.6
Clarifications and interpretations of the Agreement Documents will be issued by the Design
Professional through the City.
14.1.7
The headings used in this Agreement or any other Agreement Documents, are for ease of
reference only and must not in any way be construed to limit or alter the meaning of any
provision.
14.1.8
The Agreement Documents form the entire agreement between City and Contractor.
No oral representations or other agreements have been made by the parties except as
specifically stated in the Agreement Documents.
14.1.9
The Agreement Documents may not be changed, altered, or amended in any way except in
writing signed by a duly authorized representative of each party in the form of a Change
Order.
14.1.10
Re-Use of Documents. Neither Contractor nor any Subcontractor, manufacturer, fabricator,
supplier or distributor will 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 the Design Professional; and they must not re-use any of them on
extensions of the Project or any other project without written consent of City and the Design
Professional and specific written verification or adaptation by the Design Professional.
14.2
REFERENCE STANDARDS
14.2.1
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, will 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
Agreement Documents.
14.2.2
The provisions of any such standard, specification, manual or code, or any instruction of a
Supplier will not change the duties or responsibilities of City, Contractor, Design
Professional or Project Manager, or any of their Subcontractors, consultants, agents, or
employees from those set forth in the Agreement Documents, nor will any such provision
or instruction assign to City, Contractor, Design Professional, or any of their agents, or
employees any duty or authority to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent with the provisions of the
Agreement Documents.
14.3
COMPLIANCE WITH ARIZONA LAW AND FEDERAL LAW
14.3.1
Compliance with A.R.S. § 41-4401. Pursuant to the provisions of A.R.S. § 41-4401, the
Contractor hereby warrants to the City that the Contractor and each of its subcontractors
(“Subcontractors”) must comply with all Federal Immigration laws and regulations that
relate to the immigration status of their employees and the requirement to use E-Verify set
forth in A.R.S. §23-214(A).
14.3.2
A breach of the Contractor Immigration Warranty constitutes a material breach of this
Agreement and subject to penalties up to and including termination of this Agreement.
General Conditions
Revised: 7/20/22
GC-52 of 75
14.3.3
The City retains the legal right to inspect the papers of any Contractor or Subcontractor
employee who works on this Agreement to ensure that the Contractor or Subcontractor is
complying with the Contractor Immigration Warranty. The Contractor agrees to assist the
City in the conduct of any such inspections.
14.3.4
The City may, at its sole discretion, conduct random verifications of the employment records
of the Contractor and any Subcontractors to ensure compliance with Contractors
Immigration Warranty. The Contractor agrees to assist the City in performing any such
random verifications.
14.3.5
The provisions of this Article must be included in any agreement the Contractor enters into
with any and all of its subcontractors who provide services under this Agreement or any
subcontract. “Services” are defined as furnishing labor, time or effort in the State of Arizona
by a contractor or subcontractor. Services include construction or maintenance of any
structure, building or transportation facility or improvement to real property.
14.4
HAZARDOUS ENVIRONMENTAL CONDITIONS
14.4.1
Contractor will 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 Agreement Document to be within the scope of the Work. Contractor will
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.
14.4.2
If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone
for whom Contractor is responsible creates a Hazardous Environmental Condition.
Contractor must immediately:
a. Secure or otherwise isolate such condition;
b. Stop all Work in connection with such condition and in any area affected
thereby; and
c. Notify City and promptly thereafter confirm such notice in writing.
14.4.3
City will promptly retain a qualified expert to evaluate such condition or take corrective
action, if any.
14.4.4
Contractor will be responsible for any and all civil or criminal penalties, fines, damages, or
other charges imposed by any regulatory agency or court for sewage discharges that are in
violation of applicable statutes and laws and that are a result, direct or indirect, of work
performed under this Agreement. Contractor will also be responsible for reimbursement
to City for administration, reporting, and tracking expenses required as a result of any spill
event. In the event the regulatory agency or court imposes a probationary period,
Contractor must post bond for the probationary period to ensure that all such costs are
reimbursed to City. This responsibility will apply whether penalties are imposed directly on
Contractor or any of its Subcontractors, or the City of Chandler. Contractor must defend
and indemnify City against such penalties. Regulatory agencies may include, but are not
limited to, the Arizona Department of Environmental Quality (ADEQ) and the United States
Environmental Protection Agency (USEPA).
14.5
COOPERATION AND FURTHER DOCUMENTATION
General Conditions
Revised: 7/20/22
GC-53 of 75
Contractor agrees to provide City such other duly executed documents as may be
reasonably requested by City to implement the intent of the Agreement Documents.
14.6
ASSIGNMENT
Neither Contractor nor City will, without the written consent of the other assign, transfer or
sublet any portion of this Agreement or part of the Work or the obligations required by
the Agreement Documents, any such assignment will be void, will transfer no rights to the
purported assignee, and would be a material breach of the Agreement.
14.7
SUCCESSORS
Contractor and City intend that the provisions of the Agreement Documents are binding
upon the parties, their employees, agents, heirs, successors and assigns.
14.8
LAWFUL PRESENCE
Pursuant to A.R.S. §§ 1-501 and 1-502, City is prohibited from awarding an agreement to any
natural person who cannot establish that such person is lawfully present in the United
States. To establish lawful presence, a person must produce qualifying identification and
sign a City-provided affidavit affirming the identification provided is genuine. This
requirement will be imposed at the time of agreement award. This requirement does not
apply to business organizations such as corporations, partnerships, or limited liability
companies.
14.9
NO BOYCOTT OF ISRAEL CERTIFICATION
By Contractor's signature on this Agreement, Contractor certifies under A.R.S. § 35-393.01
that Contractor is not currently engaged in and for the duration of this Agreement will not
engage in a boycott of Israel.
14.10
NO THIRD PARTY BENEFICIARY
Nothing under the Agreement Documents will be construed to give any rights or benefits
in the Agreement Documents to anyone other than City and Contractor, and all duties and
responsibilities undertaken pursuant to the Agreement Documents will be for the sole and
exclusive benefit of City and Contractor and not for the benefit of any other party, unless
otherwise expressly set forth in the Agreement Documents.
14.11
GOVERNING LAW AND VENUE
The Agreement and all Agreement Documents will be deemed to be made under, and will
be construed in accordance with and governed by the laws of the State of Arizona without
regard to the conflicts or choice of law provisions thereof. Any court action to enforce any
provision of the Agreement or to obtain any remedy with respect hereto must be brought
in the Superior Court, Maricopa County, Arizona, and for this purpose, each party hereby
expressly and irrevocably consents to the jurisdiction and venue of such Court.
14.12
SEVERABILITY
If any provision of the Agreement Documents or the application thereof to any person or
circumstance will be invalid, illegal or unenforceable to any extent, the remainder of the
affected provision, the remainder of the Agreement Documents, and the application
thereof will not be affected and will be enforceable to the fullest extent permitted by law.
14.13
LEGAL REQUIREMENTS
At all times relevant to its entry into this Agreement and performance of the Services and
the Work, Contractor must fully comply with all Laws, Regulations, or Legal Requirements
applicable to City, the Project, and the Agreement, including, without limitation, those set
General Conditions
Revised: 7/20/22
GC-54 of 75
forth on Exhibit C of the Agreement.
14.14
PARTIAL INVALIDITY
If any provision of the Agreement is held by a court of competent jurisdiction to be invalid,
void or unenforceable, the remaining provisions will nevertheless continue in full force
without being impaired or invalidated in any way.
14.15
ATTORNEYS' FEES
Should either party to the Agreement bring an action to enforce any provision of the
Agreement, the prevailing party will be entitled to recover reasonable attorneys' fees and
costs in connection therewith.
14.16
CONFLICT OF INTEREST
14.16.1
Contractor agrees to disclose any financial or economic interest with the Project property,
or any property affected by the Project, existing prior to the execution of the Agreement.
Further, Contractor agrees to disclose any financial or economic interest with the Project
property, or any property affected by the Project, if Contractor gains such interest during
the course of this Agreement. If Contractor gains financial or economic interest in the
Project during the course of this Agreement,
this may be grounds for terminating this
Agreement. Any decision to terminate the Agreement must be at the sole discretion of City.
14.16.2
Contractor will not engage the services on this Agreement of any present City employee who
was involved as a decision maker in the selection or approval processes, or who negotiated
or approved billings or Agreement Modifications for this Agreement.
14.16.3
Contractor agrees that it will not perform services on this Project for a contractor,
subcontractor, or any supplier, not covered under this Agreement.
14.17
INDEPENDENT CONTRACTOR
Contractor is and must be an independent contractor. Any provisions in the Agreement
Documents that may appear to give City the right to direct Contractor as to the details of
accomplishing the Work or to exercise a measure of control over the Work means that
Contractor must follow the wishes of City as the results of the Work only. These results
must comply with all applicable laws and ordinances.
14.18
NOTICE OF INJURY
Should City or Contractor suffer injury or damage to their person or property because of
any error, omission or act of the other party or of any of the other party's employees or
agents or others for whose acts the other party is legally liable, claim must be made in
writing to the other party within 7 Days of the first observance of such injury or damage.
14.19
CONFIDENTIALITY
Contractor, for the benefit of City, hereby agrees it will not release or cause or permit
to be released to the public any press notices, publicity (oral or written) or advertising
promotion relating to, any statement regarding, or any other public announcement or
disclosure or cause or permit to be publicly announced or disclosed, in any manner
whatsoever, the specific terms and conditions of this Agreement or any comment relating
to the Project or the Site. Notwithstanding the foregoing, Contractor will be entitled to
disclose the terms of the Agreement to the extent required by law or in the course of
enforcing or defending a claim or action hereunder. Contractor must give City reasonably
prompt notice of any disclosure or statement made pursuant to this provision.
General Conditions
Revised: 7/20/22
GC-55 of 75
14.20
DATA CONFIDENTIALITY
14.20.1
As used in the Agreement, “data” means all information, whether written or verbal, including
plans, specifications, renderings, photographs, studies, investigations, audits, analyses,
samples, reports, calculations, internal memos, meeting minutes, data field notes, work
product, proposals, correspondence and any other similar documents or information
prepared by, obtained by, or transmitted to the City in the performance of this Agreement.
14.20.2
Contractor agrees that all data, regardless of form, including originals, images, and
reproductions, prepared by, obtained by, or transmitted to City in connection with the
Contractor’s performance of this Agreement is confidential and proprietary information
belonging to City.
14.20.3
Except as specifically provided in this Agreement, Contractor or its Subcontractors must not
divulge data to any third party without prior written consent of City. Contractor or its
Subcontractors must not use data for any purposes except to perform Work required under
this Agreement. These prohibitions will not apply to the following data provided Contractor
has first given the required notice to City:
a. Data which was known to Contractor or its Subcontractors prior to its
performance under this Agreement unless such data was acquired in
connection with Work performed for City;
b. Data which was acquired by Contractor or its Subcontractors in its
performance under this Agreement and which was disclosed to Contractor
or its Subcontractors by a third party, who to the best of Contractor’s or its
Subcontractor’s knowledge and belief, had the legal right to make such
disclosure and Contractor or its Subcontractors are not otherwise required
to hold such data in confidence; or
c. Data which is required to be disclosed by virtue of law, regulation, or court
order, to which the Contractor or its Subcontractors are subject.
14.20.4
In the event the Contractor or its Subcontractors are required or requested to disclose data
to a third party, or any other information to which the Contractor or its Subcontractors
became privy as a result of any other agreement with City, the Contractor must first notify
City as set forth in this Section of the request or demand for the data. The Contractor or its
Subcontractors must give City sufficient facts so that City can be given an opportunity to
first give its consent or take such action that City may deem appropriate to protect such
data or other information from disclosure.
14.20.5
Unless prohibited by law, within 10 Days after completion of services for a third party on
real or personal property owned or leased by City, the Contractor must promptly deliver, as
set forth in this Section, a copy of all data to City. All data will continue to be subject to the
confidentiality agreements of this Agreement.
14.20.6
Contractor or its Subcontractors assume all liability for maintaining the confidentiality of
the data in its possession and agree to compensate City if any of the provisions of this
Section are violated by Contractor, its employees, agents, or Subcontractors. Solely for the
purposes of seeking injunctive relief, it is agreed that a breach of this Section will be deemed
to cause irreparable harm that justified injunctive relief in court. Contractor agrees that the
requirements of this Section will be incorporated into all subcontracts entered into by
Contractor. A violation of this Section may result in immediate termination of this
General Conditions
Revised: 7/20/22
GC-56 of 75
Agreement without notice.
14.21
SURVIVAL
All warranties, representations and indemnifications by Contractor must survive the
completion or termination of this Agreement.
14.22
COVENANTS AGAINST CONTINGENT FEES
Contractor warrants that no person has been employed or retained to solicit or secure
this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, and that no member of City Council, or any employee of
City has any interest, financially, or otherwise, in the firm. For breach or violation of this
warrant, City will have the right to annul the Agreement without liability or at its discretion
to deduct from the Agreement Price or consideration, the full amount of such commission,
percentage, brokerage, or contingent fee.
14.23
NO WAIVER
The failure of either party to enforce any of the provisions of the Agreement Documents or
to require performance of the other party of any of the provisions hereof must not be
construed to be a waiver of such provisions, nor will it affect the validity of the Agreement
Documents or any part thereof, or the right of either party to thereafter enforce each and
every provision.
14.24
NONEXCLUSIVE REMEDIES
The remedies set forth in this Agreement are cumulative and not exclusive, and failure to
exercise any remedy (including, without limitation, any right to terminate) will not preclude
any party from exercising any other right in seeking any other remedy available to it at law
or in equity.
14.25
PROJECT COMMUNICATIONS
14.25.1
All communications concerning the performance of the Work or the Project will be provided
to the designated Project Manager and Contractor’s Representative set forth in Article 1
of the Agreement. City may change the designated Project Manager and, subject to
Section 4.4.20 of
these General Conditions, Contractor may change Contractor
Representative, by written notice to the other.
14.25.2
Project communications may be exchanged by e-mail, but email communications cannot
change the terms of the Agreement or the Scope of Work, or effectuate any change that
requires a written Change Order.
14.25.3
When any provisions of the Agreement Documents requires Contractor or the Design
Professional to give written notice to City, it will be deemed to have been validly given if
delivered in person or if delivered at or sent by registered or certified mail, postage prepaid,
to the Parties indicated in Agreement Article 1, incorporated by reference.
14.25.4
When any provisions of the Agreement Documents requires City, Project Manager, or the
Design Professional to give written notice to Contractor, it will be deemed to have been
validly given if delivered in person to the person designated in the Agreement Documents
as Contractor’s Resident Superintendent, or if delivered at or sent by registered or certified
mail, postage prepaid, to Contractor at the last address in the Agreement Documents or
such substitute address which Contractor designates in writing, or to the business address
known to the giver of notice.
General Conditions
Revised: 7/20/22
GC-57 of 75
14.26
DRUG FREE WORKPLACE PROGRAM
14.26.1
City has adopted a policy establishing a drug free workplace for itself and as a requirement
for Contractors doing business with City, to ensure the safety and health of employees
working on City projects.
14.26.2
Contractor must require a drug free workplace for all employees working under the
Agreement. Specifically, all employees of Contractor who are working under an
agreement with City must be notified, in writing, by Contractor that they are prohibited
from the manufacture, distribution,
dispensation, possession or unlawful use of a
controlled substance in the workplace.
14.27
Failure to require a drug free workplace in accordance with the City’s policy may result
in termination of the Agreement and possible debarment form bidding on future City
projects.
SECTION 15 - PROVISIONS APPLICABLE SOLELY TO GMP AND COST-BASED AGREEMENTS,
CHANGE ORDERS, AND JOB ORDERS
15.1
ADDITIONAL DEFINITIONS
The definitions set forth in Section 2 apply to GMP and Cost-Based Agreements, Change
Orders, and Job Orders, together with the additional definitions set forth below.
Baseline Cost Model –
A breakdown and estimate of the scope of the Project developed by CM@Risk pursuant to Section 17.5
of these General Conditions.
CM@Risk or Construction Manager at Risk –
The person or firm selected by City to provide pre-construction and/or construction services as
detailed in a Construction Manager at Risk Agreement with City. In these General Conditions, the
term “Contractor” includes CM@Risk under both Pre-Construction and Construction Services
Agreements.
CM@Risk Fee or Contractor’s Fee –
An agreed to percentage in an accepted GMP that represents the Contractor’s fee for performance of
the Work.
Agreement Documents –
Where compensation under the Agreement is based upon a GMP accepted by City, the term
“Agreement Documents” also includes the accepted GMP Proposal.
Agreement Price –
Where compensation under the Agreement based upon a GMP accepted by City, the term
“Agreement Price” refers to the GMP.
Cost-Based Agreement, Change Order, or Job Order –
A Agreement, Change Order, or Job Order where the Agreement Price is based upon the actual
cost of performing the Work, subject to the terms of the Agreement Documents, including this
Section 15. These would include those generally referred to as “Cost of the Work plus a Fee with
a GMP,” “Time and Materials,” or “Cost Plus a Fee.”
Cost of the Work –
The direct costs necessarily incurred by Contractor in the proper, timely, and complete performance
on the Work. The Cost of the Work will include only those costs set forth in Section 15.2 of these
General Conditions
Revised: 7/20/22
GC-58 of 75
General Conditions.
Deliverables –
The work products prepared by Contractor in performing the scope of work described in the
Agreement. Some of the major deliverables to be prepared and provided by Contractor during pre-
construction may include but are not limited to: the Baseline Cost Model and Schedule that validate
City’s plan and budget, Construction Management Plan, Detailed Project Schedule, Schedule of Values,
alternative system evaluations, procurement strategies and plans, Detailed Cost Estimates,
construction market surveys, cash flow projections, GMP Proposals, Subcontractor procurement plan,
Subcontractor agreements, Subcontractor bid packages, Supplier agreements, Constructability
Review, Cost Control Log, Traffic control and phasing plans and others as indicated in this Agreement
or required by the Project Team.
Pre-Construction Services Agreement –
The Agreement entered into between City and the CM@Risk for Pre-Construction Services to be
provided by the CM@Risk, including, without limitation, the generation of a GMP Proposal. If the GMP
Proposal is accepted by City and a Construction Agreement is entered into between City and CM@Risk,
the duties, obligations and warranties of the CM@Risk under the Pre-Construction Services
Agreement survive and are incorporated into the resulting Construction Agreement.
Pre-Construction Services –
The services to be provided under the Pre-Construction Services Agreement, including Section 17 of
these General Conditions.
Detailed Project Schedule –
The Detailed Project Schedule developed by the CM@Risk for the review and approval of the Project
Manager in accordance with Section 17.3 of these General Conditions, if applicable.
General Conditions Costs –
Those costs set forth in Section 4 of Appendix 9 to these General Conditions.
GMP Plans and Specifications –
The plan and specifications upon which the Guaranteed Maximum price Proposal is based.
GMP Proposal –
The proposal of Contractor submitted pursuant to Section 17.7 of these General Conditions for the
entire Work and/or portion (phases) of the Work.
Guaranteed Maximum Price or GMP –
The Guaranteed Maximum Price set forth in the Agreement, Change Order, or Job Order if applicable.
15.2
AGREEMENT PRICE
15.2.1
The Agreement Price for all Agreements, Change Orders, and Job Orders based upon
payment of the Cost of the Work plus a Fee with a GMP, time and materials, or cost-plus a
fee will be the Cost of the Work incurred plus the Fee agreed to in writing by City, limited to
the amount of the GMP, if agreed to. Unless otherwise expressly provided in the Agreement,
Change Order, or Job Order, all Cost Based pricing will be subject to and limited to GMP.
15.2.2
The Agreement Price may only be changed as set forth in Section 9 above.
General Conditions
Revised: 7/20/22
GC-59 of 75
15.2.3
Only costs specifically designated as reimbursable costs are eligible for payment by City or
may be charged against the Agreement Price. All other costs will not be paid by City and will
not be chargeable against the Agreement Price.
15.2.4
Cost-Based Agreements. For Agreements, Change Orders, or Job Orders, reimbursable
costs must be determined pursuant to Appendix 9 to these General Conditions, Cost of the
Work, and not by MAG Specifications §109.5.
15.3
ALLOWANCES
15.3.1
Contractor must include in the Agreement Price all Allowances stated in the Agreement
Documents and agreed to in writing by City. Items covered by these Allowances must be
supplied for such amounts and by such persons as City may direct, provided Contractor will
not be required to employ persons against whom Contractor makes a reasonable objection.
Materials, labor, and equipment under an Allowance will be selected by City in accordance
with a schedule to be mutually agreed upon by City, Design Professional and Contractor or
otherwise in reasonably sufficient time to avoid delay in the Work.
15.3.2
Unless otherwise provided in the Agreement Documents:
15.3.2.1
These Allowances must cover the cost to Contractor, less any applicable trade discount, of
the materials, labor, and equipment required by the Allowances, delivered at the Site, and
all applicable taxes;
15.3.2.2
Contractor’s costs for unloading and handling on the Site, labor, installation costs, overhead,
profit and other expenses relating to materials, labor, and equipment required by the
Allowance must be included in the Agreement Sum and not in the Allowance; and
15.3.2.3
Whenever the cost is more or less than the Allowance, the Agreement Sum must be
adjusted accordingly by Change Order, the amount of which will recognize the difference
between actual costs for an Allowance item and the amount of the Allowance item and
changes, if any, in handling costs on the Site, labor, installation costs, overhead, profit and
other expenses.
15.4
CONTINGENCY
An agreed to amount in the GMP that may only be used in accordance with the terms set
forth in these General Conditions and with prior written approval by the City.
15.4.1
Construction Contingency. This GMP includes a dollar amount listed as a Construction
Contingency which will be readily available for increased costs for subcontractors, material,
and equipment subject to prior approval of City, which approval will not be withheld
unreasonably. The Construction Contingency may also be used, at the discretion of City, to
reimburse CM@Risk for unexpected costs due to (a) scope gaps between trade
subcontractors; (b) agreement default by trade subcontractors; (c) unforeseen field
conditions, but only as defined in Section 9.5 above; (d) work completed to meet the intent
of the design, but which was not indicated on the plans; (e) costs overruns not covered by
allowances; (f) costs of corrective work not provided for elsewhere; and (g) implementation
of any Recovery Plan. Cost for which CM@Risk desires to be paid from the Construction
Contingency must be documented by CM@Risk on a time and materials basis and are
subject to verification by City. If agreed to by City, a “Use of Contingency” form will be
executed by both parties authorizing the actual cost of the work to be paid and included in
the Work Item Direct Costs. The Construction Contingency is not allocated to any particular
General Conditions
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item of the Project but may be used for any portion of the work as determined above. Any
amount not used in the Construction Contingency will belong to City and will reduce the
GMP.
15.4.2
Owner’s Contingency. This GMP also includes a dollar amount listed as an Owner’s
Contingency which may be used only by the City (owner department) for upgrades and
changes in scope or other changes not already included within the intent of the Project
Program. City will provide CM@Risk with a Work Change Directive authorizing CM@Risk to
perform the additional work and to transfer funds from the Owner’s Contingency to the
Work Item Direct Costs category to be paid with such direct costs. These additional costs
will be in an amount mutually agreed upon by CM@Risk and City or will be documented by
CM@Risk on a time and materials basis and are subject to verification by City. Any amount
not used in the Owner’s Contingency will belong to the City and will reduce the GMP.
15.5
REDUCTION IN RETENTION
If the Agreement Price is based upon a GMP, in order to receive payment of one-half of the
retention as set forth in Section 8.1.5 above, Contractor must also submit to the Project
Manager a complete accounting of the Actual Reimbursable Cost of the Work to date,
including all such documentation (including, without limitation, invoices, subcontract,
subcontractor change orders, purchase orders, records of payment, etc.) as City may require,
to establish whether the payments made to Contractor equal, exceed, or are less than the
actual reimbursable Cost of the Work to date. Any excess payments by City, as determined
by the Project Manager, will be deducted from the one-half retention payment to be made
to Contractor, and any additional excess amounts paid to Contractor will be refunded by
Contractor to City. The Project Manager’s determinations as to Actual Reimbursable Cost
of the Work will be the basis of payment until final Project Closeout and Final Payment
under the Agreement.
15.6
FINAL PAYMENT
If the Agreement Price is based upon a GMP, as a further condition precedent to Final
Payment by City, Contractor must submit to the Project Manager a complete final
accounting of the Actual Reimbursable Cost of the Work, including all such documentation
(including, without limitation,
invoices, subcontracts, subcontractor change orders,
purchase orders, records of payment, etc.) as City may require, to establish whether the
payments made to Contractor equal, exceed, or are less than the Actual Reimbursable Cost
of the Work to date. Any excess payments by City, as determined by the Project Manager,
will be deducted from the one-half retention payment to be made to Contractor, and any
additional excess amounts paid to Contractor will be refunded by Contractor to City.
Disputes relating to the Final Cost of the Work will be subject to City’s audit rights under
Sections 8.8 above and 15.7 below, and the dispute resolution process under Section 13
above.
15.7
OPEN BOOK
On any GMP-based or Cost-Based Agreement, Job Order, or Change Order, City may attend
any and all meetings or discussions pertaining to the Project, including bid openings, and
must have access to all books, invoices, accounts, memoranda, correspondence, and
written communications or records of any kind pertaining to the Project, including without
limitation, those stored in electronic format.
15.8
DIFFERING SITE CONDITIONS AND/OR CHANGE IN LAWS
A Change Order for increased costs under Section 9.5 or 9.6 above will only be considered
General Conditions
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or granted by City to the extent such actual, documented costs are justified.
SECTION 16 - PROVISIONS APPLICABLE SOLELY TO JOB ORDER AGREEMENTS (JOC)
16.1
ADDITIONAL DEFINITIONS
The definitions set forth in Sections 2 and below will apply to all Job Order Agreements and
Job Orders. In addition, the definitions set forth in Section 15.1 above will apply to all Cost-
Based Job Orders.
Agreement –
Includes the Job Order Master Agreement and Job Order Project Agreements issued and agreed to by City
and JOC Contractor.
JOC Contractor’s Coefficient –
A numerical factor that represents JOC Contractor total costs (indirect and direct costs, sales tax,
profit, etc.) and other adjustments for market conditions.
Job Order Request for Proposal (RFP) –
The Request for Proposals issued by City for each Job Order Project Agreement relating to a specific
Project.
Job Order Cost Proposal –
The Proposal submitted by JOC Contractor in response to a Job Order Request for Proposal (RFP) issued
by City to develop a Job Order Project Agreement for a specific Project.
Guaranteed Maximum Price (GMP) Job Order –
Job Order under which JOC Contractor is compensated for actual costs incurred.
Job Order Project Agreement (Job Order) –
The agreement for a specific project, as it may be modified by all Change Orders, executed by the
Parties, which incorporates the terms and conditions of the Job Order Master Agreement.
16.2
ORDERING AND PROCESSING PROCEDURES FOR JOB ORDERS
16.2.1
The process for developing and issuing a Job Order for a particular Project consists of three
(3) procedures: (1) issuance of a RFP by City; (2) JOC Contractor’s response to the RFP in the
form of JOC Contractor’s Job Order Cost Proposal; and (3) Issuance of a Job Order by City, as
set for below.
16.2.2
RFP’s For Job Orders
16.2.2.1
City will provide to JOC Contractor RFP with a Scope of Work (SOW) describing the Work to
be performed, which may include special instructions and conditions, material submittal
requirements, and, if applicable, a complete set of sketches, construction drawings and
specifications for the Job Order.
16.2.2.2
Some Job Order RFP’s will be issued by City without detailed sketches, drawing and
specifications and will rely on JOC Contractor to produce them for City review and approval
and is considered to be Pre-Construction and incidental design services included in JOC
Contractor’s overhead for GMP Job Orders. In addition JOC Contractor will not be
reimbursed for any Pre-Job Order costs, including proposal preparation, attendance during
negotiations, or site visits.
General Conditions
Revised: 7/20/22
GC-62 of 75
16.2.3
JOC Contractor’s Job Order Cost Proposal
16.2.3.1
JOC Contractor must respond within ten (10) calendar days of the RFP date or site visit,
whichever is later or as otherwise indicated on a case-by-case basis, by submitting JOC
Contractor’s Job Order Cost Proposal to the City representative.
16.2.3.2
Unless otherwise required under the terms of the RFP, JOC Contractor’s Job Order Cost
Proposal must include the following.
a. JOC Contractor’s Job Order Cost Proposal in PDF and electronic format;
b. A Project Schedule and schedule of values that reflects the costs of each work
element on the schedule. The schedule must show all milestones (e.g.,
permits, submittals, ordering materials, demolition, work phases, closeout
and completion date); and
c. Necessary documentation will be required to indicate that adequate scoping,
layout, setup and planning to accomplish the Work has been done.
Examples of documentation that might reasonably be expected include
sketches, drawings, calculations, catalog cuts and specifications produced
to a level of detail and skill that could be expected of experienced,
competent Project Managers with five or more periods experience in their
respective trade.
16.2.3.3
JOC Contractor must select Subcontractors based on qualifications alone or on a
combination of qualifications and price and must not select Subcontractors based on
price alone. A qualifications and price selection may be a one-step selection based on
a combination of qualifications and price or two-step selection. In a two-step selection,
the first step must be based on qualifications alone and the second step may be based or
a combination of qualifications and price or on price alone.
16.2.3.4
Upon request, JOC Contractor must provide City with copies of Subcontractor quotes and
the basis for selection of each Subcontractor.
16.2.3.5
If City objects to a selected Subcontractor, City will make the objection and the reasons for
the objection known to the JOC Contractor. JOC Contractor must then present an
acceptable Subcontractor for the applicable discipline. City will not unreasonably object
to or withhold approval of a Subcontractor.
16.2.3.6
For self-performed work, the City retains the right to have the JOC Contractor establish JOC
Contractor’s costs by bidding their costs against at least three (3) other interested trade
Contractors. No self- performed work will be allowed to be performed on a lump sum basis.
16.2.4
Issuance of Job Order
16.2.4.1
City Representative will compare the JOC Contractor’s Job Order Cost Proposal with the City’s
estimate,
schedules and other requirements, and then, if the City Representative
determines it is in the best interest of City, arrange a meeting with JOC Contractor, at which
time the JOC Contractor’s Job Order Cost Proposal will be discussed and negotiated.
16.2.4.2
If the City Representative determines that it is in the best interest of the City, City will then
issue a Job Order to JOC Contractor for execution.
16.2.4.3
Specific Job Orders may vary, but unless agreed to by City in writing otherwise, the content
General Conditions
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GC-63 of 75
of Job Orders under the Agreement will generally be as follow, all of which will be signed
and/or initialed by JOC Contractor’s designated representative:
a. The description of the Scope of the Work and Project Schedule (attached as
Exhibit A to the Job Order);
b. The address or location of the Work;
c. The Agreement Price for Work (Construction) included in the Project
(attached as Exhibit B to the Job Order);
d. The name of the JOC Contractor representative for the Project;
e. The Drawings and Specifications for the Project;
f.
If any shop drawings, project date and/or samples are required for the Job
Order, the date for delivery of each required item (included in the Project
Schedule, Exhibit A to the Job order); and
g. Project Specific Provisions, if any, in Exhibit A to the Job Order,
including, without limitation, whether any of the following are required:
Pre-Construction Conference, weekly progress meetings, field office,
storage enclosure, materials and equipment handling facility, submittals,
shop drawings, product data, equipment list, samples, project manual,
schedule of values, Construction progress schedule, narrative reports,
progress report, progress charts, progress photographs, materials status
report, Construction diagram, Construction status report, operation and
maintenance data, operating maintenance instructions and parts list, and
as-build drawings.
16.2.5
Job Order Intent. Each Job Order will be interpreted to include all items reasonably
necessary to complete the Project under that Job Order as described in the scope of the
Work in that Job Order. All Work must be performed in a professional manner and all
materials used must be new and of the highest quality and of the type best adapted to
their purpose, unless otherwise specified. The Notice to Proceed date, and the award date
established therein, will be deemed an integral part of the Job Order the same as if set forth
therein.
16.3
INCIDENTAL DESIGN SERVICES
16.3.1
This effort includes all “extensions of design” for systems that are typically specified in
a performance oriented manner by consultants and designers. Examples include: fire
sprinkler systems, fire alarm and sprinkler systems, DDC controls, control systems,
prefabricated metal building and similar situations. These designs are normally provided
under submittals as a shop drawing with engineering backup and as appropriate, seals of
registered engineers specializing in the particular system.
16.3.2
Incidental design includes all documents, sketches, schematic diagrams, floor plan
layouts, equipment schedules and other documents produced by the JOC Contractor to
define the work required for projects that the City does not develop formal or abbreviated
designs requiring a seal by a registered engineer. Incidental design does not include
preparation of designs requiring an architect or engineer seal.
16.3.3
JOC Contractor represents, covenants, and agrees, and contractually assumes the
obligation to furnish, all of the required Design Services through properly licensed and
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GC-64 of 75
experienced Design Professionals in complete accordance with all of the duties imposed
on a Design Professional under the Agreement Documents, Laws, Regulations, or Legal
Requirements, and the common law.
16.3.4
All Design Documents (and all other Project-related documents, models, computer
drawings and other electronic expression, photographs and other expressions CADD, and
BIM files and images included) that JOC Contractor and/or JOC Contractor’s Design
Professional(s) prepare in connection with a Job Order and the copyrights therein
(collectively, the “Instruments of Service”) will be the property of City. JOC Contractor
covenants and agrees to execute any additional document reasonably requested by City
to confirm such assignment without any additional compensation.
16.4
CONSTRUCTION SERVICES
16.4.1
The following subsections of this Section 16.4 set forth requirements beyond those set forth
in Section 4 above which apply to Construction Services performed under a Job Order.
16.4.2
JOC Contractor must perform the Work using only those firms, team members and
individuals designated by JOC Contractor consistent with each Job Order or otherwise
approved by City pursuant to the General Conditions. No other entities or individuals may
be used without the prior written approval of the Project Manager.
16.4.3
Construction Phasing
16.4.3.1
City use of the facilities is anticipated while the Work is being performed. The Work must
be planned and accomplished so that there will be a minimum of interference and
inconvenience to occupants in the building and agencies in the vicinity and to other
craftsmen who may have to do work in the affected facilities. Any blockage of building
exits or driveways must be coordinated in advance.
