reconstruction of the basketball court at john …reconstruction of the basketball court at john...

PROJECT MANUAL

RECONSTRUCTION OF THE BASKETBALL COURTAT JOHN CHANDA PARK

STRATFORD, CONNECTICUT

April 27, 2012

BID NO. 2012-033

MMI #1627-28

Prepared for:

The Town of StratfordDepartment of Public Works

Connecticut 06614

Prepared by:

MILONE & MACBROOM, INC.99 Realty Drive

Cheshire, CT 06410(203) 271-1773

www.miloneandmacbroom.com

http://www.miloneandmacbroom.com/

PROJECT MANUALRECONSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 2

INDEX TO CONTRACT DOCUMENTS

Page Numbers

INSTRUCTIONS TO BIDDERS 5 pages

BID PROPOSAL FORMS 5 pages

SPECIAL PROVISIONS 3 pages

GENERAL CONDITIONS 33 pages

SUPPLEMENTAL CONDITIONS 10 pages

TECHNICAL SPECIFICATIONS TS-l through TS-27

APPENDIX

Geotechnical Report 7 pages

Stratford Inland Wetlands & Watercourses CommissionFindings, Permits & Conditions 4 pages


TOWN OF STRATFORDPURCHASING DEPARTMENTSTRATFORD, CONNECTICUT

BID No. 2012-033

Issued : May 2, 2012

Subject : Reconstruction of the Basketball Court at John Chanda Park

The Town of Stratford through the Office of the Purchasing Agent, will receive SEALED BIDSfor furnishing the equipment described in the accompanying specifications, in accordance with theinstructions, conditions and reservations that follow:

A. CLOSING DATE:

Bids will be received until __11:00 am May 18, 2012____, at which time they will be publiclyopened and read. All bidders are invited to attend this public opening, which will be heldimmediately following the closing time specified above, in the Office of the Purchasing Agent,Room 202, Town Hall, 2725 Main Street, Stratford, CT 06615.

Any bid may be withdrawn prior to the above-scheduled time for receiving bids or authorizedpostponement thereof. Any bids received after the date and time specified shall NOT beconsidered. No bidder may withdraw a bid within 45 days after the actual opening thereof.

B. INSTRUCTIONS:

Bid proposals are to be submitted (TWO COPIES) in a sealed envelope and clearly marked withthe bid number and description on the outside of the envelope, including all outer packaging(DHL, FedEx, UPS, etc).


Bids must be delivered to:

Purchasing DepartmentStratford Town Hall – Rm 2022725 Main StreetStratford, CT 06615

C. MANDATORY PRE-BID MEETING

A mandatory pre-bid meeting and walk-thru will be held on Wednesday, May 9, 2012 at 1:00pm. The meeting will be held at the basketball court at John Chanda Park at Wigwam Lane,Stratford, CT.

D. CONDITIONS:

Bid Surety:

A Bid Bond in the amount of 5% of the base bid must accompany each proposal, made payable tothe Town of Stratford. No bid will be considered without this surety. Upon award or rejection ofthe bid, all Certified Checks or Cashier's Checks received in lieu of Bid Bonds will be returned tothe bidders.

Payment: Final payment will be made upon the acceptance of the completed work by anauthorized representative of the Town of Stratford. NO partial payments will be made. Invoicescovering the work specified herein should be forwarded to the Purchasing Department uponcompletion of the project.

Taxes: The Town of Stratford is exempt from all State and Federal taxes. Do not include theseamounts in your quotation.

Addendums: All addendums will be posted on the town website, www.townofstratford.com. It isthe responsibility of the bidder to check the website for any addendums before submitting theirbid.

F.O.B. Destination: All prices quoted must be net delivered to destination.

Conflict of Interest: No public official or employee shall, while serving as such, have anyfinancial interest or engage in any business, employment, transaction or professional activity orincur any obligation of any nature which is in substantial conflict with the proper discharge ofhis/her duties or employment in the public interest.

Insurance Requirements:

A. General Liability

Occurrence limit $1,000,000; aggregate limit $2,000,000. The insurance carried by the

http://www.townofstratford.com./


proposer shall be on form CG 00 01, or equivalent. The Town of Stratford shall be namedas an additional insured on the contractor’s General Liability Insurance Policy with formCG 20 10 or CG 20 33, and CG 20 37.

B. Automobile Liability

Combined single limit of S1,000,000. Comprehensive automobile policy to cover allowned, hired or non-owned automobiles or vehicles.

C. Workers Compensation

The proposer must have workers' compensation and employers liability insurance asrequired by Connecticut and federal law, plus employers liability limits of $1,000,000 peraccident, 1,000,000 disease each employee and S1,000,000 disease policy limit.

D. Umbrella Liability

The proposer shall have a minimum coverage of $1,000,000 excess umbrella coverage,naming the Town as additional insured.

The proposer shall procure and pay for the insurance coverage described above and must maintainthe indicated insurance for a period of two (2) years after completion of the contract. All policiesshall provide for thirty (30) days written notice prior to cancellation, substantial change ornonrenewal. In addition, the selected firm shall require its subcontractors, if any, to meet the sameinsurance requirements and to furnish the Town with similar evidence of insurance.

In addition, the proposer shall, at all times, save, indemnify and hold harmless the Town ofStratford, its officers, agents, employees and servants from liability of any nature or kind,including costs and expenses for or on account of, any patented or copyrighted equipment,materials, articles, or processes used in the performance of this contract, or on account of any andall claims, damages, losses, litigation expense and counsel fees arising out of loss or injuries(including death) sustained by or alleged to have been sustained by the public or any personsaffected by the proposer 's work, or by the proposer or any subcontractor, or anyone directly orindirectly employed by them while engaged in the performance of their duties in connection withthis contract.

E. RESERVATIONS:

The Town of Stratford may consider informal any proposal not prepared and submitted to theTown in accordance with the provisions herein stated. The Town of Stratford reserves the right toreject any or all proposals or parts of proposals; to waive defects in same proposals; or to acceptany proposal or part thereof deemed to be in the best interests of the Town of Stratford.

Michael Bonnar, Purchasing Agent

SPECIFICATIONS: See following sections.

BID PROPOSAL FORMS

PROJECT MANUALTHE RECONSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 BPF-1

THE TOWN OF STRATFORD

BID PROPOSAL FORM

THE RECONSTRUCTION OF THE BASKETBALL COURTAT JOHN CHANDA PARK

BIDDER'S FULL LEGAL NAME: _______________________________________________

The respondent hereby acknowledges receipt of the Addenda listed below and furtheracknowledges that the provisions of each Addendum have been included in the preparation ofthis Bid:

Addendum No. Dated Addendum No. Dated

______________________________ ______________________________

______________________________ ______________________________

LUMP SUM BASE BID PRICES:

Refer to Special Provision sheets (SP-1 through SP-2) for descriptions of lump sum bid items.


ITEM BASE BID ITEM DESCRIPTION

(ITEM PRICE IN WORDS – DOLLARS AND CENTS)

ITEM PRICE

(IN FIGURES)

A SITE PREPARATION

_________________________________________________

_________________________________________________

___________________________________________per LS

$

B BITUMINOUS CONCRETE BASKETBALL COURT

_________________________________________________

_________________________________________________

___________________________________________per LS

$

C MISCELLANEOUS SITE IMPROVEMENTS

_________________________________________________

_________________________________________________

___________________________________________per LS

$

BASE PRICE BID

Pursuant to and in full compliance with the solicitation, the undersigned bidder, having visitedthe site or property if applicable, and having thoroughly examined each and every documentcomprising the solicitation, including any addenda, hereby offers and agrees as follows:

To provide the products and/or services specified in, and upon the terms and conditions of, thesolicitation for the total sum of

/100 Dollars (write outin words) ($___________________).


ALTERNATE BID ITEMS

The undersigned bidder further proposes and agrees that should any or all the followingAlternate Proposal Items be selected for inclusion in the Town’s contract with the GeneralContractor, the amount of the Base Price Proposal set forth above shall be adjusted by theamount(s) stated for the accepted Alternate Proposal Item(s).

ALTERNATE BID ITEMS NO. 1 THRU NO. 2

ITEMNO.

ALTERNATE PROPOSAL ITEM DESCRIPTION(ITEM PRICE IN WORDS – DOLLARS AND CENTS)

ITEM PRICE(IN FIGURES)

1 2 COLOR ACRYLIC SURFACE FOR THE NEWBASKETBALL COURT AT CHANDA PARK_________________________________________________

_________________________________________________

___________________________________________per LS

2 BITUMINOUS CONCRETE PAVEMENT SEALCOATING AND STRIPING OF BASKETBALL COURTSAT HIGH PARK_________________________________________________

_________________________________________________

___________________________________________per LS


ACKNOWLEDGEMENT

In submitting this Bid Proposal Form, the undersigned proposer acknowledges that the price(s)include all labor, materials, transportation, hauling, overhead, fees and insurances, bonds orletters of credit, profit, security, permits and licenses, and all other costs to cover the completedwork called for in the solicitation. Except as otherwise expressly stated in the solicitation, noadditional payment of any kind will be made for work accomplished under the price(s) asproposed.

NOTE: THIS DOCUMENT, IN ORDER TO BE CONSIDERED A VALID PROPOSAL,MUST BE SIGNED BY A PRINCIPAL OFFICER OR OWNER OF THE BUSINESS ENTITYTHAT IS SUBMITTING THE BID. SUCH SIGNATURE CONSTITUTES THE BIDDER'SREPRESENTATIONS THAT IT HAS READ, UNDERSTOOD AND FULLY ACCEPTEDEACH AND EVERY PROVISION OF EACH DOCUMENT COMPROMISING THESOLICITATION, UNLESS AN EXCEPTION IS DESCRIBED ABOVE.

BY ___________________________ TITLE:_____________________________(PRINT NAME)

______________________________ DATE:_____________________________(SIGNATURE)

END OF BID PROPOSAL FORM

SPECIAL PROVISIONS

PROJECT MANUALRECOSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 SP-1

SPECIAL PROVISIONS FOR

RECOSTRUCTION OF THE BASKETBALL COURTAT JOHN CHANDA PARK

1. LUMP SUM BID PRICES

All work for this project shall be performed under the Lump Sum Bid Items. It is theintent of this provision that the value of the following elements of the work within theproject when added together shall equal the Total Lump Sum bid. Should the Contractorhave any questions regarding the specific elements of work to be included within eachschedule of value item, said question shall be directed to the Town, in writing,sufficiently in advance of the bid date in order to allow for a proper response (seeInstructions to Bidders).

2. LUMP SUM BID ITEMS

A. SITE PREPARATIONThe work under this item shall include all personnel and equipment necessary formobilization including the movement of all the contractor's equipment to and fromthe project site, construction staking, clearing and grubbing as shown on thedrawings and necessary for the performance of the work. Removals of variousexisting site amenities including but not limited to bituminous concrete, a bench,basketball hoops, backboards, standards and concrete foundations. The work underthis item shall also include all materials, equipment, and labor to provide allsediment and erosion control measures as depicted on the contract plans including,but not limited to Silt Fence, and the Construction Entrance Pad. All sediment anderosion control measures shall be implemented prior to startup of constructionactivities and maintained until permanent cover and stabilization is established.

B BITUMINOUS CONCRETE BASKETBALL COURTThe work under this item shall include all materials, equipment, and labor to installa basketball court, complete, including but not limited supplementing existingsubbase material, construction the bituminous court surface, sealing thebituminous concrete pavement and striping the court. The work under this itemshall also include all materials, equipment, and labor to furnish and install thebasketball units fully assembled with concrete footings.

C. MISCELLANEOUS SITE IMPROVEMENTSThe work under this item shall include all materials, equipment and labor to furnishand install miscellaneous site improvements proposed at various locations withinthe project site. The scope of work includes, but is not limited to installation of sitebenches on concrete pads, and installation of a trash receptacle on a concrete pad.

PROJECT MANUALRECOSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 SP-2

1. ALTERNATE BID ITEMS:

#1. 2 COLOR ACRYLIC SURFACE FOR THE NEW BASKETBALL COURT ATCHANDA PARK

The work under this item shall include all materials, equipment, and labornecessary for the application of a two-color acrylic surface specifically for use onoutdoor basketball courts, in accordance with the Contract Drawings and asdescribed in Technical Specification Item 2-058.

#2 BITUMINOUS CONCRETE PAVEMENT SEAL COATING AND STRIPINGOF BASKETBALL COURTS AT HIGH PARK

The work under this item shall include all materials, equipment, and labornecessary for the application of a bituminous concrete pavement seal coating andthe restriping of the lines for the existing basketball courts at High Park at GrahamStreet, Stratford, CT. The Town will provide the contractor with access to the site.The contractor will also be responsible for all repairs and restoration to the site ifrequired as a result from construction activities.

GENERAL CONDITIONS

INDEX TO GENERAL CONDITIONS

1. DEFINITIONS

2. GENERAL MATTERS

3. CONTRACT DOCUMENTS; INTENT AND REUSE

4. AVAILABILITY OF LANDS, PHYSICAL CONDITIONS,REFERENCE POINTS

5. BONDS AND INSURANCE

6. CONTRACTOR'S RESPONSIBILITIES

7. WORK BY OTHERS

8. TOWN'S RESPONSIBILITIES

9. ENGINEER'S STATUS DURING CONSTRUCTION

10. CHANGES IN THE WORK

11. CHANGE OF CONTRACT PRICE

12. CHANGE OF THE CONTRACT TIME

13. WARRANTY AND GUARANTEE; TESTS ANDINSPECTIONS; CORRECTIONS, REMOVAL, ORACCEPTANCE OF DEFECTIVE WORK

14. PAYMENTS TO CONTRACTOR AND COMPLETION

15. SUSPENSION OF WORK AND TERMINATION

16. MISCELLANEOUS

PROJECT MANUALRECOSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 GC-3

GENERAL CONDITIONS

1. DEFINITIONS

Wherever used in these General Conditions or in the other Contract Documents, thefollowing terms have the meanings indicated which are applicable to both the singular andplural thereof:

Addenda: Written or graphic instruments issued prior to the opening of Bids whichclarify, correct, or change the bidding documents or the ContractDocuments.

Agreement: The written agreement between the Town and the Contractor coveringthe Work to be performed; other Contract Documents are attached to theAgreement and made a part thereof as provided therein.

Applicationfor Payment: The form accepted by the Town which is to be used by the Contractor in

requesting progress or final payment and which is to include suchsupporting documentation as is required.

Bid: The offer or proposal of the Bidder submitted on the prescribed formsetting forth the prices for the Work to be performed.

Bonds: Performance Bond to be provided the Contractor upon receipt of theNotice to Proceed.

Change Order: A written order to the Contractor signed by the Town authorizing anaddition, deletion, or revision in the Work, or an adjustment in theContract Price or the Contract Time issued after the effective date of theAgreement.

ContractDocuments: The Agreement, Addenda (which pertain to the Contract Documents),

the Contractor's Bid (when attached as an exhibit to the Agreement), theBonds, these General Conditions, the Supplemental Conditions, theSpecifications, the Drawings (as the same are more specificallyidentified in the Agreement), together with all Modifications issued afterthe execution of the Agreement.

Contract Price: The moneys payable by the Town to the Contractor under the ContractDocuments as stated in the Agreement.

Contract Time: The number of days or the start and end dates indicated in theAgreement for the completion of the Work.


Contractor: The person, firm, or corporation with whom the Town has entered intothe Agreement.

Drawings: The drawings which show the character and scope of the Work to beperformed, and which have been prepared or approved by the Engineerand the Town, and are referred to in the Contract Documents.

Effective Dateof the Agreement: The date indicated in the Agreement on which it becomes effective, but

if no such date is indicated it means the date on which the Agreement issigned and delivered by the last of the two parties to sign and deliver.

Engineer: The Engineer retained by the Town or designated representative.

Field Order: A written order issued from the Town or Engineer to the Contractor forthe purpose of directing minor changes in the Work.

Notice of Award: The written notice by the Town to the apparent successful Bidder statingthat upon compliance by the apparent successful Bidder with theconditions precedent enumerated therein, within the time specified, theTown will sign and deliver the Agreement.

Notice to Proceed: A written notice given by the Town to the Contractor fixing the date onwhich the Contract Time will commence to run and on which theContractor shall start to perform his obligation under the ContractDocuments.

Resident ProjectRepresentative: The authorized representative of the Engineer assigned to the site, or any

part thereof.

Shop Drawings: All drawings, diagrams, illustrations, schedules, and other data whichare specifically prepared by the Contractor, a subcontractor,manufacturer, fabricator, supplier, or distributor to illustrate someportion of the Work and all illustrations, brochures, standard schedules,performance charts, instructions, diagrams, and other informationprepared by a manufacturer, fabricator, supplier, or distributor andsubmitted by the Contractor to illustrate material or equipment for someportion of the Work.

Specifications: Those portions of the Contract Documents consisting of writtentechnical descriptions of materials, equipment, construction systems,standards, and workmanship as applied to the Work and certainadministrative details applicable thereto.


Subcontractor: An individual, firm, or corporation having a direct contract with theContractor or with any other subcontractor for the performance of a partof the Work at the site.

SubstantialCompletion: The work (or a specific part thereof) has progressed to the point where,

in the opinion of the Engineer, it is sufficiently complete, in accordancewith the Contract Documents, so that the Work (or specified part) can beutilized for the purposes for which it was intended.

Work: The entire completed construction or the various separately identifiableparts thereof required to be furnished under the Contract Documents.Work is the result of performing services, furnishing labor, andfurnishing and incorporating materials and equipment into theconstruction, all as required by the Contract Documents.

2. GENERAL MATTERS

Delivery of Bonds:

When the Contractor delivers the executed Agreements to the Town, the Contractor shallalso deliver to the Town such Bonds as the Contractor may be required to furnish.

Copies of Documents:

The Town shall furnish the Contractor with sufficient copies of the Contract Documents asare reasonably necessary for the execution of the Work.

Commencement of Contract Time; Notice to Proceed:

The Contract Time will commence to run on the effective date of the Agreement, or, if aNotice to Proceed is given on the day indicated in the Notice to Proceed.

Starting the Project:

The Contractor shall start to perform the Work on the date when the Contract Timecommences to run, but no Work shall be done at the site prior to the date on which theContract Time commences to run.

Before Starting Construction:

Before undertaking each part of the Work, the Contractor shall carefully study and comparethe Contract Documents and check and verify pertinent figures shown thereon and allapplicable field measurements. The Contractor shall promptly report in writing to theEngineer any conflict, error, or discrepancy which the Contractor may discover.


Within ten days after the effective date of the Agreement, the Contractor shall submit to theTown for review and acceptance an estimated progress schedule indicating the starting andcompletion dates of the various stages of the Work, a preliminary schedule of ShopDrawing submissions, and a preliminary schedule of values of the Work.

Before any Work at the site is started, the Contractor shall deliver to the Engineercertificates of insurance which the Contractor is required to purchase and maintain and theTown shall deliver to the Contractor certificates of insurance requested by the Contractorwhich the Town is required to purchase and maintain.

Preconstruction Conference:

Before the Contractor starts the Work at the site, a conference may be required by theEngineer for review and acceptance of the schedules, to establish procedures for handlingShop Drawings and other submittals, for processing Applications for Payment, and toestablish a working understanding among the parties as to the Work.

3. CONTRACT DOCUMENTS; INTENT AND REUSE

Intent:

The Contact Documents comprise the entire Agreement between the Town and theContractor concerning the Work.

The Contract Documents are complementary; what is called for by one is as binding as ifcalled for by all. If, during the performance of the Work, the Contractor finds a conflict,error, or discrepancy in the Contract Documents, he shall report it to the Engineer inwriting at once and before proceeding with the Work affected thereby.

It is the intent of the Specifications and Drawings to describe a complete project to beconstructed in accordance with the Contract Documents. All Work that may reasonably beinferred from the Specifications or Drawings as being required to produce the intendedresult; shall be completed whether or not it is specifically called for. When words whichhave a well known technical or trade meaning are used to describe Work, materials, orequipment, such words shall be interpreted in accordance with such meaning. Reference tostandard specifications, manuals, or codes of any technical society, organization, orassociation, or to the code of any governmental authority, whether such reference bespecified or by implication, shall mean the latest standard specification, manual, or code ineffect at the time of opening of Bids, except as may be otherwise specifically stated.However, no provision of any referenced standard specification, manual, or code (whetheror not specifically incorporated by reference in the Contract Documents) shall change theduties and responsibilities of the Town, the Contractor, or the Engineer, or any of theiragents or employees from those set forth in the Contract Documents. Clarifications andinterpretations of the Contract Documents shall be issued by the Engineer.