16.4.3.2
If applicable, furniture, portable office equipment and wall appurtenances not rigidly
fastened to the walls must be moved by JOC Contractor, protected from damage and
replaced to the original position upon completion of the work. If the work required by
the Job Order will not allow furniture and portable office equipment to be replaced to its
original position, new locations will be designated by City. Incidental costs associated with
moving one-piece furnishings up to approximately 150 pounds to perform such tasks as
painting, carpet or tile replacement, etc., are considered a general cost of building
renovation and must be included in the JOC Contractor’s Coefficient. Costs for large scale
or wholesale removal and replacement of large quantities of
desks or modular
workstations, copiers, multiple full file cabinets, etc. to another location or storage outside
the work space, or disassembly and reassembly of modular furniture is not considered
part of the JOC Contractor’s Coefficient and will be priced separately.
16.4.3.3
The work must, so far as practicable, be done in definite sections or divisions and confined
to limited areas which must be completed before work in other sections or divisions are
begun.
16.4.4
Work Site Conflicts. In the event of a conflict between JOC Contractor and others in an
occupied facility or where other Contractors are performing work on the same facility
under other Agreements, City will decide to dispute and that decision will be final.
16.4.5
Ownership of Work Product. Work Product prepared or otherwise created in connection
General Conditions
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GC-65 of 75
with the performance of this Agreement, including the Work, are to be and remain the
property of City. For purposes of this provision, “Work Product” will include all designs,
drawings, plans, specifications, ideas, renderings and other information or matter, in
whatever form created (e.g., electronic or printed) and in all media now known or
hereinafter created. All Work Product will be considered Work Made for Hire as defined
in the United States Copyright Act 17 U.S.C. §101 (Copyright Act). If for any reason any such
Work is found not to be a work for hire, JOC Contractor hereby transfers and assigns
ownership of the copyright in such Work to City. The rights in this Section are exclusive to
City in perpetuity.
16.5
OPTIONAL LIQUIDATED DAMAGES
16.5.1
Specific Job Orders. City will have the right to assess liquidated damages in relation to
any specific JOC Project Agreement as set forth below.
16.5.2
Substantial Completion Liquidated Damages. JOC Contractor acknowledges and agrees
that if JOC Contractor fails to obtain Substantial Completion of the Work within the
Agreement Time, City will sustain extensive damages and serious loss as a result of such
failure. The exact amount of such damages will be extremely difficult to ascertain.
Therefore, City and JOC Contractor agree that if JOC Contractor fails to achieve Substantial
Completion of the Work within the Agreement Time, City will be entitled to retain or
recover from JOC Contractor, as liquidated damages and not as a penalty, the sum per
calendar day as indicated in MAG § 108.9.
16.5.3
Final Acceptance Liquidated Damages. For the same reasons set forth in Section 16.5.2
above, City and JOC Contractor further agree that if JOC Contractor fails to achieve Final
Acceptance of the Work within the Agreement Time, City will be entitled to retain or recover
from JOC Contractor, as liquidated damages and not as a penalty, the sum per calendar
day as indicated in MAG § 108.9 commencing from the actual date of Substantial
Completion or Final Acceptance as required under any specific JOC Project Agreement.
16.5.4
MAG Liquidated Damages. Liquidated damages provisions in MAG § 108.9 may apply to any
specific JOC Project Agreement.
16.5.5
City may deduct liquidated damages assessed pursuant to this Section 16.5 from any
unpaid amounts then or thereafter due JOC Contractor under the Agreement or any
specific JOC Project Agreement between JOC Contractor and City. Any liquidated damages
not so deducted from any unpaid amounts due JOC Contractor must be payable to City
at the demand of City, together with interest from the date of the demand at the highest
lawful rate of interest payable to JOC Contractor.
16.6
PERFORMANCE MEASUREMENT
16.6.1
Performance Assessment. After the Final Acceptance of Work under each Job Order, City
will complete a written evaluation of the performance of JOC Contractor on the Job Order.
16.6.2
Consideration in Assignment of Work. JOC Contractor’s record of cost, schedule and
quality performance and comparative assessments will be significant considerations in
City’s determination whether to award future Job Orders. JOC Contractor agrees that any
determination by City not to not award future Job Orders or Option periods based on
performance will be at the sole discretion of City.
General Conditions
Revised: 7/20/22
GC-66 of 75
SECTION 17 - PROVISIONS APPLICABLE SOLELY TO PRE-CONSTRUCTION SERVICES FOR
CONSTRUCTION MANAGER AT RISK
17.1
ADDITIONAL DEFINITIONS
The definitions set forth in Section 2 and 15.1 above will apply to all Pre-Construction
Services Agreements.
17.2
GENERAL
17.2.1
CM@Risk must perform the Services required by, and in accordance with the Agreement
Documents and as outlined in Exhibit A of the Agreement to the satisfaction of the
Project Manager, exercising the degree of care, skill, diligence and judgment a professional
construction manager experienced in the performance of such services for construction
and/or facilities of similar scope, function, size, quality, complexity and detail to the
Project in urban areas throughout the United States, would exercise at such time, under
similar conditions. CM@Risk must, at all times, perform the required services consistent
with sound and generally accepted engineering principles and construction management
and construction contracting practices.
17.2.2
As a participating member of the Project Team, CM@Risk must provide to City and Design
Professional a written evaluation of City’s Project Program and budget, each in terms of
the other, with recommendations as to the appropriateness of each. CM@Risk must
prepare a Baseline Cost Model that validates City’s budget. The Baseline Cost Model must
include all assumptions and basis of estimates in enough detail so that the Project Team
can compare future detail estimates to the Baseline Cost model for variances. City and
Design Professional will provide all the reasonably required data that is available in
order to reach agreement between the team members that the Baseline Cost Model is an
accurate projection of the costs of the Project.
17.2.3
CM@Risk must attend Project Team meetings, which may include, but are not limited to,
bi- weekly Project management meetings, Project workshops, special Project meetings,
construction document rolling reviews, public meetings and partnering sessions. CM@Risk
attendance at design or other meetings in which CM@Risk is provided the opportunity but
does not actively participate and/or is not properly prepared is not acceptable. Repeated
instances of non-participation and/or lack of preparedness will be grounds for termination
of CM@Risk Agreement for default.
17.2.4
CM@Risk must provide Pre-Construction Services, described herein, in a timely manner
and consistent with the intent of the most current Drawings and Specifications. CM@Risk
must promptly notify City in writing whenever CM@Risk determines any Drawings or
Specifications are inappropriate for the Project and/or cause changes in the scope of Work
that deviates more than the allowed contingencies within the Baseline Cost Model or
requires an adjustment in the Baseline Cost Model, Detailed Cost Estimate, Detailed
Project Schedule, GMP Proposals and/or in the Agreement Time for the Work, to the extent
such as established.
17.2.5
CM@Risk when requested by City, must attend, make presentations and participate as may
be appropriate in public agency and or community meetings, relevant to the Project.
CM@Risk must provide drawings, schedule diagrams, budget charges and other materials
describing the Project when their use is required or appropriate in any such public agency
meetings.
General Conditions
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GC-67 of 75
17.2.6
Ownership of Work Product. All Work Product prepared or otherwise created in connection
with the performance of this Agreement, including the Work, are to be and remain the
property of City. For purposes of this provision, “Work Product” will include all designs,
drawings, plans, specifications, ideas, renderings and other information or material, in
whatever form created (e.g., electronic or printed) and in all media now know or hereinafter
created. All Work Product will be considered Work Made for Hire as defined in the United
States Copyright Act 17 U.S.C.
§101 (Copyright Act). If for any reason any such Work is found not to be a work for
hire, Contractor hereby transfers and assigns ownership of the copyright in such Work to
City. The rights in this Section are exclusive to City in perpetuity.
17.2.7
CM@Risk represents to City in completing Pre-Construction Services and providing the
reports
and analysis required thereunder, that Work can be properly and timely
constructed within the GMP Proposal, if accepted. CM@Risk does not assume any design
responsibilities unless specifically called for in the scope of work, but CM@Risk will be
responsible for their errors, omissions or inconsistencies included in the Work.
17.3
DETAILED PROJECT SCHEDULE
17.3.1
The fundamental purpose of the Detailed Project Schedule is to identify, coordinate and
record the tasks and activities to be performed by all of the Project Team members and
then for the Project Team to utilize that Deliverable as a basis for managing and
monitoring all member’s compliance with the schedule requirements of the Project.
Each Project Team member is responsible for its compliance with the Detailed Project
Schedule requirements. CM@Risk must, however, develop and maintain the Detailed
Project Schedule on behalf of and to be used by the Project Team based on input from the
other Project Team members. The Baseline Project Schedule must be developed as part
of the Baseline Cost Model. The Detailed Project Schedule must use the Critical Path
method (“CPM”) technique, unless required otherwise, in writing by City. CM@Risk must
use scheduling software acceptable to City to develop the Detailed Project Schedule.
The Detailed Project Schedule must be presented in graphical and tabular reports as
agreed upon by the Project Team. If Project phasing as described below is required, the
Detailed Project Schedule must indicate milestone dates for the phases once
determined. As part of construction phase, City may require CM@Risk to prepare a
“resource loaded” schedule for all work, including work performed by Subcontractors,
detailing each of the project tasks and the required/anticipated number of personnel per
day for each task. CM@Risk must also indicate on the schedule its ability to meet said
required/anticipated personnel requirements.
17.3.2
CM@Risk must include and integrate in the Detailed Project Schedule the services and
activities required of City, Design Professional and CM@Risk including all construction
phase activities based on the input received from City and the Design Professional.
The Detailed Project Schedule must define activities as determined by City to the extent
required to show: (a) the coordination between preliminary design and various pre-
construction documents, (b) any separate long-lead procurements, (c) any permitting
issues, (d) any land, right-of-way, or easement acquisition, (e) bid packaging strategy and
awards to Subcontractors and Suppliers, (f) major stages of construction, (g) start-up and
commissioning, and (h) occupancy of the completed Work by City. The Detailed Project
Schedule must include by example and not limitation, proposed activity sequences and
durations for design, procurement, construction and testing activities, milestone dates for
actions and decisions by the Project Team, preparation and processing of shop drawings
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and samples, delivery of materials or equipment requiring long-lead time procurement (if
any), milestone dates for various construction phases, Total Float for all activities to the
extent authorized by City, relationships between the activities,
City’s occupancy
requirements showing portions of the Project having occupancy priority, and proposed
dates for Final Acceptance.
17.3.3
A Baseline Project Schedule must be initiated with the project Baseline Cost Model and
agreed to by the project team at the same time. CM@Risk must update and maintain a
detailed Project Schedule throughout pre-construction such that it will not require major
changes at the start of the construction phase to incorporate CM@Risk’s plan for the
performance of the construction phase Work. CM@Risk must provide updates and/or
revisions to the Detailed Project Schedule for use by the Project Team, whenever required,
but no less often than at the Project Team meetings. CM@Risk must include with such
submittals a narrative describing its analysis of the progress achieved to-date vs. the
Baseline Project Schedule, including any concerns regarding delays or potential delays, and
any recommendations regarding mitigating actions.
17.3.4
If phased construction is deemed appropriate at the time of developing the Baseline Cost
Model or during the development of the Detailed Project Schedule, and City approves,
CM@Risk must review the design and make recommendations regarding the phased
issuance of Construction Documents to facilitate phased construction of the Work, with
the objective of reducing the Project Schedule and/or Cost of the Work. CM@Risk must take
into consideration such factors as natural and practical lines of work severability,
sequencing effectiveness, access and availability constraints, total time for completion,
construction market conditions, labor and materials availability, and any other factors
pertinent to saving time and cost.
17.3.5
Long Lead Time Items. As part of developing the Detailed Project Schedule, CM@Risk must
identify all long lead time materials, fabrications, equipment, or other items which may
impact the Project Schedule and may require early action on the part of the Project Team.
Dates for selecting and ordering long lead time items will be included and highlighted
in the Detailed Project Schedule
17.3.6
Equipment Plan. Contractor must develop an Equipment Plan that addresses all rental
and owned equipment, regardless of whether such equipment will be provided by
CM@Risk or subcontractor(s), that will be necessary to construct the Project and the cost
of which will be included as a Cost of the Work in the GMP Proposal. The Equipment Plan
will seek to minimize the cost of the equipment to City and maximize the efficient and
coordinated use of the equipment for completion of the Project. The Equipment Plan will
not only include the costs and allowable lease rates for the equipment, but will also include
an equipment schedule that will be incorporated into the Detailed Project Schedule and the
Schedule of Values submitted with the GMP Proposal.
17.4
DESIGN DOCUMENT REVIEWS
17.4.1
CM@Risk must evaluate periodically the availability of labor, materials/equipment, cost-
sensitive aspects of the design; and other factors that may create an unacceptable variance
to the Baseline Cost Model and/or Baseline Project Schedule.
17.4.2
CM@Risk must recommend, in conjunction with the Project Team, those additional surface
and subsurface investigations that, in its professional opinion, are required to provide the
necessary
information for CM@Risk to construct the Project.
These additional
General Conditions
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GC-69 of 75
investigations, if agreed to
be necessary by the Project Manager and the Design
Professional, will be acquired by City and copies of the reports will be provided to CM@Risk.
17.4.3
CM@Risk must meet with the Project Team as required to review designs during their
development. CM@Risk must familiarize itself with the evolving documents through
pre-
construction. CM@Risk must proactively advise the Project Team and make
recommendations on factors related to construction costs, and concerns pertaining to the
feasibility and practicality
of any proposed means and methods, selected materials,
equipment and building systems, and, labor and material availability. CM@Risk must
furthermore advise the Project Team on proposed site improvements, excavation and
foundation considerations, as well as, concerns that exist with respect to coordination of
the Drawings and Specifications. CM@Risk must use established value analysis principles
in recommending cost effective alternatives.
17.4.4
CM@Risk must routinely conduct constructability and bid-ability reviews of the Drawings
and Specifications as necessary to satisfy the needs of the Project Team. The reviews must
attempt to identify all discrepancies and inconsistencies in the Construction Documents
especially those related to clarity, consistency, completeness and coordination of Work of
Subcontractors and Suppliers.
17.4.4.1
CM@Risk must evaluate whether: (a) the Drawings and Specifications are configured to
enable efficient construction; (b) design elements are standardized; (c) construction
efficiency
is
properly
considered
in
the
Drawings
and
Specifications;
(d)
module/preassembly design is prepared to facilitate fabrication, transport and installation;
(e) sequences of Work required by or inferable from the Drawings and Specifications are
practicable; (f) the design has taken into consideration efficiency issues concerning access
and entrance to the site, laydown and storage
of materials, staging of site facilities,
construction parking, and other similar pertinent issues; and (g) the design maintains
continued operation of the existing City systems and maintains traffic on adjacent
roadways. CM@Risk must also review the Drawings and Specifications to ensure that what
is depicted therein can be constructed as designed and must promptly inform the Project
Team of any issues.
17.4.4.2
CM@Risk must check cross-reference and complementary Drawings and sections within
the Specifications and in general evaluate whether: (a) the Drawings and Specifications
are sufficiently clear and detailed to minimize ambiguity and to reduce scope interpretation
discrepancies; (b) named materials and equipment are commercially available and are
performing well, or otherwise, in similar installations; (c) Specifications include alternatives
in the event a requirement cannot be met in the field; and (d) in its professional opinion, the
Project is likely to be subject to Differing Site Conditions.
17.4.4.3
The results of the reviews must be provided to Project Team in formal, written reports
clearly
identifying all reviewed documents and the discovered discrepancies and
inconsistencies in the Drawings and Specifications with notations and recommendations
made on the Drawings, Specifications and other documents. CM@Risk must meet with
Project Team to discuss any findings and review reports.
17.4.4.4
CM@Risk’s reviews must be from a Contractor’s perspective, and though it will serve to
eliminate/reduce the number of RFIs) and changes during the construction phase,
responsibility for the Drawings and Specifications will remain with the Design Professional
and not CM@Risk.
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17.4.5
It is CM@Risk’s responsibility to assist the Design Professional in ascertaining that, in
CM@Risk’s professional opinion, the Construction Documents are in accordance with
applicable Laws, Regulations, or Legal Requirements, building codes, sound engineering
principle’s rules and regulations. If CM@Risk recognizes that portions of the Construction
Documents are at variance with applicable laws, statutes, ordinances, building codes,
sound engineering principle’s rules and regulations, it must promptly notify the Project Team
in writing, describing the apparent variance of deficiency. However, the Design Professional
is ultimately responsible for the compliance of the Drawings and Specifications with those
laws, statutes, ordinances, building codes, rules and regulations.
17.4.6
The Project Team will routinely identify and evaluate using value analysis principles and
alternate systems, approaches, design changes that have the potential to reduce Project
costs while still delivering a high quality and fully functional Project consistent with
the Project Program. If the Project Team agrees, CM@Risk in cooperation with the Design
Professional, will perform a cost/benefit analysis of the alternatives and submit such in
writing to the Project Team. City, through the Project Manager, will direct which alternatives
will be incorporated into the Project. The Design Professional will have full design
responsibility for the review and incorporation of CM@Risk suggested alternatives into
the Drawings and Specifications. CM@Risk must analyze the costs and schedule impacts of
the alternatives against the Baseline
Cost Model and Schedule and provide a
recommendation for the Project Team’s consideration and City’s approval prior to the
establishment of the GMP.
17.5
BASELINE COSTS MODEL, DETAILED COST ESTIMATES, AND SCHEDULE OF VALUES
17.5.1
At the conclusion of the Master Planning and Programming, if required, CM@Risk will
review all available information regarding the design and scope of the Project using
CM@Risk’s experience in performing similar work, knowledge of similar projects and
current and projected construction costs and, based upon that review, must develop a
Baseline Cost Model for review by the Project Team and approval by City. Once approved
by City, the Baseline Cost Model will be continually referenced as detailed estimates are
created as the design progresses throughout Pre-Construction until the final GMP for the
entire Project is established. A final GMP for the entire Project must be established and
approved by City prior to the start of construction. It is the responsibility of CM@Risk
to ensure City has sufficient information to evaluate and approve a final GMP prior to
the time necessary to start construction so construction can be completed within the
Agreement Time. The Project Detailed Cost Estimate will be the best representation from
CM@Risk of what the complete functional Project’s construction costs will be as indicated
by the most current available documents and will be constantly checked against the
Baseline Cost Model. CM@Risk must communicate to the Project Team and assumptions
made in preparing the Baseline Cost Model. The Baseline Cost
Model must support
CM@Risk’s Detailed Cost Estimates and may be broken down initially as dictated by the
available information, as required by City.
17.5.2
After receipt of the Design Professional’s most current documents from certain specified
pre- construction milestones, CM@Risk must provide a draft Detailed Cost Estimate
including a detailed written report detailing any variances to the Baseline Cost Model and
Baseline Project Schedule. The Design Professional and CM@Risk will reconcile any
disagreements on the estimate to arrive at an agreed upon Detailed Cost Estimate for the
construction costs based on the scope of the Project through that specified pre-
construction milestone. Pre-Construction milestones applicable to this paragraph are:
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GC-71 of 75
Master Planning and Programming, Schematic Design, 50% Design Development, 100%
Design Development, and 50% Construction Drawings, If no consensus is reached, City will
make the final determination. If the Project Team requires additional updates of the
Detailed Cost Estimate beyond that specified in this paragraph, CM@Risk must provide the
requested information in a timely manner.
17.5.3
If at any point the Detailed Cost Estimate submitted to City exceeds the previously
accepted Baseline Cost Model or previously approved Detailed Cost Estimate agreed to as
set forth in Section 17.5.2 above, CM@Risk must make appropriate recommendations to
project Team on means/methods, materials, and or other design elements that it
believes will reduce the estimated construction costs, such that it is equal to or less than
the established Project Team’s Baseline Cost Model.
17.5.4
Unless other levels of completion are agreed to in writing in the Construction Documents,
at 50% Construction Drawings and included with the associated report, CM@Risk must
also submit to the Project Team for review and approval a Schedule of Values that complies
with the following requirements. The Schedule of Values must be based on City standard
bid schedule and highlight significant variances from any previously submitted Schedule
of Values. The Schedule of Values must be directly related to the breakdowns reflected in
the Detailed Project Schedule and CM@Risk’s Detailed Cost Estimate. In addition, the
Schedule of Values must: (a) detail unit prices and quantity take-offs, (b) detail all other
contingencies and unit price Work shown and specified in the detailed design documents.
17.5.5
CM@Risk is to track, estimate/price and address the Project Team’s overall project cost issues
that arise outside of the Baseline Cost Model and the latest approved Detailed Cost
Estimate such as: City generated changes, Project Team proposed changes, alternate
system analysis, constructability items and value engineering analysis. The system used
to implement this process will be referred to as the Design Evolution Log. This is to be
addressed between the Baseline Cost Model and the Master Planning and Programming
Detailed Cost Estimate, and then (unless other levels of completion are agreed to in writing
in the Construction Documents) between the Detailed Cost Estimates for each of the pre-
construction milestones thereafter, Schematic Design, 50% Design Development, 100%
Design Development, and 50% Construction Documents, and the bid packages for all
Phases.
17.5.6
Upon request by City, CM@Risk must submit to City a cash flow projection for the Project
based on the current updated/revised Detailed Project Schedule and the anticipated level of
payments for CM@Risk during the design and construction phases. In addition, if requested
by City and based on information provided by City, CM@Risk must prepare a cash flow
projection for the entire Project based on historical records for similar types of projects
to assist City in the financing process.
17.5.7
Construction Water. CM@Risk must estimate the quantity of water to be used and include
the cost thereof in each Detailed Cost Estimate and GMP Proposal provided by City.
17.6
SUBCONTRACTOR AND MAJOR SUPPLIER SELECTIONS
17.6.1
There are two ways to select Subcontractors and major Suppliers prior to submission of a
GMP Proposal: (1) qualifications-based selection; or (2) a combination of qualifications
and price. Except as noted below, the selection of Subcontractors/Suppliers is the sole
responsibility of CM@Risk. In any case, CM@Risk is solely responsible for the performance
of the selected Subcontractors/Suppliers, and for compliance with the requirements of
General Conditions
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GC-72 of 75
Title 34 of the Arizona Revised Statutes in the selection of a Subcontractors/Suppliers,
to the extent applicable. CM@Risk must comply with its Subcontractor Selection Plan
submitted with its Statement of Qualifications.
17.6.2
City may approve the selection of a Subcontractor(s) or Suppliers(s) based only on their
qualifications when CM@Risk can demonstrate it is in the best interest of the Project. All
Work that is performed, after such a qualifications-based selection, for a price that is
negotiated by CM@Risk will be billed in accordance with the GMP for actual costs and may
be subject to audit by City.
17.6.2.1
Qualifications based selection of a Subcontractor(s)/Supplier(s) should only occur prior to
the submittal of the GMP Proposal.
17.6.2.2
If a Subcontractor/Supplier selection plan was submitted and agreed to by City, CM@Risk
must apply the plan in the evaluation of the qualifications of a Subcontractor(s) or
Supplier(s) and provide City with its review and recommendations.
17.6.2.3
CM@Risk must receive written City approval for each selected Subcontractor(s) and
Supplier(s).
17.6.2.4
CM@Risk must negotiate costs for services/supplies from each Subcontractor/Supplier
selected under this method.
17.6.3
All Work must be competitively bid unless a Subcontractor or Supplier was selected pursuant
to Section 17.6.2 above.
17.6.3.1
CM@Risk must develop Subcontractor and Supplier interest, submit the names of a
minimum of three qualified Subcontractors or Suppliers for each trade in the Project for
approval by City and solicit bids for the various Work categories. If there are not three
qualified Subcontractors/Suppliers available for a specific trade or there are extenuating
circumstances warranting such, CM@Risk may request approval by City to submit less
than three names. Without prior written notice to City, no change in the recommended
Subcontractors/Supplies will be allowed.
17.6.3.2
If City objects to any nominated Subcontractor/Supplier or to any self-performed Work for
good
reason, CM@Risk must nominate a substitute Subcontractor/Supplier that is
acceptable to City.
17.6.3.3
CM@Risk must distribute Drawings and Specifications, and when appropriate, conduct a
Pre- Bid Conference with prospective Subcontractors and Suppliers.
17.6.3.4
If CM@Risk desires to self-perform certain portions of the Work, it must request to be one of
the approved Subcontractor bidders for those specific bid packages. CM@Risk’s bid will
be evaluated in accordance with the process identified below. If events warrant and City
concurs that it is necessary in order to ensure compliance with the Project Schedule
and/or the most recent Detailed Cost Estimate, CM@Risk may be authorized to self-
perform Work without bidding or rebidding the Work. When CM@Risk self-performs work
without bidding, only the actual costs associated with performing the Work in accordance
with the approved GMP will be billed and may be subject to audit by City.
17.6.3.5
CM@Risk must receive, open, record and evaluate the bids; provided, however, that if
CM@Risk or one of its affiliates is bidding to self-perform the Work that is the subject of the
bid, then the bids must be received, opened, recorded and evaluated by Project Manager
General Conditions
Revised: 7/20/22
GC-73 of 75
instead of CM@Risk. Bids for each category of Work must be opened and recorded at a
pre-determined time. The apparent low bidders must be interviewed to determine the
responsiveness of their proposals. In evaluating the responsiveness of bid proposals
CM@Risk, in addition to bid price, may consider the following factors: past performance
on similar projects, qualifications and
experience of personnel assigned, quality
management plan, approach or understanding of the
Work to be performed, and
performance
schedule
to
complete
the
Work.
The
final
evaluation
of
Subcontractor/Supplier bids must be done with Project Manager in attendance to observe
and witness the process. CM@Risk must resolve any Subcontractor/Supplier bid withdrawal,
protest or disqualification in connection with the award at no increase in the Cost of Work.
17.6.4
CM@Risk will be required to prepare two different reports on the subcontracting process.
17.6.4.1
Within fifteen days after each major Subcontractor/Supplier bid opening process;
CM@Risk must prepare a report for City’s review and approval identifying the
recommended Subcontractors/Supplier for each category of Work. The report must detail:
(a) the name of the recommended Subcontractor/Supplier and the amount of the
Subcontractor/Supplier bid for each sub-agreement; (b) the sum of all recommended
Subcontractor/Supplier bids received; (c) and trade work and its cost that CM@Risk intends
to self-perform, if any.
17.6.4.2
Upon completion of the Subcontractor/Supplier bidding process, CM@Risk must submit
a summary report to City of the entire Subcontractor/Supplier selection process. The report
must indicate, by bid process, all Subcontractors/Suppliers contacted to determine
interest, the Subcontractors/Suppliers solicited, the bids received and costs negotiated,
and the recommended Subcontractors/Suppliers for each category of Work.
17.6.5
The approved Subcontractors/Suppliers will provide a Schedule of Values with their bid
proposals, which will be used to create the overall Project Schedule of Values.
17.6.6
If after receipt of sub-bids or after award to Subcontractors and Suppliers, City objects to
any nominated Subcontractor/Supplier or to any self-performed Work without any
reasonable basis, CM@Risk must nominate a substitute Subcontractor or Supplier,
preferably if such option is still available, from those who submitted Subcontractor bids
for the Work affected. Once such substitute Subcontractors and Suppliers are consented
to by City, CM@Risk’s proposed GMP for the Work or portion thereof must be
correspondingly adjusted to reflect any higher or lower costs form any such substitution.
17.7
GMP PROPOSAL
17.7.1
When a GMP Proposal is submitted for a phase of the Work, the GMP will have a Detailed Cost
Estimate of the Costs of the Work (as set forth in Section 15.2) in each phase of the Work
that is being proposed plus the current estimate for all other Work. City will not approve
the GMP for the phase of work without a total estimate for the complete Project. City may
request a GMP Proposal for all or any portion of the Project and at any time during pre-
construction. Any GMP Proposals submitted by CM@Risk must be based on and consistent
with Baseline Cost Model and the current update/revised Detailed Cost Estimate at the
time of the request and include any clarifications or assumptions upon which the GMP
Proposal(s) are based.
17.7.2
A GMP Proposal for the entire Project will be the sum of the Cost of the Work, CM@Risk Fee,
and General Conditions Cost. CM@Risk guarantees to complete the Project at or less than
General Conditions
Revised: 7/20/22
GC-74 of 75
the final GMP Proposal amount plus approved Change Orders. CM@Risk will be responsible
for any costs for expenses that would cause the Cost of the Work actually incurred,
including the Construction Fee and General Conditions Costs, to exceed the GMP.
17.7.3
CM@Risk must prepare its GMP Proposal in accordance with City’s request for GMP Proposal
requirements based on the most current completed Drawings and Specifications at that
time, which unless otherwise directed by City in writing, will be at 100% Construction
Drawings. CM@Risk must mark the face of each document of each set upon which its GMP
Proposal is based.
These documents must be identified as the GMP Plans and
Specifications. CM@Risk must send one set of those documents to the Project Manager,
keep one set and return the third set to the Design Professional.
17.7.4
An updated/revised Detailed Project Schedule, Equipment Plan, and Schedule of Values
must be included in any GMP Proposal(s), all of which must reflect the GMP Plans and
Specifications the Detailed Project Schedule must be shown in relationship to the Project
Schedule and identify any variance to the Baseline Project Schedule. Any such Detailed
Project Schedule updates/revisions must continue to comply with the requirements of
Section 17.3.1 through 17.3.5.
17.7.5
GMP Proposals(s) Review and Approval
17.7.5.1
CM@Risk must meet with the Project Team to review the GMP Proposal(s) and the written
statement of its basis. In the event the Project Team discovers inconsistencies or
inaccuracies
in the information presented, CM@Risk must make adjustments as
necessary to the GMP Proposal.
17.7.5.2
If during the review and negotiation of GMP Proposals design changes are required, City
may authorize and cause the Design Professional to revise the GMP Plans and Specifications
to the extent necessary to reflect the agreed-upon assumptions and clarifications contained
in the final approved GMP Proposal. Such revised GMP Plans and Specification will be
furnished to CM@Risk. CM@Risk must promptly notify the Project Team in writing if any
such revised
GMP Plans and Specifications are inconsistent with the agreed upon
assumptions and clarifications.
17.7.6
All portions of or items comprising the GMP Proposal are subject to audit by City, as
deemed appropriate by City, including, without limitation, any based upon unit prices or
Work to be self- performed by CM@Risk, or its affiliates.
17.8
PAYMENT PROCEDURE FOR PRE-CONSTRUCTION SERVICES
17.8.1
Requests for monthly payments by CM@Risk for Pre-Construction Services must be
submitted monthly and must be accompanied by a progress report, detailed invoices
and receipts, if applicable. Any requests for payment must include, as a minimum, a
narrative description of the tasks accomplished during the billing period, a listing of any
Deliverables submitted, and copies of any Subconsultants’ requests for payment, plus
similar narrative and listings of Deliverables associated with their Work. Payment for
services negotiated as a lump sum will be made in accordance with the percentage of work
completed during the preceding month.
17.8.2
In no event will City pay more than seventy-five (75%) of the Agreement Price until
acceptance of ALL Pre-Construction Services and award of the final approved Construction
Services Agreement for the entire Project by City Council. If CM@Risk does not prepare a
General Conditions
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GC-75 of 75
GMP Proposal that is acceptable to City, or the GMP Proposal exceeds the City’s
Construction Budget, then CM@Risk understands and acknowledges that it will forfeit any
right to receive the 25% of the Agreement Price being retained by City.
17.8.3
CM@Risk agrees that no charges or claims for costs or damages of any type will be made by
it for any delays or hindrances beyond the reasonable control of City during the progress of
any portion of Pre-Construction Services specified in this Agreement. Such delays or
hindrances, if
any, will be solely compensated for by an extension of time for such
reasonable period and may be mutually agreed between the parties. It is understood
and agreed, however, that permitting CM@Risk to proceed to complete any such Services,
in whole or in part after the date to which the time of completion may have been extended,
will in no way act as a waiver on the part of City of any of their respective legal rights herein.
17.8.4
No compensation to CM@Risk will be allowed contrary to Article I, Chapter I, Title 34 of the
Arizona Revised Statutes.
17.8.5
If any service(s) executed by CM@Risk is abandoned or suspended in whole or in part, for
a period of more than 180 days through no fault of CM@Risk, CM@Risk is to be paid for
the services performed prior to the abandonment or suspension.
17.9
SURVIVAL OF THE DESIGN SERVICES AGREEMENT, DUTIES, OBLIGATIONS AND
WARRANTIES
If the GMP Proposal is accepted by City and a Construction Agreement is entered into
between City and CM@Risk, the duties, obligations and warranties of CM@Risk under the
Pre- Construction Services Agreement survive and are incorporated into the resulting
Construction Agreement.
App’d 7/20/2022
APP-1 of 33
General Conditions Appendices
SECTION 15 – APPENDICES
The following Appendices attached hereto are referenced in the General Conditions and
are incorporated herein.
Appendix 1 – Policy Statement for Calculating Delays and Damages
Appendix 2 – Cost Reduction Incentive Proposals for Design Bid Build Agreements
Appendix 3 – Contractor’s Affidavit Regarding Settlement of Claims
Appendix 4 – Forms of Performance Bond
Appendix 5 – Forms of Payment Bond
Appendix 6 – Dispute Resolution
Appendix 7 – Certificate of Completion
Appendix 8 – Construction Sign Detail
Appendix 9 – Cost of the Work (Applicable solely to Construction Manager at Risk and
Job Order Contracting)
Appendix 10 Landscape Establishment Period
App’d 7/20/2022
APP-2 of 33
General Conditions
Appendix 1
CALCULATING DELAYS AND DAMAGES
The purpose of this policy statement is to establish guidelines and procedures for negotiation
between the Contractor and City of Chandler relating to compensation for delays pursuant to
Arizona Revised Statutes (A.R.S.) 34-221(F). This policy statement contains notice requirements in
addition to those set forth in the Agreement Documents, and will be the Agreement Provision
contemplated by that statute.
NOTE: As used herein, the term “Engineer” will refer to the City of Chandler City Engineer or
his/her designated representative. Nothing in this Policy Statement will be construed to void any
provision in the Agreement which requires timely notice of delays or provides for arbitration or
any other procedure for settlement or provides for liquidated damages.
I.
TYPES OF DELAYS:
For the purposes of this document, there are essentially four types of delays encountered by
City of Chandler Construction Contractors; excusable/compensable, excusable/non-
compensable, non- excusable, and concurrent. Only delays that extend Agreement
Completion Time set forth in the Agreement Document will be considered for issues
relating to Agreement extensions or additional compensation. All other delays are
considered to be activity delays and do not entitle the Contractor to either time
extensions or additional compensation. Agreement Completion Time will be defined as the
date set forth in Maricopa Association of Governments (MAG) Uniform Standard Specification
Section 101 and as may be modified by the Agreement Documents.
A.