The Agreement shall be governed by the laws of the State of Connecticut.

Reuse of Documents:

Neither the Contractor nor any subcontractor, manufacturer, fabricator, supplier, ordistributor shall 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 theseal of the Engineer, and they shall not reuse any of them on any other project withoutwritten consent of the Town and the Engineer and specific written verification by theEngineer.

4. AVAILABILITY OF LANDS, PHYSICAL CONDITIONS, REFERENCE POINTS

Availability of Lands:

The Town shall furnish, as indicated in the Contract Documents, the lands upon which theWork is to be performed, rights-of-way for access thereto, and such other lands which aredesignated for the use of the Contractor. The Contractor shall provide for all additionallands and access thereto that may be required for temporary construction facilities orstorage of materials and equipment.

Unforeseen Physical Conditions:

The Contractor shall promptly notify the Engineer in writing of any subsurface or latentphysical conditions at the site or in an existing structure differing materially from thoseindicated or referred to in the Contract Documents. The Engineer will promptly reviewthose conditions and determine if further investigation or tests are necessary. If theEngineer finds that the results of such investigations or tests indicate that there aresubsurface or latent physical conditions which differ materially from those intended in theContract Documents, and which could not reasonably have been anticipated by theContractor, a Change Order shall be issued incorporating the necessary revisions.

Reference Points:

The Town shall provide engineering surveys for construction to establish reference points,which in its judgment are necessary to enable the Contractor to proceed with the Work.The Contractor shall be responsible for laying out the Work, shall protect and preserve theestablished reference points, and shall make no changes or relocations without the priorwritten approval of the Town. The Contractor shall report to the Engineer whenever anyreference point is lost or destroyed or requires relocation because of necessary changes ingrades or locations, and shall be responsible for replacement or relocation of such referencepoints by professionally qualified personnel.


5. BONDS AND INSURANCE

Performance Bond:

The Contractor shall furnish a performance bond in an amount at least equal to the ContractPrice as security for the faithful performance of all the Contractor's obligations under theContract Documents. All Bonds shall be in the forms prescribed by the bidding documentsand be executed by such Sureties as are licensed to conduct business in the State ofConnecticut and are named in the current list of "Companies Holding Certificates ofAuthority as Acceptable Sureties on Federal Bonds and as Acceptable ReinsuringCompanies" as published in Circular 570, amended by the Audit Staff Bureau of Accounts,U.S. Treasury Department. All Bonds signed by an agent must be accompanied by acertified copy of the authority to act.

If the Surety on any Bond furnished by the Contractor is declared bankrupt or becomesinsolvent or its right to do business is terminated in Connecticut or it ceases to meet therequirements of the above paragraph, the Contractor shall within five days thereaftersubstitute another Bond and Surety, both of which shall be acceptable to the Town.

Contractor's Liability Insurance:

The Contractor shall purchase and maintain such comprehensive general liability and otherinsurance as will provide protection from claims set forth below which may arise out of orresult from the Contractor's performance of the Work and Contractor's other obligationsunder the Contract Documents, whether such performance is by the Contractor, by anysubcontractor, by anyone directly or indirectly employed by any of them, or by anyone forwhose acts any of them may be liable:

Claims under worker's or workmen's compensation, disability benefits, and othersimilar employee benefit acts;

Claims for damages because of bodily injury, sickness or disease, or death of anyperson other than the Contractor's employees;

Claims for damages insured by personal injury liability coverage which are sustainedby any person as a result of an offense directly or indirectly related to the employmentof such person by the Contractor, or by any other person for any other reason;

Claims for damages, other than to the Work itself, because of injury to or destruction oftangible property, including loss of use resulting there from; and

Claims for damages because of bodily injury or death of any person or damage to anyproperty, attributed to ownership, maintenance, or use of any motor vehicle.


The insurance required by this paragraph shall include the specific coverage limits and bewritten for not less than the limits of liability and coverage provided in the SupplementalConditions, or required by law, whichever is greater. The comprehensive general liabilityinsurance shall include completed operations insurance. All such insurance shall contain aprovision that the coverage afforded will not be canceled, materially changed, or renewalrefused until at least thirty days' prior written notice has been given to the Town and theEngineer. All such insurance shall remain in effect until final payment and at all timesthereafter when the Contractor may be correcting, removing, or replacing defective Work.

Contractual Liability Insurance:

The comprehensive general liability insurance required above will include contractualliability insurance applicable to the Contractor's obligations.

Town's Liability Insurance:

The Town shall be responsible for purchasing and maintaining its own liability insuranceand, at its option, may purchase and maintain such insurance as will protect the Townagainst claims which may arise from operations under the Contract Documents.

Property Insurance:

Unless otherwise provided in the Supplemental Conditions, the Town shall purchase andmaintain property insurance upon the Work at the site to the full insurable value thereof(subject to such deductible amounts as may be provided in the Supplemental Conditions orrequired by law). This insurance shall include the interests of the Town, the Contractor,and subcontractors in the Work, shall insure against the perils of fire and extendedcoverage and shall include "all risk" insurance for physical loss and damage including theft,vandalism, and malicious mischief, collapse and water damage, and such other perils asmay be provided in the Supplemental Conditions, and shall include damages, losses, andexpenses arising out of or resulting from any insured loss or incurred in the repair orreplacement of any insured property (including fees and charges of engineers, architects,attorneys, and other professionals).

The Town shall not be responsible for purchasing and maintaining any property insuranceto protect the interests of the Contractor or subcontractors in the Work to the extent of anydeductible amounts. If the Contractor wishes property insurance coverage within the limitsof such amounts, the Contractor may purchase and maintain it at his own expense.

Waiver of Rights:

The Town and the Contractor waive all rights against each other and the subcontractors andtheir agents and employees and separate contractors (if any) and their subcontractors'agents and employees, for damages caused by fire or other perils to the extent covered byinsurance provided or any other property insurance applicable to the Work, except such


rights as they may have to the proceeds of such insurance held by the Town as trustee. TheContractor shall require written waivers from each subcontractor; each such waiver will bein favor of all other parties enumerated in this paragraph.

Receipt and Application of Proceeds:

Any insured loss under the policies of insurance required shall be adjusted with the Townand made payable to the Town as trustee for the insured, as their interests may appear,subject to the requirements of any applicable mortgage clause. The Town shall deposit in aseparate account any money so received, and it shall distribute it in accordance with suchagreement as the parties in interest may reach. If no other special agreement is reached thedamaged Work shall be repaired or replaced, the moneys so received applied on accountthereof and the Work and the cost thereof covered by an appropriate Change Order.

The Town as trustee shall have power to adjust and settle any loss with the insurers, unlessone of the parties in interest shall object in writing within fifteen days after the occurrenceof loss to the Town’s exercise of this power. If such objection be made, the Town astrustee shall make settlement with the insurers in accordance with such agreement as theparties in interest may reach.

Acceptance of Insurance:

If the Town has any objection to the coverage afforded by or other provisions of theinsurance required to be purchased and maintained by the Contractor on the basis of its notcomplying with the Contract Documents, the Town will notify the Contractor in writingthereof within ten days of the date of delivery of such certificates to the Town. If theContractor has any objection to the coverage afforded by or other provisions of the policiesof insurance required to be purchased and maintained by the Town on the basis of their notcomplying with the Contract Documents, the Contractor will notify the Town in writingthereof within ten days of the date of delivery of such certificates to the Contractor. TheTown and the Contractor will each provide to the other such additional information inrespect to insurance provided by him as the other may reasonably request. Failure by theTown or the Contractor to give any such notice of objection within the time provided shallconstitute acceptance of such insurance purchased by the other as complying with theContract Documents.

Partial Utilization - Property Insurance:

If the Town finds it necessary to occupy or use a portion or portions of the Work prior toSubstantial Completion of all the work, such use or occupancy may be accomplished;provided that no such use or occupancy shall commence before the insurers providing theproperty insurance have acknowledged notice thereof and in writing effected the changes incoverage necessitated thereby. The insurers providing the property insurance shall consentby endorsement on the policy or policies, but the property insurance shall not be canceledor lapse on account of any such partial use or occupancy.


6. CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence:

The Contractor shall supervise and direct the Work competently and efficiently, devotingsuch attention thereto and applying such skills and expertise as may be necessary toperform the Work in accordance with the Contract Documents. The Contractor shall besolely responsible for the means, methods, techniques, sequences, and procedures ofconstruction. The Contractor shall be responsible to see that the finished Work compliesaccurately with the Contract Documents.

The Contractor shall assign to the project a competent field superintendent. Thesuperintendent shall spend sufficient time at the site as necessary to insure that work isproceeding efficiently and in accordance with the Contract Documents.

The superintendent shall not be replaced, except on a temporary basis because of sickness,vacations, etc. without written notice to the Engineer.

The superintendent shall be the Contractor's representative at the site and shall haveauthority to act on behalf of the Contractor. All communications given to thesuperintendent shall be as binding as if given to the Contractor.

Labor, Materials, and Equipment:

The Contractor shall provide competent, suitably qualified personnel to survey and lay outthe Work and perform construction as required by the Contract Documents. The contractorshall at all times maintain good discipline and order at the site. Except in connection withthe safety or protection of persons or the Work or property at the site or adjacent thereto,and except as otherwise indicated in the Supplemental Conditions, all Work at the site shallbe performed during regular working hours, and the Contractor will not permit overtimework or the performance of work on Saturday, Sunday, or any legal holiday without theEngineer's written consent.

The Contractor shall furnish all materials, equipment, labor, transportation, construction,equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water andsanitary facilities, and all other facilities and incidentals necessary for the execution,testing, initial operation, and completion of the Work.

All materials and equipment shall be of good quality and new, except as otherwiseprovided in the Contract Documents. If required by the Engineer, the Contractor shallfurnish satisfactory evidence (including reports or required tests) as to the kind and qualityof materials and equipment.


All materials and equipment shall be 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 Contract Documents.

Equivalent Materials and Equipment:

Whenever materials or equipment are specified or described in the Drawings orSpecifications by using the name of a proprietary item or the name of a particularmanufacturer, fabricator, supplier, or distributor, the naming of the item is intended toestablish the type, function, and quality required. Unless the name is followed by wordsindicating that no substitution is permitted, materials or equipment of other manufacturers,fabricators, suppliers, or distributors may be accepted by the Engineer if sufficientinformation is submitted by the Contractor to allow the Engineer to determine that thematerial or equipment proposed is equivalent to that named. The procedure for review byEngineer will be as follows:

Requests for review of substitute items of material and equipment will not be accepted bythe Engineer from anyone other than the Contractor. If the Contractor wishes to furnish oruse a substitute item of material or equipment the Contractor shall make written applicationto the Engineer for acceptance thereof, certifying that the proposed substitute will performadequately the functions called for by the general design, be similar and of equal substanceto that specified, and be suited to the same use and capable of performing the same functionas that specified. The application will state whether or not acceptance of the substitute foruse in the Work will require a change in the Drawings or Specifications to adapt the designto the substitute. All variations of the proposed substitute from that specified shall beidentified in the application and available maintenance, repair, and replacement service willbe indicated. The application will also contain an itemized estimate of all costs that willresult directly or indirectly from acceptance of such substitute, including costs of redesignand claims of other contractors affected by the resulting change, all of which shall beconsidered by the Engineer in evaluating the proposed substitute. The Engineer mayrequire the Contractor to furnish at the Contractor's expense additional data about theproposed substitute. The Engineer will be the sole judge of acceptability, and no substitutewill be ordered or installed without the Engineer's prior written acceptance.

The Engineer will record time required by the Engineer and the Engineer's consultants inevaluating substitutions proposed by the Contractor and in making changes in the Drawingsor Specifications occasioned thereby. Whether or not the Engineer accepts a proposedsubstitute, the Contractor shall reimburse the Town for the charges of the Engineer andEngineer's consultants for evaluating any proposed substitute.

Concerning Subcontractors:

The Contractor shall not employ any subcontractor or other person or organization(including those who are to furnish the principal items of materials or equipment), whetherinitially or as a substitute, against whom the Town may have reasonable objection. A


subcontractor or other person or organization identified in writing to the Town by theContractor prior to the Notice of Award will be deemed acceptable to the Town.Acceptance of any subcontractor, other person, or organization by the Town shall notconstitute a waiver of any right of the Town to reject defective Work. If the Town orEngineer after due investigation has reasonable objection to any subcontractor, otherperson, or organization proposed by the Contractor after the Notice of Award, theContractor shall submit an acceptable substitute and the Contract Price shall be increased ordecreased by the difference in cost occasioned by such substitution, and an appropriateChange Order shall be issued. The Contractor shall not be required to employ anysubcontractor, other person, or organization against whom the Contractor has reasonableobjection.

The Contractor shall be fully responsible for all acts and omissions of his subcontractorsand of persons and organizations directly or indirectly employed by them and of personsand organizations for whose acts any of them may be liable to the same extent that theContractor is responsible for the acts and omissions of persons directly employed by theContractor. Nothing in the Contract Documents shall create any obligation on the part ofthe Town to pay or to see to the payment of any moneys due any subcontractor or otherperson or organization, except as may otherwise be required by law. The Town or theEngineer may furnish to any subcontractor or other person or organization, to the extentpracticable, evidence of amounts paid to the Contractor on account of specific Work done.

Patent Fees and Royalties:

The Contractor shall pay all license fees and royalties and assume all costs incident to theuse in the performance of the Work or the incorporation in the Work of any invention,design, process, product, or device which is the subject of patent rights or copyrights heldby others. The Contractor shall indemnify and hold harmless the Town and the Engineerand anyone directly or indirectly employed by either of them from and against all claims,damages, losses, and expenses (including attorneys' fees) arising out of any infringement ofpatent rights or copyrights incident to the use in the performance of the Work, and shalldefend all such claims in connection with any alleged infringement of such rights.

Permits:

Unless otherwise provided in the Supplemental Conditions, the Contractor shall obtain andpay for all construction permits and licenses. The Contractor shall pay all governmentalcharges and inspection fees necessary for the prosecution of the Work. The Contractorshall pay all charges of utility service companies for connections to the Work.

Laws and Regulations:

The Contractor shall give all notices and comply with all laws, ordinances, rules, andregulations, applicable to the Work. If the Contractor observes that the Specifications orDrawings are at variance therewith, the Contractor shall give the Engineer prompt written


notice thereof, and any necessary changes shall be adjusted by an appropriate ChangeOrder. If the Contractor performs any Work knowing or having reason to know that it iscontrary to such laws, ordinances, rules, and regulations, and without such notice to theEngineer, the Contractor shall bear all costs arising there from.

Use of Premises:

The Contractor shall confine construction equipment, the storage of materials andequipment, and the operations of workmen to areas permitted by law, ordinances, permits,or the requirements of the Contract Documents, and shall not unreasonably encumber thepremises with construction equipment or other materials or equipment.

During the progress of the Work, the Contractor shall keep the premises free fromaccumulation of waste materials, rubbish, and other debris resulting from the Work. At thecompletion of the Work, the Contractor shall remove all waste materials, rubbish, anddebris from and about the premises as well as all tools, appliances, construction equipmentand machinery, and surplus materials, and shall leave the site clean and ready foroccupancy by the Town. The Contractor shall restore to their original condition thoseportions of the site not designated for alteration by the Contract Documents.

The Contractor shall not load nor permit any part of any structure to be loaded in anymanner that will endanger the structure, nor shall the Contractor subject any part of theWork or adjacent property to stresses or pressures that will endanger it.

Taxes:

No amount shall be included in the bid price for Connecticut State Sales Tax or for FederalExcise and Transportation Taxes.

Record Documents:

The Contractor shall keep one record copy of all Specifications, Drawings, Addenda,Modifications, Shop Drawings, and samples at the site in good order and annotated to showall changes made during the construction process. These shall be available to the Engineerfor examination and shall be delivered to the Engineer upon completion of the Work.

Safety Protection:

The Contractor shall be responsible for initiating, maintaining, and supervising all safetyprecautions and programs in connection with the Work. The Contractor shall take allnecessary precautions for the safety of, and shall provide the necessary protection toprevent damage, injury of loss to:

All employees on the Work and other persons who may be affected thereby,


All the Work and all materials or equipment to be incorporated therein, whether instorage on or off the site, and

Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,pavements, roadways, structures, and utilities not designated for removal, relocation, orreplacement in the course of construction.

The Contractor shall comply with all applicable laws, ordinances, rules, regulations, andorders of any public body having jurisdiction for the safety of persons or property or toprotect them from damage, injury, or loss; and shall erect and maintain all necessarysafeguards for such safety and protection. The Contractor shall notify the Town of adjacentproperty and utilities when prosecution of the Work may affect them. All damage, injury,or loss to any property caused directly or indirectly, in whole or in part, by the Contractor,any subcontractor, or anyone directly or indirectly employed by any of them or anyone forwhose acts any of them may be liable, shall be remedied by the Contractor. TheContractor's duties and responsibilities for the safety and protection of the Work shallcontinue until such time as all the Work is completed.

The Contractor shall designate a responsible member of his organization at the site whoseduty shall be the prevention of accidents. This person shall be the Contractor'ssuperintendent unless otherwise designated in writing by the Contractor to the Engineer.

Emergencies:

In emergencies affecting the safety or protection of persons or the Work or property at thesite or adjacent thereto, the Contractor, without special instruction or authorization from theEngineer or the Town, is obligated to act to prevent threatened damage, injury, or loss. TheContractor shall give the Engineer prompt written notice of any significant changes in theWork or deviations from the Contract Documents caused thereby.

Shop Drawings and Samples:

After checking and verifying all field measurements, the Contractor shall submit to theEngineer for review and approval, in accordance with the accepted schedule of ShopDrawing submissions, five copies (unless otherwise specified in the General Requirements)of all Shop Drawings, which shall have been checked by and stamped with the approval ofthe Contractor and identified as the Engineer may require. The data shown on the ShopDrawings will be complete with respect to dimensions, design criteria, materials ofconstruction and like information to enable the Engineer to review the information asrequired.

The Contractor shall also submit to the Engineer for review and approval with suchpromptness as to cause no delay in Work, all samples required by the Contract Documents.All samples will have been checked by and stamped with the approval of the Contractorand identified as the Engineer may require. The data shown on the Shop Drawings will be


complete with respect to dimensions, design criteria, materials of construction, and likeinformation to enable the Engineer to review the information as required.

The Contractor shall also submit to the Engineer for review and approval with suchpromptness as to cause no delay in Work, all samples required by the Contract Documents.All samples will have been checked by and stamped with the approval of the Contractor,identified clearly as to material, manufacturer, any pertinent catalog numbers and the usefor which intended.

At the time of each submission, the Contractor shall in writing call the Engineer's attentionto any deviations that the Shop Drawings or samples may have from the requirements ofthe Contract Documents.

The Engineer will review and approve with reasonable promptness Shop Drawings andsamples, but the Engineer's review and approval shall be only for conformance with thedesign concept of the Project and for compliance with the information given in the ContractDocuments and shall not extend to measurements, dimensions, means, methods, sequences,techniques, or procedures of construction or to safety precautions or programs incidentthereto. The review and approval of a separate item as such will not indicate approval ofthe assembly in which the item functions. The Contractor shall make any correctionsrequired by the Engineer and shall return the required number of corrected copies of ShopDrawings and resubmit new samples for review and approval. The Contractor shall directspecific attention in writing to revisions other than the corrections called for by theEngineer on previous submittals. The Contractor's stamp of approval on any ShopDrawing or sample shall constitute a representation to the Engineer that the Contractor haseither determined and verified all quantities, dimensions, field construction criteria,materials, catalog number, and similar data or assumes full responsibility for doing so, andthat the Contractor has reviewed or coordinated each Shop Drawing or sample with therequirements of the Work and the Contract Documents.

Where a Shop Drawing or sample is required by the Specifications, no related Work shallbe commenced until the submittal has been reviewed and approved by the Engineer.

The Engineer's review and approval of Shop Drawings or samples shall not relieve theContractor from responsibility for any deviations from the Contract Documents, unless theContractor has in writing called the Engineer's attention to such deviation at the time ofsubmission and the Engineer has given written concurrence and approval to the specificdeviation, nor shall any concurrence or approval by the Engineer relieve the Contractorfrom responsibility for errors or omissions in the Shop Drawings.