Excusable/Compensable:
These are delays caused solely by the City’s actions or inactions, are unreasonable
under the circumstances, and which were not within the contemplation of the
parties to the Agreement at or prior to the time of execution of the
Agreement. Since the Contractor presumably has no control over the events
causing the delay, he may be entitled to both Agreement time extensions and
additional compensation for delay damages. Further, he/she may be entitled to
additional compensation from the impact of that delay on other work. Examples of
excusable/compensable (E/C) delays include:
failure to properly locate
an
underground City-owned utility within 2 feet of the actual location; failure to
relocate City-owned utilities far enough in advance of construction in an area
where the Contractor is scheduled to work that it delays start or completion of
the Contractor’s regularly scheduled work; failure to provide City-furnished
equipment or materials in a timely manner if required by the Agreement; failure
to acquire necessary Right-of-Way or Public Utility Easements prior to the Contractor
beginning Work in the area; failure to timely return Shop Drawings or other
Agreement Submittals in accordance with the Agreement; unreasonable delay by
the City in making decisions which affect critical activities; surveying errors when the
City is contractually responsible for providing Project Surveying. This list is not meant
to be all inclusive, but is intended merely as examples of the type of City action or
inaction which can result in a Contractor’s claim for additional time and
App’d 7/20/2022
APP-3 of 33
General Conditions
Appendix 1
compensation.
B.
Excusable/Non-compensable:
These are delays over which neither the City nor the Contractor had control. Since
both parties to the Agreement have been potentially damaged by the delay, but
neither have caused it, only Time Extensions are warranted. Examples of excusable,
non-compensable (E/N) delays include: unusually severe weather; fire; acts of God;
failure of non-City owned utilities (SRP, CenturyLink, Cable TV, Southern Pacific
Railroad, and Southwest Gas, etc.) to properly or timely locate accurately; failure of
non-City owned utilities to relocate in advance of construction; the voluntary or
involuntary filing for Bankruptcy protection by a Supplier or Subcontractor which
causes the Supplier/Subcontractor to fail to meet a contractual deadline provided
the Contractor can provide documentation that he/she executed the required
Purchase Orders/Subcontract Agreements and received delivery schedules which,
if met, would have eliminated the delay; delays as a result of an incomplete
shutdown of a City or non-City owned utility main (the City does not guarantee a
complete shutdown). This list also is not necessarily all inclusive but merely
indicative of type and class of E/N delays.
C.
Non-excusable/Non-compensable:
These are delays caused by the actions or inactions of Contractor or an officer,
employee, agent, Subcontractor, Supplier or any other party for whom the
Contractor is responsible. Since the Contractor has assumed responsibility for the
risks associated with the events that caused the delay, he/she are not entitled to
either time extensions or monetary delay damages. All non-excusable delays are
also non-compensable. Examples of non- excusable, non-compensable (N/N)
delays include: failure to perform by the Contractor, its Subcontractors and/or
Suppliers (except as noted in section I.B above); failure to provide adequate
labor,
materials,
and/or
equipment
on
the
Project;
failure
to
perform
contractually-required coordination with utilities, agencies and other Contractors;
failure to notify the Engineer, in writing, of delay impacts within two working days,
as required by MAG 104.2.3, or the next work day, as required by MAG 109.8.2;
failure to timely submit Shop Drawings; failure to pothole or otherwise visually locate
utilities sufficiently ahead of the Work to allow the Engineer to direct corrective
action when necessary; delays due to retesting of previously failed work, re-
inspection, and/or restaking resulting from faulty workmanship, poor quality
control, or lack of compliance with Agreement Specifications. Again, this list is not
necessarily all inclusive.
D.
Concurrent:
When two or more delays occur simultaneously or overlap, each delay is
analyzed separately to determine its impact on the overall project completion date
based on when that delay started. Once again, only those delays which actually
extend the Agreement completion
time
are
considered
as
delays.
The
concurrent delay is considered an additional delay only to the extent it prolongs
App’d 7/20/2022
APP-4 of 33
General Conditions
Appendix 1
the delay to the Agreement Completion Time beyond the date that the one it is
concurrent with had already delayed that date. For example, if two delays are
concurrent, and one is five days long and the second is seven days long, the second
concurrent delay will only extend the Agreement Completion Time by two days. The
same method of analysis is used when there are multiple concurrent delays. Only
those extending the Project Completion Date are considered to be delays for the
purposes of this policy. The portion of each concurrent delay that delays the
completion of the work is classified in the same manner as described previously for
individual delays and being either E/C, E/N or N/N.
An example of a concurrent delay is where the City delays furnishing material,
but the Contractor could not have installed it anyway due to unusually severe
weather. The effect of the first delaying activity will extend for the full duration
and will be considered controlling on the Contractor’s schedule. A subsequent,
concurrent delay will thereafter only be considered to effect the project completion
(if at all) once the first delaying activity has ceased to impact the project completion.
In this case, if the unusually severe weather continued and delayed the work after
the material was delivered, the first portion of the delay would be classified E/C
(delay for material) and the second as E/N (delay due to unusually severe weather).
Using the procedure set forth above, the entire concurrent portion would be
considered E/C as shown in the chart which follows.
Example of a Concurrent Delay:
E/C Delay
E/N Delay
City Related Material Delay
Rain Delay
II.
ANALYZING THE DELAY:
The Contractor must provide all documents required or requested by the Engineer to analyze the
delay(s). It is important to understand that, prior to the delay analysis, delays and their impacts are
alleged issues. The information the Contractor provides will be compared with the Inspector’s Daily
Log, Schedules and other available Project information and together they will support or refute that
delays occurred and, if so, how they impact other work and the overall project completion. The
Contractor’s delay in providing these documents will be considered prima facie evidence that either
the delay did not occur or it did not impact the Project Completion Date and any claim for time
extension or damages will be denied.
App’d 7/20/2022
APP-5 of 33
General Conditions
Appendix 1
The Engineer will accept delay analyses in CPM format, as these may demonstrate to his/her
satisfaction whether or not Project Completion has been impacted by a specific event. If the
Contractor chooses not to use CPM scheduling procedures, then the burden will be on the
Contractor to prove to the Engineer’s satisfaction that the Project Completion has been
impacted. The procedures below assume that the Contractor is using CPM scheduling methods.
As a minimum the Contractor must provide the following materials to the Engineer:
A.
As-Planned Schedule. The initial construction schedule, required by the Agreement
Documents, will be considered the baseline schedule. It is to the Contractor’s
advantage that the As-Planned (baseline) Schedule be as detailed as possible in
order for delays, as they occur, to be incorporated into the schedule in
representative locations. It is also to the Contractor’s advantage to use a computer
software program to generate the schedule since updated schedules are required
monthly by the Agreement Documents and since updated schedules are
required to support delays and requests for additional compensation for delays.
The As-Planned (baseline) Schedule must be presented in network format which
clearly shows the interrelationships of the activities. The Contractor must also
provide a printout of the activities showing early start, early finish, late start, late
finish, duration and float. The activity list printout must also indicate predecessor
and successor activities.
B.
As-Built Schedules. The as planned (baseline) schedule must be updated with
complete progress-to-date information (actualized) up to the date of the start of the
alleged delay. Each updated schedule will serve as the as-built schedule for analyzing
the alleged delay and provide a new baseline as-planned schedule for the next delay.
This process must be repeated for each alleged delay as it occurs. In updating the
baseline schedule, the alleged delay must be treated as an activity and inserted into
the schedule as a predecessor to the impacted activity (ies). When an activity that
has already started is impacted, it is preferable to divide this activity into two
parts and show the impact affecting the second part. For schedules which
incorporate a time line (or data date), the delay activity must be inserted at the time
it actually occurred. Some software scheduling programs have a PAUSE-RESUME
feature that can be used to facilitate the requirements. The updated schedule must
also be accompanied by a listing of activities as with the baseline schedule. This
activities list must contain the alleged delay as an activity showing the duration and
the activities which are predecessors and successors to it. When computer
generated schedules are used, the Contractor must provide, in electronic media
format, the complete data files for the updated schedule that included the delay
activity, preferably either in Suretrak or in Microsoft Project. Each electronic media
must contain a label identifying the Project name, Contractor’s name, program
name and version number, data date and project finish date.
C.
Other Documents: In order to determine the amount of the alleged delay and if
it is compensable, the Contractor must provide all backup documentation relevant to
the issue and as required by the Engineer. This documentation must include copies
of such items as: purchase orders; delivery schedules; correspondence; memoranda
of telephone calls; force account daily worksheets (initialed by the Inspector);
payroll data; estimating (bid) worksheets; and any other materials which may be
App’d 7/20/2022
APP-6 of 33
General Conditions
Appendix 1
requested by the Engineer.
D.
Procedure: Only after receipt of sufficient documentation will the Engineer analyze
each alleged delay and determine if it is supported or refuted. If supported, the
Engineer will determine if it is excusable or non-excusable, compensable or non-
compensable. If the Engineer determines that the delay did not affect the Project
Completion, the as-planned schedule, which has been updated to the date of the
alleged delay, must be revised to indicate this. If the Engineer determines the delay
did occur but was N/N, then no time extension will be granted. It is imperative that
an actualized schedule be submitted as soon as the occurrence of the alleged delay
is known. In no event will the Contractor submit an actualized updated schedule
later than 60 days after the occurrence of the alleged delay becomes known.
If the Engineer determines the delay did occur and was excusable but, due to a
reason listed in section I.B. is non-compensable, he/she will determine the length
of the E/N delay and prepare a Change Order to add that time to the Agreement.
The Engineer’s decision will be final.
If the Engineer determines the delay was excusable and compensable, he/she will
determine the length of the E/C delay and proceed to review the Contractor’s
damage calculations in accordance with Section III. The Engineer will check the
Contractor’s calculations, review the backup documentation provided, and prepare a
Change Order to cover both the additional compensation and the time extension.
The Engineer’s decision on both the time extension and additional compensation for
the delay will be final.
If the issue involves a concurrent delay, the Engineer will analyze available data
to determine the portions which are E/C, E/N, and/or N/N as described above. The
Engineer will proceed to determine the length of E/C delay and verify the Contractor’s
delay damage calculations, if any are provided. Upon completion of this review, the
Engineer will prepare a Change Order for the Contractor’s review and signature.
The Engineer’s decision regarding excusable delay and additional compensation for
the delay is final.
The amount of time the Engineer will require to analyze the alleged delay(s) will
depend upon the Engineer’s workload, the complexity of the delay analysis,
availability of supporting data, extent of cooperation by the Contractor, and other
factors beyond the Engineer’s control. It is entirely possible other delay(s) may
occur while the Engineer is analyzing particular claim for delay(s). The Engineer’s
failure to respond to the Contractor in a set period of time will not be used as the
basis for a further delay claim or as justification for extending and existing delay
claim. The time required for delay analysis by the Engineer will not be counted
against the time allotted for processing Final Payment as required by (MAG Section
109.7(B)) or the release of retention and Final Payment as prescribed by A.R.S.
Arizona Revised Statutes §34-221.
III.
CALCULATING MONETARY DELAY DAMAGES:
Additional compensation for delay, when authorized by the Engineer, will be calculated in accordance
App’d 7/20/2022
APP-7 of 33
General Conditions
Appendix 1
with MAG Section 109.5 ACTUAL COST WORK with the following exceptions:
A.
No additional compensation or other monetary damages will be awarded or paid for
any loss of anticipated profits by the Contractor, Subcontractors or Suppliers.
B.
No additional compensation or other monetary damages will be awarded for home
office overhead or non-project general conditions of the Contractor, Subcontractors
or Suppliers.
C.
Equipment:
1.
Contractor-owned equipment rate calculations must be computed in
accordance with Section 109.04(D)(3), Arizona Department of Transportation
“Standard Specifications for Road and Bridge Construction,” 2008 or latest
edition and as modified herein. Year and regional adjustment factors must
be based on the most recent publications of the Rental Rate Blue Book for
Construction
Equipment, published
by
the
Equipment
Guide-Book
Company, San Jose, CA, same as provided by ADOT and in print as of the
date of alleged delay. In no event will the compensation for Contractor-
owned equipment exceed the purchase price, including tax, paid by the
Contractor for the equipment. Compensation will not be allowed for small
tools or equipment that show a daily equipment rental rate of less than $5.00
per day or for unlisted equipment that has a value of less than for
hundred dollars ($400.00).
2.
For leased and rented equipment or equipment not otherwise listed in the
Blue Book, rental contracts, or other supporting data will be used to establish
the hourly rate. No hourly operating expense will be allowed for delay on
standby equipment. In no case will equipment be considered for rental which
exceeds the hourly rate for the first eight hours and the daily rate
divided by eight for all additional hours as compared with similar
equipment listed in the Blue Book. The hourly standby rate must be
computed as the lesser of:
a.
Dividing the monthly invoice or rental value by 176 hours
per month when the equipment is utilized by the Contractor
for more than three weeks;
b.
Dividing the monthly invoice or rental value by 40 hours per
week when the equipment is utilized by the Contractor for
more than three days.
In no event will compensation be paid for delay at more than
8 hours per day or 40 hours per week.
3.
Except for vehicles used by supervisory personnel, all equipment will be paid
at the “standby” rate during the delay period.
4.
Equipment brought solely to mitigate the delay (such as pumps, light plants,
etc.) may be paid in accordance with ADOT section 109.04(D) (3).
App’d 7/20/2022
APP-8 of 33
General Conditions
Appendix 1
5.
The Blue Book regional adjustment will apply in determining rental rates.
D.
Material:
Allowable material charges may include, in addition to material incorporated in the
work material used to mitigate the delay such as barricades, plates, shoring, cold
mix, etc. Except in emergencies the Contractor will not employ such material
without the prior written approval of the Engineer.
E.
Labor:
1.
Except for Supervisory Personnel (Superintendent, Project Engineer, and
Foremen), labor wages will not be paid after the first one-half day of
claimed delay or impact. It is expected the Contractor will reassign or
layoff unneeded employees.
2.
For Foreman wages to be included, that Foreman must have been
actively employed on the project prior to the commencement of the delay
and be directly responsible for the activity being delayed.
3.
Labor burden must be actual amounts incurred but must not exceed the
ADOT approved rate.
F.
All costs (equipment, material, and labor) must be substantiated by the City of
Chandler’s Daily Work Reports.
IV.
DOCUMENT REQUIRED FOR CLAIM ANALYSIS:
For purposes of reviewing the Contractor’s request for additional compensation, it will be required
that the Contractor submit the following listed information. Information requested must be prepared
on forms which are substantially similar to the City of Chandler’s Daily Work Report form, a copy of
which is attached as an exhibit.
A.
Labor:
For each employee, laborer, and foreman, for which compensation is requested:
Name, classification, dates of work performed, daily hours worked, total hours worked,
labor rates, labor burden rates, overtime or premium time charges. Further, the
Contractor must make available for inspection and copying to the Engineer the
following listed documentation.
1.
Certified payroll reports for the period of work claimed.
2.
Accounting of Fringe Benefits – certified by a CPA.
3.
Contractor’s and Subcontractor’s daily field reports and daily diaries.
B.
Materials:
For all materials for which compensation is requested, if any, total quantities of
materials, prices, extensions and transportation costs must be provided on a daily
App’d 7/20/2022
APP-9 of 33
General Conditions
Appendix 1
basis. Further, the Contractor must make available for inspection and copying to the
Engineer the following listed documentation.
1.
Invoices for all materials incorporated.
2.
Weigh tickets.
3.
Purchase orders.
4.
Delivery schedules.
5.
Quotes or proposals from manufacturers or supplier.
6.
Freight bills, Bills of Lading, or other documentation to show transportation
costs.
7.
Restocking charges-invoices from vendor.
C.
Equipment:
For all equipment, the Contractor must provide the Engineer with the designation,
dates and hours of usage, dates and hours of standby, if any, daily hours, total hours,
rental rates and extension for each unit of equipment and machinery. Rental
rates will be as established in Section III. Further, the Contractor must make
available for inspection and copying to the Engineer the following listed
documentation.
1.
Owned:
a.
Purchase contracts(s).
b.
Depreciation schedule(s).
c.
Invoices for fuel, lube, repairs and other operating costs.
2.
Leased:
a.
Lease agreement with hourly rate, overtime rate, double shift rate, etc.
b.
Invoices or other documentation showing hours worked on a daily
basis.
D.
Subcontractors/Owner-Operators:
In the event the Contractor submits a claim which includes requests for
compensation for Subcontractors of Owner-Operators, the same information
requested of the Contractor must be provided by the Subcontractor/Owner-
Operator. Further, the Contractor must make available for inspection and copying
to the Engineer the following listed documentation.
1.
Bid/Estimate work sheets and/or spreadsheets.
2.
Subcontract Agreements or Agreements with Owner-Operator.
3.
All invoices and billing statements received from the Subcontractor/Owner-
Operator which relates to the amount requested.
E.
Miscellaneous:
Further, the Contractor must make available for inspection and copying to the
Engineer the following listed documentation.
1.
Evidence of payment for bonds and insurance premiums (MAG 109.5.6).
App’d 7/20/2022
APP-10 of 33
General Conditions
Appendix 1
2.
Taxes – unless the Contractor can show otherwise, taxes are reimbursable at
65% of the total cost (less bonds and insurance).
V.
TIME LIMIT ON SUBMISSIONS OF CLAIM FOR DELAY OR IMPACT DAMAGES:
No claims for delay or impact damages will be considered or allowed more than 45 days after the
event or occurrence which the Contractor claims gives rise to the delay or impact. In no event will
a claim for delay or impact damages be considered after submission by the Contractor of the Final
Payment Request.
App’d 7/20/2022
APP-11 of 33
General Conditions
Appendix 2
COST REDUCTION INCENTIVE PROPOSALS
FOR DESIGN BID BUILD AGREEMENTS
The Contractor may submit to the Engineer proposals for modifying the Plans, Specifications, or
other requirements of the Agreement for the sole purpose of reducing the total cost of Project
construction. The proposals must not impair in any manner the essential functions or characteristics
of the project; including but not limited to service life, economy of operations, ease of maintenance,
desired appearance, compatibility with existing or planned equipment, standardization of
systems, or design and safety standards.
It must not be inferred from this Policy that the Engineer is required to consider any proposal
submitted.
Submissions that propose changes in the basic design of a bridge, propose changes in pipe line
size, materials, bedding conditions, pipe specifications; or that propose any change in pavement
design will not be considered.
Proposals submitted pursuant to this Policy will be identified as Cost Reduction Incentive Proposals.
They must be submitted in writing and, at a minimum, contain the following.
1.
Complete the attached or similar cost reduction incentive proposal form.
2.
A description of both the existing Agreement Requirements for performing the work
and the proposed changes.
3.
All Engineering Drawings and computations necessary for the thorough and
expeditious evaluation.
4.
An itemization of the existing Agreement Requirements that must be changed if the
Proposal is adopted and a recommendation as to the manner in which the change
should be made.
5.
A detailed estimate of the cost of performing the Work under the existing
Agreement and under the proposed changes, including the cost of developing
and implementing the changes.
6.
The Agreement items affected by the proposed changes and any variations in
quantities resulting from the changes.
7.
An objective estimate of any effects the proposal will have on collateral cost to the
City, costs of related items, and cost of maintenance and operation.
8.
A statement as to the effect that the Proposal will have on the time for the
completion of the Project.
9.
A statement as to the time by which a Change Order adopting the Proposal must
be executed or when the Engineer must have given verbal approval.
App’d 7/20/2022
APP-12 of 33
General Conditions
Appendix 2
Proposals will be processed expeditiously; however, the City will not be liable for any delay in acting
upon any Proposal nor for any failure to accept any Proposal pursuant to this Special Provision.
The Engineer will be the sole judge of the acceptability of a Proposal and of the estimated net
savings in construction costs from the adoption of all or any part of the Proposal. The Contractor
will be notified in writing by the Engineer as to whether his/her Proposal has been accepted. The
decision by the Engineer is final.
When the City deems such action to be appropriate, it reserves the right to require the Contractor to
share equally in the cost to the City of investigating, evaluating, and processing the proposal as a
condition for the consideration of such Proposal. Such cost must be shared whether the Proposal is
accepted or rejected. When such a condition is imposed, the City will estimate these costs and the
Contractor must indicate his acceptance thereof in writing. Such acceptance will authorize the City
to deduct the Contractor’s share of the costs from any monies due or that may become due to the
Contractor under the Agreement.
If the Contractor’s Proposal is accepted in whole or in part, the necessary Agreement
Modifications and Agreement Price Adjustments will be affected by the execution of a Change Order
which will specifically state that it is executed pursuant to this Special Provision.
The Contractor must continue to perform the work in accordance with the requirements of the
Agreement until a Change Order incorporating the Proposal has been executed or until he/she
has been given verbal approval by the Engineer that his/her Proposal has been accepted. If the
Change Order has not been executed or he/she has not been given verbal approval on or before the
date specified on the attached cost reduction incentive proposal form or on or before such other date
as the Contractor may have subsequently specified in writing, the Proposal may be deemed to be
rejected.
The executed Change Order will incorporate the changes in the Plans, Specifications, or other
requirements of the Agreement which are necessary to permit the Proposal, or such part of it which
has been accepted, to be put into effect, and will include any condition – upon which the City’s
approval thereof is based, if such approval is conditional. The executed Change Order may also
extend the time for the completion of the Agreement if such an extension has been deemed to be
warranted by the Engineer as a result of his evaluation of the Proposal.
The executed Change Order will also establish the estimated net savings in the cost of performing
the Work attributable to the Proposal effectuated by the Change Order. In determining the net
savings, the right is reserved to the Engineer to disregard the Agreement bid prices if, in his/her
judgment, such prices do not represent a fair measure of the value of the Work to be performed or
to be deleted. The net savings will be established by determining the Contractor’s cost of performing
the Work, taking into account his/her cost of developing the Proposal and implementing the
change, and reducing this amount by any ascertainable collateral costs to the City. The executed
Change Order may provide that the Contractor be paid 50 percent of the estimated net savings
amount.
The executed Change Order may also provide for the adjustment in Agreement prices. Agreement
prices may be adjusted by subtracting the City’s share of the accrued net savings.
App’d 7/20/2022
APP-13 of 33
General Conditions
Appendix 2
The amount specified to be paid to the Contractor in the executed Change Order which effectuates a
Cost Reduction Proposal will constitute full compensation to the Contractor for the Cost Reduction
Proposal and the performance of the work thereof pursuant to the said Change Order.
Upon acceptance of a Cost Reduction Incentive Proposal, any restrictions imposed by the
Contractor on its use or on disclosure of the information will become void, and the City thereafter
will have the right to use all or any part of the Proposal without obligation or compensation of any
kind to the Contractor.
App’d 7/20/2022
APP-14 of 33
General Conditions
Appendix 2
COST REDUCTION INCENTIVE PROPOSAL FORM
TO:
CIP City Engineer
FROM:
PROJECT NAME:
[TITLE]
CITY PROJECT NUMBER:
[####]
DATE:
Summary of Change (Brief description of proposed change including advantages and disadvantages):
ESTIMATED COST SUMMARY (Attached detailed estimate):
A.
Original Cost:
$
B.
Proposed Cost:
$
C.
Construction Savings (A-B):
$
D.
Gross Savings (Included OH
%, Bond
%)
$
E.
Contractor Implementing
$_
F.
City Implementing Cost:
$_
Reduction in Agreement Price (C+D-E-F) x 50%:
$
Date by which a Change Order must be issued so as to obtain maximum cost reduction:
App’d 7/20/2022
APP-15 of 33
General Conditions
Appendix 3
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS
________________________, Arizona
Date ____________________________
Project Name: [TITLE]
City Project No.: [####]
To the City of Chandler, Arizona
Gentlemen:
This is to certify that all lawful claims for materials, rental of equipment and labor used in connection
with the construction of the above project, whether by subcontractor or claimant in person, have been
duly discharged.
The undersigned, for the total compensation of $________________________, as set out in the final pay
application, as full and complete payment under the terms of the Agreement, hereby waives and
relinquishes any and all further claims or right of lien under, in connection with, or as a result of the
above described project. The undersigned further agrees to indemnify and save harmless the City of
Chandler against any and all liens, claims or liens, suits, actions, damages, charges and expenses
whatsoever, which said City may suffer arising out of the failure of the undersigned to pay for all labor
performances and materials furnished for the performance of said installation.
Signed and dated at ________________, this _________ day of _______________ 20_____.
__________________________________
CONTRACTOR
By _______________________________
STATE OF ARIZONA
)
) SS
COUNTY OF MARICOPA
)
The foregoing instrument was subscribed and sworn to before me this __________ day of
__________________ 20 _________.
___________________________________
Notary Public
___________________________________
My Commission Expires
App’d 7/20/2022
APP-16 of 33
General Conditions
Appendix 4
PERFORMANCE BOND
ARIZONA STATUTORY PERFORMANCE BOND
PURSUANT TO TITLES 28, 34, AND 41, ARIZONA REVISED STATUTES
(Penalty of this bond must be 100% of the Agreement amount)
KNOW ALL MEN BY THESE PRESENTS THAT:___________________________________________________
(hereinafter "Principal"), and __________________________________________________________ (hereinafter "Surety"), a
corporation organized and existing under the laws of the State of ______________ with its principal office in the City
of _____________________________, holding a certificate of authority to transact surety business in Arizona issued by
the Director of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly bound unto
__________________________(hereinafter "Obligee") in the amount of __________________________________________
(Dollars) ($___________), for the payment whereof, Principal and Surety bind themselves, and their heirs,
administrators, executors, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement with the Obligee, dated
the ____________ day of _______________________, 20___ for construction of [TITLE], [####] which Agreement is hereby
referred to and made a part hereof as fully and to the same extent as if copies at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs
and fulfills all the undertakings, covenants, terms, and conditions of the Agreement during the original term of the
Agreement and any extension of the Agreement, with or without notice of the Surety, and during the life of any
guaranty required under the Agreement, and also performs and fulfills all the undertakings, covenants, terms,
conditions, and agreements of all duly authorized modifications of the Agreement that may hereafter be made,
notice of which modifications to the Surety being hereby waived, the above obligation is void. Otherwise it
remains in full force and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2,
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions of
Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were copied at length in this
Agreement.
The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees
that may be fixed by a judge of the court.
Witness our hands this ________________ day of ____________________, 20__.
____________________________________
PRINCIPAL
SEAL
___________________________________
AGENT OF RECORD
By _________________________________
____________________________________
SURETY
SEAL
___________________________________
AGENT ADDRESS
App’d 7/20/2022
APP-17 of 33
General Conditions
Appendix 5
PAYMENT BOND
ARIZONA STATUTORY PAYMENT BOND
PURSUANT TO TITLES 28, 34, AND 41, OF THE ARIZONA REVISED STATUTES
(Penalty of this Bond must be 100% of the Agreement amount)
KNOW ALL MEN BY THESE PRESENTS THAT:________________________________________________
(hereinafter "Principal"), as Principal, and _________________________________________(hereinafter "Surety"), a
corporation organized and existing under the laws of the State of __________________ with its principal office in the
City of __________________, holding a certificate of authority to transact surety business in Arizona issued by the
Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, as Surety, are held and firmly
bound
unto
________________________
(hereinafter
"Obligee")
in
the
amount
of
______________________________________________ (Dollars) ($___________), for the payment whereof, the Principal and
Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, the Principal has entered into a certain written Agreement with the Obligee, dated the _________ day of
_______________________, 20___ for construction of [TITLE], [####] which Agreement is hereby referred to and made
a part hereof as fully and to the same extent as if copied at length herein.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal promptly pays all
moneys due to all persons supplying labor or materials to the Principal or the Principal's subcontractors in the
prosecution of the work provided for in said Agreement, this obligation is void. Otherwise it remains in full force
and effect.
PROVIDED, HOWEVER that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2
Arizona Revised Statutes, and all liabilities on this bond will be determined in accordance with the provisions,
conditions and limitations of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the same extent as if it were
copied at length in this Agreement.
The prevailing party in a suit on this bond may recover as part of the judgment reasonable attorney fees
that may be fixed by a judge of the court.
Witness our hands this ________________ day of ____________________, 20__.
____________________________________
PRINCIPAL
SEAL
___________________________________
AGENT OF RECORD
By _________________________________
____________________________________
SURETY
SEAL
___________________________________
AGENT ADDRESS
App’d 7/20/2022
APP-18 of 33
General Conditions
Appendix 6
DISPUTE RESOLUTION
A.
INFORMAL DISPUTE RESOLUTION
The parties to the Agreement agree that time is of the essence in relation to
performance of the Agreement and completion of the Project, therefore any and all
disputes in relation to the Agreement will initially be referred to the Project
Manager,
the
Design
Professional Representative
and/or
the
Contractor
Representative as applicable to the dispute, for immediate resolution. If, after
good faith efforts to reach a resolution, none is reached, any party to the dispute
may submit the dispute to the Dispute Resolution Representative (“DRR”) process
set forth below, which is intended to be an expedited process.
B.
DISPUTE RESOLUTION REPRESENTATIVE (“DRR”) PROCESS
1.
The Parties under the Agreement agree that all claims and disputes in relation
to the Project which are not resolved in the ordinary course of the Project
(“Claim” or “Claims”) will, as a prerequisite to any mediation, or litigation of
the Claim, first be submitted for resolution between the designated
Dispute Resolution Representatives of the Parties as set forth herein (the
“DRR Process”).
2.
The DRR Process will be initiated through service of a DRR Notice as set
forth below:
a.
For claims by the Contractor or the Design Professional, the DRR
Process will be initiated by the party asserting the claim serving
written notice on the City setting forth in detail: (i) the basis for the
claim; (ii) the effect of the Claim upon the construction of, and/or
Project Schedule for, the Project;
(iii) the specific relief requested, the amount thereof, and how such
was calculated; (iv) the parties involved in the Claim, and how
they are involved; (v) the specific Agreement provisions in the
Agreement Documents (including, if applicable, drawings and
specifications) which apply; and (vi) efforts made to date to resolve
the Claim.
b.
For claims by the City, the DRR process will be initiated by the
City providing written notice to the other parties of the basis and
amount of its claim, the parties involved in the Claim, and how they
are involved, the provisions in the Agreement Documents that apply,
and the relief requested.
c.
The DRR Notice will be hand-delivered and e-mailed to the other
parties’ designated Dispute Resolution Representatives.
3.
The other parties will respond in writing to the DRR Notice (“DRR
Response”) within ten (10) calendar days of receipt of the DRR Notice, setting
forth those items set forth in the DRR Notice that they agree with, dispute,
and/or have questions concerning. The DRR Response will be hand-delivered
and e-mailed to the other parties’ Dispute Resolution Representatives.
App’d 7/20/2022
APP-19 of 33
General Conditions
Appendix 6
4.
The designated Dispute Resolution Representatives for the Parties to the
claim will then meet as soon as possible and in any event within twenty (20)
calendar days of submission of the DRR Notice (regardless of whether a
DRR Response has been submitted by all parties involved in the dispute), at
a mutually agreed upon time and place, to attempt to resolve the Claim
based upon the DRR Notice and DRR Response.
5.
At any time after the first meeting required above, either party may
terminate the DRR Process by written notice to the other party.
6.
The parties may agree, in writing, to extend or modify the time limits or
other provisions of the DRR process in relation to a specific pending Claim.
7.
Unless otherwise designated in a written notice to the other parties, the City
and the representatives of the Contractor and of the Design Professional will
act as the parties’ designated Dispute Resolution Representatives.
8.
If a resolution of the Claim is reached, that resolution must be set forth in
writing and must be signed by the Parties’ designated Dispute Resolution
Representative. If the resolution involves a change in any Agreement
Documents, the Agreement Price, the Project Schedule, or any other change
requiring a written Change Order or Amendment, the parties must execute
an appropriate written Change Order or Amendment pursuant to the terms
of the Agreement Documents.
C.
MEDIATION
1.
Unless extended by written agreement of the parties involved in the dispute,
any Claim not resolved through the DRR process set forth above within
five (5) calendar days after the meeting required under B (4) above, or after
the DRR is terminated pursuant to B (5) above, whichever is earlier, will be
submitted to mediation as a condition precedent to litigation by either party.
2.
The mediation will be commenced by written demand upon the other party
for mediation. If the parties cannot agree upon a mediator within ten (10)
calendar days of the written demand, either party may make a request to the
Civil Presiding Judge of the Maricopa County Superior Court to appoint a
mediator. The mediation will occur within forth (40) calendar days of the
written demand for mediation, unless the parties agree, in writing, to a
longer period of time.
3.
The qualifications for the mediator will be that he/she be: (a) an
experienced mediator, arbitrator or litigator of construction disputes; and (b)
having engaged a significant portion of his/her time involving and/or
resolving construction disputes for at least the past five (5) years.
4.
Each party will provide to the other party and the mediator all of the
information and documentation required under B(1) and (2) above, together
with any additional information and documentation which the party believes
relevant. In addition, the parties will exchange, and provide to the mediator
App’d 7/20/2022
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Appendix 6
such additional memoranda, information and/or documentation, as the
mediator may request, and in the form and at such times, as the mediator
may direct.
5.
The parties will share the mediator’s fee and any filing fees equally. The
mediation will be held in Chandler, Arizona, unless another location is
mutually agreed upon. Agreements reached in mediation will be specifically
enforceable in any court having jurisdiction thereof.
D.
LITIGATION
Any claim arising out of or related to the Agreement, except Claims relating to
aesthetic effect and except those claims waived as provided for in the Agreement
Documents, must be resolved through litigation in the Maricopa County, Arizona
Superior Court.