Continuing the Work:

The Contractor shall carry on the Work and maintain the progress schedule during alldisputes or disagreements with the Town. No Work shall be delayed or postponed pending


resolution of any disputes or disagreements, except as the Contractor and the Town mayotherwise agree in writing.

Indemnification:

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmlessthe Town and the Engineer and their agents and employees from and against all claims,damages, losses, and expenses including but not limited to attorney's fees arising out of theperformance of the Work, provided that any such claim, damage, loss or expense (a) isattributable to bodily injury, sickness, disease, or death, or to injury to or destruction oftangible property (other than the Work itself) including the loss of use resulting there fromand (b) is caused in whole or in part by any negligent act or omission of the Contractor, anysubcontractor, anyone directly or indirectly employed by any of them or anyone for whoseacts any of them may be liable, regardless of whether or not it is caused in part by a partyindemnified hereunder.

In any and all claims against the Town or the Engineer or any of their agents or employeesby any employee of the Contractor, any subcontractor, anyone directly or indirectlyemployed by any of them, or anyone for whose acts any of them may be liable, theindemnification obligation shall not be limited in any way by any limitation of the amountof type of damages, compensation, or benefits payable by or for the Contractor or anysubcontractor under workers' or workmen's compensation acts, disability benefit acts, orother employee benefit acts.

7. WORK BY OTHERS

The Town may perform additional work related to the Project by itself, or have additionalwork performed by utility service companies, or let other direct contracts therefore whichshall contain General Conditions similar to these. The Contractor shall afford the Town,utility service companies, and the other contractors who are parties to such direct contractreasonable opportunity for the introduction and storage of materials and equipment and theexecution of work, and shall properly connect and coordinate his Work with theirs.

If any part of the Contractor's Work depends, for proper execution or results, upon thework of any such other Contractor or utility service company, the Contractor shall inspectand promptly report to the Engineer in writing any patent or apparent defects ordeficiencies in such work that render it unsuitable for such proper execution and results.The Contractor's failure to so report shall constitute an acceptance of the other work as fitand proper for integration with the Contractor's Work except for latent or non-apparentdefects and deficiencies in the other work.

The Contractor shall do all cutting, fitting, and patching of his Work that may be requiredto make its several parts come together properly and integrate with such other work. TheContractor shall not endanger any work of others by cutting, excavating, or otherwise


altering their work and will only cut or alter their work with the written consent of theEngineer and the others whose work will be affected.

If the performance of additional work by other contractors or utility service companies orthe Town was not noted in the Contract Documents, written notice thereof shall be giventhe Contractor prior to starting any such additional work.

8. TOWN'S RESPONSIBILITIES

The Town shall furnish the data required of the Town under the Contract Documentspromptly and shall make payments to the Contractor promptly after they are approved inaccordance with the provisions of the Supplemental Conditions.

9. ENGINEER'S STATUS DURING CONSTRUCTION

Town Representative:

The Engineer shall act as a representative for the Town during the construction period. Theduties and responsibilities and the limitations of authority of the Engineer as the Town’srepresentative during construction are set forth in the Contract Documents and shall not beextended without written consent of the Town and the Engineer.

Visits to Site:

The Engineer or his representative shall make visits to the site at intervals appropriate tothe various stages of construction to observe the progress and quality of the executed Workand to determine, in general, if the Work is proceeding in accordance with the ContractDocuments.

Clarifications and Interpretations:

The Engineer shall issue with reasonable promptness such written clarifications orinterpretations of the Contract Documents (in the form of Drawings or otherwise) as theEngineer may determine necessary.

Rejecting Defective Work:

The Engineer shall have authority to disapprove or reject Work which is defective, andshall also have authority to require special inspection or testing of the Work whether or notthe Work is fabricated, installed, or completed.

Decisions on Disagreements:

The Engineer shall be the interpreter of the requirements of the Contract Documents andjudge of the acceptability of the Work there under. Claims, disputes, and other matters


relating to the acceptability of the Work or the interpretation of the requirements of theContract Documents pertaining to the execution and progress of the Work shall be referredto the Engineer in writing with a request for a formal decision in accordance with thisparagraph, which the Engineer shall render in writing within a reasonable time.

Limitations on the Engineer's Responsibilities:

Neither the Engineer's authority to act under the Contract Documents nor any decisionmade by the Engineer in good faith either to exercise or not exercise such authority shallgive rise to any duty of responsibility of the Engineer to the Contractor, any subcontractor,any manufacturer, fabricator, supplier, or distributor, or any of their agents or employees,or any other person performing any of the Work.

Whenever in the Contract Documents the terms "as ordered," "as directed," "as required,""as allowed," or "reasonable," "suitable," "acceptable," "proper," or "satisfactory" oradjectives of like effect or import are used, to describe requirement, direction, review, orjudgment will be solely to evaluate the Work for compliance with the Contract Documents.The use of any such term or adjective never indicates that the Engineer shall have authorityto supervise or direct performance of the Work or authority to undertake responsibilitycontrary to the provisions of the following:

The Engineer will not be responsible for the Contractor's means, methods, techniques,sequences, or procedures of construction, or the safety precautions and programsincident thereto.

The Engineer will not be responsible for the acts or omissions of the Contractor or ofany subcontractors, or of the agents or employees of any Contractor or subcontractor, orof any other persons at the site or otherwise performing any of the Work.

10. CHANGES IN THE WORK

Without invalidating the Agreement, the Town may at any time or from time to time, orderadditions, deletions, or revisions in the Work; these will be authorized by Change Orders.Upon receipt of a Change Order, the Contractor shall proceed with the Work involved. Allsuch Work shall be executed under the applicable conditions of the Contract Documents. Ifany Change Order causes an increase or decrease in the Contract Price or an extension orshortening of the Contract Time, an equitable adjustment will be made.

The Engineer may authorize minor changes in the Work not involving an adjustment in theContract Price or the Contract Time, which are consistent with the overall intent of theContract Documents. These may be accomplished by a Field Order and shall be binding onthe Town and also on the Contractor who shall perform the change promptly. If theContractor believes that a Field Order justifies an increase in the Contract Price or ContractTime, he shall notify the Engineer promptly in writing.


Additional Work performed without authorization of a Change Order will not entitle theContractor to an increase in the Contract Price or an extension of the Contract Time, exceptin the case of an emergency.

If notice of any change affecting the general scope of the Work or change in the ContractPrice is required by the provisions of any Bond to be given to the Surety, it will be theContractor's responsibility to so notify the Surety, and the amount of each applicable Bondshall be adjusted accordingly. The Contractor shall furnish proof of such adjustment to theTown.

11. CHANGE OF CONTRACT PRICE

The Contract Price constitutes the total compensation (subject to authorized adjustments)payable to the Contractor for performing the Work. All duties, responsibilities, andobligations assigned to or undertaken by the Contractor shall be at his expense withoutchange in the Contract Price.

The Contract Price may only be changed by a Change Order. Any claim for an increase inthe Contract Price shall be based on written notice delivered to the Town and the Engineerwithin fifteen days of the occurrence of the event giving rise to the claim. Notice of theamount of the claim with supporting data shall be delivered within forty-five days of suchoccurrence unless the Engineer allows an additional period of time to ascertain accuratecost data. All claims for adjustment in the Contract Price shall be reviewed by theEngineer and after reviewing the Engineer's recommendation and any other relatedinformation; the Town shall determine and approve any appropriate change in the ContractPrice. Any change in the Contract Price resulting from any such claim shall beincorporated in a Change Order.

The value of any work covered by a Change Order or of any claim for an increase ordecrease in the Contract Price shall be determined in one of the following ways:

Where the Work involved is covered by unit prices contained in the ContractDocuments, by application of unit prices to the quantities of the items involved.

By mutual agreement by the Town and the Contractor, acceptance of a lump sum.

On the basis of the Cost of the Work plus a Contractor's Fee for overhead and profit(determined as follows):

Cost of the Work:

The term Cost of the Work means the sum of all costs necessarily incurred and paid by theContractor in the proper performance of the Work. Except as otherwise may be agreed toin writing by the Town such costs shall be in amounts no higher than those prevailing in thelocality of the Project and shall include only the following items:


Payroll costs for employees in the direct employ of the Contractor in the performanceof the Work under schedules of job classifications agreed upon by the Town and theContractor. Payroll costs for employees not employed full-time on the Work shall beapportioned on the basis of their time spent on the Work. Payroll costs shall include,but not be limited to, salaries and wages plus the cost of fringe benefits which shallinclude social security contributions, unemployment, excise and payroll taxes, workers'or workmen's compensation, health and retirement benefits, bonuses, sick leave,vacation and holiday pay applicable thereto. Such employees shall includesuperintendents and foremen at the site. The expenses of performing Work afterregular working hours, on Sunday or legal holidays shall be included in the above to theextent authorized by the Town. When in the opinion of the Engineer it becomesnecessary to perform work outside regular working hours or to employ additional laborin order to maintain the Contractor's progress schedule, the Contractor shall do sowithout extra compensation.

Cost of all materials and equipment furnished and incorporated in the Work, includingcosts of transportation and storage thereof, and manufacturers' field services required inconnection therewith. All discounts, rebates and refunds, and all returns from sale ofsurplus materials and equipment shall accrue to the Town, and the Contractor shallmake provisions so that they may be obtained.

Payments made by the Contractor to the subcontractors for Work performed bysubcontractors. If required by the Town, the Contractor shall obtain competitive bidsfrom subcontractors acceptable to the Contractor and shall deliver such bids to theTown who will then determine, with the advice of the Engineer, which bids will beaccepted. If a subcontract provides that the subcontractor is to be paid on the basis ofCost of the Work plus a fee, the subcontractor's Cost of the Work shall be determinedin the same manner as the Contractor's Cost of the Work. All subcontracts shall besubject to the other provisions of the Contract Documents in so far as applicable.

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

Supplemental costs including the following:

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

Cost, including transportation, maintenance, fuel and utility charges of all materials,supplies, equipment, machinery, appliances, office, and temporary facilities at the siteand hand tools not owned by the workmen, which are consumed in the performance ofthe Work, and cost, less market value, of such items used but not consumed whichremain the property of the Contractor.


Rentals of all construction equipment and machinery and the parts thereof whetherrented from the Contractor or others in accordance with rental agreements approved bythe Engineer, and the costs of transportation, loading, unloading, installation,dismantling, and removal thereof - all in accordance with terms of said rentalagreements. The rental of any such equipment, machinery, or parts shall cease whenthe use thereof is no longer necessary for the Work.