App’d 7/20/2022
APP-21 of 33
General Conditions
Appendix 7
CITY OF CHANDLER, ARIZONA
PUBLIC WORKS & UTILITIES DEPARTMENT
CERTIFICATE OF COMPLETION
PROJECT NAME:
[TITLE]
CITY PROJECT NO.:
[####]
If Federally Funded:
FEDERAL NO.:
ADOT NO:
(This section to be completed by Prime)
I HEREBY CERTIFY THAT ALL GOODS AND/OR SERVICES REQUIRED BY CITY OF CHANDLER FOR THIS
PROJECT HAVE BEEN DELIVERED IN ACCORDANCE WITH THE AGREEMENT DOCUMENTS AND BID
SPECIFICATIONS AND ALL ACTIVITIES REQUIRED BY THE AGREEMENTOR UNDER THE AGREEMENT
HAVE BEEN COMPLETED AS OF THE COMPLETION DATE LISTED HERE:
FINAL ACCEPTANCE DATE:
PRIME CONTRACTOR:
FIRM NAME:
PRINCIPAL:
TITLE:
SIGNATURE:
DATE:
CERTIFIED BY [INSERT NAME AND TITLE OF PARTY THAT OVERSEES CONSTRUCTION]:
FIRM NAME:
SIGNATURE:
DATE:
PROJECT ACCEPTED BY CITY OF CHANDLER:
NAME:
SIGNATURE:
DATE:
App’d 7/20/2022
APP-22 of 33
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Appendix 8
CONSTRUCTION SIGN DETAIL
8'
3"
CITY OF CHANDLER
5"
3"
PUTTING YOUR FUNDS TO WORK
5"
3"
PROJECT TITLE:
5"
4'
3"
PROJECT NUMBER:
3"
2"
PROJECT COST:
3"
2"
CONTRACTOR:
3"
2"
MANAGED BY:
PUBLIC WORKS & UTILITIES DEPARTMENT
3"
CAPITAL PROJECTS DIVISION
3"
<--- 4" X 4" POSTS --->
NOTES:
SIGN(S) MUST BE FURNISHED AND ERECTED PRIOR TO COMMENCEMENT OF CONSTRUCTION. POSTS
MUST BE ANCHORED A MINIMUM OF TWO FEET INTO THE GROUND. BOTTOM OF SIGN MUST BE A
MINIMUM OF FOUR FEET ABOVE THE GROUND.
TYPICAL PROJECT IDENTIFICATION SIGN FOR GENERAL PROJECTS MUST BE NON-REFLECTORIZED
GREEN BACKGROUND, AND NON-REFLECTORIZED WHITE LETTERS AND NUMERALS.
ONE SIGN MUST BE ERECTED FOR BUILDINGS AND OTHER LIMITED AREA SINGLE SITES. FOR MULTIPLE
SITES, ONE SIGN MUST BE ERECTED AT EACH SITE.
FOR LINEAR PROJECTS ONE HALF MILE OR LONGER, PLACE ONE SIGN AT EACH END OF THE PROJECT.
App’d 7/20/2022
APP-23 of 33
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COST OF THE WORK
(APPLICABLE SOLELY TO CONSTRUCTION MANAGER AT RISK AND JOB ORDER CONTRACTING)
SECTION 1 – COSTS TO BE REIMBURSED
1.1 Cost of the Work
The term Cost of the Work will mean costs necessarily incurred by Contractor in the proper
performance of the Work. Such costs must be at rates not higher than the standard paid at the place
of the Project except with prior consent of City. The Cost of the Work will include only the items set
forth in this Section 1.
1.2 Labor Costs
1.2.1
Wages of construction workers directly employed by the Contractor to perform the
construction of the Work at the site or, with City’s approval, at off-site workshops. Cost to
be reimbursed will be the actual wages paid to the individuals performing the work.
1.2.2
Wages or salaries of the Contractor’s supervisory and administrative personnel when
stationed at the site with City’s approval. No Contractor personnel stationed at the
Contractor’s home or branch offices will be charged to the Cost of the Work. Non-field
office based Contractor management and support personnel are expected to provide
service and advice from time to time throughout the job and his/her time devoted to
Project matters is considered to be covered by the Contractor’s Fee.
1.2.3
Wages and salaries of Contractor’s supervisory or administrative personnel who would
normally be stationed at the field office in accordance with Section 1.2.2 but who become
engaged, at factories,
workshops or on the road, in expediting the production or
transportation of materials or equipment required for the Work, but only for that portion
of his/her time required for the Work. Employee bonuses and/or costs associated with
Employee Stock Ownership Plans (“ESOP”) will not be considered reimbursable labor or
labor burden costs and will be considered non-reimbursable costs considered to be covered
by the Contractor’s Fee.
1.2.4
Costs paid or incurred by Contractor for taxes, insurance, contributions, assessments and
benefits required by law or collective bargaining agreements and, for personnel not
covered by such agreements, customary benefits such as sick leave, medical and health
benefits, holiday, vacations and pensions, provided such costs are based on wages and
salaries included in the Cost of the Work under Subparagraphs 1.2.1 through 1.2.3.
1.2.4.1 Cost of the Work will include the actual net cost to Contractor for worker’s
compensation insurance attributable to the wages chargeable to the Cost of Work per this
Agreement. The actual net cost of worker’s compensation must take into consideration
all cost adjustments due to experience modifiers, premium discounts, policy dividends,
retrospective rating plan premium
adjustments, assigned risk pool rebates, any
applicable weekly maximums, etc. Contractor may charge an estimated amount for
worker’s compensation insurance costs, but will make appropriate cost adjustments to
actual costs within 45 days of receipt of actual cost adjustments from the insurance
carrier.
App’d 7/20/2022
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1.2.4.3 Overtime wages paid to salaried personnel (if approved in advance in writing by City)
will be reimbursed at the actual rate of overtime pay paid to the individual. No time
charges for overtime hours worked on the Project will be allowed if the individual is not paid
for the overtime worked.
1.2.4.4 Any overtime premium or shift differential expense to be incurred by Contractor for hourly
workers will require City’s advance written approval before the incremental cost of the
overtime premium or shift differential will be considered a reimbursable cost. If the
Contractor is required to work overtime as a result of an inexcusable delay or other
coordination problems caused by the Contractor or anyone he/she is responsible for,
the overtime premium and/or shift differential expense portion of the payroll expense
and related labor burden costs will be considered as cost not to be reimbursed.
1.2.4.5 Reimbursable labor burden costs will be limited to payroll taxes, worker’s compensation
insurance, the employer’s portion of union benefit costs for union employees working on the
Project, and the actual verifiable fringe benefit costs incurred by Contractor for non-union
individuals working on the Project subject to the following maximum percentages for the
following reimbursable non-union fringe benefit costs. The following maximums (as a
percentage of reimbursable actual wages by individual) will apply for each of the following
types of fringe benefit costs specifically attributable to each of the non-union personnel
working on the Project:
•
Medical Insurance, Dental, Life & AD&D Insurance:
12.00%
•
Holiday, vacation and other paid time not worked:
10.00%
•
Pension Plan Contributions to Vested Employee Account,
Simplified Employee Pension Plans, or 401K matching plans
(Note: ESOP related costs are covered by the Contractor Fee)
10.00%
For non-union personnel, no other fringe benefit costs (other than the three specific
categories listed immediately above, will be considered reimbursable Cost of Work. Any
labor burden costs that are in excess of the amounts considered reimbursable or are
otherwise not considered reimbursable under the terms of this agreement are intended to
be covered by the Contractor Fee.
1.3
Subcontract Costs
1.3.1
Payments made by Contractor to Subcontractors in accordance with the requirements of
the subcontracts.
1.3.2
For Scope of Work Bid Packages typically performed by Subcontractors, Contractor may
“self- perform” such work on an actual cost basis subject to an agreed upon Guaranteed
Maximum Price for the “self-performed work”. The Contractor must, unless agreed to by City
in writing, bid his/her proposed guaranteed Maximum Price for the work to be “self-
performed” against at least three other interested trade Contractors. All savings under
any such Subcontract for “self-performed work” must be applied to reduce the Cost of Work
under the Agreement and the Guaranteed Maximum Price. For purposes of defining “self-
performed work” subject to this provision, any division of Contractor, or any separate
Contractor or Subcontractor that is partially owned or wholly owned by the Contractor or
any of his/her employees or employee’s relatives will be considered a related party entity
App’d 7/20/2022
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and will be subject to this provision regarding “self-performed work”. No self-performed work
will be allowed to be performed on a Fixed Price basis.
1.3.3
Contractor (with respect to its Suppliers, Subcontractors and all lower tier Subcontractors)
must provide City advance written notice and must obtain City’s approval for any proposed
Subcontract Change Order, Material Purchase Order, or other financial commitment in an
amount in excess of $5,000 prior to placing such order or entering into such agreement
(regardless of whether or not any such commitment will affect the prime Agreement
Guaranteed Maximum Cost). It is agreed that sums applicable to any Subcontract Change
Order, Purchase Order or other financial commitment entered into in violation of the above
notice and approval requirement will not be included in the amounts owning to Contractor,
Subcontractors or Suppliers whether as Costs of the Work or as reasonable termination
costs in the event of termination.
1.4
Costs of Material and Equipment Incorporated in the Completed Construction
1.4.1
Costs, including transportation and storage, of materials and equipment incorporated or
to be incorporated in the completed construction.
1.4.2
Costs of materials described in the preceding Subparagraph 1.4.1 in excess of those
actually installed to allow for reasonable waste and spoilage. Unused excess materials, in
any, will become City’s property at the completion of the Work or, at City’s option, may be
sold by the Contractor. Any amounts realized from such sales must be credited to City as a
deduction from the Cost of Work.
1.4.3
Proceeds from the sale of recyclable materials, scrap, waste, etc. will be credited to job cost.
1.5
Costs of Other materials and Equipment, Temporary Facilities and Related Items
1.5.1
Costs, including transportation and storage, installation, maintenance, dismantling and
removal of materials, supplies, temporary facilities, machinery, equipment and hand tools
not customarily owned by construction workers, that are provided by the Contractor at the
site and fully consumed in the performance of the Work; and cost (less salvage value) of such
items if not fully consumed, whether sold to others or retained by Contractor. Cost for
items previously used by Contractor will mean fair market value.
1.5.2
Rental charges for temporary facilities, machinery, equipment, and hand tools not
customarily owned by construction workers that are provided by Contractor at the site,
whether rented from Contractor or others, and costs of transportation, installation, minor
repairs and replacements,
dismantling and removal thereof. Rates and quantities of
equipment rented will be subject to City’s prior written approval.
1.5.2.1 The Projected usage for each piece of equipment to be rented for use on the Project and
the estimated total rentals must be considered by Contractor before the piece of
equipment is rented so that an appropriate rent versus buy decision can be made.
Purchased equipment must be considered “job owned”. At the completion of the Project,
Contractor must transfer title and possession of all remaining job-owned equipment to
City, or Contractor may keep any such equipment for an appropriate fair market value
credit to job cost, which will be mutually agreed to by City and Contractor.
App’d 7/20/2022
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1.5.2.2 Each piece of equipment to be rented must have hourly, daily, weekly and monthly rates
and the most economical rate available will be reimbursed based on the circumstances of
actual need and usage of the piece of equipment while it is stationed at the jobsite.
When the piece of equipment is no longer needed for the work, no rental charges will be
reimbursed if the piece of equipment remains at the jobsite for the convenience of
Contractor.
1.5.2.3 Equipment Rental Rates
1.5.2.3.1 Compensation for equipment used on the Project will be paid in accordance with the
Equipment Plan submitted by Contractor in the accepted GMP Proposal and no payments
will be made in excess of the rates set forth in the Equipment Plan, or actual
documented costs, whichever is less.
1.5.2.3.2 All equipment rental rates and costs are subject to City’s right to audit when submitted as
part of Equipment Plan and/or at any time during the Project.
1.5.2.4 The aggregate rentals chargeable for each piece of Contractor owned tools or equipment
must not exceed 50% of the fair market value of such equipment at the time of its
commitment to the Work. The original purchase price and date of purchase of the equipment
will be documented with a copy of the purchase invoice for the piece of equipment. Such
aggregate limitations will apply and no further rentals will be charged even if a piece of
equipment is taken off the job and is later replaced by a similar piece of equipment. For
purposes of computing the aggregate rentals applicable to aggregate rental limitations,
rental charges for similar pieces of equipment will be combined if the pieces of equipment
were not used at the same time.
1.5.2.5 Fair market value for used material and equipment as referred to in the Agreement
Documents will mean the estimated price a reasonable purchaser would pay to purchase
the used material or equipment at the time it was initially needed for the job. Note: This is
usually lower than the price a reasonable purchaser would pay for similar new construction
material or construction equipment.
1.5.2.6 All losses resulting from lost, damaged or stolen tools and equipment will be the sole
responsibility of Contractor, and not City, and the cost of such losses will not be
reimbursable under the Agreement.
1.5.2.7 Contractor will be required to maintain a detailed equipment inventory of all job-owned
equipment (either purchased and charged to job cost or job-owned through aggregate
rentals) and such inventory must be submitted to City each month. For each piece of
equipment, such inventory should contain at a minimum (1) original purchase price or
acquisition cost (2) acquisition date (3) approved Fair Market Value at the time the piece of
equipment was first used on the job and (4) final disposition.
1.5.2.8 All costs incurred for minor maintenance and repairs will be reimbursed at actual cost. Such
costs include routine and preventative maintenance, minor repairs and other incidental
costs. Repairs and/or replacement of a capital nature are considered to be covered by the
rental rates. Major repairs and overhauls are not considered routine and ordinary;
consequently such costs are not reimbursable and are intended to be covered by the rental
App’d 7/20/2022
APP-27 of 33
General Conditions
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rates.
1.5.3
Costs of removal of debris from the Site.
1.5.4
Costs of document reproductions, facsimile transmissions and long-distance telephone
calls, postage and parcel delivery charges, telephone service at the site and reasonable
petty cash expenses of the site office.
1.5.5
That portion of the reasonable expenses of Contractor’s personnel incurred while
traveling in discharge of duties connected with the Work.
1.5.5.1 No travel expenses will be reimbursed to Contractor’s representatives unless Project related
travel required them to travel to a destination more than 100 miles from the Project
location. Any travel involving airfare will require advance written approval by an authorized
City’s representative.
1.5.6
Costs of materials and equipment suitably stored off the site at a mutually acceptable
location, if approved in advance by the City.
1.5.7
Reproduction costs will be the actual costs of reproduction subject to a maximum of five
cents ($.05) per square foot for prints and a maximum of five cents ($.05) per 8 ½ by 11-
inch page for offset print or photo copied agreement documents, specifications, etc.
Telephone costs will be the actual costs paid to the third party telephone company for the
field office telephone.
1.6
Miscellaneous Costs
1.6.1
That portion of insurance and bond premiums that can be directly attributed to the
Agreement. The City will reimburse Contractor for contractually required bond at time of first
pay application for GMP and Cost-Based Agreements upon receipt of proof of payment
from the Contractor. If the Contractor completes Work for less than the Agreement Price,
Contractor must credit the City a pro- rated amount for the unused portion of the bond
payment
1.6.1.1 Contractor’s actual cost for insurance will be considered to be included within the Maximum
limit for General Conditions Costs. All premiums for any insurance and bonds required for
the Project must reflect the net actual costs to Contractor after taking into consideration cost
adjustments due
to experience modifiers, premium
discounts, policy dividends,
retrospective rating plan premium adjustments, assigned risk pool rebates, refunds, etc.
1.6.1.2 The amount to be reimbursed to Contractor for all contractually required insurance will be
actual costs not to exceed a total of 2% of the Agreement Value, unless Contractor
establishes to City’s satisfaction that the actual cost is higher and City agrees to such actual
higher cost in writing. If Contractor’s cost of contractually required insurance is greater
than the amount agreed to be reimbursed per this Agreement Provision, the difference
will be considered to be covered by the Contractor’s Fee. The City will reimburse
Contractor for contractually required insurance on a monthly basis for GMP and Cost-
Based Agreements. If Contractor can demonstrate substantial savings by paying for all
insurance in advance, the City may agree to reimburse all insurance costs at time of first pay
App’d 7/20/2022
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General Conditions
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application for GMP and Cost-Based Agreements with proof of payment from Contractor.
1.6.2
Sales, use or similar taxes imposed by a governmental authority that are related to the Work.
1.6.3
Fees and assessments for the building permit and for other permits, licenses and
inspections for which Contractor is required by the Agreement Documents to pay.
1.6.4
Fees of laboratories for tests required by the Agreement Documents, except those related to
defective or nonconforming Work and which do not fall within the scope of ¶ 1.7.3 below.
1.6.5
Royalties and license fees paid for the use of a particular design, process or product
required by the Agreement Documents; the cost of defending suites or claims for
infringement of patent rights arising from such requirement of the Agreement Documents;
and payments made in accordance with legal judgments against Contractor resulting from
such suites or claims and payments of settlements made with City’s consent. However,
such costs of legal defenses, judgments and settlements must not be included in the
calculation of the Contractor’s Fee or subject to the Guaranteed Maximum Price.
1.6.6
Data processing costs related to the Work. However, any such data processing costs will be
limited to the cost of personal computer hardware used at the field office in the
normal day to day administration, management and control of the Project. The
aggregate charges for any such hardware must not exceed the Fair Market Value of the
hardware at the time it was brought to the field office. If the total charges for any particular
piece of hardware reach an amount equal to the Fair Market Value, that particular piece of
hardware must be turned over to City whenever it is no longer needed for the Project. If
Contractor elects to keep the particular piece of hardware, the job costs must be credited
with a mutually agreeable amount which will represent the Fair Market Value of the
particular piece of hardware at the time it was no longer needed for the job. Software or
other costs associated with the use of computer programs will not be considered to be a
reimbursable cost and will be considered to be covered by the Contractor’s Fee.
1.6.7
Deposits lost for causes other than Contractor’s negligence or failure to fulfill a specific
responsibility to City as set forth in the Agreement Documents.
1.6.8
Legal, mediation and arbitration costs, including attorneys’ fees, other than those arising
from disputes between City and Contractor, reasonably incurred by Contractor in the
performance of the Work and with City’s prior written approval; which approval will not be
unreasonably withheld.
1.6.9
Expenses incurred in accordance with Contractor’s standard personnel policy for relocation
and temporary living allowances of personnel required for the Work, if pre-approved by City
in writing. If City authorizes the reimbursement of relocation costs, the reimbursable
relocation expenses will be limited to a maximum of $50,000 per person. Any relocation
cost incurred by Contractor in excess of the amount reimbursed by City will be considered to
be covered by the Contractor’s Fee.
1.7
Other Costs and Emergencies
1.7.1
Other costs incurred in the performance of the Work if and to the extent approved in
App’d 7/20/2022
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General Conditions
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advance in writing by City.
1.7.2
Costs due to emergencies incurred in taking action to prevent threatened damage, injury or
loss in case of an emergency affecting the safety of persons and property.
1.7.3
Costs of repairing or correcting damaged or nonconforming Work executed by Contractor,
Subcontractors or Suppliers, provided that such damaged or nonconforming Work was not
caused by negligence or failure to fulfill a specific responsibility of Contractor and only to the
extent that the cost of repair or correction is not recoverable by Contractor from
insurance, sureties, Subcontractors or Suppliers.
1.8
Related Party Transactions
1.8.1
The term “related party” will mean a parent, subsidiary, affiliate or other entity having
common ownership or management with Contractor; any entity in which any stockholder in,
or management employee of, Contractor owns any interest in excess of ten percent in the
aggregate; or any person or entity which has the right to control the business or affairs of
Contractor. The term “related party” includes any member of the immediate family of any
person identified above.
1.8.2
If any of the costs to be reimbursed arise from a transaction between Contractor and a
related party, Contractor must notify City in writing of the specific nature of the
contemplated transaction, including the identity of the related party and the anticipated
cost to be incurred, before any such transaction is consummated or cost incurred. If City,
after such notification, authorizes in writing
the proposed transaction, then the cost
incurred will be included as a cost to be reimbursed, and Contractor must procure the Work,
equipment, goods or service from the related party, as a Subcontractor. If City fails to
authorize the transaction, Contractor must procure the Work, equipment, goods or
service from some person or entity other than a related party.
SECTION 2 – COSTS NOT TO BE REIMBURSED
2.1
The Cost of Work must not include:
2.1.1
Salaries and other compensation of Contractor’s personnel stationed at Contractor’s principal
office or offices other than the site office, except as specifically provided in Subparagraphs
1.2.2 and 1.2.3.
2.1.2
Expenses of Contractors’ principal office and offices other than the site office.
2.1.3
Overhead and general expenses, except as may be expressly included in Section 1.
2.1.3.1 Costs of Contractor’s home office computer services or other outside computer processing
services will be considered overhead and general expense. Accordingly, Contractor should
not plan to perform any such computer related services or alternatives at the field office
when such services or functions can be performed at Contractor’s home or branch offices,
or other outside service locations.
2.1.4
Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work.
App’d 7/20/2022
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2.1.5
Rental costs of machinery and equipment, except as specifically provided in subparagraph
1.5.2.
2.1.6
Except as provided in Subparagraph 1.7.3 of the Agreement, costs due to the negligence or
failure to fulfill a specific responsibility of Contractor, Subcontractors and Suppliers or
anyone directly or indirectly employed by any of them or for whose acts of them may be
liable.
2.1.7
Any cost not specifically and expressly described in Section 1.
2.1.8
Costs, other than costs included in Change Orders approved by City that would cause the
GMP to be exceeded.
SECTION 3 – DISCOUNTS, REBATES, REFUNDS AND SAVINGS
3.1
Cash discounts obtained on payments made by Contractor will accrue to City if (1) before
making the payment, Contractor included them in an Application for Payment and
received payment therefore from City, or (2) City has deposited funds with Contractor with
which to make payments; otherwise, cash discounts will accrue to Contractor. Trade
discounts, rebates, refunds and amounts received from sales or surplus materials and
equipment will accrue to City, and Contractor must make provisions so that they can be
secured.
3.1.1
Cost of the Work will be credited with all insurance policy discounts, performance and
payment bond rebates or refunds, refunds or return premiums from any Subcontractor
default insurance, refunds or rebates from any Contractor controlled insurance programs
applicable to the Project, merchandise rebates of any nature, refunds of any nature,
insurance dividends; and a portion of any volume rebates or free material credits earned
with purchase of material or other goods and services charged to the job.
3.1.2
“Cash” discounts which may accrue to Contractor will be limited to a maximum of 1.5% of
invoice cost. Any portion of “Cash” discounts greater than 1.5% will automatically accrue
to City if Contractor is eligible to take advantage of the discounts.
3.2
Amounts that accrue to City in accordance with the provisions of Paragraph 3.1 will be
credited to City as a deduction from the Cost of the Work.
3.3
Any and all savings on the GMP, or any separately guaranteed items comprising the GMP,
will belong to City, subject to any express right in the Agreement for Contractor to share
in savings. Savings are subject to City’s right to audit, and may be audited separately.
SECTION 4 – GENERAL CONDITIONS COSTS
4.1
General Conditions Costs may include, but are not limited to, the following types of costs
incurred by Contractor during construction of the Work to the extent they are reimbursable
Costs of the Work as delineated above: payroll costs for Work conducted at the site, payroll
costs for the superintendent and full-time general foremen, payroll costs for management
App’d 7/20/2022
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personnel resident and working on the site workers not included as direct labor costs
engaged in support (e.g. loading/unloading, clean-up, etc.), administrative office personnel,
costs of offices and temporary facilities including office materials, office supplies, office
equipment, minor expenses, utilities, fuel, sanitary facilities and telephone services at the
site, costs of liability insurance premiums not included in labor burdens for direct labor
costs, costs of bond premiums, costs of consultants not in the direct employ of Contractor
or Subcontractors, fees for permits and licenses.
4.2
General Conditions Costs may be paid on a percentage of the Agreement Price or on a
lump/stipulate sum basis as set forth in the Agreement. All costs included in the General
Conditions Costs will not be separately invoiced to or paid by City.
4.3
The total amount of General Conditions Costs for the Work may be divided by the number of
days allowed for performance of the Work, to determine a fixed daily rate for General
Conditions Costs that may be used in computing the General Conditions Costs allocated to
any period of time, or for any adjustments in the General Conditions Costs agreed to in
writing by City.
App’d 7/20/2022
APP-32 of 33
General Conditions
Appendix 10
LANDSCAPE ESTABLISHMENT PERIOD
Section 1 – Description and General
Contractor is in direct control of work performed under the Landscape Establishment Period. If work
is subcontracted, a representative of the Contractor will be present at the site of the work for all
hours that the subcontractor works. Subcontracting of Landscape Establishment work will be
permitted for weed eradication with herbicides, because of special licensing. A licensed temporary
service may be used to supply labor to Contractor if Contractor has received approval from City
Representatives. Contractor will submit the required subcontract documentation.
Contractor must provide adequate personnel to accomplish the required maintenance of the plant
materials at intervals acceptable to City Representatives.
If not healthy at the end of the maintenance period, the maintenance must be continued until the
plant material is approved by City.
1.1 Time and Schedule
Unless otherwise expressly agreed to in writing by City, the Landscape Establishment Period will be
per General Conditions Section 6.5.4.
1.2 Planted Stock and Seeding Establishment
1.2.1
Tree planting and staking must be per City of Chandler Standard Detail C-801.
1.2.2
All trees will stand erect on their own without stakes when brought to this site. If the tree
cannot stand on its own when nursery stakes are removed, the tree will be removed and
replaced.
1.3 Pre-Emergent Herbicide and Weed Control
1.3.1
Contractor will provide three applications of an approved pre-emergent herbicide on all
unpaved areas of the project, as directed by City Representatives, to control weed growth in
all areas of the project. The number of applications may be increased as directed by the City
Representative, and at no additional cost to City, if the City Representative deems additional
applications are required to control weed growth.
1.3.2
Application sequence will be approved in advance by City. The first application of pre-
emergent will be completed prior to the application of Decomposed Granite and will be
included with the cost of the Decomposed Granite as specified and part of the Construction
Phase portion of work. The second application of pre-emergent will be completed after
installation of the Decomposed Granit and no later than half-way through the Landscape
Establishment Period. The third and final application of pre-emergent will be applied 15
days prior to completion of the Landscape Establishment portion of the project. The second
and third pre-emergent applications will be included with the cost of Landscape
Establishment. Watering will be completed in accordance with the manufacturer’s
recommendations, as included and as related to each application.
1.3.3
The pre-emergent herbicide will be applied in accordance with the Technical Specifications
and the recommendations of the pre-emergent herbicide manufacturer, as approved by
City Representatives.
App’d 7/20/2022
APP-33 of 33
General Conditions
Appendix 10
1.3.4
The control of weeds will be accomplished by the use of herbicides. Manual removal of
weeds will be required, after herbicides have taken affect.
1.3.5
Contractor is responsible for the removal and disposal of all trash and debris that during
the Landscape Establishment Period. Contractor will keep the project in a neat and orderly
manner during the duration of the Landscape Establishment Period.
1.4 Water
The water used during Landscape Establishment to properly maintain the plant material will be
furnished by City, at designated sources from within the project limits, at no charge to Contractor.
Contractor will be responsible for all equipment, materials and labor necessary to load, transport and
unload water for watering purposes.
1.5 Plant Material Replacements
The plant material replacement will be considered as included in the work for Landscape
Establishment, and will be made at no charge to the City.
1.5.1
Shrub and Plant Replacement - During the second half of the Landscaping Establishment
period, Contractor will provide, where required, plant replacements as follows:
Original Size
Replacement Size
1 gallon
5 gallon
5 gallon
15 gallon
15 gallon
24-inch box
36-inch box
48-inch box
1.5.2
Tree Replacement – During the second half of the Landscape Establishment Period,
Contractor will provide plant material replacements for existing plants that die as follows:
Existing Plant Material Sizes
Replacement Size
Trees:
2-inch Caliper
24-inch box
4-inch Caliper
36-inch box
6-inch Caliper and greater
54-inch box
Shrubs:
All Existing Shrubs
15 gallon
1.6 Measurement and Payment
See Technical Specifications for Measurement Payment provisions.
EXHIBIT C
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page TS-1
Project No.: PR2206.401
Rev. 1/16/2024
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DOCUMENT 000101 - PROJECT TITLE PAGE
1.1
PROJECT MANUAL VOLUME 1
A.
City of Chandler, Arizona
B.
Tumbleweed Pickleball
C.
City Project No. PR2206.201
D.
Dig Studio Landscape Architecture
E.
F.
3003 N.Central Ave. Suite 800
G.
Phoenix, Arizona 85012
H.
602.595.4101
I.
https://www.digstudio.com/
J.
Issued: 12/21/23
K.
Copyright 2023 Dig Studio. All rights reserved.
END OF DOCUMENT 000101
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DOCUMENT 000107 - SEALS PAGE
1.1
DESIGN PROFESSIONALS OF RECORD
A.
Landscape Architect:
1.
Jay Hicks, Dig Studio
2.
27181
3.
Responsible for 00-32
B.
Civil Engineer:
1.
John Barker, Huitt Zollars
2.
<Insert license #>.
3.
Responsible for <Insert list of Sections>.
4.
Insert dated and signed stamp
C.
Electrical Engineer:
1.
Cliff Tolman, Wright Engineering
2.
<Insert license #>.
3.
Responsible for <Insert list of Sections>.
4.
Insert dated and signed stamp
END OF DOCUMENT 000107
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SECTION 015639 - TEMPORARY TREE AND PLANT PROTECTION
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and other Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section includes general protection and pruning of existing trees and plants that are affected by
execution of the Work, whether temporary or permanent construction.
B.
Related Sections:
1.
Section 015000 "Temporary Facilities and Controls" for temporary site fencing.
2.
Section 311000 "Site Clearing" for removing existing trees and shrubs.
1.3
DEFINITIONS
A.
Caliper: Diameter of a trunk measured by a diameter tape or the average of the smallest and
largest diameters at 6 inches (150 mm) above the ground for trees up to, and including, 4-inch
(100-mm) size; and 12 inches (300 mm) above the ground for trees larger than 4-inch (100-mm)
size.
B.
Plant-Protection Zone: Area surrounding individual trees, groups of trees, shrubs, or other
vegetation to be protected during construction, to match edge of canopy.
C.
Tree-Protection Zone: Area surrounding individual trees or groups of trees to be protected
during construction, and defined by a circle concentric with each tree with a radius 1.5 times the
diameter of the drip line unless otherwise indicated.
D.
Vegetation: Trees, shrubs, groundcovers, grass, and other plants.
1.4
ACTION SUBMITTALS
A.
Product Data: For each type of product indicated.
B.
Samples for Verification: For each type of the following:
1.
Organic Mulch: 1-quart (1-L) volume of organic mulch; in sealed plastic bags labeled
with composition of materials by percentage of weight and source of mulch.
2.
Protection-Zone Fencing: Assembled Samples of manufacturer's standard size made
from full-size components
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3.
Protection-Zone Signage: Full-size Samples of each size and text, ready for installation.
C.
Tree Pruning Schedule: Written schedule detailing scope and extent of pruning of trees to
remain that interfere with or are affected by construction.
1.
Species and size of tree.
2.
Location on site plan. Include unique identifier for each.
3.
Reason for pruning.
4.
Description of pruning to be performed.
5.
Description of maintenance following pruning.
1.5
INFORMATIONAL SUBMITTALS
A.
Qualification Data: For qualified arborist and tree service firm.
B.
Certification: From arborist, certifying that trees indicated to remain have been protected
during construction according to recognized standards and that trees were promptly and
properly treated and repaired when damaged.
C.
Maintenance Recommendations: From arborist, for care and protection of trees affected by
construction during and after completing the Work.
D.
Existing Conditions: Documentation of existing trees and plantings indicated to remain, which
establishes preconstruction conditions that might be misconstrued as damage caused by
construction activities.
1.
Use sufficiently detailed photographs or videotape.
2.
Include plans and notations to indicate specific wounds and damage conditions of each
tree or other plants designated to remain.
1.6
QUALITY ASSURANCE
A.
Arborist Qualifications: Certified Arborist as certified by ISA
B.
Tree Service Firm Qualifications: An experienced tree service firm that has successfully
completed temporary tree and plant protection work similar to that required for this Project and
that will assign an experienced, qualified arborist to Project site during execution of the Work.
C.
Preinstallation Conference: Conduct conference at Project site
1.
Review methods and procedures related to temporary tree and plant protection including,
but not limited to, the following:
a.
Construction schedule. Verify availability of materials, personnel, and equipment
needed to make progress and avoid delays.
b.
Enforcing requirements for protection zones.
c.
Arborist's responsibilities.
d.
Field quality control.
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1.7
PROJECT CONDITIONS
A.
The following practices are prohibited within protection zones:
1.
Storage of construction materials, debris, or excavated material.
2.
Parking vehicles or equipment.
3.
Foot traffic.
4.
Erection of sheds or structures.
5.
Impoundment of water.
6.
Excavation or other digging unless otherwise indicated.
7.
Attachment of signs to or wrapping materials around trees or plants unless otherwise
indicated.
B.
Do not direct vehicle or equipment exhaust toward protection zones.
C.
Prohibit heat sources, flames, ignition sources, and smoking within or near protection zones and
organic mulch.
PART 2 - PRODUCTS
2.1
MATERIALS
A.
Topsoil: Natural or cultivated top layer of the soil profile or manufactured topsoil; containing
organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of
brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and
other objects more than 1 inch (25 mm) in diameter; and free of weeds, roots, and toxic and
other nonsoil materials.
1.
Obtain topsoil only from well-drained sites where topsoil is 4 inches (100 mm) deep or
more; do not obtain from bogs or marshes.
B.
Topsoil: Stockpiled topsoil from location shown on Drawings
C.
Organic Mulch: Free from deleterious materials and suitable as a top dressing for trees and
shrubs, consisting of one of the following:
1.
Type: Partially composted Shredded hardwood, Ground or shredded bark, or Wood and
bark chips
2.
Size Range: 3 inches (76 mm) maximum, 1/2 inch (13 mm) minimum
3.
Color: Natural.
D.
Protection-Zone Fencing: Fencing fixed in position and meeting the following requirements.
1.
Chain-Link Protection-Zone Fencing: Galvanized-steel fencing fabricated from minimum
2-inch (50-mm) opening, 0.148-inch- (3.76-mm-) diameter wire chain-link fabric; with
pipe posts, minimum 2-3/8-inch- (60-mm-) OD line posts, and 2-7/8-inch- (73-mm-) OD
corner and pull posts and 0.177-inch- (4.5-mm-) diameter bottom tension wire; with tie
wires, hog ring ties, and other accessories for a complete fence system.
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a.
Height: 6 feet (1.8 m)
2.
Wood Protection-Zone Fencing: Constructed of two 2-by-4-inch (50-by-100-mm)
horizontal rails, with 4-by-4-inch (100-by-100-mm) preservative-treated wood posts
spaced not more than 8 feet (2.4 m) apart, and lower rail set halfway between top rail and
ground.
a.
Height: 4 feet (1.2 m)
3.
Plastic Protection-Zone Fencing: Plastic construction fencing constructed of high-density
extruded and stretched polyethylene fabric with 2-inch (50-mm) maximum opening in
pattern and weighing a minimum of 0.4 lb/ft. (0.6 kg/m); remaining flexible from minus
60 to plus 200 deg F (minus 16 to plus 93 deg C); inert to most chemicals and acids;
minimum tensile yield strength of 2000 psi (13.8 MPa) and ultimate tensile strength of
2680 psi (18.5 MPa); secured with plastic bands or galvanized-steel or stainless-steel
wire ties; and supported by tubular or T-shape galvanized-steel posts spaced not more
than 8 feet (2.4 m) apart.
a.
Height: 4 feet (1.2 m)
b.
Color: High-visibility orange, nonfading.
E.
Protection-Zone Signage: Shop-fabricated, rigid plastic or metal sheet with attachment holes
prepunched and reinforced; legibly printed with nonfading lettering.
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Erosion and Sedimentation Control: Examine the site to verify that temporary erosion- and
sedimentation-control measures are in place. Verify that flows of water redirected from
construction areas or generated by construction activity do not enter or cross protection zones.
B.
For the record, prepare written report, endorsed by arborist, listing conditions detrimental to tree
and plant protection.
3.2
PREPARATION
A.
Locate and clearly identify trees, shrubs, and other vegetation to remain or to be relocated.
B.
Protect tree root systems from damage caused by runoff or spillage of noxious materials while
mixing, placing, or storing construction materials. Protect root systems from ponding, eroding,
or excessive wetting caused by dewatering operations.
C.
Tree-Protection Zones: Mulch areas inside tree-protection zones and other areas indicated.
1.
Apply 4-inch (100-mm) average thickness of organic mulch. Do not place mulch within
6 inches (150 mm) of tree trunks.
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3.3
TREE- AND PLANT-PROTECTION ZONES
A.
Protection-Zone Fencing: Install protection-zone fencing along edges of protection zones
before materials or equipment are brought on the site and construction operations begin in a
manner that will prevent people[ and animals] from easily entering protected area except by
entrance gates. Construct fencing so as not to obstruct safe passage or visibility at vehicle
intersections where fencing is located adjacent to pedestrian walkways or in close proximity to
street intersections, drives, or other vehicular circulation.
1.
Chain-Link Fencing: Install to comply with ASTM F 567 and with manufacturer's
written instructions.
2.
Posts: Set or drive posts into ground one-third the total height of the fence without
concrete footings. Where a post is located on existing paving or concrete to remain,
provide appropriate means of post support acceptable to Architect.
B.
Protection-Zone Signage: Install protection-zone signage in visibly prominent locations in a
manner approved by Architect. Install one sign spaced approximately every 20 feet (6 m) on
protection-zone fencing, but no fewer than four signs with each facing a different direction.
C.
Maintain protection zones free of weeds and trash.
D.
Repair or replace trees, shrubs, and other vegetation indicated to remain or be relocated that are
damaged by construction operations, in a manner approved by Architect.
E.
Maintain protection-zone fencing and signage in good condition as acceptable to Architect and
remove when construction operations are complete and equipment has been removed from the
site.
1.
Do not remove protection-zone fencing, even temporarily, to allow deliveries or
equipment access through the protection zone.
2.
Temporary access is permitted subject to preapproval in writing by arborist if a root
buffer effective against soil compaction is constructed as directed by arborist. Maintain
root buffer so long as access is permitted.
3.4
EXCAVATION
A.
General: Excavate at edge of protection zones and for trenches indicated within protection
zones according to requirements in Section 312000 "Earth Moving."
B.
Trenching near Trees: Where utility trenches are required within protection zones, hand
excavate under or around tree roots or tunnel under the roots by drilling, auger boring, or pipe
jacking. Do not cut main lateral tree roots or taproots; cut only smaller roots that interfere with
installation of utilities. Cut roots as required for root pruning.
C.
Redirect roots in backfill areas where possible. If encountering large, main lateral roots, expose
roots beyond excavation limits as required to bend and redirect them without breaking. If
encountered immediately adjacent to location of new construction and redirection is not
practical, cut roots approximately 3 inches (75 mm) back from new construction and as required
for root pruning.
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D.
Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary
earth cover or pack with peat moss and wrap with burlap. Water and maintain in a moist
condition. Temporarily support and protect roots from damage until they are permanently
relocated and covered with soil.
3.5
ROOT PRUNING
A.
Prune roots that are affected by temporary and permanent construction. Prune roots as follows:
1.
Cut roots manually by digging a trench and cutting exposed roots with sharp pruning
instruments; do not break, tear, chop, or slant the cuts. Do not use a backhoe or other
equipment that rips, tears, or pulls roots.
2.
Cut Ends: Per Arborist Direction
3.
Temporarily support and protect roots from damage until they are permanently redirected
and covered with soil.
4.
Cover exposed roots with burlap and water regularly.
5.
Backfill as soon as possible according to requirements in Section 312000 "Earth
Moving."
B.
Root Pruning at Edge of Protection Zone: Per Arborist Direction
C.
Root Pruning within Protection Zone: Per Arborist Direction. Clear and excavate by hand to the
depth of the required excavation to minimize damage to root systems. Use narrow-tine spading
forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible.
3.6
CROWN PRUNING
A.
Prune branches that are affected by temporary and permanent construction. Prune branches per
Arborist Direction.
1.
Prune trees to remain to compensate for root loss caused by damaging or cutting root
system. Provide subsequent maintenance during Contract period as recommended by
arborist.
2.
Pruning Standards: Prune trees according to ANSI A300 (Part 1)
3.
Cut branches with sharp pruning instruments; do not break or chop.
4.
Do not apply pruning paint to wounds.
B.
Chip removed branches and spread over areas identified by Landscape Architect and Arborist.
3.7
REGRADING
A.
Lowering Grade: Where new finish grade is indicated below existing grade around trees, slope
grade beyond the protection zone. Maintain existing grades within the protection zone.
B.
Lowering Grade within Protection Zone: Where new finish grade is indicated below existing
grade around trees, slope grade away from trees as recommended by arborist unless otherwise
indicated.
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1.
Root Pruning: Prune tree roots exposed by lowering the grade. Do not cut main lateral
roots or taproots; cut only smaller roots. Cut roots as required for root pruning.
C.
Raising Grade: Where new finish grade is indicated above existing grade around trees, slope
grade beyond the protection zone. Maintain existing grades within the protection zone.
D.
Minor Fill within Protection Zone: Where existing grade is 2 inches (50 mm) or less below
elevation of finish grade, fill with topsoil. Place topsoil in a single uncompacted layer and hand
grade to required finish elevations.
3.8
FIELD QUALITY CONTROL
A.
Inspections: Engage a qualified arborist to direct plant-protection measures in the vicinity of
trees, shrubs, and other vegetation indicated to remain and to prepare inspection reports.
3.9
REPAIR AND REPLACEMENT
A.
General: Repair or replace trees, shrubs, and other vegetation indicated to remain or be
relocated that are damaged by construction operations, in a manner approved by Architect.
1.
Submit details of proposed root cutting and tree and shrub repairs.
2.
Have arborist perform the root cutting, branch pruning, and damage repair of trees and
shrubs.
3.
Treat damaged trunks, limbs, and roots according to arborist's written instructions.
4.
Perform repairs within 24 hours.
5.
Replace vegetation that cannot be repaired and restored to full-growth status, as
determined by Architect.
B.
Trees: Remove and replace trees indicated to remain that are more than 50 percent dead or in
an unhealthy condition before the end of the corrections period or are damaged during
construction operations that Architect determines are incapable of restoring to normal growth
pattern.
1.
Provide new trees of same size and species as those being replaced for each tree that
measures 4 inches (100 mm) or smaller in caliper size.
2.
Provide one new tree(s) of 4-inch (100-mm) caliper size for each tree being replaced that
measures more than 4 inches (100 mm) in caliper size.
a.
Species: Species selected by Landscape Architect
3.
Plant and maintain new trees as specified in Section 329300 "Plants."
3.10
DISPOSAL OF SURPLUS AND WASTE MATERIALS
A.
Disposal: Remove excess excavated material, displaced trees, trash and debris, and legally
dispose of them off Owner's property.
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END OF SECTION 015639
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SECTION 033000.02 - CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section includes cast-in-place concrete, including formwork, reinforcement, concrete materials,
mixture design, placement procedures, and finishes, for the following:
1.
Site walls.
2.
Slab on Grade.
3.
Footings
B.
Related Sections:
1.
Section 321316 "Decorative Concrete Paving" for decorative concrete pavement and
walks.
2.
Section 321373 " Concrete Paving Joint Sealants" for concrete pavement and walks.
1.3
DEFINITIONS
A.
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.
1.4
ACTION SUBMITTALS
A.
Product Data: For each type of product indicated.
B.
Design Mixtures: City of Chandler standard for each concrete mixture. Submit alternate design
mixtures when characteristics of materials, Project conditions, weather, test results, or other
circumstances warrant adjustments.
1.
Indicate amounts of mixing water to be withheld for later addition at Project site.
C.
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.
D.
Formwork Shop Drawings: Prepared by or under the supervision of a qualified professional
engineer detailing fabrication, assembly, and support of formwork.
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1.
Shoring and Reshoring: Indicate proposed schedule and sequence of stripping formwork,
shoring removal, and reshoring installation and removal.
E.
Construction Joint Layout: Indicate proposed construction joints required to construct the
structure.
1.
Location of construction joints is subject to approval of the Landscape Architect.
F.
Samples: For vapor retarder.
1.5
INFORMATIONAL SUBMITTALS
A.
Qualification Data: For Installer manufacturer and testing agency.
B.
Welding certificates.
C.
Material Certificates: For each of the following, signed by manufacturers:
1.
Cementitious materials.
2.
Admixtures.
3.
Form materials and form-release agents.
4.
Steel reinforcement and accessories.
5.
Fiber reinforcement.
6.
Waterstops.
7.
Curing compounds.
8.
Floor and slab treatments.
9.
Bonding agents.
10.
Adhesives.
11.
Vapor retarders.
12.
Semirigid joint filler.
13.
Joint-filler strips.
14.
Repair materials.
D.
Material Test Reports: For the following, from a qualified testing agency, indicating
compliance with requirements:
1.
Aggregates: Include service record data indicating absence of deleterious expansion of
concrete due to alkali aggregate reactivity.
E.
Floor surface flatness and levelness measurements indicating compliance with specified
tolerances.
F.
Field quality-control reports.
G.
Minutes of preinstallation conference.
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1.6
QUALITY ASSURANCE
A.
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.
B.
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."
C.
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.
D.
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.
E.
Welding Qualifications: Qualify procedures and personnel according to AWS D1.4/D 1.4M,
"Structural Welding Code - Reinforcing Steel."
F.
ACI Publications: Comply with the following unless modified by requirements in the Contract
Documents:
1.
ACI 117, "Specifications for Tolerances for Concrete Construction and Materials."
G.
Concrete Testing Service: Engage a qualified independent testing agency to perform material
evaluation tests and to design concrete mixtures.
H.
Mockups: Cast concrete slab-on-grade and formed-surface panels to demonstrate typical joints,
surface finish, texture, tolerances, floor treatments, and standard of workmanship.
1.
Build panel approximately 100 sq. ft. for slab-on-grade and 60 sq. ft. for formed surface
in the location indicated or, if not indicated, as directed by Landscape Architect.
2.
Approved mockups may become part of the completed Work if undisturbed at time of
Substantial Completion.
I.
Preinstallation Conference: 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:
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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 special inspection and testing and inspecting agency procedures for field quality
control, concrete finishes and finishing, cold- and hot-weather concreting procedures,
curing procedures, construction contraction and isolation joints, and joint-filler strips,
semirigid joint fillers, forms and form removal limitations, shoring and reshoring
procedures, 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.
1.7
DELIVERY, STORAGE, AND HANDLING
A.
Steel Reinforcement: Deliver, store, and handle steel reinforcement to prevent bending and
damage. Avoid damaging coatings on steel reinforcement.
B.
Waterstops: Store waterstops under cover to protect from moisture, sunlight, dirt, oil, and other
contaminants.
PART 2 - PRODUCTS
2.1
FORM-FACING MATERIALS
A.
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.
Exterior-grade plywood panels, suitable for concrete forms, complying with DOC PS 1,
and as follows:
a.
Medium-density overlay, Class 1 or better; mill-release agent treated and edge
sealed.
3.
Reckli formliner 2/208 Volta, or equal.
B.
Forms for Cylindrical Columns, Pedestals, and Supports: Metal, glass-fiber-reinforced plastic,
paper, or fiber tubes that will produce surfaces with gradual or abrupt irregularities not
exceeding specified formwork surface class. Provide units with sufficient wall thickness to
resist plastic concrete loads without detrimental deformation.
C.
Pan-Type Forms: Glass-fiber-reinforced plastic or formed steel, stiffened to resist plastic
concrete loads without detrimental deformation.
D.
Void Forms: Biodegradable paper surface, treated for moisture resistance, structurally
sufficient to support weight of plastic concrete and other superimposed loads.
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E.
Chamfer Strips: Wood, metal, PVC, or rubber strips, 3/4 by 3/4 inch (19 by 19 mm), minimum.
F.
Rustication Strips: Wood, metal, PVC, or rubber strips, kerfed for ease of form removal.
G.
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.
H.
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 (25 mm) to the plane
of exposed concrete surface.
2.
Furnish ties that, when removed, will leave holes no larger than 1 inch (25 mm) in
diameter in concrete surface.
3.
Furnish ties with integral water-barrier plates to walls indicated to receive dampproofing
or waterproofing.
2.2
STEEL REINFORCEMENT
A.
Reinforcing Bars: ASTM A 615/A 615M, Grade 60, deformed.
B.
Plain-Steel Welded Wire Reinforcement: ASTM A 185/A 185M, plain, fabricated from as-
drawn steel wire into flat sheets.
2.3
REINFORCEMENT ACCESSORIES
A.
Joint Dowel Bars: ASTM A 615/A 615M, Grade 60, plain-steel smooth bars, cut true to length
with ends square and free of burrs.
B.
Epoxy Repair Coating: Liquid, two-part, epoxy repair coating; compatible with epoxy coating
on reinforcement and complying with ASTM A 775/A 775M.
C.
Zinc Repair Material: ASTM A 780, zinc-based solder, paint containing zinc dust, or sprayed
zinc.
D.
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.
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2.4
CONCRETE MATERIALS
A.
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,
b.
Ground Granulated Blast-Furnace Slag: ASTM C 989, Grade 100 or 120.
B.
Silica Fume: ASTM C 1240, amorphous silica.
C.
Normal-Weight Aggregates: ASTM C 33, coarse aggregate or better, graded. Provide
aggregates from a single source[ with documented service record data of at least 10 years'
satisfactory service in similar applications and service conditions using similar aggregates and
cementitious materials].
1.
Maximum Coarse-Aggregate Size: 3/4 inch (19 mm) nominal.
D.
Water: ASTM C 94/C 94M and potable.
2.5
ADMIXTURES
A.
Air-Entraining Admixture: ASTM C 260.
B.
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.
2.6
VAPOR RETARDERS
A.
Sheet Vapor Retarder: ASTM E 1745, Class A, Include manufacturer's recommended adhesive
or pressure-sensitive tape.
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.
Carlisle Coatings & Waterproofing, Inc.; Blackline 400.
b.
Fortifiber Building Systems Group; Moistop Ultra 15.
c.
Grace Construction Products, W. R. Grace & Co.; Florprufe 120.
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d.
Insulation Solutions, Inc.; Viper VaporCheck 16
e.
Meadows, W. R., Inc.; Perminator 10 mil
f.
Raven Industries Inc.; Vapor Block 10.
g.
Reef Industries, Inc.; Griffolyn 10 mil Green.
h.
Stego Industries, LLC; Stego Wrap 10 mil Class A.
2.7
CURING MATERIALS
A.
Evaporation Retarder: ASTM C309 Type 2 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.
B.
Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing
approximately 9 oz./sq. yd. (305 g/sq. m) when dry.
C.
Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene
sheet.
D.
Water: Potable.
2.8
RELATED MATERIALS
A.
Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber
B.
Semirigid Joint Filler: Two-component, semirigid, 100 percent solids, epoxy resin with a
Type A shore durometer hardness of 80 per ASTM D 2240.
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C.
Bonding Agent: ASTM C 1059/C 1059M, Type II, non-redispersible, acrylic emulsion or
styrene butadiene.
D.
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 I and II, non-load bearing Types IV and V, load bearing, for bonding hardened or
freshly mixed concrete to hardened concrete.
E.
Reglets: Fabricate reglets of not less than 0.022-inch- (0.55-mm-) thick, galvanized-steel sheet.
Temporarily fill or cover face opening of reglet to prevent intrusion of concrete or debris.
F.
Dovetail Anchor Slots: Hot-dip galvanized-steel sheet, not less than 0.034 inch (0.85 mm)
thick, with bent tab anchors. Temporarily fill or cover face opening of slots to prevent intrusion
of concrete or debris.
2.9
CONCRETE MIXTURES, GENERAL
A.
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.
B.
Cementitious Materials: Limit percentage, by weight, of cementitious materials other than
portland cement in concrete as follows:
1.
Fly Ash: 25 percent.
2.
Combined Fly Ash and Pozzolan: 25 percent.
3.
Ground Granulated Blast-Furnace Slag: 50 percent.
4.
Combined Fly Ash or Pozzolan and Ground Granulated Blast-Furnace Slag: 50 percent
portland cement minimum, with fly ash or pozzolan not exceeding 25 percent.
5.
Silica Fume: 10 percent.
6.
Combined Fly Ash, Pozzolans, and Silica Fume: 35 percent with fly ash or pozzolans not
exceeding 25 percent and silica fume not exceeding 10 percent.
7.
Combined Fly Ash or Pozzolans, Ground Granulated Blast-Furnace Slag, and Silica
Fume: 50 percent with fly ash or pozzolans not exceeding 25 percent and silica fume not
exceeding 10 percent.
C.
Limit water-soluble, chloride-ion content in hardened concrete to [0.06] [0.15] [0.30] [1.00]
percent by weight of cement.
D.
Admixtures: Use admixtures according to manufacturer's written instructions.
1.
Use water-reducing 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.
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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.
2.10
CONCRETE MIXTURES FOR BUILDING ELEMENTS
A.
Footings: Proportion normal-weight concrete mixture as follows:
1.
Minimum Compressive Strength: 3500 psi (24.1 MPa) at 28 days.
2.
Maximum Water-Cementitious Materials Ratio: 0.40
3.
Slump Limit: 4 inches (100 mm) for concrete with verified slump of 2 to 4 inches (50 to
100 mm) before adding high-range water-reducing admixture or plasticizing admixture
plus or minus 1 inch (25 mm).
4.
Air Content: 5.5 percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch
(38-mm) nominal maximum aggregate size.
5.
Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 3/4-inch (19-
mm) nominal maximum aggregate size.
B.
Slabs-on-Grade: Proportion normal-weight concrete mixture as follows:
1.
Minimum Compressive Strength: 3500 psi (24.1 MPa) at 28 days.
2.
Minimum Cementitious Materials Content: 470 lb/cu. yd. (279 kg/cu. m
3.
Slump Limit: 4 inches (100 mm) plus or minus 1 inch (25 mm).
4.
Air Content: 5.5percent, plus or minus 1.5 percent at point of delivery for 1-1/2-inch (38-
mm) nominal maximum aggregate size.
5.
Air Content: 6 percent, plus or minus 1.5 percent at point of delivery for 3/4-inch (19-
mm)] nominal maximum aggregate size.
6.
Air Content: Do not allow air content of trowel-finished floors to exceed 3 percent.
7.
a rate of [50 lb/cu. yd. (29.7 kg/cu. m)] <Insert weight>.
8.
Synthetic Micro-Fiber: Uniformly disperse in concrete mixture at manufacturer's
recommended rate, but not less than 1.0 lb/cu. yd. (0.60 kg/cu. m)
2.11
FABRICATING REINFORCEMENT
A.
Fabricate steel reinforcement according to CRSI's "Manual of Standard Practice."
2.12
CONCRETE MIXING
A.
Ready-Mixed Concrete: Measure, batch, mix, and deliver concrete according to
ASTM C 94/C 94M[ and ASTM C 1116/C 1116M], and furnish batch ticket information.
1.
When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and
delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32
deg C), reduce mixing and delivery time to 60 minutes.
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B.
Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to
ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machine mixer.
1.
For mixer capacity of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least 1-1/2
minutes, but not more than 5 minutes after ingredients are in mixer, before any part of
batch is released.
2.
For mixer capacity larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15 seconds
for each additional 1 cu. yd. (0.76 cu. m).
3.
Provide batch ticket for each batch discharged and used in the Work, indicating Project
identification name and number, date, mixture type, mixture time, quantity, and amount
of water added. Record approximate location of final deposit in structure.
PART 3 - EXECUTION
3.1
FORMWORK
A.
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.
B.
Construct formwork so concrete members and structures are of size, shape, alignment,
elevation, and position indicated, within tolerance limits of ACI 117.
C.
Limit concrete surface irregularities, designated by ACI 347 as abrupt or gradual, as follows:
1.
Class A, 1/8 inch (3.2 mm) for smooth-formed finished surfaces.
2.
Class B, 1/4 inch (6 mm) for rough-formed finished surfaces.
D.
Construct forms tight enough to prevent loss of concrete mortar.
E.
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.
F.
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.
G.
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.
H.
Chamfer, refer to details for finish of exterior corners and edges of permanently exposed
concrete.
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I.
Form openings, chases, offsets, sinkages, keyways, reglets, blocking, screeds, and bulkheads
required in the Work. Determine sizes and locations from trades providing such items.
J.
Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and
other debris just before placing concrete.
K.
Retighten forms and bracing before placing concrete, as required, to prevent mortar leaks and
maintain proper alignment.
L.
Coat contact surfaces of forms with form-release agent, according to manufacturer's written
instructions, before placing reinforcement.
3.2
EMBEDDED ITEMS
A.
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.
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
A.
General: Formwork for sides of beams, walls, columns, 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 (10 deg C) 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.
1.
Leave formwork for beam soffits, joists, slabs, and other structural elements that supports
weight of concrete in place until concrete has achieved[ at least 70 percent of] its 28-day
design compressive strength.
2.
Remove forms only if shores have been arranged to permit removal of forms without
loosening or disturbing shores.
B.
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.
C.
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.
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3.4
SHORES AND RESHORES
A.
Comply with ACI 318 (ACI 318M) and ACI 301 for design, installation, and removal of
shoring and reshoring.
1.
Do not remove shoring or reshoring until measurement of slab tolerances is complete.
B.
Plan sequence of removal of shores and reshore to avoid damage to concrete. Locate and
provide adequate reshoring to support construction without excessive stress or deflection.
3.5
VAPOR RETARDERS
A.
Sheet Vapor Retarders: Place, protect, and repair sheet vapor retarder according to
ASTM E 1643 and manufacturer's written instructions.
1.
Lap joints 6 inches (150 mm) and seal with manufacturer's recommended tape.
B.
Bituminous Vapor Retarders: Place, protect, and repair bituminous vapor retarder according to
manufacturer's written instructions.
C.
Granular Course: Cover vapor retarder with fine-graded granular material, moisten, and
compact with mechanical equipment to elevation tolerances of plus 0 inch (0 mm) or minus 3/4
inch (19 mm).
1.
Place and compact a 1/2-inch- (13-mm-) thick layer of fine-graded granular material over
granular fill.
3.6
STEEL REINFORCEMENT
A.
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.
B.
Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials that
would reduce bond to concrete.
C.
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.
D.
Set wire ties with ends directed into concrete, not toward exposed concrete surfaces.
E.
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.
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F.
Epoxy-Coated Reinforcement: Repair cut and damaged epoxy coatings with epoxy repair
coating according to ASTM D 3963/D 3963M. Use epoxy-coated steel wire ties to fasten
epoxy-coated steel reinforcement.
G.
Zinc-Coated Reinforcement: Repair cut and damaged zinc coatings with zinc repair material
according to ASTM A 780. Use galvanized steel wire ties to fasten zinc-coated steel
reinforcement.
3.7
JOINTS
A.
General: Construct joints true to line with faces perpendicular to surface plane of concrete.
B.
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 (38 mm) into concrete.
3.
Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset
joints in girders a minimum distance of twice the beam width from a beam-girder
intersection.
4.
Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and
girders and at the top of footings or floor slabs.
5.
Space vertical joints in walls as indicated. Locate joints beside piers integral with walls,
near corners, and in concealed locations where possible.
6.
Use a bonding agent at locations where fresh concrete is placed against hardened or
partially hardened concrete surfaces.
7.
Use epoxy-bonding adhesive at locations where fresh concrete is placed against hardened
or partially hardened concrete surfaces.
C.
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:
1.
Grooved Joints: Form contraction joints after initial floating by grooving and finishing
each edge of joint to a radius of 1/8 inch (3.2 mm). 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- (3.2-mm-) wide joints into concrete
when cutting action will not tear, abrade, or otherwise damage surface and before
concrete develops random contraction cracks.
D.
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.
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2.
Terminate full-width joint-filler strips not less than 1/2 inch (13 mm) or more than 1 inch
(25 mm) below finished concrete surface where joint sealants, specified in
Section 079200 "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.
E.
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.
3.8
WATERSTOPS
A.
Flexible Waterstops: Install in construction joints and at other joints indicated to form a
continuous diaphragm. Install in longest lengths practicable. Support and protect exposed
waterstops during progress of the Work. Field fabricate joints in waterstops according to
manufacturer's written instructions.
B.
Self-Expanding Strip Waterstops: Install in construction joints and at other locations indicated,
according to manufacturer's written instructions, adhesive bonding, mechanically fastening, and
firmly pressing into place. Install in longest lengths practicable.
3.9
CONCRETE PLACEMENT
A.
Before placing concrete, verify that installation of formwork, reinforcement, and embedded
items is complete and that required inspections have been performed.
B.
Do not add water to concrete during delivery, at Project site, or during placement unless
approved by Architect.
C.
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.
D.
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 (150 mm) 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.
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E.
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.
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.
F.
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.
G.
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.
3.10
FINISHING FORMED SURFACES
A.
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 not exposed to public view
B.
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 to receive a rubbed finish
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C.
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.
D.
“Sand” or Acid Etch Finish: Dayton Superior Products Topcast 05 surface retarder finish. Refer
to Manufacturer’s installation recommendations for vertical applications.
E.
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.
3.11
FINISHING FLOORS AND SLABS
A.
General: Comply with ACI 302.1R recommendations for screeding, restraightening, and
finishing operations for concrete surfaces. Do not wet concrete surfaces.
B.
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 Landscape Architect before application.
3.12
MISCELLANEOUS CONCRETE ITEMS
A.
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.
B.
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.
C.
Equipment Bases and Foundations:
1.
Coordinate sizes and locations of concrete bases with actual equipment provided.
2.
Construct concrete bases 6 inches (150 mm) high unless otherwise indicated; and extend
base not less than 6 inches (150 mm) in each direction beyond the maximum dimensions
of supported equipment unless otherwise indicated or unless required for seismic anchor
support.
3.
Minimum Compressive Strength: 3500 psi (24.1 MPa) at 28 days.
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4.
Install dowel rods to connect concrete base to concrete floor. Unless otherwise indicated,
install dowel rods on 18-inch (450-mm) centers around the full perimeter of concrete
base.
5.
For supported equipment, install epoxy-coated anchor bolts that extend through concrete
base, and anchor into structural concrete substrate.
6.
Prior to pouring concrete, place and secure anchorage devices. Use setting drawings,
templates, diagrams, instructions, and directions furnished with items to be embedded.
7.
Cast anchor-bolt insert into bases. Install anchor bolts to elevations required for proper
attachment to supported equipment.
3.13
CONCRETE PROTECTING AND CURING
A.
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.
B.
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 (1 kg/sq. m 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.
C.
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.
D.
Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed
surfaces, including floors and slabs, concrete floor toppings, and other surfaces.
E.
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 (300-mm) 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 (300 mm), 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.
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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 Compound: Apply uniformly in 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. Maintain continuity of coating and repair
damage during curing period.
a.
Removal: After curing period has elapsed, remove curing compound without
damaging concrete surfaces by method recommended by curing compound
manufacturer.
3.14
JOINT FILLING
A.
Prepare, clean, and install joint filler according to manufacturer's written instructions.
B.
Remove dirt, debris, saw cuttings, curing compounds, and sealers from joints; leave contact
faces of joint clean and dry.
C.
Install semirigid joint filler full depth in saw-cut joints and at least 2 inches (50 mm) deep in
formed joints. Overfill joint and trim joint filler flush with top of joint after hardening.
3.15
CONCRETE SURFACE REPAIRS
A.
Defective Concrete: Repair and patch defective areas when approved by Landscape Architect.
Remove and replace concrete that cannot be repaired and patched to Landscape Architect's
approval.
B.
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 (1.18-mm) sieve, using only enough water
for handling and placing.
C.
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 (13 mm) in any dimension to solid concrete. Limit cut depth to 3/4 inch (19
mm). 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.
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.
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3.
Repair defects on concealed formed surfaces that affect concrete's durability and
structural performance as determined by Architect.
D.
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 (0.25 mm) 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.
Repair defective areas, except random cracks and single holes 1 inch (25 mm) 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 (19-mm)
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.
5.
Repair random cracks and single holes 1 inch (25 mm) 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.
E.
Perform structural repairs of concrete, subject to Landscape Architect's approval, using epoxy
adhesive and patching mortar.
F.
Repair materials and installation not specified above may be used, subject to Architect's
approval.
3.16
FIELD QUALITY CONTROL
A.
Testing and Inspecting: Engage a qualified testing and inspecting agency to perform tests and
inspections and to submit reports.
B.
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.
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C.
Concrete Tests: Testing of composite samples of fresh concrete obtained according to
ASTM C 172 shall be performed according to the following requirements:
1.
Testing Frequency: Obtain one composite sample for each day's pour of each concrete
mixture exceeding 5 cu. yd. (4 cu. m), but less than 25 cu. yd. (19 cu. m), plus one set for
each additional 50 cu. yd. (38 cu. m) or fraction thereof.
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.
2.
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.
3.
Air Content: ASTM C 231, pressure method, for normal-weight concrete;
ASTM C 173/C 173M, volumetric method, for structural lightweight concrete; one test
for each composite sample, but not less than one test for each day's pour of each concrete
mixture.
4.
Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is
40 deg F (4.4 deg C) and below and when 80 deg F (27 deg C) and above, and one test
for each composite sample.
5.
Compression Test Specimens: ASTM C 31/C 31M.
a.
Cast and laboratory cure two sets of two standard cylinder specimens for each
composite sample.
b.
Cast and field cure [two] sets of two standard cylinder specimens for each
composite sample.
6.
Compressive-Strength Tests: ASTM C 39/C 39M; test one set of two laboratory-cured
specimens at 7 days and one set of two specimens at 28 days.
a.
Test one set of two field-cured specimens at 7 days and one set of two specimens
at 28 days.
b.
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.
7.
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.
8.
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).
9.
Test results shall be reported in writing to Architect, 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.
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10.
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.
11.
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.
12.
Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
13.
Correct deficiencies in the Work that test reports and inspections indicate do not comply
with the Contract Documents.
END OF SECTION 033000
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SECTION 129300 - SITE FURNISHINGS
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section Includes:
1.
Trash Receptacles
2.
Bike Rack
3.
Drinking Fountain with chiller
4.
Fitness Station
5.
Bench
6.
Picnic Table
7.
Picnic Table (ADA Accessible)
B.
Related Requirements:
1.
Section 033000 "Cast-in-Place Concrete" for installing pipe sleeves cast, installing
anchor bolts cast, and formed voids in concrete footings.
2.
Section 312000 "Earth Moving" for excavation for installing concrete footings.
1.3
ACTION SUBMITTALS
A.
Product Data: For each type of product.
B.
Samples: For each exposed product and for each color and texture specified.
C.
Samples for Initial Selection: For units with factory-applied finishes.
D.
Samples for Verification: For each type of exposed finish, not less than 6-inch- (152-mm-) long
linear components and 4-inch- (102-mm-) square sheet components.
1.
Include full-size Samples of bench, table (all types), movable chairs, concrete chairs,
bicycle rack, trash receptacle, recycling receptacle.
E.
Product Schedule: For site furnishings. Use same designations indicated on Drawings.
1.4
CLOSEOUT SUBMITTALS
A.
Maintenance Data: For site furnishings to include in maintenance manuals.
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1.5
MAINTENANCE MATERIAL SUBMITTALS
A.
Furnish extra materials that match products installed and that are packaged with protective
covering for storage and identified with labels describing contents.
1.
Trash Receptacle Inner Containers: Five full-size units for each size indicated
2.
Anchors.
PART 2 - PRODUCTS
A.
See Materials Schedule L001 for all product information. This includes Benches, Trash and
Recycling Receptacles, Bollards, Bike Racks, and other site furnishings as depicted on
drawings.
2.2
MATERIALS
A.
Aluminum: Alloy and temper recommended by aluminum producer and finisher for type of use
and finish indicated; free of surface blemishes and complying with the following:
1.
Rolled or Cold-Finished Bars, Rods, and Wire: ASTM B 211 (ASTM B 211M).
2.
Extruded Bars, Rods, Wire, Profiles, and Tubes: ASTM B 221 (ASTM B 221M).
3.
Structural Pipe and Tube: ASTM B 429/B 429M.
4.
Sheet and Plate: ASTM B 209 (ASTM B 209M).
5.
Castings: ASTM B 26/B 26M.
B.
Steel and Iron: Free of surface blemishes and complying with the following:
1.
Plates, Shapes, and Bars: ASTM A 36/A 36M.
2.
Steel Pipe: Standard-weight steel pipe complying with ASTM A 53/A 53M, or electric-
resistance-welded pipe complying with ASTM A 135/A 135M.
3.
Tubing: Cold-formed steel tubing complying with ASTM A 500/A 500M.
4.
Mechanical Tubing: Cold-rolled, electric-resistance-welded carbon or alloy steel tubing
complying with ASTM A 513, or steel tubing fabricated from steel complying with
ASTM A 1011/A 1011M
and
complying
with
dimensional
tolerances
in
ASTM A 500/A 500M; zinc coated internally and externally.
5.
Sheet: Commercial steel sheet complying with ASTM A 1011/A 1011M.
6.
Perforated Metal: From steel sheet not less than [0.075-inch (1.9-mm)] [0.090-inch (2.3-
mm)] [0.120-inch (3.0-mm)] nominal thickness; manufacturer's standard perforation
pattern.
7.
Expanded Metal: Carbon-steel sheets, deburred after expansion, and complying with
ASTM F 1267.
8.
Malleable-Iron Castings: ASTM A 47/A 47M, grade as recommended by fabricator for
type of use intended.
9.
Gray-Iron Castings: ASTM A 48/A 48M, Class 200.
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C.
Fiberglass: Multiple laminations of glass-fiber-reinforced polyester resin with UV-light stable,
colorfast, nonfading, weather- and stain-resistant, colored polyester gel coat, and with
manufacturer's standard finish.
D.
Plastic: Color impregnated, color and UV-light stabilized, and mold resistant.