Cost of premiums for additional Bonds and insurance required because of changes inthe Work.

The term Cost of the Work shall not include any of the following:

Payroll costs and other compensation of the Contractor's officers, executives, principals(of partnership and sole proprietorships), general managers, engineers, architects,estimators, lawyers, auditors, accountants, purchasing, and contracting agents,expediters, timekeepers, clerks, and other personnel employed by the Contractorwhether at the site or in his principal or a branch office for general administration of theWork - all of which are to be considered administrative costs covered by theContractor's Fee.

Costs and expenses associated with the Contractor's principal and branch offices otherthan the Contractor's office at the site.

Any part of the Contractor's capital expenses, including interest on the Contractor'scapital employed for the Work and charges against the Contractor for delinquentpayments.

Cost of premiums for all Bonds and for all insurance whether or not the Contractor isrequired by the Contract Documents to purchase and maintain the same (except foradditional Bonds and insurance required because of changes in the Work).

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

Other overhead or general expense costs of any kind and the costs of any item notspecifically included.

Contractor's Fee:

The Contractor's Fee allowed to the Contractor for overhead and profit shall be determinedas follows:


A mutually acceptable fixed fee; or if none can be agreed upon, a fee based on thefollowing percentages of the various portion of the Cost of the Work:

For Payroll and material costs, the Contractor's Fee shall be ten percent (10%),

For subcontractor costs, the Contractor's Fee shall be five percent (5%); and if asubcontract is on the basis of Cost of the Work plus a Fee, the maximum allowableto the subcontractor as a fee for overhead and profit shall be ten percent (10%), andno fee shall be payable on the basis of any other costs.

For any amount of credit allowed from the Contractor to the Town for any such changewhich results in a net decrease. When both additions and credits are involved in anyone change, the combined overhead and profit shall be figured on the basis of the netincrease, if any.

Adjustment of Prices:

Whenever the cost of any Work is to be determined pursuant to the above paragraphs, theContractor will submit in for acceptable to the Engineer an itemized cost breakdowntogether with supporting data.

Cash Allowances:

It is understood that the Contractor has included in the Contract Price all allowances sonamed in the Contract Documents and shall cause the Work so covered to be done by suchsubcontractors, manufacturers, fabricators, suppliers, or distributors and for such sumswithin the limit of the allowances as may be acceptable to the Engineer. Upon finalpayment, the Contract Price shall be adjusted as required and an appropriate Change Orderissued. The Contractor agrees that the original Contract price includes such sums as theContractor deems proper for costs and profit on account of cash allowances. No demandfor additional cost or profit in connection therewith will be valid.

12. CHANGE OF THE CONTRACT TIME

The Contract Time may only be changed by a Change Order. Any claim for an extensionin the Contract Time shall be based on written notice delivered to the Engineer withinfifteen days of the occurrence of the event giving rise to the claim. Notice of the extent ofthe claim with supporting data shall be delivered within forty-five days of such occurrence,unless the Engineer allows an additional period of time to ascertain more accurate data. Allclaims for adjustment in the Contract Time shall be reviewed by the Engineer and afterreviewing the Engineer's recommendation and any other related information; the Townshall determine and approve any appropriate change in the Contract Time. Any change inthe Contract Time resulting from any such claim shall be incorporated in a Change Order.


The Contract Time may be extended in an amount equal to time lost due to delays beyondthe control of the Contractor if a claim is made therefore. Such delays may include, but notbe limited to, acts or neglect by the Town or to fires, floods, labor disputes, epidemics,abnormal weather conditions, or acts of God.

All time limits stated in the Contract Documents are of the essence of the Agreement.

13. WARRANTY AND GUARANTEE; TESTS AND INSPECTION; CORRECTION,REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK

Warranty and Guarantee:

The Contractor warrants and guarantees to the Town and the Engineer that all Work will bein accordance with the Contract Documents and will not be defective. Prompt notice of alldefects shall be given to the Contractor. All defective Work, whether or not in place, maybe rejected, corrected, or accepted.

Access to Work:

The Engineer and the Engineer's representatives, other representatives of the Town, testingagencies, and governmental agencies with jurisdictional interests will have access to theWork at reasonable times for their observation, inspection, and testing. The Contractorshall provide proper and safe conditions for such access.

Test and Inspections:

The Contractor shall give the Engineer timely notice of readiness of the Work for allrequired inspections, tests, or approvals.

If any law, ordinance, rule, regulation, code, or order of any public body having jurisdictionrequires any Work (or part thereof) to specifically be inspected, tested, or approved, theContractor shall assume full responsibility therefore, pay all costs in connection therewithand furnish the Engineer the required certificates of inspection, testing, or approval. TheContractor shall also be responsible for and shall pay all costs in connection with anyinspection or testing required in connection with the Town’s or the Engineer's acceptanceof a manufacturer, fabricator, supplier, or distributor of materials or equipment proposed tobe incorporated in the Work, or of materials or equipment submitted for approval prior tothe Contractor's purchase thereof for incorporation in the Work.

All inspections, tests, or approvals other than those required by law, ordinance, rule,regulation, code or order of any public body having jurisdiction shall be performed byorganizations acceptable to the Engineer and the Contractor.

If any Work that is to be inspected, tested, or approved is covered without writtenconcurrence of the Engineer, it must, if requested by the Engineer, be uncovered for


observation. Such uncovering shall be at the Contractor's expense unless the Contractorhas given the Engineer timely notice of the Contractor's intention to cover such Work andthe Engineer has not acted with reasonable promptness in response to such notice.

Neither observations by the Engineer nor inspections, tests, or approvals by others shallrelieve the Contractor from his obligations to perform the Work in accordance with theContract Documents.

Uncovering Work:

If any Work is covered contrary to the request of the Engineer, it must, if requested by theEngineer, be uncovered for the Engineer's observation and replaced at the Contractor'sexpense.

If the Engineer considers it necessary or advisable that covered Work be observed by theEngineer or inspected or tested by others, the Contractor, at the Engineer's request, shalluncover, expose, or otherwise make available for observation, inspection, or testing as theEngineer may require, that portion of the Work in question, furnishing all necessary labor,material, and equipment. If it is found that such Work is defective, the Contractor shallbear all the expenses of such uncovering, exposure, observation, inspection, and testing andof satisfactory reconstruction, including compensation for additional professional services.

Town May Stop the Work:

If the Work is defective, or the Contractor fails to supply sufficient skilled workmen orsuitable materials or equipment, the Engineer may order the Contractor to Stop the Work,or any portion thereof, until the cause for such order has been eliminated; however, thisright of the Town to Stop the Work shall not give rise to any duty on the part of the Townto exercise this right for the benefit of the Contractor or any other party.

Correction or Removal of Defective Work:

If required by the Engineer, the Contractor shall promptly, without cost to the Town and asspecified by the Engineer, correct any defective Work, whether or not fabricated, installedor completed, or, if the Work has been rejected by the Engineer, remove it from the site andreplace it with non-defective Work.

One Year Correction Period:

If within one year after the date of Substantial Completion or such longer period of time asmay be prescribed by law or by the terms of any applicable special guarantee required bythe Contract Documents or by any specific provision of the Contract Documents, any Workis found to be defective, the Contractor shall promptly, without cost to the Town and inaccordance with the Town 's written instructions, either correct such defective Work, or if ithas been rejected by the Town, remove it from the site and replace it with non-defective


Work. Where it is required for the Contractor to repair, replace, resurface, reseed, replantor to modify, alter, add, or remove hardware, parts, components, or related accessories forthe purpose of ensuring proper appearance, performance, or operation, such operationsshall be done as required by the Contractor until such time as acceptable performance hasbeen established. Problems which occur shall be corrected in an appropriate fashion underguarantee. The Contractor shall be responsible to attend to and remedy such items within areasonable amount of time. Appropriate logs, schedules, and reports shall be maintained toreflect these items and their redress. If the Contractor does not promptly comply with theterms of such instruction, or in an emergency where delay would cause serious risk of lossor damage, the Town may have the defective Work corrected or the rejected Work removedand replaced, and all direct and indirect costs of such removal and replacement, includingcompensation for additional professional services, shall be paid by the Contractor.

Acceptance of Defective Work:

If, instead of requiring correction or removal and replacement of defective Work, the Townprefers to accept it, the Town may do so. In such case, if acceptance occurs prior to finalpayment, a Change Order shall be issued incorporating the necessary revisions in theContract Documents, including appropriate reduction in the Contract Price; if theacceptance occurs after such final payment, an appropriate amount shall be paid by theContractor to the Town.

Town May Correct Defective Work:

If the Contractor fails within a reasonable time after written notice of the Engineer toproceed to correct defective Work or to remove and replace rejected Work as required bythe Engineer, or if the Contractor fails to perform the Work in accordance with the ContractDocuments (including any requirements of the progress schedule), the Town may, afterseven days' written notice to the Contractor, correct and remedy any such deficiency. Inexercising its rights under this paragraph the Town shall proceed expeditiously to the extentnecessary to complete corrective and remedial action, the Town may exclude theContractor from all or part of the site, take possession of all or part of the Work, andsuspend the Contractor's services related thereto, and incorporate in the Work all materialsand equipment stored at the site or for which the Town has paid the Contractor but whichare stored elsewhere. The Contractor shall allow the Town, the Town's representatives,agents and employees such access to the site as may be necessary to enable the Town toexercise its rights under this paragraph. All direct and indirect costs of the Town inexercising such rights shall be charged against the Contractor in an amount verified by theEngineer, and a Change Order shall be issued incorporating the necessary revisions in theContract Documents and a reduction in the Contract Price. Such direct and indirect costsshall include, in particular but without limitation, compensation for additional professionalservices required and all costs of repair and replacement of work of others destroyed ordamaged by correction, removal or replacement of the Contractor's defective Work. TheContractor shall not be allowed an extension of the Contract Time because of any delay in


performance of the work attributable to the exercise by the Town of the Town rightshereunder.