1.
Polyethylene: Fabricated from virgin plastic HDPE resin.
2.
Recycled Content of Polyethylene: Postconsumer recycled content plus one-half of pre-
consumer recycled content not less than 50 percent.
E.
Anchors, Fasteners, Fittings, and Hardware: Manufacturer's standard, corrosion-resistant-coated
or
noncorrodible
materials;
commercial
quality, tamperproof,
vandal
and
theft
resistant, concealed, recessed, and capped or plugged.
1.
Angle Anchors: For inconspicuously bolting legs of site furnishings to on-grade
substrate; extent as indicated
F.
Nonshrink, Nonmetallic Grout: Premixed, factory-packaged, nonstaining, noncorrosive,
nongaseous grout complying with ASTM C 1107/C 1107M; recommended in writing by
manufacturer, for exterior applications.
G.
Erosion-Resistant Anchoring Cement: Factory-packaged, nonshrink, nonstaining, hydraulic-
controlled expansion cement formulation for mixing with potable water at Project site to create
pourable anchoring, patching, and grouting compound; resistant to erosion from water exposure
without needing protection by a sealer or waterproof coating; recommended in writing by
manufacturer, for exterior applications.
H.
Galvanizing: Where indicated for steel and iron components, provide the following protective
zinc coating applied to components after fabrication:
1.
Zinc-Coated Tubing: External, zinc with organic overcoat, consisting of a minimum of
0.9 oz./sq. ft. (0.27 kg/sq. m) of zinc after welding, a chromate conversion coating, and a
clear, polymer film. Internal, same as external or consisting of 81 percent zinc pigmented
coating, not less than 0.3 mil (0.0076 mm) thick.
2.
Hot-Dip Galvanizing: According to ASTM A 123/A 123M, ASTM A 153/A 153M, or
ASTM A 924/A 924M.
2.3
FABRICATION
A.
Metal Components: Form to required shapes and sizes with true, consistent curves, lines, and
angles. Separate metals from dissimilar materials to prevent electrolytic action.
B.
Welded Connections: Weld connections continuously. Weld solid members with full-length,
full-penetration welds and hollow members with full-circumference welds. At exposed
connections, finish surfaces smooth and blended so no roughness or unevenness shows after
finishing and welded surface matches contours of adjoining surfaces.
C.
Pipes and Tubes: Form simple and compound curves by bending members in jigs to produce
uniform curvature for each repetitive configuration required; maintain cylindrical cross section
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of member throughout entire bend without buckling, twisting, cracking, or otherwise deforming
exposed surfaces of handrail and railing components.
D.
Preservative-Treated Wood Components: Complete fabrication of treated items before
treatment if possible. If cut after treatment, apply field treatment complying with AWPA M4 to
cut surfaces.
E.
Exposed Surfaces: Polished, sanded, or otherwise finished; all surfaces smooth, free of burrs,
barbs, splinters, and sharpness; all edges and ends rolled, rounded, or capped.
F.
Factory Assembly: Assemble components in the factory to greatest extent possible to minimize
field assembly. Clearly mark units for assembly in the field.
2.4
GENERAL FINISH REQUIREMENTS
A.
Appearance of Finished Work: Noticeable variations in same piece are not acceptable.
Variations in appearance of adjoining components are acceptable if they are within the range of
approved Samples and are assembled or installed to minimize contrast.
2.5
ALUMINUM FINISHES
A.
Baked-Enamel, Powder-Coat Finish: Manufacturer's standard, baked, polyester, powder-coat
finish complying with finish manufacturer's written instructions for surface preparation,
including pretreatment, application, baking, and minimum dry film thickness.
2.6
STEEL AND GALVANIZED-STEEL FINISHES
A.
Baked-Enamel, Powder-Coat Finish: Manufacturer's standard, baked, polyester, powder-coat
finish complying with finish manufacturer's written instructions for surface preparation,
including pretreatment, application, baking, and minimum dry film thickness.
B.
PVC Finish: Manufacturer's standard, UV-light stabilized, mold-resistant, slip-resistant, matte-
textured, dipped or sprayed-on, PVC-plastisol finish, with flame retardant added; complying
with coating manufacturer's written instructions for pretreatment, application, and minimum dry
film thickness.
2.7
IRON FINISHES
A.
Baked-Enamel, Powder-Coat Finish: Manufacturer's standard, baked, polyester, powder-coat
finish complying with finish manufacturer's written instructions for surface preparation,
including pretreatment, application, baking, and minimum dry film thickness.
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PART 3 - EXECUTION
3.1
EXAMINATION
A.
Examine areas and conditions, with Installer present, for compliance with requirements for
correct and level finished grade, mounting surfaces, installation tolerances, and other conditions
affecting performance of the Work.
B.
Proceed with installation only after unsatisfactory conditions have been corrected.
3.2
INSTALLATION, GENERAL
A.
Comply with manufacturer's written installation instructions unless more stringent requirements
are indicated. Complete field assembly of site furnishings where required.
B.
Unless otherwise indicated, install site furnishings after landscaping and paving have been
completed.
C.
Install site furnishings level, plumb, true, and securely anchored or positioned at locations
indicated on Drawings.
D.
Post Setting: Set cast-in support posts in concrete footing with smooth top, shaped to shed
water. Protect portion of posts above footing from concrete splatter. Verify that posts are set
plumb or at correct angle and are aligned and at correct height and spacing. Hold posts in
position during placement and finishing operations until concrete is sufficiently cured.
E.
Posts Set into Voids in Concrete: Form or core-drill holes for installing posts in concrete to
depth recommended in writing by manufacturer of site furnishings and 3/4 inch (19 mm) larger
than OD of post. Clean holes of loose material, insert posts, and fill annular space between post
and concrete with nonshrink, nonmetallic grout or anchoring cement, mixed and placed to
comply with anchoring material manufacturer's written instructions, with top smoothed and
shaped to shed water.
F.
Pipe Sleeves: Use steel pipe sleeves preset and anchored into concrete for installing posts.
After posts have been inserted into sleeves, fill annular space between post and sleeve with
nonshrink, nonmetallic grout or anchoring cement, mixed and placed to comply with
anchoring material manufacturer's written instructions, with top smoothed and shaped to shed
water.
END OF SECTION 129300
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SECTION 311000 - SITE CLEARING
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section Includes:
1.
Protecting existing vegetation to remain.
2.
Removing existing vegetation.
3.
Clearing and grubbing.
4.
Stripping and stockpiling topsoil.
5.
Removing above- and below-grade site improvements.
6.
Disconnecting, capping or sealing, and removing site utilities, abandoning site utilities in
place.
7.
Temporary erosion- and sedimentation-control measures.
1.3
DEFINITIONS
A.
Subsoil: All soil beneath the topsoil layer of the soil profile, and typified by the lack of organic
matter and soil organisms.
B.
Surface Soil: Soil that is present at the top layer of the existing soil profile at the Project site.
In undisturbed areas, the surface soil is typically topsoil; but in disturbed areas such as urban
environments, the surface soil can be subsoil.
C.
Topsoil: Top layer of the soil profile consisting of existing native surface topsoil or existing in-
place surface soil and is the zone where plant roots grow.
D.
Vegetation: Trees, shrubs, groundcovers, grass, and other plants.
1.4
MATERIAL OWNERSHIP
A.
Except for stripped topsoil and other materials indicated to be stockpiled or otherwise remain
Owner's property, cleared materials shall become Contractor's property and shall be removed
from Project site.
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1.5
INFORMATIONAL SUBMITTALS
A.
Existing Conditions: Documentation of existing trees and plantings, adjoining construction, and
site improvements that establishes preconstruction conditions that might be misconstrued as
damage caused by site clearing.
1.
Use sufficiently detailed photographs or videotape.
B.
Record Drawings: Identifying and accurately showing locations of capped utilities and other
subsurface structural, electrical, and mechanical conditions.
1.6
PROJECT CONDITIONS
A.
Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied
or used facilities during site-clearing operations.
1.
Do not close or obstruct streets, walks, or other adjacent occupied or used facilities
without permission from Owner and authorities having jurisdiction.
2.
Provide alternate routes around closed or obstructed traffic ways if required by Owner or
authorities having jurisdiction.
B.
Utility Locator Service: Notify utility locator service for area where Project is located before
site clearing.
C.
Do not commence site clearing operations until temporary erosion- and sedimentation-control
measures are in place.
D.
Soil Stripping, Handling, and Stockpiling: Perform only when the topsoil is dry or slightly
moist.
PART 2 - PRODUCTS
2.1
MATERIALS
A.
Satisfactory Soil Material: Requirements for satisfactory soil material are specified in
Section 312000 "Earth Moving."
1.
Obtain approved borrow soil material off-site when satisfactory soil material is not
available on-site.
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PART 3 - EXECUTION
3.1
PREPARATION
A.
Protect and maintain benchmarks and survey control points from disturbance during
construction.
B.
Protect existing site improvements to remain from damage during construction.
1.
Restore damaged improvements to their original condition, as acceptable to Owner.
3.2
TEMPORARY EROSION AND SEDIMENTATION CONTROL
A.
Provide temporary erosion- and sedimentation-control measures to prevent soil erosion and
discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways,
according to erosion- and sedimentation-control Drawings and requirements of authorities
having jurisdiction.
B.
Verify that flows of water redirected from construction areas or generated by construction
activity do not enter or cross protection zones.
C.
Inspect, maintain, and repair erosion- and sedimentation-control measures during construction
until permanent vegetation has been established.
D.
Remove erosion and sedimentation controls and restore and stabilize areas disturbed during
removal.
3.3
EXISTING UTILITIES
A.
Owner will arrange for disconnecting and sealing indicated utilities that serve existing structures
before site clearing, when requested by Contractor.
1.
Verify that utilities have been disconnected and capped before proceeding with site
clearing.
B.
Locate, identify, disconnect, and seal or cap utilities indicated to be removed or abandoned in
place.
1.
Arrange with utility companies to shut off indicated utilities.
2.
Owner will arrange to shut off indicated utilities when requested by Contractor.
C.
Locate, identify, and disconnect utilities indicated to be abandoned in place.
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D.
Interrupting Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or
others unless permitted under the following conditions and then only after arranging to provide
temporary utility services according to requirements indicated:
1.
Notify Architect not less than two days in advance of proposed utility interruptions.
2.
Do not proceed with utility interruptions without Architect's written permission.
E.
Excavate for and remove underground utilities indicated to be removed.
3.4
CLEARING AND GRUBBING
A.
Remove obstructions, trees, shrubs, and other vegetation to permit installation of new
construction.
1.
Grind down stumps and remove roots, obstructions, and debris to a depth of 18 inches
(450 mm) below exposed subgrade.
2.
Use only hand methods for grubbing within protection zones.
3.
Chip removed tree branches and dispose of off-site
B.
Fill depressions caused by clearing and grubbing operations with satisfactory soil material
unless further excavation or earthwork is indicated.
1.
Place fill material in horizontal layers not exceeding a loose depth of 8 inches (200 mm),
and compact each layer to a density equal to adjacent original ground.
3.5
TOPSOIL STRIPPING
A.
Remove sod and grass before stripping topsoil.
B.
Strip topsoil in a manner to prevent intermingling with underlying subsoil or other waste
materials.
1.
Remove subsoil and nonsoil materials from topsoil, including clay lumps, gravel, and
other objects more than 2 inches (50 mm) in diameter; trash, debris, weeds, roots, and
other waste materials.
C.
Stockpile topsoil away from edge of excavations without intermixing with subsoil. Grade and
shape stockpiles to drain surface water. Cover to prevent windblown dust and erosion by water.
1.
Limit height of topsoil stockpiles to 72 inches (1800 mm).
2.
Do not stockpile topsoil within protection zones.
3.
Dispose of surplus topsoil. Surplus topsoil is that which exceeds quantity indicated to be
stockpiled or reused.
4.
Stockpile surplus topsoil to allow for respreading deeper topsoil.
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3.6
SITE IMPROVEMENTS
A.
Remove existing above- and below-grade improvements as indicated and necessary to facilitate
new construction.
B.
Remove slabs, paving, curbs, gutters, and aggregate base as indicated.
1.
Unless existing full-depth joints coincide with line of demolition, neatly saw-cut along
line of existing pavement to remain before removing adjacent existing pavement. Saw-
cut faces vertically.
2.
Paint cut ends of steel reinforcement in concrete to remain with two coats of antirust
coating, following coating manufacturer's written instructions. Keep paint off surfaces
that will remain exposed.
3.7
DISPOSAL OF SURPLUS AND WASTE MATERIALS
A.
Remove surplus soil material, unsuitable topsoil, obstructions, demolished materials, and waste
materials including trash and debris, and legally dispose of them off Owner's property.
B.
Separate recyclable materials produced during site clearing from other nonrecyclable materials.
Store or stockpile without intermixing with other materials and transport them to recycling
facilities. Do not interfere with other Project work.
END OF SECTION 311000
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SECTION 312000 - EARTH MOVING
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section Includes:
1.
Preparing subgrades for slabs-on-grade, walks, turf and grasses and plants.
2.
Drainage course for concrete slabs-on-grade.
3.
Subbase course for concrete walks.
4.
Subsurface drainage backfill for walls and trenches.
B.
Related Sections:
1.
Section 033000 "Cast-in-Place Concrete" for granular course if placed over vapor
retarder and beneath the slab-on-grade.
2.
Section 311000 "Site Clearing" for site stripping, grubbing, stripping and stockpiling
topsoil, and removal of above- and below-grade improvements and utilities.
3.
Section 329200 "Turf and Grasses" for finish grading in turf and grass areas, including
preparing and placing planting soil for turf areas.
4.
Section 329300 "Plants" for finish grading in planting areas and tree and shrub pit
excavation and planting.
1.3
DEFINITIONS
A.
Backfill: Soil material or controlled low-strength material used to fill an excavation.
1.
Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to
support sides of pipe.
2.
Final Backfill: Backfill placed over initial backfill to fill a trench.
B.
Base Course: Aggregate layer placed between the subbase course and hot-mix asphalt paving.
C.
Bedding Course: Aggregate layer placed over the excavated subgrade in a trench before laying
pipe.
D.
Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill.
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E.
Drainage Course: Aggregate layer supporting the slab-on-grade that also minimizes upward
capillary flow of pore water.
F.
Excavation: Removal of material encountered above subgrade elevations and to lines and
dimensions indicated.
1.
Authorized Additional Excavation: Excavation below subgrade elevations or beyond
indicated lines and dimensions as directed by Architect. Authorized additional
excavation and replacement material will be paid for according to Contract provisions for
changes in the Work.
2.
Bulk Excavation: Excavation more than 10 feet (3 m) in width and more than 30 feet
(9 m) in length.
3.
Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated
lines and dimensions without direction by Architect. Unauthorized excavation, as well as
remedial work directed by Architect, shall be without additional compensation.
G.
Fill: Soil materials used to raise existing grades.
H.
Rock: Rock material in beds, ledges, unstratified masses, conglomerate deposits, and boulders
of rock material 3/4 cu. yd. (0.57 cu. m) or more in volume that exceed a standard penetration
resistance of 100 blows/2 inches (97 blows/50 mm) when tested by a geotechnical testing
agency, according to ASTM D 1586.
I.
Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical
and electrical appurtenances, or other man-made stationary features constructed above or below
the ground surface.
J.
Subbase Course: Aggregate layer placed between the subgrade and base course for hot-mix
asphalt pavement, or aggregate layer placed between the subgrade and a cement concrete
pavement or a cement concrete or hot-mix asphalt walk.
K.
Subgrade: Uppermost surface of an excavation or the top surface of a fill or backfill
immediately below subbase, drainage fill, drainage course, or topsoil materials.
L.
Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground
services within buildings.
1.4
ACTION SUBMITTALS
A.
Product Data: For each type of the following manufactured products required:
1.
Geotextiles.
2.
Warning tapes.
B.
Samples for Verification: For the following products, in sizes indicated below:
1.
Geotextile: 12 by 12 inches (300 by 300 mm).
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2.
Warning Tape: 12 inches (300 mm) long; of each color.
1.5
INFORMATIONAL SUBMITTALS
A.
Qualification Data: For qualified testing agency.
B.
Material Test Reports: For each on-site and borrow soil material proposed for fill and backfill
as follows:
1.
Classification according to ASTM D 2487.
2.
Laboratory compaction curve according to ASTM D 698 or ASTM D 1557.
C.
Preexcavation Photographs or Videotape: Show existing conditions of adjoining construction
and site improvements, including finish surfaces, that might be misconstrued as damage caused
by earth moving operations. Submit before earth moving begins.
1.6
QUALITY ASSURANCE
A.
Geotechnical Testing Agency Qualifications: Qualified according to ASTM E 329 and
ASTM D 3740 for testing indicated.
B.
Preexcavation Conference: Conduct conference at Project site.
1.7
PROJECT CONDITIONS
A.
Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied
or used facilities during earth moving operations.
1.
Do not close or obstruct streets, walks, or other adjacent occupied or used facilities
without permission from Owner and authorities having jurisdiction.
2.
Provide alternate routes around closed or obstructed traffic ways if required by Owner or
authorities having jurisdiction.
B.
Do not commence earth moving operations until temporary erosion- and sedimentation-control
measures, specified in Section 311000 "Site Clearing," are in place.
PART 2 - PRODUCTS
2.1
SOIL MATERIALS
A.
General: Provide borrow soil materials when sufficient satisfactory soil materials are not
available from excavations.
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B.
Satisfactory Soils: Soil Classification Groups GW, GP, GM, SW, SP, and SM according to
ASTM D 2487, Groups A-1, A-2-4, A-2-5, and A-3 according to AASHTO M 145, or a
combination of these groups; free of rock or gravel larger than 3 inches (75 mm) in any
dimension, debris, waste, frozen materials, vegetation, and other deleterious matter.
C.
Unsatisfactory Soils: Soil Classification Groups GC, SC, CL, ML, OL, CH, MH, OH, and PT
according to ASTM D 2487, Groups A-2-6, A-2-7, A-4, A-5, A-6, and A-7 according to
AASHTO M 145, or a combination of these groups.
1.
Unsatisfactory soils also include satisfactory soils not maintained within 2 percent of
optimum moisture content at time of compaction.
D.
Subbase Material: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch
(37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve.
E.
Base Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1-1/2-inch
(37.5-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve.
F.
Engineered Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1-1/2-inch
(37.5-mm) sieve and not more than 12 percent passing a No. 200 (0.075-mm) sieve.
G.
Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed
stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1-inch
(25-mm) sieve and not more than 8 percent passing a No. 200 (0.075-mm) sieve.
H.
Drainage Course: Narrowly graded mixture of washed crushed stone, or crushed or uncrushed
gravel; ASTM D 448; coarse-aggregate grading Size 57; with 100 percent passing a 1-1/2-inch
(37.5-mm) sieve and 0 to 5 percent passing a No. 8 (2.36-mm) sieve.
I.
Filter Material: Narrowly graded mixture of natural or crushed gravel, or crushed stone and
natural sand; ASTM D 448; coarse-aggregate grading Size 67; with 100 percent passing a 1-
inch (25-mm) sieve and 0 to 5 percent passing a No. 4 (4.75-mm) sieve.
J.
Sand: ASTM C 33; fine aggregate.
K.
Impervious Fill: Clayey gravel and sand mixture capable of compacting to a dense state.
2.2
GEOTEXTILES
A.
Subsurface Drainage Geotextile: Nonwoven needle-punched geotextile, manufactured for
subsurface drainage applications, made from polyolefins or polyesters; with elongation greater
than 50 percent; complying with AASHTO M 288 and the following, measured per test
methods referenced:
1.
Grab Tensile Strength: 157 lbf (700 N); ASTM D 4632.
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2.
Sewn Seam Strength: 142 lbf (630 N); ASTM D 4632.
3.
Tear Strength: 56 lbf (250 N); ASTM D 4533.
4.
Puncture Strength: 56 lbf (250 N); ASTM D 4833.
5.
Apparent Opening Size: No. 40 (0.425-mm) sieve, maximum; ASTM D 4751.
6.
Permittivity: 0.5 per second, minimum; ASTM D 4491.
7.
UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355.
B.
Separation Geotextile: Woven geotextile fabric, manufactured for separation applications,
made from polyolefins or polyesters; with elongation less than 50 percent; complying with
AASHTO M 288 and the following, measured per test methods referenced:
1.
Grab Tensile Strength: 247 lbf (1100 N); ASTM D 4632.
2.
Sewn Seam Strength: 222 lbf (990 N); ASTM D 4632.
3.
Tear Strength: 90 lbf (400 N); ASTM D 4533.
4.
Puncture Strength: 90 lbf (400 N); ASTM D 4833.
5.
Apparent Opening Size: No. 60 (0.250-mm) sieve, maximum; ASTM D 4751.
6.
Permittivity: 0.02 per second, minimum; ASTM D 4491.
7.
UV Stability: 50 percent after 500 hours' exposure; ASTM D 4355.
C.
Produce conventional-weight, controlled low-strength material with [80-psi (550-kPa)]
compressive strength when tested according to ASTM C 495.
2.3
ACCESSORIES
A.
Warning Tape: Acid- and alkali-resistant, polyethylene film warning tape manufactured for
marking and identifying underground utilities, 6 inches (150 mm) wide and 4 mils (0.1 mm)
thick, continuously inscribed with a description of the utility; colored as follows:
1.
Red: Electric.
2.
Yellow: Gas, oil, steam, and dangerous materials.
3.
Orange: Telephone and other communications.
4.
Blue: Water systems.
5.
Green: Sewer systems.
6.
Purple: Reclaimed Water
PART 3 - EXECUTION
3.1
PREPARATION
A.
Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by
settlement, lateral movement, undermining, washout, and other hazards created by earth moving
operations.
B.
Protect and maintain erosion and sedimentation controls during earth moving operations.
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C.
Protect subgrades and foundation soils from freezing temperatures and frost. Remove
temporary protection before placing subsequent materials.
3.2
DEWATERING
A.
Prevent surface water and ground water from entering excavations, from ponding on prepared
subgrades, and from flooding Project site and surrounding area.
B.
Protect subgrades from softening, undermining, washout, and damage by rain or water
accumulation.
1.
Reroute surface water runoff away from excavated areas. Do not allow water to
accumulate in excavations. Do not use excavated trenches as temporary drainage ditches.
3.3
EXPLOSIVES
A.
Explosives: Do not use explosives.
3.4
EXCAVATION, GENERAL
A.
Classified Excavation: Excavate to subgrade elevations. Material to be excavated will be
classified as earth and rock. Do not excavate rock until it has been classified and cross
sectioned by Architect. The Contract Sum will be adjusted for rock excavation according to
unit prices included in the Contract Documents. Changes in the Contract Time may be
authorized for rock excavation.
1.
Earth excavation includes excavating pavements and obstructions visible on surface;
underground structures, utilities, and other items indicated to be removed; together with
soil, boulders, and other materials not classified as rock or unauthorized excavation.
a.
Intermittent drilling; blasting, if permitted; ram hammering; or ripping of material
not classified as rock excavation is earth excavation.
2.
Rock excavation includes removal and disposal of rock. Remove rock to lines and
subgrade elevations indicated to permit installation of permanent construction without
exceeding the following dimensions:
a.
24 inches (600 mm) outside of concrete forms other than at footings.
b.
12 inches (300 mm) outside of concrete forms at footings.
c.
6 inches (150 mm) outside of minimum required dimensions of concrete cast
against grade.
d.
Outside dimensions of concrete walls indicated to be cast against rock without
forms or exterior waterproofing treatments.
e.
6 inches (150 mm) beneath bottom of concrete slabs-on-grade.
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f.
6 inches (150 mm) beneath pipe in trenches, and the greater of [24 inches (600
mm) wider than pipe or 42 inches (1065 mm) wide.
3.5
EXCAVATION FOR STRUCTURES
A.
Excavate to indicated elevations and dimensions within a tolerance of plus or minus 1 inch (25
mm). If applicable, extend excavations a sufficient distance from structures for placing and
removing concrete formwork, for installing services and other construction, and for inspections.
1.
Excavations for Footings and Foundations: Do not disturb bottom of excavation.
Excavate by hand to final grade just before placing concrete reinforcement. Trim
bottoms to required lines and grades to leave solid base to receive other work.
2.
Excavation for Underground Tanks, Basins, and Mechanical or Electrical Utility
Structures: Excavate to elevations and dimensions indicated within a tolerance of plus or
minus 1 inch (25 mm). Do not disturb bottom of excavations intended as bearing
surfaces.
3.6
EXCAVATION FOR WALKS AND PAVEMENTS
A.
Excavate surfaces under walks and pavements to indicated lines, cross sections, elevations, and
subgrades.
3.7
EXCAVATION FOR UTILITY TRENCHES
A.
Excavate trenches to indicated gradients, lines, depths, and elevations.
1.
Beyond building perimeter, excavate trenches to allow installation of top of pipe below
frost line.
B.
Excavate trenches to uniform widths to provide the following clearance on each side of pipe or
conduit. Excavate trench walls vertically from trench bottom to 12 inches (300 mm) higher
than top of pipe or conduit unless otherwise indicated.
1.
Clearance: 12 inches (300 mm) each side of pipe or conduit.
C.
Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of
pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of
pipes and for joints, fittings, and bodies of conduits. Remove projecting stones and sharp
objects along trench subgrade.
1.
For pipes and conduit less than 6 inches (150 mm) in nominal diameter, hand-excavate
trench bottoms and support pipe and conduit on an undisturbed subgrade.
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2.
For pipes and conduit 6 inches (150 mm) or larger in nominal diameter, shape bottom of
trench to support bottom 90 degrees of pipe or conduit circumference. Fill depressions
with tamped sand backfill.
3.
For flat-bottomed, multiple-duct conduit units, hand-excavate trench bottoms and support
conduit on an undisturbed subgrade.
4.
Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other
unyielding bearing material to allow for bedding course.
D.
Trench Bottoms: Excavate trenches 4 inches (100 mm) deeper than bottom of pipe and conduit
elevations to allow for bedding course. Hand-excavate deeper for bells of pipe.
1.
Excavate trenches 6 inches (150 mm) deeper than elevation required in rock or other
unyielding bearing material to allow for bedding course.
3.8
SUBGRADE INSPECTION
A.
Notify Architect when excavations have reached required subgrade.
B.
If Architect determines that unsatisfactory soil is present, continue excavation and replace with
compacted backfill or fill material as directed.
C.
Proof-roll subgrade below the building slabs and pavements with a pneumatic-tired and loaded
10-wheel, tandem-axle dump truck weighing not less than 15 tons (13.6 tonnes) to identify soft
pockets and areas of excess yielding. Do not proof-roll wet or saturated subgrades.
1.
Completely proof-roll subgrade in one direction repeating proof-rolling in direction
perpendicular to first direction. Limit vehicle speed to 3 mph (5 km/h).
2.
Excavate soft spots, unsatisfactory soils, and areas of excessive pumping or rutting, as
determined by Architect, and replace with compacted backfill or fill as directed.
D.
Authorized additional excavation and replacement material will be paid for according to
Contract provisions for changes in the Work.
E.
Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or
construction activities, as directed by Architect, without additional compensation.
3.9
UNAUTHORIZED EXCAVATION
A.
Fill unauthorized excavation under foundations or wall footings by extending bottom elevation
of concrete foundation or footing to excavation bottom, without altering top elevation. Lean
concrete fill, with 28-day compressive strength of 2500 psi (17.2 MPa), may be used when
approved by Architect.
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1.
Fill unauthorized excavations under other construction, pipe, or conduit as directed by
Architect.
3.10
STORAGE OF SOIL MATERIALS
A.
Stockpile borrow soil materials and excavated satisfactory soil materials without intermixing.
Place, grade, and shape stockpiles to drain surface water. Cover to prevent windblown dust.
1.
Stockpile soil materials away from edge of excavations. Do not store within drip line of
remaining trees.
3.11
BACKFILL
A.
Place and compact backfill in excavations promptly, but not before completing the following:
1.
Construction below finish grade including, where applicable, subdrainage, dampproofing,
waterproofing, and perimeter insulation.
2.
Surveying locations of underground utilities for Record Documents.
3.
Testing and inspecting underground utilities.
4.
Removing concrete formwork.
5.
Removing trash and debris.
6.
Removing temporary shoring and bracing, and sheeting.
7.
Installing permanent or temporary horizontal bracing on horizontally supported walls.
B.
Place backfill on subgrades free of mud, frost, snow, or ice.
3.12
UTILITY TRENCH BACKFILL
A.
Place backfill on subgrades free of mud, frost, snow, or ice.
B.
Place and compact bedding course on trench bottoms and where indicated. Shape bedding
course to provide continuous support for bells, joints, and barrels of pipes and for joints,
fittings, and bodies of conduits.
C.
Trenches under Footings: Backfill trenches excavated under footings and within 18 inches (450
mm) of bottom of footings with satisfactory soil; fill with concrete to elevation of bottom of
footings. Concrete is specified in Section 033000 "Cast-in-Place Concrete"
D.
Trenches under Roadways: Provide 4-inch thick, concrete-base slab support for piping or
conduit less than 30 inches below surface of roadways. After installing and testing, completely
encase piping or conduit in a minimum of 4 inches of concrete before backfilling or placing
roadway subbase course. Concrete is specified in Section 033000 "Cast-in-Place Concrete"
E.
Backfill voids with satisfactory soil while removing shoring and bracing.
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F.
Place and compact initial backfill of subbase material , free of particles larger than 1 inch in any
dimension, to a height of 12 inches (300 mm) over the pipe or conduit.
1.
Carefully compact initial backfill under pipe haunches and compact evenly up on both
sides and along the full length of piping or conduit to avoid damage or displacement of
piping or conduit. Coordinate backfilling with utilities testing.
G.
Controlled Low-Strength Material: Place initial backfill of controlled low-strength material to a
height of 12 inches (300 mm) over the pipe or conduit. Coordinate backfilling with utilities
testing.
H.
Place and compact final backfill of satisfactory soil to final subgrade elevation.
I.
Install warning tape directly above utilities, 12 inches (300 mm) below finished grade, except 6
inches (150 mm) below subgrade under pavements and slabs.
3.13
SOIL FILL
A.
Plow, scarify, bench, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill
material will bond with existing material.
B.
Place and compact fill material in layers to required elevations as follows:
1.
Under grass and planted areas, use satisfactory soil material.
2.
Under walks and pavements, use satisfactory soil material.
3.
Under steps and ramps, use engineered fill.
4.
Under building slabs, use engineered fill.
5.
Under footings and foundations, use engineered fill.
C.
Place soil fill on subgrades free of mud, frost, snow, or ice.
3.14
SOIL MOISTURE CONTROL
A.
Uniformly moisten or aerate subgrade and each subsequent fill or backfill soil layer before
compaction to within 2 percent of optimum moisture content.
1.
Do not place backfill or fill soil material on surfaces that are muddy, frozen, or contain
frost or ice.
2.
Remove and replace, or scarify and air dry, otherwise satisfactory soil material that
exceeds optimum moisture content by 2 percent and is too wet to compact to specified
dry unit weight.
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3.15
COMPACTION OF SOIL BACKFILLS AND FILLS
A.
Place backfill and fill soil materials in layers not more than 8 inches in loose depth for material
compacted by heavy compaction equipment, and not more than 4 inches in loose depth for
material compacted by hand-operated tampers.
B.
Place backfill and fill soil materials evenly on all sides of structures to required elevations, and
uniformly along the full length of each structure.
C.
Compact soil materials to not less than the following percentages of maximum dry unit weight
according to [ASTM D 698] [ASTM D 1557]:
1.
Under structures, building slabs, steps, and pavements, scarify and recompact top 12
inches (300 mm) of existing subgrade and each layer of backfill or fill soil material at
[95] percent.
2.
Under walkways, scarify and recompact top 6 inches below subgrade and compact each
layer of backfill or fill soil material at [92] percent.
3.
Under turf or unpaved areas, scarify and recompact top 6 inches below subgrade and
compact each layer of backfill or fill soil material at [85] percent.
4.
For utility trenches, compact each layer of initial and final backfill soil material at [85]
percent.
3.16
GRADING
A.
General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply
with compaction requirements and grade to cross sections, lines, and elevations indicated.
1.
Provide a smooth transition between adjacent existing grades and new grades.
2.
Cut out soft spots, fill low spots, and trim high spots to comply with required surface
tolerances.
B.
Site Rough Grading: Slope grades to direct water away from buildings and to prevent ponding.
Finish subgrades to required elevations within the following tolerances:
1.
Turf or Unpaved Areas: Plus or minus 1 inch
2.
Walks: Plus or minus 1 inch
3.
Pavements: Plus or minus 1/2 inch
C.
Grading inside Building Lines: Finish subgrade to a tolerance of 1/2 inch (when tested with a
10-foot (3-m) straightedge.
3.17
SUBSURFACE DRAINAGE
A.
Subdrainage Pipe: Specified in Section 334600 "Subdrainage."
B.
Subsurface Drain: Place subsurface drainage geotextile around perimeter of subdrainage trench.
Place a 6-inch (150-mm) course of filter material on subsurface drainage geotextile to support
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subdrainage pipe. Encase subdrainage pipe in a minimum of 12 inches (300 mm) of filter
material, placed in compacted layers 6 inches (150 mm) thick, and wrap in subsurface drainage
geotextile, overlapping sides and ends at least 6 inches (150 mm).
1.
Compact each filter material layer to 85 percent of maximum dry unit weight according
to ASTM D 698 with a minimum of two passes of a plate-type vibratory compactor.
C.
Drainage Backfill: Place and compact filter material over subsurface drain, in width indicated,
to within 12 inches (300 mm) of final subgrade, in compacted layers 6 inches (150 mm) thick.
Overlay drainage backfill with one layer of subsurface drainage geotextile, overlapping sides
and ends at least 6 inches (150 mm).
1.
Compact each filter material layer to 85 percent of maximum dry unit weight according
to ASTM D 698 with a minimum of two passes of a plate-type vibratory compactor.
2.
Place and compact impervious fill over drainage backfill in 6-inch thick compacted layers
to final subgrade.
3.18
SUBBASE AND BASE COURSES UNDER PAVEMENTS AND WALKS
A.
Place subbase course and base course on subgrades free of mud, frost, snow, or ice.
B.
On prepared subgrade, place subbase course and base course under pavements and walks as
follows:
1.
Install separation geotextile on prepared subgrade according to manufacturer's written
instructions, overlapping sides and ends.
2.
Place base course material over subbase course under hot-mix asphalt pavement.
3.
Shape subbase course and base course to required crown elevations and cross-slope
grades.
4.
Place subbase course and base course 6 inches or less in compacted thickness in a single
layer.
5.
Place subbase course and base course that exceeds 6 inches in compacted thickness in
layers of equal thickness, with no compacted layer more than 6 inches thick or less than 3
inches thick.
6.
Compact subbase course and base course at optimum moisture content to required grades,
lines, cross sections, and thickness to not less than [95] percent of maximum dry unit
weight according to [ASTM D 698] [ASTM D 1557].
C.
Pavement Shoulders: Place shoulders along edges of subbase course and base course to prevent
lateral movement. Construct shoulders, at least 12 inches wide, of satisfactory soil materials
and compact simultaneously with each subbase and base layer to not less than 95 percent of
maximum dry unit weight according to [ASTM D 698] [ASTM D 1557].
3.19
DRAINAGE COURSE UNDER CONCRETE SLABS-ON-GRADE
A.
Place drainage course on subgrades free of mud, frost, snow, or ice.
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B.
On prepared subgrade, place and compact drainage course under cast-in-place concrete slabs-
on-grade as follows:
1.
Install subdrainage geotextile on prepared subgrade according to manufacturer's written
instructions, overlapping sides and ends.
2.
Place drainage course 6 inches (150 mm) or less in compacted thickness in a single layer.
3.
Place drainage course that exceeds 6 inches (150 mm) in compacted thickness in layers of
equal thickness, with no compacted layer more than 6 inches (150 mm) thick or less than
3 inches (75 mm) thick.
4.
Compact each layer of drainage course to required cross sections and thicknesses to not
less than 95 percent of maximum dry unit weight according to ASTM D 698.
3.20
FIELD QUALITY CONTROL
A.
Special Inspections: Owner will engage a qualified special inspector to perform the following
special inspections:
1.
Determine prior to placement of fill that site has been prepared in compliance with
requirements.
2.
Determine that fill material and maximum lift thickness comply with requirements.
3.
Determine, at the required frequency, that in-place density of compacted fill complies
with requirements.
B.
Testing Agency: Owner will engage a qualified geotechnical engineering testing agency to
perform tests and inspections.
C.
Allow testing agency to inspect and test subgrades and each fill or backfill layer. Proceed with
subsequent earth moving only after test results for previously completed work comply with
requirements.
D.
Footing Subgrade: At footing subgrades, at least one test of each soil stratum will be performed
to verify design bearing capacities. Subsequent verification and approval of other footing
subgrades may be based on a visual comparison of subgrade with tested subgrade when
approved by Architect.
E.
Testing agency will test compaction of soils in place according to ASTM D 1556,
ASTM D 2167, ASTM D 2922, and ASTM D 2937, as applicable. Tests will be performed at
the following locations and frequencies:
1.
Paved and Building Slab Areas: At subgrade and at each compacted fill and backfill
layer, at least one test for every 2000 sq. ft. or less of paved area or building slab, but in
no case fewer than three tests.
2.
Foundation Wall Backfill: At each compacted backfill layer, at least one test for every
100 feet or less of wall length, but no fewer than two tests.
3.
Trench Backfill: At each compacted initial and final backfill layer, at least one test for
every 150 feet or less of trench length, but no fewer than two tests.
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F.
When testing agency reports that subgrades, fills, or backfills have not achieved degree of
compaction specified, scarify and moisten or aerate, or remove and replace soil materials to
depth required; recompact and retest until specified compaction is obtained.
3.21
PROTECTION
A.
Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep
free of trash and debris.
B.
Repair and reestablish grades to specified tolerances where completed or partially completed
surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent
construction operations or weather conditions.
1.
Scarify or remove and replace soil material to depth as directed by Architect; reshape and
recompact.
C.
Where settling occurs before Project correction period elapses, remove finished surfacing,
backfill with additional soil material, compact, and reconstruct surfacing.
1.
Restore appearance, quality, and condition of finished surfacing to match adjacent work,
and eliminate evidence of restoration to greatest extent possible.
3.22
DISPOSAL OF SURPLUS AND WASTE MATERIALS
A.
Remove surplus satisfactory soil and waste materials, including unsatisfactory soil, trash, and
debris, and legally dispose of them off Owner's property.
B.
Transport surplus satisfactory soil to designated storage areas on Owner's property. Stockpile or
spread soil as directed by Architect.
1.
Remove waste materials, including unsatisfactory soil, trash, and debris, and legally
dispose of them off Owner's property.
END OF SECTION 312000
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SECTION 321313 - CONCRETE PAVING
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section Includes:
1.
Walks.
B.
Related Sections:
1.
Section 033000 "Cast-in-Place Concrete" for general building applications of concrete.
2.
Section 321316 "Decorative Concrete Paving" for color and finished concrete other than
detectable warnings.
3.
Section 321373 "Concrete Paving Joint Sealants" for joint sealants in expansion and
contraction joints within concrete paving and in joints between concrete paving and
asphalt paving or adjacent construction.
1.3
DEFINITIONS
A.
Cementitious Materials: Portland cement alone or in combination with one or more of blended
hydraulic cement, fly ash and other pozzolans, and ground granulated blast-furnace slag.
1.4
ACTION SUBMITTALS
A.
Product Data: For each type of product indicated.
B.
Samples for Verification: For each type of product or exposed finish, prepared as Samples of
size indicated below:
1.
Medium Sandblast Finish: 5’ x 5’ in size of each type of sand blast finish, indicating
materials and methods used to produce the sand blast finishes.
C.
Other Action Submittals:
1.
Design Mixtures: For each concrete paving mixture. Include alternate design mixtures
when characteristics of materials, Project conditions, weather, test results, or other
circumstances warrant adjustments.
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1.5
INFORMATIONAL SUBMITTALS
A.
Qualification Data: For qualified ready-mix concrete manufacturer and testing agency.
B.
Material Certificates: For the following, from manufacturer:
1.
Cementitious materials.
2.
Steel reinforcement and reinforcement accessories.
3.
Fiber reinforcement.
4.
Admixtures.
5.
Curing compounds.
6.
Applied finish materials.
7.
Bonding agent or epoxy adhesive.
8.
Joint fillers.
C.
Material Test Reports: For each of the following:
1.
Aggregates. Include service-record data indicating absence of deleterious expansion of
concrete due to alkali-aggregate reactivity.
D.
Field quality-control reports.
1.6
QUALITY ASSURANCE
A.
Detectable Warning Installer Qualifications: An employer of workers trained and approved by
manufacturer of stamped concrete paving systems.
B.
Ready-Mix-Concrete 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" (Quality Control Manual - Section 3, "Plant Certification
Checklist").
C.
Testing Agency Qualifications: 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.
D.
Concrete Testing Service: Engage a qualified testing agency to perform material evaluation
tests and to design concrete mixtures.
E.
ACI Publications: Comply with ACI 301 (ACI 301M) unless otherwise indicated.
F.
Mockups: Build mockups to verify selections made under sample submittals and to
demonstrate aesthetic effects and set quality standards for materials and execution.
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1.
Build mockups of full-thickness sections of concrete paving to demonstrate typical joints;
surface finish, texture, and color; curing; and standard of workmanship.
2.
Build mockups of concrete paving in the location and of the size indicated or, if not
indicated, build mockups where directed by Architect and not less than 96 inches (2400
mm) by 96 inches (2400 mm).
3.
Approval of mockups does not constitute approval of deviations from the Contract
Documents contained in mockups unless Architect specifically approves such deviations
in writing.
4.
Approved mockups may become part of the completed Work if undisturbed at time of
Substantial Completion.
G.
Preinstallation Conference: Conduct conference at Project Site.
1.
Review methods and procedures related to concrete paving, including but not limited to,
the following:
a.
Concrete mixture design.
b.
Quality control of concrete materials and concrete paving construction practices.
2.
Require representatives of each entity directly concerned with concrete paving 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 paving subcontractor.
1.7
PROJECT CONDITIONS
A.
Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other
construction activities.
PART 2 - PRODUCTS
2.1
FORMS
A.
Form Materials: Plywood, metal, metal-framed plywood, or other approved panel-type
materials to provide full-depth, continuous, straight, and smooth exposed surfaces.
1.
Use flexible or uniformly curved forms for curves with a radius of 100 feet (30.5 m) or
less. Do not use notched and bent forms.
B.
Form-Release Agent: Commercially formulated form-release agent that will not bond with,
stain, or adversely affect concrete surfaces and that will not impair subsequent treatments of
concrete surfaces.
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2.2
STEEL REINFORCEMENT
A.
Plain-Steel Welded Wire Reinforcement: ASTM A 185/A 185M, fabricated from galvanized-
steel wire into flat sheets.
B.
Epoxy-Coated Welded Wire Reinforcement: ASTM A 884/A 884M, Class A, plain steel.
C.
Reinforcing Bars: ASTM A 615/A 615M, Grade 60 (Grade 420); deformed.
D.
Galvanized Reinforcing Bars: ASTM A 767/A 767M, Class II zinc coated, hot-dip galvanized
after fabrication and bending; with ASTM A 615/A 615M, Grade 60 (Grade 420) deformed
bars.
E.
Epoxy-Coated Reinforcing Bars: ASTM A 775/A 775M or ASTM A 934/A 934M; with
ASTM A 615/A 615M, Grade 60 (Grade 420) deformed bars.
F.
Plain-Steel Wire: ASTM A 82/A 82M, galvanized.
G.
Epoxy-Coated-Steel Wire: ASTM A 884/A 884M, Class A coated, plain.
H.
Joint Dowel Bars: ASTM A 615/A 615M, Grade 60 (Grade 420) plain-steel bars[; zinc coated
(galvanized) after fabrication according to ASTM A 767/A 767M, Class I coating]. Cut bars
true to length with ends square and free of burrs.
I.
Epoxy-Coated, Joint Dowel Bars: ASTM A 775/A 775M; with ASTM A 615/A 615M,
Grade 60 (Grade 420), plain-steel bars.
J.
Tie Bars: ASTM A 615/A 615M, Grade 60 (Grade 420), deformed.
K.
Bar Supports: Bolsters, chairs, spacers, and other devices for spacing, supporting, and fastening
reinforcing bars, welded wire reinforcement, and dowels in place. Manufacture bar supports
according to CRSI's "Manual of Standard Practice" from steel wire, plastic, or precast concrete
of greater compressive strength than concrete specified, and as follows:
1.
Equip wire bar supports with sand plates or horizontal runners where base material will
not support chair legs.
2.
For epoxy-coated reinforcement, use epoxy-coated or other dielectric-polymer-coated
wire bar supports.
L.
Epoxy Repair Coating: Liquid, two-part, epoxy repair coating, compatible with epoxy coating
on reinforcement.
M.
Zinc Repair Material: ASTM A 780.
2.3
CONCRETE MATERIALS
A.
Cementitious Material: Use the following cementitious materials, of same type, brand, and
source throughout Project:
1.
Portland Cement: ASTM C 150, Type II Supplement with the following:
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a.
Fly Ash: ASTM C 618,
b.
Ground Granulated Blast-Furnace Slag: ASTM C 989, Grade 100 or 120.
B.
Silica Fume: ASTM C 1240, amorphous silica.
C.
Normal-Weight Aggregates: ASTM C 33, coarse aggregate or better, graded. Provide
aggregates from a single source[ with documented service record data of at least 10 years'
satisfactory service in similar applications and service conditions using similar aggregates and
cementitious materials].
1.
Maximum Coarse-Aggregate Size: 3/4 inch (19 mm) nominal.
D.
Lightweight Aggregate: ASTM C 330, 3/8-inch (10-mm) nominal maximum aggregate size.
E.
Water: ASTM C 94/C 94M and potable.
F.
Color Pigment: See Decorative Concrete Spec Section
2.4
FIBER REINFORCEMENT
A.
Synthetic Fiber: Monofilament polypropylene fibers engineered and designed for use in
concrete paving, complying with ASTM C 1116/C 1116M, Type III, 1/2 to 1-1/2 inches (13 to
38 mm) long.
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.
Monofilament Fibers:
1)
Axim Italcementi Group, Inc.; FIBRASOL II P.
2)
Euclid Chemical Company (The), an RPM company; Fiberstrand 100,
Fiberstrand 150.
3)
Grace, W. R. & Co. - Conn.; Grace MicroFiber.
4)
Metalcrete Industries; Polystrand 1000.
5)
QC Construction Products; QC FIBERS.
2.5
CURING MATERIALS
A.
Evaporation Retarder: ASTM C309 Type 2 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).
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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.
B.
Absorptive Cover: AASHTO M 182, Class 2, burlap cloth made from jute or kenaf, weighing
approximately 9 oz./sq. yd. (305 g/sq. m) when dry.
C.
Moisture-Retaining Cover: ASTM C 171, polyethylene film or white burlap-polyethylene
sheet.
D.
Water: Potable.
2.6
RELATED MATERIALS
A.
Expansion- and Isolation-Joint-Filler Strips: ASTM D 1751, asphalt-saturated cellulosic fiber
B.
Slip-Resistive Aggregate Finish: Factory-graded, packaged, rustproof, nonglazing, abrasive
aggregate of fused aluminum-oxide granules or crushed emery aggregate containing not less
than 50 percent aluminum oxide and not less than 20 percent ferric oxide; unaffected by
freezing, moisture, and cleaning materials.
C.
Bonding Agent: ASTM C 1059, Type II, non-redispersible, acrylic emulsion or styrene
butadiene.
D.
Epoxy Bonding Adhesive: ASTM C 881/C 881M, two-component epoxy resin capable of
humid curing and bonding to damp surfaces; of class suitable for application temperature, of
grade complying with requirements, and of the following types:
1.
Types I and II, non-load bearing Types IV and V, load bearing, for bonding hardened or
freshly mixed concrete to hardened concrete.
2.7
CONCRETE MIXTURES
A.
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.
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1.
Use a qualified independent testing agency for preparing and reporting proposed mixture
designs based on laboratory trial mixtures.
B.
Cementitious Materials: Limit percentage, by weight, of cementitious materials other than
portland cement in concrete as follows:
1.
Fly Ash: 25 percent.
2.
Combined Fly Ash and Pozzolan: 25 percent.
3.
Ground Granulated Blast-Furnace Slag: 50 percent.
4.
Combined Fly Ash or Pozzolan and Ground Granulated Blast-Furnace Slag: 50 percent
portland cement minimum, with fly ash or pozzolan not exceeding 25 percent.
5.
Silica Fume: 10 percent.
6.
Combined Fly Ash, Pozzolans, and Silica Fume: 35 percent with fly ash or pozzolans not
exceeding 25 percent and silica fume not exceeding 10 percent.
7.
Combined Fly Ash or Pozzolans, Ground Granulated Blast-Furnace Slag, and Silica
Fume: 50 percent with fly ash or pozzolans not exceeding 25 percent and silica fume not
exceeding 10 percent.
C.
Limit water-soluble, chloride-ion content in hardened concrete to [0.06] [0.15] [0.30] [1.00]
percent by weight of cement.
D.
Admixtures: Use admixtures according to manufacturer's written instructions.
1.
Use water-reducing 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.
2.8
CONCRETE MIXING
A.
Ready-Mixed Concrete: Measure, batch, and mix concrete materials and concrete according to
ASTM C 94/C 94M[ and ASTM C 1116/C 1116M]. Furnish batch certificates for each batch
discharged and used in the Work.
1.
When air temperature is between 85 and 90 deg F (30 and 32 deg C), reduce mixing and
delivery time from 1-1/2 hours to 75 minutes; when air temperature is above 90 deg F (32
deg C), reduce mixing and delivery time to 60 minutes.
B.
Project-Site Mixing: Measure, batch, and mix concrete materials and concrete according to
ASTM C 94/C 94M. Mix concrete materials in appropriate drum-type batch machine mixer.
1.
For concrete batches of 1 cu. yd. (0.76 cu. m) or smaller, continue mixing at least 1-1/2
minutes, but not more than 5 minutes after ingredients are in mixer, before any part of
batch is released.
2.
For concrete batches larger than 1 cu. yd. (0.76 cu. m), increase mixing time by 15
seconds for each additional 1 cu. yd. (0.76 cu. m).
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3.
Provide batch ticket for each batch discharged and used in the Work, indicating Project
identification name and number, date, mixture type, mixing time, quantity, and amount of
water added.
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Examine exposed subgrades and subbase surfaces for compliance with requirements for
dimensional, grading, and elevation tolerances.
B.
Proof-roll prepared subbase surface below concrete paving to identify soft pockets and areas of
excess yielding.
1.
Completely proof-roll subbase in one direction and repeat in perpendicular direction.
Limit vehicle speed to 3 mph (5 km/h).
2.
Proof-roll with a pneumatic-tired and loaded, 10-wheel, tandem-axle dump truck
weighing not less than 15 tons (13.6 tonnes).
3.
Correct subbase with soft spots and areas of pumping or rutting exceeding depth of 1/2
inch (13 mm) according to requirements in Section 312000 "Earth Moving."
C.
Proceed with installation only after unsatisfactory conditions have been corrected.
3.2
PREPARATION
A.
Remove loose material from compacted subbase surface immediately before placing concrete.
3.3
EDGE FORMS AND SCREED CONSTRUCTION
A.
Set, brace, and secure edge forms, bulkheads, and intermediate screed guides to required lines,
grades, and elevations. Install forms to allow continuous progress of work and so forms can
remain in place at least 24 hours after concrete placement.
B.
Clean forms after each use and coat with form-release agent to ensure separation from concrete
without damage.
3.4
STEEL REINFORCEMENT
A.
General: Comply with CRSI's "Manual of Standard Practice" for fabricating, placing, and
supporting reinforcement.
B.
Clean reinforcement of loose rust and mill scale, earth, ice, or other bond-reducing materials.
C.
Arrange, space, and securely tie bars and bar supports to hold reinforcement in position during
concrete placement. Maintain minimum cover to reinforcement.
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D.
Install welded wire reinforcement in lengths as long as practicable. Lap adjoining pieces at
least one full mesh, and lace splices with wire. Offset laps of adjoining widths to prevent
continuous laps in either direction.
E.
Zinc-Coated Reinforcement: Use galvanized-steel wire ties to fasten zinc-coated reinforcement.
Repair cut and damaged zinc coatings with zinc repair material.
F.
Epoxy-Coated Reinforcement: Use epoxy-coated steel wire ties to fasten epoxy-coated
reinforcement. Repair cut and damaged epoxy coatings with epoxy repair coating according to
ASTM D 3963/D 3963M.
G.
Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and
free of distortions. Straighten bends, kinks, and other irregularities, or replace units as required
before placement. Set mats for a minimum 2-inch (50-mm) overlap of adjacent mats.
3.5
JOINTS
A.
General: Construct joints true to line with faces perpendicular to surface plane of concrete.
B.
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 (38 mm) into concrete.
3.
Locate joints for beams, slabs, joists, and girders in the middle third of spans. Offset
joints in girders a minimum distance of twice the beam width from a beam-girder
intersection.
4.
Locate horizontal joints in walls and columns at underside of floors, slabs, beams, and
girders and at the top of footings or floor slabs.
5.
Space vertical joints in walls as indicated. Locate joints beside piers integral with walls,
near corners, and in concealed locations where possible.
6.
Use a bonding agent at locations where fresh concrete is placed against hardened or
partially hardened concrete surfaces.
7.
Use epoxy-bonding adhesive at locations where fresh concrete is placed against hardened
or partially hardened concrete surfaces.
C.
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:
1.
Sawed Joints: Form contraction joints with power saws equipped with shatterproof
abrasive or diamond-rimmed blades. Cut 1/8-inch- (3.2-mm-) wide joints into concrete
when cutting action will not tear, abrade, or otherwise damage surface and before
concrete develops random contraction cracks.
D.
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.
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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 (13 mm) or more than 1 inch
(25 mm) below finished concrete surface where joint sealants, specified in
Section 079200 "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.
E.
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.
F.
Edging: After initial floating, tool edges of paving, gutters, curbs, and joints in concrete with an
edging tool to a 1/4-inch (6-mm) radius. Repeat tooling of edges after applying surface
finishes. Eliminate edging-tool marks on concrete surfaces.
3.6
CONCRETE PLACEMENT
A.
Before placing concrete, verify that installation of formwork, reinforcement, and embedded
items is complete and that required inspections have been performed.
B.
Do not add water to concrete during delivery, at Project site, or during placement unless
approved by Architect.
C.
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.
D.
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 (150 mm) 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.
E.
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.
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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.
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.
F.
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.
G.
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
FLOAT FINISHING
A.
General: Do not add water to concrete surfaces during finishing operations.
B.
Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and
concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven
floats or by hand floating if area is small or inaccessible to power units. Finish surfaces to true
planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform
granular texture.
1.
Medium-to-Fine-Textured Broom Finish: Draw a soft-bristle broom across float-finished
concrete surface perpendicular to line of traffic to provide a uniform, fine-line texture.
3.8
SPECIAL FINISHES
A.
Sand Blast Finish:
1.
Apply sandblast finish to exposed concrete surfaces as indicated by Architect.
2.
Perform sand blasting at least 72 hours after placement of concrete. Coordinate with
formwork construction, concrete placement schedule, and formwork removal to ensure
that surfaces to be blast finished are blasted at the same age for uniform results.
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3.
Determine type of nozzle, nozzle pressure, and blasting techniques required to match the
Engineer's control samples.
4.
Abrasive blast corners and edge of patterns carefully, using back-up boards, to maintain
uniform corner or edge line.
3.9
CONCRETE PROTECTION AND CURING
A.
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.
B.
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 (1 kg/sq. m 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.
C.
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.
D.
Unformed Surfaces: Begin curing immediately after finishing concrete. Cure unformed
surfaces, including floors and slabs, concrete floor toppings, and other surfaces.
E.
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 (300-mm) 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 (300 mm), 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.
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3.
Curing Compound: Apply uniformly in 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. Maintain continuity of coating and repair
damage during curing period.
a.
Removal: After curing period has elapsed, remove curing compound without
damaging concrete surfaces by method recommended by curing compound
manufacturer.
3.10
PAVING TOLERANCES
A.
Comply with tolerances in ACI 117 and as follows:
1.
Elevation: 3/4 inch (19 mm).
2.
Thickness: Plus 3/8 inch (10 mm), minus 1/4 inch (6 mm).
3.
Surface: Gap below 10-foot- (3-m-) long, unleveled straightedge not to exceed 1/2 inch
(13 mm).
4.
Alignment of Tie-Bar End Relative to Line Perpendicular to Paving Edge: 1/2 inch per
12 inches (13 mm per 300 mm) of tie bar.
5.
Lateral Alignment and Spacing of Dowels: 1 inch (25 mm).
6.
Vertical Alignment of Dowels: 1/4 inch (6 mm).
7.
Alignment of Dowel-Bar End Relative to Line Perpendicular to Paving Edge: 1/4 inch
per 12 inches (6 mm per 300 mm) of dowel.
8.
Joint Spacing: 3 inches (75 mm).
9.
Contraction Joint Depth: Plus 1/4 inch (6 mm), no minus.
10.
Joint Width: Plus 1/8 inch (3 mm), no minus.
3.11
FIELD QUALITY CONTROL
A.
Testing and Inspecting: Engage a qualified testing and inspecting agency to perform tests and
inspections and to submit reports.
B.
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.
C.
Concrete Tests: Testing of composite samples of fresh concrete obtained according to
ASTM C 172 shall be performed according to the following requirements:
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1.
Testing Frequency: Obtain one composite sample for each day's pour of each concrete
mixture exceeding 5 cu. yd. (4 cu. m), but less than 25 cu. yd. (19 cu. m), plus one set for
each additional 50 cu. yd. (38 cu. m) or fraction thereof.
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.
2.
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.
3.
Air Content: ASTM C 231, pressure method, for normal-weight concrete;
ASTM C 173/C 173M, volumetric method, for structural lightweight concrete; one test
for each composite sample, but not less than one test for each day's pour of each concrete
mixture.
4.
Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is
40 deg F (4.4 deg C) and below and when 80 deg F (27 deg C) and above, and one test
for each composite sample.
5.
Compression Test Specimens: ASTM C 31/C 31M.
a.
Cast and laboratory cure two sets of two standard cylinder specimens for each
composite sample.
b.
Cast and field cure [two] sets of two standard cylinder specimens for each
composite sample.
6.
Compressive-Strength Tests: ASTM C 39/C 39M; test one set of two laboratory-cured
specimens at 7 days and one set of two specimens at 28 days.
a.
Test one set of two field-cured specimens at 7 days and one set of two specimens
at 28 days.
b.
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.
7.
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.
8.
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).
9.
Test results shall be reported in writing to Architect, 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.
10.
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.
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11.
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.
12.
Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
13.
Correct deficiencies in the Work that test reports and inspections indicate do not comply
with the Contract Documents.
3.12
REPAIRS AND PROTECTION
A.
Remove and replace concrete paving that is broken, damaged, or defective or that does not
comply with requirements in this Section. Remove work in complete sections from joint to
joint unless otherwise approved by Architect.
B.
Drill test cores, where directed by Architect, when necessary to determine magnitude of cracks
or defective areas. Fill drilled core holes in satisfactory paving areas with portland cement
concrete bonded to paving with epoxy adhesive.
C.
Protect concrete paving from damage. Exclude traffic from paving for at least 14 days after
placement. When construction traffic is permitted, maintain paving as clean as possible by
removing surface stains and spillage of materials as they occur.
D.
Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep
paving not more than two days before date scheduled for Substantial Completion inspections.
END OF SECTION 321313
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SECTION 321316 - DECORATIVE CONCRETE PAVING
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section includes colored and specialty finish concrete paving.
B.
Related Sections:
1.
Section 033000 "Cast-in-Place Concrete" for general building applications of concrete.
2.
Section 321373 "Concrete Paving Joint Sealants" for joint sealants in expansion and
contraction joints within decorative concrete paving and in joints between decorative
concrete paving and asphalt paving or adjacent construction.
1.3
DEFINITIONS
A.
Cementitious Materials: Portland cement alone or in combination with one or more of blended
hydraulic cement, fly ash and other pozzolans, and ground granulated blast-furnace slag.
1.4
ACTION SUBMITTALS
A.
Samples for Verification: For each type of exposed color, pattern, or texture indicated.
B.
Other Action Submittals:
1.
Design Mixtures: For each decorative concrete paving mixture. Include alternate design
mixtures when characteristics of materials, Project conditions, weather, test results, or
other circumstances warrant adjustments.
2.
Medium Sandblast Finish: 5’ x 5’ in size of each type of sand blast finish, indicating
materials and methods used to produce the sand blast finishes.
1.5
INFORMATIONAL SUBMITTALS
A.
Qualification Data: For qualified Installer, ready-mix concrete manufacturer and testing
agency.
B.
Material Certificates: For the following, from manufacturer:
1.
Color Pigment Admixtures.
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2.
Applied finish materials.
1.6
QUALITY ASSURANCE
A.
Installer Qualifications: An employer of workers trained and approved by manufacturer of
decorative concrete paving systems.
B.
Ready-Mix-Concrete 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" (Quality Control Manual - Section 3, "Plant Certification
Checklist").
C.
Testing Agency Qualifications: 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.
D.
Source Limitations: Obtain decorative concrete paving products and each type or class of
cementitious material of the same brand from same manufacturer's plant, and obtain each
aggregate from single source.
E.
Concrete Testing Service: Engage a qualified testing agency to perform material evaluation
tests and to design concrete mixtures.
F.
ACI Publications: Comply with ACI 301 (ACI 301M)unless otherwise indicated.
G.
Mockups: Build mockups to verify selections made under sample submittals and to
demonstrate aesthetic effects and set quality standards for materials and execution.
1.
Build mockups of full-thickness sections of decorative concrete paving to demonstrate
typical joints; surface color, pattern, and texture; curing; and standard of workmanship.
2.
Build mockups of decorative concrete paving in the location and of the size indicated or,
if not indicated, build mockups where directed by Landscape Architect and not less than
96 inches (2400 mm) by 96 inches (2400 mm).
3.
Approval of mockups does not constitute approval of deviations from the Contract
Documents contained in mockups unless Landscape Architect specifically approves such
deviations in writing.
4.
Approved mockups may become part of the completed Work if undisturbed at time of
Substantial Completion.
H.
Preinstallation Conference: Conduct conference at Project site.
1.
Review methods and procedures related to decorative concrete paving, including but not
limited to, the following:
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a.
Concrete mixture design.
b.
Quality control of concrete materials and decorative concrete paving construction
practices.
2.
Require representatives of each entity directly concerned with decorative concrete paving
to attend, including the following:
a.
Contractor's superintendent.
b.
Independent testing agency responsible for concrete design mixtures.
c.
Ready-mix concrete manufacturer.
d.
Decorative concrete paving Installer.
e.
Manufacturer's representative of decorative concrete paving system.
1.7
PROJECT CONDITIONS
A.
Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other
construction activities.
PART 2 - PRODUCTS
2.1
CONCRETE MATERIALS
A.
Color Pigment: ASTM C 979, synthetic mineral-oxide pigments or colored water-reducing
admixtures; color stable, nonfading, and resistant to lime and other alkalis.
1.
Manufacturers: Subject to compliance with requirements, provide products by one of the
following:
a.
Davis Colors. Omaha Tan #5084
2.2
CURING AND SEALING MATERIALS
A.
Curing Paper: Nonstaining, waterproof paper, consisting of two layers of kraft paper cemented
together and reinforced with fiber, and complying with ASTM C 171.
B.
Evaporation Retarder: Waterborne, monomolecular, film forming, manufactured for application
to fresh concrete.
C.
Waterborne, Membrane-Forming Curing Compound: ASTM C 309, Type I, Class B,
manufactured for colored concrete.
1.
For integrally colored concrete, curing compound shall be pigmented type approved by
coloring admixture manufacturer.
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2.3
CONCRETE MIXTURES
A.
Color Pigment: Add color pigment to concrete mixture according to manufacturer's written
instructions and to result in hardened concrete color consistent with approved mockup.
PART 3 - EXECUTION
3.1
FLOAT FINISHING
A.
General: Do not add water to concrete surfaces during finishing operations.
B.
Float Finish: Begin the second floating operation when bleed-water sheen has disappeared and
concrete surface has stiffened sufficiently to permit operations. Float surface with power-driven
floats or by hand floating if area is small or inaccessible to power units. Finish surfaces to true
planes. Cut down high spots and fill low spots. Refloat surface immediately to uniform
granular texture.
1.
Medium-to-Fine-Textured Broom Finish: Draw a soft-bristle broom across float-finished
concrete surface perpendicular to line of traffic to provide a uniform, fine-line texture.
3.2
SPECIALTY CONCRETE FINISHES
A.
Sand Blast
1.
Apply sandblast finish to exposed concrete surfaces as indicated by Architect.
2.
Perform sand blasting at least 72 hours after placement of concrete. Coordinate with
formwork construction, concrete placement schedule, and formwork removal to ensure
that surfaces to be blast finished are blasted at the same age for uniform results.
3.
Determine type of nozzle, nozzle pressure, and blasting techniques required to match the
Engineer's control samples.
4.
Abrasive blast corners and edge of patterns carefully, using back-up boards, to maintain
uniform corner or edge line.
3.3
CONCRETE PROTECTION AND CURING
A.
General: Protect freshly placed concrete from premature drying and excessive cold or hot
temperatures.
B.
Comply with ACI 306.1 for cold-weather protection.
C.
Evaporation Retarder: Apply evaporation retarder to concrete surfaces if hot, dry, or windy
conditions cause moisture loss approaching 0.2 lb/sq. ft. x h (1 kg/sq. m 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.
D.
Begin curing after finishing concrete but not before free water has disappeared from concrete
surface.
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E.
Curing Compound: Apply curing compound immediately after final finishing. Apply
uniformly in continuous operation by power spray or roller according to manufacturer's written
instructions. Recoat areas that have been subjected to heavy rainfall within three hours after
application. Maintain continuity of coating, and repair damage during curing period.
1.
Cure integrally colored concrete with a pigmented curing compound.
F.
Curing and Sealing Compound: Apply uniformly in 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.
3.4
PAVING TOLERANCES
A.
Comply with tolerances in ACI 117 and as follows:
1.
Elevation: 3/4 inch (19 mm).
2.
Thickness: Plus 3/8 inch (10 mm), minus 1/4 inch (6 mm).
3.
Surface: Gap below 10-foot- (3-m-) long, unleveled straightedge not to exceed 1/2 inch
(13 mm).
4.
Lateral Alignment and Spacing of Dowels: 1 inch (25 mm).
5.
Vertical Alignment of Dowels: 1/4 inch (6 mm).
6.
Alignment of Dowel-Bar End Relative to Line Perpendicular to Paving Edge: 1/4 inch
per 12 inches (6 mm per 300 mm) of dowel.
7.
Joint Spacing: 3 inches (75 mm).
8.
Contraction Joint Depth: Plus 1/4 inch (6 mm), no minus.
9.
Joint Width: Plus 1/8 inch (3 mm), no minus.
3.5
FIELD QUALITY CONTROL
A.
Testing Agency: Engage a qualified testing agency to perform tests and inspections.
B.
Testing Services: Testing of composite samples of fresh concrete obtained according to
ASTM C 172 shall be performed according to the following requirements:
1.
Testing Frequency: Obtain at least one composite sample for each 1,000 sq. ft. 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.
2.
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.
3.
Air Content: ASTM C 231, pressure method; one test for each composite sample, but not
less than one test for each day's pour of each concrete mixture.
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4.
Concrete Temperature: ASTM C 1064/C 1064M; one test hourly when air temperature is
40 deg F (4.4 deg C) and below and when it is 80 deg F (27 deg C) and above, and one
test for each composite sample.
5.
Compression Test Specimens: ASTM C 31/C 31M; cast and laboratory cure one set of
three standard cylinder specimens for each composite sample.
6.
Compressive-Strength Tests: ASTM C 39/C 39M; test one specimen at seven days and
two specimens at 28 days.
a.
A compressive-strength test shall be the average compressive strength from two
specimens obtained from same composite sample and tested at 28 days.
C.
Strength of each concrete mixture will be satisfactory if 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).
D.
Test results shall be reported in writing to Architect, 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.
E.
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.
F.
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.
G.
Decorative concrete paving will be considered defective if it does not pass tests and inspections.
H.
Additional testing and inspecting, at Contractor's expense, will be performed to determine
compliance of replaced or additional work with specified requirements.
I.
Prepare test and inspection reports.
3.6
REPAIRS AND PROTECTION
A.
Remove and replace decorative concrete paving that is broken or damaged or does not comply
with requirements in this Section. Remove work in complete sections from joint to joint unless
otherwise approved by Architect.
B.