14. PAYMENTS TO CONTRACTOR AND COMPLETION

Schedules:

At least ten days prior to submitting the first Application for a progress payment, theContractor shall submit to the Engineer a progress schedule, a final schedule of ShopDrawing submission, and where applicable, a schedule of values of the Work. Theseschedules shall be satisfactorily in form and substance to the Engineer. The schedule ofvalues shall include quantities and unit prices aggregating the Contract Price, and shallsubdivide the Work into component parts in sufficient detail to serve as the basis forprogress payment during construction. Upon acceptance of the schedule of values by theEngineer, it shall be incorporated into a form of Application for Payment acceptable to theEngineer.

Application for Progress Payment:

At least ten days before each progress payment falls due (but not more often than once amonth), the Contractor shall submit to the Engineer for review an Application for Paymentfilled out and signed by the Contractor covering the Work completed as of the date of theApplication and accompanied by such supporting documentation as is required by theContract Documents and also as the Engineer may reasonably require. Each subsequentApplication for Payment shall include an affidavit of the Contractor stating that all previousprogress payment received on account of the Work have been applied to discharge in fullall of the Contractor's obligations reflected in prior Applications for Payment. The amountof retainage with respect to progress payments will be as stipulated in the ContractDocuments.

Contractor's Warranty of Title:

The Contractor warrants and guarantees that title to all Work, materials, and equipmentcovered by any Application for payment, whether incorporated in the project or not, willpass to the Town at the time of payment free and clear of all liens, claims, securityinterests, and encumbrances.

Review of Applications for Progress Payment:

The Engineer will, within ten days after receipt of each Application for Payment, eitherindicate in writing a recommendation of payment and present the Application to the Town,or return the Application to the Contractor indicating in writing the Engineer's reasons forrefusing the recommend payment. In the latter case, the Contractor may make thenecessary corrections and resubmit the Application.


The Engineer may refuse to recommend the whole or any part of any payment if, in hisopinion, it would be incorrect to make such representations. He may also refuse torecommend any such payment or, because of subsequently discovered evidence or theresults of subsequent inspections or tests, nullify any such payment previouslyrecommended to such extent as may be necessary in the Engineer's opinion to protect theTown from loss because:

the Work is defective, or completed Work has been damaged requiring correction orreplacement,

written claims have been made against the Town in connection with the Work,

the Contract Price has been reduced,

the Town has been required to correct defective Work or complete the Work,

of the Contractor's unsatisfactory prosecution of the Work in accordance with theContract Documents, and/or

the Contractor's failure to make payment to subcontractors, or to make payment forlabor, materials, or equipment.

Substantial Completion:

When the Contractor considers the entire Work ready for its intended use the Contractorshall, in writing to the Engineer, certify that the entire Work is substantially complete andrequest that the Engineer issue a certificate of Substantial Completion. Within a reasonabletime thereafter, the Contractor and Engineer shall make an inspection of the Work todetermine the status of completion. If the Engineer does not consider the Worksubstantially complete, the Engineer will notify the Contractor in writing giving his reasonstherefore. If the Engineer considers the Work substantially complete, the Engineer willprepare certificate of Substantial Completion which shall fix the date of SubstantialCompletion. There shall be attached to the certificate a list of items to be completed orcorrected before final payment.

The Town shall have the right to exclude the Contractor from the Work after the date ofSubstantial Completion, but the Town shall allow the Contractor reasonable access tocomplete or correct items on the list.

Partial Utilization

Use by the Town of completed portions of the Work may be accomplished prior toSubstantial Completion of all the Work subject to the following:


The Town at any time may request the Contractor in writing to permit the Town to useany part of the Work which the Town believes to be substantially complete and whichmay be so used without significant interference with construction of the other parts ofthe Work. If the Contractor agrees, the Contractor will certify to the Town and theEngineer that said part of the Work is substantially complete and request the Engineerto issue a certificate of Substantial Completion for that part for the Work. Within areasonable time thereafter, the Contractor and Engineer shall make an inspection of thatpart of the Work to determine its status of completion. If the Engineer does notconsider that part of the Work to be substantially complete, the Engineer will notify theContractor in writing giving his reasons therefore. If the Engineer considers that part ofthe Work to be substantially complete, the Engineer will execute and deliver to theContractor a certificate to that effect, fixing the date of Substantial Completion as tothat part of the Work, attaching thereto a list of items to be completed or correctedbefore final payment.

In lieu of the issuance of a certificate of Substantial Completion as to part of the Work,the Town may take over operation of a facility constituting part of the Work whether ornot it is substantially complete if such facility is functionally and separately useable;provided that prior to any such takeover, the Town and Contractor have agreed as to thedivision of responsibilities between the Town and Contractor for security, operation,safety, maintenance, correction period, heat, utilities, and insurance with respect to suchfacility.

Final Inspection:

Upon written notice from the Contractor that the Work is complete, the Engineer will makea final inspection with the Contractor and will notify the Contractor in writing of allparticulars in which this inspection reveals that the Work is incomplete or defective. TheContractor shall immediately take such measures as are necessary to remedy suchdeficiencies.

Final Application for Payment:

After the Contractor has completed all such corrections to the satisfaction of the Engineerand delivered all maintenance and operating instructions, schedules, guarantees, Bonds,certificates of inspection, marked-up record documents, and other documents - all asrequired by the Contract Documents, and after the Engineer has indicated that the work isacceptable, the Contractor may make application for final payment following the procedurefor progress payments. The final Application for Payment shall be accompanied by alldocumentation called for in the Contract Documents and such other data and schedules asthe Engineer may reasonably require, together with complete and legally effective releasesor waivers (satisfactory to the Town) of all claims arising out of or filed in connection withthe Work. In lieu thereof and as approved by the Town, the Contractor may furnishreceipts or releases in full; an affidavit of the Contract that the releases and receipts includeall labor, services, material, and equipment for which a claim could be filed, and that all


payrolls, material and equipment bills, and other indebtedness connected with the Work forwhich the Town or its property might in any way be responsible, have been paid orotherwise satisfied; and consent of the Surety, if any, to final payment.

Final Payment and Acceptance:

If, on the basis of the Engineer's observation of the Work during construction and finalinspection, and the Engineer's review of the final Application for Payment andaccompanying documentation - all as required by the Contract Documents, the Engineer issatisfied that the Work has been completed and the Contractor has fulfilled all of hisobligations under the Contract Documents, the Engineer will, within ten days after receiptof the final Application for Payment, process the Application for payment. Otherwise, theEngineer will return the Application to the Contractor, indicating in writing the reasons forrefusing to process final payment, in which case the Contractor shall make the necessarycorrections and resubmit the Application.

Contractor's Continuing Obligation:

The Contractor's obligation to perform and complete the Work in accordance with theContract Documents shall be absolute. Neither recommendation of any progress or finalpayment by the Engineer, nor the issuance of a certificate of Substantial Completion, norany payment by the Town to the Contractor under the Contract Documents, nor any use oroccupancy of the Work or any part thereof by the Town, nor any act of acceptance by theTown nor any failure to do so, nor the issuance of a notice of acceptability by the Engineer,nor any correction of defective Work by the Town shall constitute an acceptance of Worknot in accordance with the Contract Documents or a release of the Contractor's obligationto perform the Work in accordance with the Contract Documents.

Waiver of Claims:

The making and acceptance of final payment shall constitute:

A waiver of claims by the Town against the Contractor except for claims arising fromunsettled debts, from defective Work appearing after final inspection or from failure tocomply with the Contract Documents or the terms of any special guarantees specifiedtherein; and it shall not constitute a waiver by the Town of any rights in respect of theContractor's continuing obligations under the Contract Documents, and a waiver of allclaims by the Contractor against the Town other than those previously made in writing andstill unsettled.

15. SUSPENSION OF WORK AND TERMINATION

The Town May Terminate:

Upon the occurrence of any one or more of the following events:


if the Contractor is adjudged a bankrupt or insolvent,

if the Contractor makes a general assignment of the benefit of creditors,

if a trustee or receiver is appointed for the Contractor or for any of the Contractor'sproperty,

if the Contractor files a petition to take advantage of any debtor's act, or to reorganizeunder the bankruptcy or similar laws,

if the Contractor repeatedly fails to supply sufficient skilled workmen or suitablematerials or equipment,

if the Contractor repeatedly fails to make prompt payments to the subcontractors or forlabor, materials, or equipment,

if the Contractor disregards laws, ordinances, rules, regulations, or orders of any publicbody having jurisdiction,if the Contractor disregards the authority of the Engineer, or

if the Contractor otherwise violates in any substantial way any provisions of theContract Documents.

The Town may after giving the Contractor and his Surety seven days' written notice,terminate the services of the Contractor, exclude the Contractor from the site and takepossession of the Work, incorporate in the Work all materials and equipment stored at thesite or for which the Town has paid the Contractor but which are stored elsewhere, andfinish the Work as the Town may deem expedient. In such case the Contractor shall not beentitled to receive any further payment until the Work is finished. If the unpaid balance ofthe Contract Price exceeds the direct and indirect costs of completing the Work, includingcompensation for additional professional services, such excess shall be paid to theContractor. If such costs exceed such unpaid balance, the Contractor shall pay thedifference to the Town. Such costs incurred by the Town shall be incorporated in a ChangeOrder, but in finishing the Work the Town shall not be required to obtain the lowest figurefor the Work performed.

Where the Contractor's services have been so terminated by the Town, the termination shallnot affect any rights of the Town against the Contractor then existing or which maythereafter accrue. Any retention or payment of monies due the Contractor by the Townwill not release the Contractor from liability.

Upon seven days' written notice to the Contractor, the Town may, without cause andwithout prejudice to any other right or remedy, elect to abandon the Work and terminate


the Agreement. In such case, the Contractor shall be paid for all Work executed and anyexpense sustained plus reasonable expenses.

Contractor May Stop Work or Terminate:

If, through no act or fault of the Contractor, the Work is suspended for a period of morethan ninety days by the Town or under an order of court or other public authority, or theEngineer fails to act on an Application for Payment within thirty days after it is submitted,or the Town fails for sixty days to pay the Contractor any sum finally determined to be due,then the Contractor may, upon fourteen days' written notice to the Town and the Engineer,terminate the Agreement and recover from the Town payment for all Work executed andany expense sustained. In addition and in lieu of terminating the Agreement, if theEngineer has failed to act on an Application for Payment or the Town has failed to makeany payment as aforesaid, the Contractor may upon seven days' notice to the Town and theEngineer Stop the Work until payment of all amounts then due. The provisions of thisparagraph shall not relieve the Contractor of his obligations to carry on the Work inaccordance with progress schedule and without delay during disputes and disagreementswith the Town.