Detailing: Grind concrete "squeeze" left from tool placement. Color ground areas with slurry
of color hardener mixed with water and bonding agent. Remove excess release agent with high-
velocity blower.
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C.
Protect decorative concrete paving from damage. Exclude traffic from paving for at least 14
days after placement. When construction traffic is permitted, maintain paving as clean as
possible by removing surface stains and spillage of materials as they occur.
D.
Maintain decorative concrete paving free of stains, discoloration, dirt, and other foreign
material. Sweep paving not more than two days before date scheduled for Substantial
Completion inspections.
END OF SECTION 321316
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SECTION 321373 - CONCRETE PAVING JOINT SEALANTS
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
Section Includes:
1.
Cold-applied joint sealants.
2.
Hot-applied joint sealants.
B.
Related Sections:
1.
Section 033000 "Cast-in-Place Concrete" for constructing joints in concrete pavement.
1.3
PRECONSTRUCTION TESTING
A.
Preconstruction Compatibility and Adhesion Testing: Submit to joint-sealant manufacturers,
for testing indicated below, Samples of materials that will contact or affect joint sealants.
1.
Use manufacturer's standard test method to determine whether priming and other specific
joint-preparation techniques are required to obtain rapid, optimum adhesion of joint
sealants to joint substrates.
2.
Submit no fewer than eight pieces of each type of material, including joint substrates,
shims, joint-sealant backings, secondary seals, and miscellaneous materials.
3.
Schedule sufficient time for testing and analyzing results to prevent delaying the Work.
4.
For materials failing tests, obtain joint-sealant manufacturer's written instructions for
corrective measures including use of specially formulated primers.
5.
Testing will not be required if joint-sealant manufacturers submit joint-preparation data
that are based on previous testing, not older than 24 months, of sealant products for
compatibility with and adhesion to joint substrates and other materials matching those
submitted.
1.4
ACTION SUBMITTALS
A.
Product Data: For each joint-sealant product indicated.
B.
Pavement-Joint-Sealant Schedule: Include the following information:
1.
Joint-sealant application, joint location, and designation.
2.
Joint-sealant manufacturer and product name.
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3.
Joint-sealant formulation.
4.
Joint-sealant color.
1.5
INFORMATIONAL SUBMITTALS
A.
Qualification Data: For qualified Installer and testing agency.
B.
Product Certificates: For each type of joint sealant and accessory, from manufacturer.
C.
Product Test Reports: Based on evaluation of comprehensive tests performed by a qualified
testing agency, for joint sealants.
D.
Preconstruction Compatibility and Adhesion Test Reports: From joint-sealant manufacturer,
indicating the following:
1.
Materials forming joint substrates and joint-sealant backings have been tested for
compatibility with and adhesion to joint sealants.
2.
Interpretation of test results and written recommendations for primers and substrate
preparation needed for adhesion.
1.6
QUALITY ASSURANCE
A.
Installer Qualifications: Manufacturer's authorized representative who is trained and approved
for installation of units required for this Project.
B.
Source Limitations: Obtain each type of joint sealant from single source from single
manufacturer.
C.
Product Testing: Test joint sealants using a qualified testing agency.
1.
Testing Agency Qualifications: An independent testing agency qualified according to
ASTM C 1021 to conduct the testing indicated.
1.7
PROJECT CONDITIONS
A.
Do not proceed with installation of joint sealants under the following conditions:
1.
When ambient and substrate temperature conditions are outside limits permitted by joint-
sealant manufacturer
2.
When joint substrates are wet.
3.
Where joint widths are less than those allowed by joint-sealant manufacturer for
applications indicated.
4.
Where contaminants capable of interfering with adhesion have not yet been removed
from joint substrates.
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PART 2 - PRODUCTS
2.1
MATERIALS
A.
Compatibility: Provide joint sealants, backing materials, and other related materials that are
compatible with one another and with joint substrates under conditions of service and
application, as demonstrated by joint-sealant manufacturer based on testing and field
experience.
2.2
COLD-APPLIED JOINT SEALANTS
A.
Single-Component, Nonsag, Silicone Joint Sealant for Concrete: ASTM D 5893, Type NS.
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.
Crafco Inc., an ERGON company; RoadSaver Silicone.
b.
Dow Corning Corporation; 888.
c.
Pecora Corporation; 301 NS.
B.
Single-Component, Self-Leveling, Silicone Joint Sealant for Concrete: ASTM D 5893,
Type SL.
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.
Crafco Inc., an ERGON company; RoadSaver Silicone SL.
b.
Dow Corning Corporation; 890-SL.
c.
Pecora Corporation; 300 SL.
C.
Multicomponent, Pourable, Traffic-Grade, Urethane Joint Sealant for Concrete: ASTM C 920,
Type M, Grade P, Class 25, for Use T.
1.
Products: Subject to compliance with requirements, products that may be incorporated
into the Work include, but are not limited to, the following:
a.
Pecora Corporation; Urexpan NR-200.
2.3
HOT-APPLIED JOINT SEALANTS
A.
Hot-Applied, Single-Component Joint Sealant for Concrete: ASTM D 3406.
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.
Crafco Inc., an ERGON company; Superseal 444/777.
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B.
Hot-Applied, Single-Component Joint Sealant for Concrete and Asphalt: ASTM D 6690,
Types I, II, and III.
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.
Meadows, W. R., Inc.; [Sealtight Hi-Spec] [Sealtight 3405].
b.
Right Pointe; D-3405 Hot Applied Sealant.
2.4
JOINT-SEALANT BACKER MATERIALS
A.
General: Provide joint-sealant backer materials that are nonstaining; are compatible with joint
substrates, sealants, primers, and other joint fillers; and are approved for applications indicated
by joint-sealant manufacturer based on field experience and laboratory testing.
B.
Backer Strips for Cold- and Hot-Applied Joint Sealants: ASTM D 5249; Type 2; of thickness
and width required to control joint-sealant depth, prevent bottom-side adhesion of sealant, and
fill remainder of joint opening under sealant.
2.5
PRIMERS
A.
Primers: Product recommended by joint-sealant manufacturer where required for adhesion of
sealant to joint substrates indicated, as determined from preconstruction joint-sealant-substrate
tests and field tests.
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Examine joints indicated to receive joint sealants, with Installer present, for compliance with
requirements for joint configuration, installation tolerances, and other conditions affecting joint-
sealant performance.
B.
Proceed with installation only after unsatisfactory conditions have been corrected.
3.2
PREPARATION
A.
Surface Cleaning of Joints: Clean out joints immediately before installing joint sealants to
comply with joint-sealant manufacturer's written instructions.
B.
Joint Priming: Prime joint substrates where indicated or where recommended in writing by
joint-sealant manufacturer, based on preconstruction joint-sealant-substrate tests or prior
experience. Apply primer to comply with joint-sealant manufacturer's written instructions.
Confine primers to areas of joint-sealant bond; do not allow spillage or migration onto adjoining
surfaces.
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3.3
INSTALLATION OF JOINT SEALANTS
A.
General: Comply with joint-sealant manufacturer's written installation instructions for products
and applications indicated unless more stringent requirements apply.
B.
Joint-Sealant Installation Standard: Comply with recommendations in ASTM C 1193 for use of
joint sealants as applicable to materials, applications, and conditions indicated.
C.
Install joint-sealant backings of kind indicated to support joint sealants during application and at
position required to produce cross-sectional shapes and depths of installed sealants relative to
joint widths that allow optimum sealant movement capability.
1.
Do not leave gaps between ends of joint-sealant backings.
2.
Do not stretch, twist, puncture, or tear joint-sealant backings.
3.
Remove absorbent joint-sealant backings that have become wet before sealant application
and replace them with dry materials.
D.
Install joint sealants using proven techniques that comply with the following and at the same
time backings are installed:
1.
Place joint sealants so they directly contact and fully wet joint substrates.
2.
Completely fill recesses in each joint configuration.
3.
Produce uniform, cross-sectional shapes and depths relative to joint widths that allow
optimum sealant movement capability.
E.
Tooling of Nonsag Joint Sealants: Immediately after joint-sealant application and before
skinning or curing begins, tool sealants according to the following requirements to form
smooth, uniform beads of configuration indicated; to eliminate air pockets; and to ensure
contact and adhesion of sealant with sides of joint:
1.
Remove excess joint sealant from surfaces adjacent to joints.
2.
Use tooling agents that are approved in writing by joint-sealant manufacturer and that do
not discolor sealants or adjacent surfaces.
F.
Provide joint configuration to comply with joint-sealant manufacturer's written instructions
unless otherwise indicated.
3.4
CLEANING
A.
Clean off excess joint sealant or sealant smears adjacent to joints as the Work progresses, by
methods and with cleaning materials approved in writing by manufacturers of joint sealants and
of products in which joints occur.
3.5
PROTECTION
A.
Protect joint sealants, during and after curing period, from contact with contaminating
substances and from damage resulting from construction operations or other causes so sealants
are without deterioration or damage at time of Substantial Completion. If, despite such
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protection, damage or deterioration occurs, cut out and remove damaged or deteriorated joint
sealants immediately and replace with joint sealant so installations in repaired areas are
indistinguishable from the original work.
3.6
PAVEMENT-JOINT-SEALANT SCHEDULE
A.
Joint-Sealant Application: Joints within cement concrete pavement
1.
Joint Location:
a.
Expansion and isolation joints in cast-in-place concrete pavement.
b.
Contraction joints in cast-in-place concrete slabs.
c.
Other joints as indicated.
2.
Silicone Joint Sealant for Concrete: Single component, nonsag Single component, self-
leveling
3.
Urethane Joint Sealant for Concrete: Multicomponent, pourable, traffic-grade
4.
Hot-Applied Joint Sealant for Concrete: Single component
B.
Joint-Sealant Application: Joints between cement concrete and asphalt pavement.
1.
Joint Location:
a.
Joints between concrete and asphalt pavement.
b.
Joints between concrete curbs and asphalt pavement.
c.
Other joints as indicated.
2.
Hot-Applied Joint Sealant for Concrete and Asphalt: Single component
C.
Joint-Sealant Application: Joints within cement concrete pavement at Splash Pad.
1.
Joint Location:
a.
Expansion and isolation joints in cast-in-place concrete pavement at splash pad.
b.
Contraction joints in cast-in-place concrete slabs pavement at splash pad.
2.
Silicone Joint Sealant for Concrete: Single component, nonsag Single component, self-
leveling
END OF SECTION 321373
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SECTION 32 15 40 - CRUSHED STONE PAVING
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Contract Drawings and general provisions of the Contract, including General and
Supplementary Conditions and Division 01 Specification Sections, apply to this Section.
1.2
SUMMARY
A.
This Section includes requirements for demolition, earthwork, grading, furnishing, and
placement of crushed stone paving.
1.
Furnish and place crushed stone paving, bonded with fine aggregate, constructed on a
prepared underlying base course in accordance with these specifications and in
conformity with the dimensions, typical cross section, and the lines and grades shown on
the Contract Drawings. The locations where crushed stone paving will be used are
shown on the Contract Drawings.
1.3
REFERENCES
A.
ASTM C117 – Test Method for Materials Finer than No. 200 (75-um) Sieve in Mineral
Aggregates by Washing.
B.
ASTM C136 – Method for Sieve Analysis of Fine and Coarse Aggregates.
C.
ASTM D4318 – Test Method for Liquid Limit, Plastic Limit and Plasticity Index of Soils.
1.4
SUBMITTALS
A.
Material Analysis: Contractor shall provide copies of the following test data required by
ASTM:
1.
ASTM C136 - Sieve Analysis.
2.
ASTM C127 - Specific Gravity and Absorption.
3.
ASTM C131 - L.A. Abrasion.
B.
Samples: Provide a one (1) gallon sample of material for approval.
1.5
DELIVERY, STORAGE, AND HANDLING
A.
Packaged Materials: Deliver packaged materials in original, unopened containers showing
weight, certified analysis, name and address of manufacturer, and indication of conformance
with state and federal laws if applicable.
B.
Bulk Materials:
1.
Do not dump or store bulk materials near structures, utilities, walkways and pavements,
or on existing turf areas, plant materials or within critical root zones.
2.
Provide erosion-control measures to prevent erosion or displacement of bulk materials,
discharge of soil-bearing water runoff, and airborne dust reaching adjacent properties,
water conveyance systems, or walkways.
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3.
Accompany each delivery of bulk materials with appropriate certificates.
C.
Rejection of material.
1.
Evidence of inadequate protection or improper handling or storage shall be cause for
rejection.
2.
Any product or material exhibiting signs of damage due to nonconformity to
specifications or due to delivery, storage or handling shall be rejected by the Project
Manager. Contractor shall be responsible for hauling off-site and disposing of according
to general conditions and codes of the governing jurisdiction.
1.6
PROJECT CONDITIONS
A.
Environmental requirements: Work shall occur only when weather and soil conditions permit in
accordance with locally accepted practice.
B.
Field Measurements: Verify actual grade elevations, service and utility locations, irrigation
system components, and dimensions of plantings and construction contiguous with proposed
crushed stone paving areas by field measurements before proceeding with work.
C.
Interruption of Existing Services or Utilities: Do not interrupt services or utilities to facilities
occupied by Owner or others.
D.
Existing Conditions:
1.
Utilities: Determine location of existing and proposed underground utilities. Perform
work in a manner to avoid damage. Hand excavate, as required.
2.
Excavation: Maintain grade stakes set by others until removal is mutually agreed upon
by parties concerned.
E.
Weather Limitations: Proceed with installation only when existing and forecasted weather
conditions permit planting to be performed when beneficial and optimum results may be
obtained.
1.7
MAINTENANCE SERVICE
A.
General: Maintain Work in accordance with Division 01.
1.
Maintenance Period: Begin maintenance immediately after Work is completed.
Maintain areas until the end of the Warranty period.
1.8
WARRANTY
A.
See Division 01 Section “Warranty”.
PART 2 - PRODUCTS
2.1
CRUSHED STONE PAVING
A.
Type: Crushed granite stone or gravel. Shall be unused material free of shale, lay, friable
materials, organics and debris.
1.
Size Range: 1/4 inch Minus
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2.
Color: See Materials Schedule L001
3.
Acceptable Supplier: Rock Pros
B.
Type: Crushed granite stone or gravel. Shall be unused material free of shale, lay, friable
materials, organics and debris.
1.
Size Range: 1/2 inch Minus
2.
Color: See Materials Schedule L001
3.
Acceptable Supplier: Rock Pros
C.
Type: Crushed granite stone or gravel. Shall be unused material free of shale, lay, friable
materials, organics and debris.
1.
Size Range: 1/2 inch Screened
2.
Color: See Materials Schedule L001
3.
Acceptable Supplier: Rock Pros
D.
Type: Crushed granite stone or gravel rip rap. Shall be unused material free of shale, lay, friable
materials, organics and debris.
1.
Size Range: 4”-6” Screened
2.
Color: See Materials Schedule L001
3.
Acceptable Supplier: Rock Pros
E.
Type: Crushed granite stone or gravel rip rap. Shall be unused material free of shale, lay, friable
materials, organics and debris.
1.
Size Range: 1”-3” Screened
2.
Color: See Materials Schedule L001
3.
Acceptable Supplier: Rock Pros
F.
2.2
EXAMINATION
A.
Examine areas where the Work of this Section will be performed for compliance with
requirements and conditions affecting installation and performance.
1.
Verify that no foreign or deleterious material or liquid such as paint, paint washout,
concrete slurry, concrete layers or chunks, cement, plaster, oils, gasoline, diesel fuel,
paint thinner, turpentine, tar, roofing compound, or acid has been deposited in soil within
the work area.
2.
Verify that final grades are completed in accordance with the drawings.
B.
Proceed with installation only after unsatisfactory conditions have been corrected and approved
by Project Manager.
2.3
QUALITY CONTROL
A.
Mock-up: Provide field constructed sample installation of crushed stone paving, and prepared
subgrade.
1.
Mock-up to be ten foot (10’) x ten foot (10’) and located where directed by Construction
Manager. Mock-up shall include proposed edge and banding, and surface stabilization if
specified.
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2.
Project Manager shall review mock up within forty eight (48) hours of notification by the
contractor.
3.
Make necessary adjustments as directed by Project Manager.
4.
Obtain approval from Project Manager before proceeding with the Work.
5.
Retain and protect mock-up during construction as a standard for judging completed
crushed stone paving work. Do not remove or destroy mock-up until work is completed.
6.
Accepted and properly maintained sample installations may remain in completed work if
approved in writing by Project Manager.
7.
All work shall match accepted field mock-up.
2.4
PREPARATION
A.
Protect structures, utilities, sidewalks, pavements, and other facilities, turf areas, existing
landscape areas, and trees from damage.
B.
Install erosion-control measures to prevent erosion or displacement of soils and discharge of
C.
Install edging of type and in locations shown on drawings. Obtain acceptance of layout by
Project Manager before excavating or installing. Make minor adjustments as required.
2.5
PLACEMENT OF CRUSHED STONE PAVING
A.
Cut earthwork to width of trail/area to receive crusher fines paving to approximate depth section
as specified on the Contract Drawings. Remove, haul and dispose of excess material off site, or
use on-site with approval of Project Manager.
B.
Complete excavation required in sub-grade before fine grading and final compaction of sub-
grade is performed. Extend sub-grade compaction one foot (1’) beyond proposed edge of
crushed stone paving or as indicated on drawings.
1.
Where earth moving is required the sub-grade shall be compacted to ninety five percent
(95%) standard proctor within two percent (2%) of the optimum moisture.
2.
Keep areas being graded or compacted shaped and drained during construction. Ruts
greater than or equal to 1 inch deep in sub-grade shall be graded out and reshaped as
required, and re-compacted before crushed stone paving placement.
C.
Prior to placement of Crushed Stone Paving material, the sub-grade shall be proof rolled.
Where soft spots are detected, scarify subgrade beneath Crushed Stone Paving trail to a
minimum of six inch (6”) depth. Moisture treat and compact to a minimum ninety five percent
(95%) proctor density as determined by ASTM D698 or AASHTO T-99. Take moisture density
tests every two hundred fifty (250) lineal feet of trail or proof roll. Treat and compact sub-
grade, leaving it 5-inches below final grade for placement of Crushed Stone Paving. Compact
material and retest by proof rolling to achieve approval of Project Manager.
D.
Install crushed stone paving only after excavation and construction work which might injure it
have been completed, and after edging has been completely installed on the compacted sub-
grade. Install crushed stone paving, over compacted base course in areas indicated on plan.
E.
Spread crushed stone evenly to fifty percent (50%) of specified depth. Avoid segregation of
aggregate and contamination with lower courses or sub-grade.
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F.
Compact to ninety five percent (95%) of maximum density as determined by ASTM D1557.
1.
Maintain surface course moisture content within plus/minus three percent (± 3%) of
optimum. Add water to quarry fines paving as required to achieve optimum moisture
content and a uniform, compacted surface conforming to the finish grades indicated.
2.
Compact areas inaccessible to rolling by mechanical tamping.
G.
Protect crushed stone paving from soil or other contaminates during and following installation.
H.
Spread and compact additional crushed stone paving to achieve the required minimum
compacted thickness. Compact per 3.3.F above.
2.6
PLACEMENT OF STABILIZED CRUSHED STONE PAVING
A.
Do not allow traffic on stabilized crushed stone paving for two days.
2.7
MAINTENANCE AND REPAIRS:
A.
Crusher Fines Paving:
1.
Areas that do not compact, become eroded or are degraded in visual quality and/or
performance as determined by the Project Manager are to be removed and/or repaired.
Obtain approval of repair methods from Project Manager prior to affecting repairs.
2.8
CLEANUP AND PROTECTION
A.
All areas shall be clean at the end of each workday.
B.
The contractor shall maintain protection during installation, curing, and maintenance periods.
1.
Erect temporary fencing or barricades and warning signs as required protecting newly
installed Crushed Stone Paving areas from traffic, other trades, and trespassers. Maintain
fencing and barricades throughout initial maintenance period and remove with approval
of Project Manager.
C.
Project completion: All debris, soil, trash, and excavated and/or stripped material resulting from
Crushed Stone Paving operations and unsuitable for or in excess of requirements for completing
work of this Section shall be disposed of off-site.
D.
Maintain protection during installation and maintenance periods. See Division 1. Treat, repair
or replace damaged work as required.
2.9
QUALITY ASSURANCE
A.
Refer to Division 1 Section “Quality Assurance”.
END OF SECTION 32 15 40
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SECTION 325200 – LANDSCAPE SYNTHETIC TURF
PART 1 - GENERAL
1.1
SUMMARY
A.
Section Includes:
1.
Synthetic Turf
1.2
ACTION SUBMITTALS
A.
Product Data: For each type of product.
B.
Samples: For each exposed product and for each color and texture specified.
C.
Samples for Verification: For each type of synthetic turf, supply 12”x12” sample for approval.
1.3
CLOSEOUT SUBMITTALS
A.
Maintenance Data: Include in maintenance manuals.
PART 2 - PRODUCTS
2.1
SYNTHETIC TURF, (1-19)
A.
Basis of Design Manufacturer: THE SYNTHETIC GRASS STORE
B.
Acceptable Product: Kool K-9
2.2
GENERAL FINISH REQUIREMENTS
A.
Appearance of Finished Work: Noticeable variations in same piece are not acceptable.
Variations in appearance of adjoining turf rolls are not acceptable.
PART 3 - EXECUTION
3.1
EXAMINATION
A.
Examine areas and conditions, with Installer present, for compliance with requirements for
correct and level finished grade, installation tolerances, and other conditions affecting
performance of the Work.
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B.
Proceed with installation only after unsatisfactory conditions have been corrected.
3.2
INSTALLATION, GENERAL
A.
Comply with manufacturer's written installation instructions unless more stringent requirements
are indicated.
END OF SECTION 325200
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SECTION 329200 - 329400
PART 1 - GENERAL
1.1
RELATED DOCUMENTS
A.
Refer to City of Chandler specifications for planting, irrigation and turf specifications.
EXHIBIT D
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page GMP-1
Project No.: PR2206.401
Rev. 1/16/2024
ACCEPTED GMP/PRICE PROPOSAL
701 N. Cooper Rd.
Gilbert, AZ 85233
Phone: 480-892-0521
Fax: 480-892-4932
Pickleball Courts at Tumbleweed Park
GMP 1 – Long-lead Procurement @ 90% Plans
Project No: PR2206.401
Submitted:
June 5, 2024
Page 1 of 8
TABLE OF CONTENTS
COVER PAGE
1
TABLE OF CONTENTS
2
PROJECT DESCRIPTION
3
SUMMARY
4
SCHEDULE OF VALUES
5
ASSUMPTIONS & CLARIFICATIONS
6 – 7
LIST OF GMP PLANS AND SPECIFICATIONS
8
Page 2 of 8
PROJECT DESCRIPTION
This project includes construction services for 18 standard post-tensioned concrete pickleball courts
and accompanying amenities including but not limited to: parking lot with approximately 130 spaces,
sidewalk, landscape, irrigation, restroom, equipment storage, lighting, benches, practice areas, and
shade canopies. Construction efforts may also include 3 standard post-tensioned concrete tennis
courts at the Chandler Tennis Center.
GMP 1 DESCRIPTION
This GMP is for the procurement of specified materials necessary for the construction of the project
that have been identified as long-lead procurement and/or considered to be at risk significant cost
escalation. The intent of this GMP is to provide funding authorization for purchase orders of the listed
materials so as to secure pricing and to increase the chances of the project being constructed on
time.
Page 3 of 8
EXHIBIT D
CM @ RISK GMP SUMMARY
Date:
6/5/2024
Cost Model
GMP 1
Amount
A. Cost of Work
A1 Cost of Work (self perform, no mark-up)
$0.00
A2 Cost of Work (subcontractors, suppliers, material)
$1,431,848.20
TOTAL COST OF WORK:
$1,424,149.80
B. General Conditions
$7,698.40
$1,431,848.20
C. CM@Risk's Fee
8.50%
$121,707.10
SUBTOTAL 2 (A + B + C):
$1,553,555.30
D. Bonds and Insurance (on Subtotal 1)
D1 Bonds (Payment and Performance)
0.77%
$11,962.38
D2 Insurance
1.00%
$15,535.55
$27,497.93
SUBTOTAL 3 (SUBTOTAL 2 + BONDS & INS):
$1,581,053.23
E. Sales Tax
E1 Sales Tax
5.07%
$80,159.40
E2 Tax Credits
$0.00
$80,159.40
F. Approved Allowances
F1 Owner's Allowance
$0.00
F2 Owner's Allowance for Water and Wastewater
$0.00
$0.00
G. Contingencies
G1 Owner Contingency
$44,417.45
G2 Project Contingency (Design Development & Contractor)
$71,067.92
$115,485.37
$1,776,697.99
Establishment of Values:
a. Cost of Work (A) and Allowances (F) to be submitted with GMP Proposal.
b. General Conditions Cost (B) to be established in Baseline Cost Model.
c. CM@Risk Fee as set forth in Section 3.7.3 of this Contract
Project Name: Pickleball Courts at Tumbleweed Park
Project Location: Pioneer Pkwy / Germann Rd
TOTAL CONTINGENCIES:
TOTAL GMP PROPOSAL:
City of Chandler Project No.: PR2206.401
SUBTOTAL 1 (Cost of Work) (A + B):
TOTAL BONDS & INSURANCE:
TOTAL SALES TAX:
TOTAL ALLOWANCES:
Page 4 of 8
Pickleball Courts at Tumbleweed Park
Date:
6/4/24
Project No. PR2206.401
Schedule of Values
Cost Model - 90%
Long
Lead
Bid Item Description
Bid Qty
UM
Unit Cost
Total Cost
Weeks
2
SEWER
1
EA
5,500.00
$
5,500.00
$
2.7
Sewer Pipe Materials
1
LS
5,500.00
$
5,500.00
$
Weeks
3
WATER
1
EA
6,500.00
$
6,500.00
$
3.7
Water Pipe Materials
1
LS
6,500.00
$
6,500.00
$
Weeks
4
STORM DRAIN
1
EA
55,000.00
$
55,000.00
$
4.1
Storm Drain Materials
1
LS
55,000.00
$
55,000.00
$
Weeks
5
ELECTRICAL
1
EA
660,000.00
$
660,000.00
$
49+
5.1
800 amp SES
1
EA
45,000.00
$
45,000.00
$
18
5.14
Light Poles and Fixtures (Area and Site Lights)
1
LS
615,000.00
$
615,000.00
$
Weeks
9
FENCES & GATES
1
EA
74,553.60
$
74,553.60
$
9.2
6' Wind Screen
2,118
LF
9.85
$
20,862.30
$
8
9.2a
10' Vinyl Wind Screen (blue) (this is an add, not a replacement)
2,118
LF
25.35
$
53,691.30
$
Weeks
10
SPORTS COURTS
1
EA
125,000.00
$
125,000.00
$
14
10.5
Practice Wall Materials (3Form)
40
LF
3,125.00
$
125,000.00
$
Weeks
11
MONUMENT & WAYFINDING
1
EA
20,000.00
$
20,000.00
$
11.3
Monument Materials
1
LS
20,000.00
$
20,000.00
$
Weeks
12
AMENITIES
1
EA
40,420.80
$
40,420.80
$
12.6
Bike Rack
6
EA
1,437.00
$
8,622.00
$
12.7
Pickleball Bollards
8
EA
2,303.60
$
18,428.80
$
12.9
Situp Bench
1
EA
4,435.00
$
4,435.00
$
12.10
Lower Back Bench
1
EA
4,435.00
$
4,435.00
$
12.11
Stretch Station
1
EA
4,500.00
$
4,500.00
$
Weeks
14
RAMADAS
1
EA
126,985.00
$
126,985.00
$
30
14.1
20' x 20' Ramada
1
EA
47,061.00
$
47,061.00
$
30
14.2
20' x 38' Ramada
1
EA
79,924.00
$
79,924.00
$
Weeks
15
BATHROOM BUILDING
1
EA
225,000.00
$
225,000.00
$
16
15.2
Masonry Walls
1
LS
100,000.00
$
100,000.00
$
15.5
Roof & Structural Steel
1,759
SF
71.06
$
125,000.00
$
SUBTOTAL - COST
17
GENERAL CONDITIONS
1
EA
7,698.40
$
7,698.40
$
109-01
17.1
Project Manager
20
HR
110.45
$
2,209.00
$
109-01
17.2
Project Engineer
40
HR
77.23
$
3,089.20
$
109-01
17.6
Project Sponsor
10
HR
121.02
$
1,210.20
$
109-01
17.8
Truck, Pickup
70
HR
17.00
$
1,190.00
$
SUBTOTAL - GENERAL CONDITIONS
18
TENNIS COURTS
1
EA
85,190.40
$
85,190.40
$
Weeks
Fence
1
EA
21,190.40
$
21,190.40
$
18.8
6' Vinyl Wind Screen
602
LF
9.85
$
5,929.70
$
8
18.8a
10' Vinyl Wind Screen (blue) (this is an add, not a replacement)
602
LF
25.35
$
15,260.70
$
Weeks
Electrical
1
EA
64,000.00
$
64,000.00
$
18
18.16
Light Poles and Luminaires
1
EA
64,000.00
$
64,000.00
$
SUBTOTAL - TENNIS COURTS
1
EA
GRAND TOTAL - COST
Contingency
6.50%
115,485.37
$
Design Development Contingency
3.0%
53,300.94
$
Cost Inflation Contingency
1.0%
17,766.98
$
Contractor Contingency
0.0%
-
$
Owner Contingency
2.5%
44,417.45
$
SUBTOTAL - CONTINGENCIES
$ 115,485.37
$ 1,338,959.40
$ 7,698.40
$ 1,431,848.20
$ 85,190.40
5
Page 5 of 8
ASSUMPTIONS & CLARIFICATIONS
1) Section 2.7, 3.7, 4.1 – Pipe Materials:
a. Costs are based on a pipe quote received from one of several pipe suppliers. We
anticipate receiving several pipe quotes and will choose the most cost effective and
responsible supplier.
b. Storm Drain Materials included are for the Pickleball and Tennis Court areas of the
project.
2) Section 5.1, 5.14, 18.16 – Electrical:
a. The furnish and install price for the 800 amp SES is included with a lead time of 49+
weeks.
b. The furnish and install price for the Light poles and fixture package is included with a
lead time of 18+ weeks.
c. We received two proposals to date, one includes labor and the other is for materials
only. We will receive the installed price from the second subcontractor and a third
proposal prior to the submission of GMP 2 which will determine which subcontractor
will be awarded the procurement and installation of the electrical work on the project.
3) Section 9.2, 9.2a, 18.8, 18.8a – Fence:
a. The furnish and install price of the designed 6’ tall wind screen is included.
b. Alternate pricing to change the wind screen to 10’ tall in the color blue is included as
an added cost to the 6’ tall wind screen cost. The alternate price does not replace
the 6’ pricing, but is an added cost.
c. We received one proposal to date. We will receive additional proposals prior to the
submission of GMP 2 which will determine which subcontractor will be awarded the
procurement and installation of the fence work on the project.
4) Section 10.5 – Practice Walls:
a. The practice walls materials is primarily the specified acrylic product from 3Form.
We have included the cost received and included in a previous cost model. Updated
pricing prior to the submission of GMP 2 will determine which if 3Form or an
alternate product will be awarded the materials. A third party installer will be
identified at that time as well.
5) Section 11.3 – Monument Materials:
a. We are still identifying material suppliers and contractors for the monument sign.
The plans indicate a 3From product which is still being evaluated by 3From for
constructability.
Page 6 of 8
6) Section 12 – Amenities:
a. Custom bike racks, bollards and fitness equipment suppliers is being evaluated at
this time. Options will be presented as a part of the GMP 2 package.
7) Section 14 – Ramadas:
a. The plans specify Classic Recreation Systems. These ramadas are furnished
through authorized sales representative Exerplay. The cost listed is a proposal
received through Exerplay.
b. We will evaluate alternative-like ramadas for evaluation.
8) Section 14 – Bathroom Building:
a. Masonry is a furnish and install cost quoted from one subcontractor, additional
subcontractors will be evaluated with GMP 2.
b. Roof and Structural Steel cost are established from the costs from the Tumbleweed
Softball Diamond project currently being constructed, which includes a similar
structure.
Page 7 of 8
LIST OF GMP PLANS AND SPECIFICATIONS
The following documents were referenced to establish pricing for this GMP:
• Plans: “Tumbleweed Park Pickleball”; Project No. PR2206.201; 90% Design Submittal dated
April 16, 2024 by Dig Studio
• Specifications: Not available
• Geotechnical: Not available
Page 8 of 8
EXHIBIT E
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page SUB-1
Project No.: PR2206.401
Rev. 1/16/2024
SUBCONTRACTOR DOCUMENTS WITH CM@RISK
Any subcontractor assumptions, clarifications, exclusions, terms & conditions, signature blocks, etc. included are strictly between the CM@RISK
and their subcontractors, and do not apply to the Agreement between the CM@RISK and the City.
SUBCONTRACTOR’S LIST FORM
If CM@Risk intends to subcontract any portion of this Agreement, the CM@Risk must submit the name, address, and contractor’s license number (if
applicable) of each subcontractor, including the work component of such subcontracting. Include the form with the bid submittal documents. CM@Risk
may make multiple copies of this form as needed.
Company Name:
Contact Name:
Contact Email:
Contact Phone:
Work Component:
Percentage of Total
Work Performed:
Company Name:
Contact Name:
Contact Email:
Contact Phone:
Work Component:
Percentage of Total
Work Performed:
Company Name:
Contact Name:
Contact Email:
Contact Phone:
Work Component:
Percentage of Total
Work Performed:
Company Name:
Contact Name:
Contact Email:
Contact Phone:
Work Component:
Percentage of Total
Work Performed:
Company Name:
Contact Name:
Contact Email:
Contact Phone:
Work Component:
Percentage of Total
Work Performed:
Company Name:
Contact Name:
Contact Email:
Contact Phone:
Work Component:
Percentage of Total
Work Performed:
EXHIBIT F
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page GIS-1
Project No.: PR2206.401
Rev 1/16/2024
GIS / GPS DATA DELIVERY REQUIREMENTS
(IF APPLICABLE)
N/A
EXHIBIT G
Project Name: Pickleball Courts at Tumbleweed Park GMP I
Page SUBS-1
Project No.: PR2206.401
Rev 1/16/2024
SUBCONTRACTOR DOCUMENTS WITH CM@RISK
Any subcontractor assumptions, clarifications, exclusions, terms & conditions,
signature blocks, etc. included are strictly between the CM@Risk and their
subcontractors, and do not apply to the Agreement between the CM@Risk and the City.
N/A