16. MISCELLANEOUS

Giving Notice:

Whenever any provision of the Contract Documents requires the giving of written notice itshall be deemed to have been validly given if delivered in person to the individual or to amember of the firm or to an officer of the corporation for whom it is intended, or ifdelivered at or sent by registered or certified mail, postage prepaid, to the last businessaddress known to the giver of the notice.

Computation of Time:

When any period of time is referred to in the Contract Documents by days, it shall becomputed to exclude the first and include the last day of such period. If the last day of anysuch period falls on a Saturday or Sunday or on a day made a legal holiday by the law ofthe applicable jurisdiction, such day shall be omitted from the computation.

General:

Should the Town or the Contractor suffer injury or damage to his person or propertybecause of any error, omission, or act of the other part or of any of the other party'semployees or agents or others for whose acts the other part is legally liable, claim shall bemade in writing to the other part within a reasonable time of the first observance of suchinjury or damage.


The duties and obligations imposed by these General Conditions and the rights andremedies available hereunder to the parties hereto, and, in particular but without limitation,the warranties, guarantees, and obligations imposed upon the Contractor and all of therights and remedies available to the Town and the Engineer there under, shall be in additionto, and shall not be construed in any way as a limitation of, any rights and remediesavailable to any or all of them which are otherwise imposed or available by law or contract,by special warranty or guarantee or by other provisions of the Contract Documents, and theprovisions of this paragraph shall be as effective as if repeated specifically in the ContractDocuments in connection with each particular duty, obligation, right and remedy to whichthey apply. All representations, warranties, and guarantees made in the ContractDocuments shall survive final payment and termination or completion of this Agreement.

Non-Discrimination:

The Contractor shall agree and warrant that in the performance of the contract, he will notdiscriminate or permit discrimination against any person or group of persons on the groundof race, color, religious creed, age, marital status, national origin, sex, or physicaldisability, including, but not limited to, blindness, unless it is shown by the Contractor thatsuch disability prevents performance of the work involved in any manner prohibited by thelaws of the United States or of the State of Connecticut. The Contractor shall further agreeto provide the Commission on Human Rights and Opportunities with such informationrequested by the Commission concerning the employment practices and procedures of theContractor as they relate to the provisions of Section 4-11a of the Connecticut GeneralStatus as amended.

Affirmative Action:

If requested by the Town, the Contractor shall submit details of this Affirmative ActionProgram. Such program shall be modified as and where necessary to meet therequirements of the Town and shall remain in force throughout the contract period.

END GENERAL CONDITIONS

SUPPLEMENTAL CONDITIONS


PAGE

1. Scope of Work..................................................................................................... SC-12. Schedule and Time of Completion ....................................................................... SC-13. Liquidated Damages ............................................................................................ SC-14. Delay Due to Material Delivery ........................................................................... SC-25. Fair Employment Practices .................................................................................. SC-26. Contract Drawings ............................................................................................... SC-27. Safety .................................................................................................................. SC-38. Call-Before-You-Dig ........................................................................................... SC-39. Dust Control ........................................................................................................ SC-310. Lines, Grades and Measurements......................................................................... SC-311. Laws ................................................................................................................... SC-412. Public Access ...................................................................................................... SC-413. Blasting and Explosives ....................................................................................... SC-414. Basis of Payment ................................................................................................. SC-615. Description of Work ............................................................................................ SC-616. Methods of Construction ..................................................................................... SC-717. Mobilization and Demobilization......................................................................... SC-718. Existing Conditions ............................................................................................. SC-819. Existing Sewers and Culverts .............................................................................. SC-820. Surplus and Rejected Excavated Material ............................................................ SC-821. Daily Cleanup ..................................................................................................... SC-822. Construction Schedule ......................................................................................... SC-8

PROJECT MANUALTHE RECONSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 SC-1


The following supplemental conditions shall modify, delete, and/or add to the GeneralConditions. Where any article, paragraph, or subparagraph in the General Conditions issupplemented by one of the following paragraphs, the provisions of such article, paragraph, orsubparagraph shall remain in effect and the supplemental provisions shall be considered as addedthereto. Where any article, paragraph, or subparagraph in the General Conditions is amended,voided, or superseded by any of the following paragraphs, the provision of such article,paragraph, or subparagraph not so amended, voided, or superseded shall remain in effect.

1. SCOPE OF WORK

The work to be completed under this Contract includes the Reconstruction of theBasketball Court at John Chanda Park,

The Town reserves the right to decrease the Scope of Work to be done under thisContract, select bid or alternate items in his best interest, and to omit any work in order tobring the cost within available funds. Exercise by the Town of the above rights shall notconstitute any grounds or basis of claim for damages or for anticipated profits on workomitted.

2. SCHEDULE AND TIME OF COMPLETION

Actual work on-site is anticipated to begin June 1, 2012.

The Contractor shall fully complete all work including final restoration* and clean-upwithin forty (40) calendar days following issuance of the Notice to Proceed.

*Note: Seeding to restore disturbed areas beyond the timeframe for completion due hotweather shall not be a cause for delay or for penalty.

3. LIQUIDATED DAMAGES

The Contractor will proceed with the work at such rate of progress to ensure fullcompletion within the time requirements stated above. It is expressly understood andagreed by and between the Contractor and the Town that the contract items for thecompletion of the work described herein shall be reasonable, taking into consideration theclimatic and economic conditions and other factors prevailing in the locality of the work.

If the Contractor shall fail to complete the work within the contract times, or extension oftime granted by the Town, then the Contractor and his sureties shall be liable for andshall pay to the Town for each and every calendar day that he shall be in default incompleting any given assignment in the time stipulated above, the sum of $500.00. This


sum is hereby agreed upon, not as a penalty, but as a fixed liquidated damages, which theTown will suffer by reason of such default, time being of the essence of the Contract anda material consideration thereof.

4. DELAY DUE TO MATERIAL DELIVERY

The Contractor shall be responsible for securing delivery of material on schedule. Nochange in suppliers will be allowed to facilitate delivery once a specific supplier has beenestablished in accordance with the "Instructions to Bidders" and the "GeneralRequirements". Should a delay occur, no extension of time will be granted theContractor and should he fail to complete within the specified time limit, he shall begoverned by the "Liquidated Damages" section of this Contract.

5. FAIR EMPLOYMENT PRACTICES

The successful Contractor shall agree that neither he nor his Subcontractors will refuse tohire or employ or to bar or to discharge from employment an individual, or todiscriminate against him in compensation or ill terms, conditions or privileges ofemployment because of race, color, religious creed, age, sex, national origin, or ancestry,except in the case of a bona fide occupational qualification or need.

The terms stated above are taken from Section 31-126 of the Connecticut GeneralStatutes "Unfair Employment Practices."

6. CONTRACT DRAWINGS

The Contract Drawings for this project are as follows:

Title Sheet Number

Title SheetExisting Conditions Plan EX-1Site Plan – Layout & Grading SP-1Site Details SD-1

7. SAFETY

The Contractor shall perform all work in accordance with the latest governmental safetyregulations and including, but not limited to, the Department of Labor, Office of Safetyand Health Administration regulations and suggested practices.

The Contractor's attention is brought to the fact that this work is being conducted on theproperty of the Town of Stratford and sufficient measures must be taken to ensure thesafety of the public during construction. Any costs associated with safety fences,barricades, warning tape, etc. will be included in the cost of the project.


8. CALL-BEFORE-YOU-DIG

The Contractor's attention is called to the fact that they are obligated, by State Law, tonotify the Public Utilities Control Authority (1-800-922-4455) 48 hours prior tobeginning any digging. This one "Call-Before-You-Dig" system will assure that eachutility company will have marked its lines in the field before any digging activitycommences. The Contractor assumes all responsibilities for any damage to the variousutility services, and all liabilities arising there from.

The Contractor shall make the necessary arrangements with the respective utilitycompanies and provide grades for the resetting and adjusting of private utility companymanholes and grade boxes, and the relocation of poles and hydrants; all at no additionalcost to the Town. Any delays, which are caused by conflicts with utility lines, shall notbe considered as a basis of extending the time for completion.

9. DUST CONTROL

The contractor shall be responsible for controlling dust from its operations, and whenordered by the Engineer shall use whatever methods necessary for dust control, in amanner satisfactory to the Engineer. No additional payment for this work will be made,and all costs including labor, materials, and equipment shall be considered to be includedin the various contract unit prices.

10. LINES, GRADES AND MEASUREMENTS

The controlling lines and grades shall be as shown on the Contract Drawings. Additionalbatter boards, lines, grades, and forms shall be furnished and set by the Contractor if hethrough willfulness or carelessness removes, or permits to be removed, any referencedmarks establishing said controlling lines and grades before the prosecution of the workrequires such removal, the replacement of such reference marks shall be at theContractor's expense.

The Contractor shall make all measurements and check all dimensions necessary for theproper construction of the work as directed or as called for in the specifications.

During the performance of the work, he shall make all necessary measurements toprevent misfitting in said work and be responsible therefore for the accurate constructionof the entire work.

11. PUBLIC ACCESS


Roads, parking areas, and walkways to adjacent playing fields shall be usable duringconstruction.

12. BLASTING AND EXPLOSIVES

Blasting and the use of explosives is not anticipated to be required for the completion ofthe Scope of Work of this Project. In the event use of explosives is required, theContractor shall observe all State, Federal and Municipal laws, ordinances andregulations relating to the transportation, storage, handling and use of said explosives.The Contractor shall particularly comply with "Administrative Regulations, ConnecticutState Police Department, Storage Transportation and Use of Explosives and BlastingAgents," dated April 18, 1972.

The Contractor is required to obtain a copy of the above and thoroughly familiarizehimself with the regulations. Copies of these regulations may be obtained at State PoliceHeadquarters, State Fire Marshal's Office, Hartford, Connecticut.

All necessary permits and licenses shall be obtained by the Contractor at his expense.

In the event that any of the above mentioned laws, ordinance or regulations require alicensed blaster to perform or supervise the work of blasting, said licensed blaster shall, atall times, have his license on the work and shall permit examination thereof by theEngineer or other officials having jurisdiction.

Explosives must be carefully transported, stored, handled and used. The Contractor willkeep on the job only such quantities of explosives as may be needed for the workunderway and only during such time as they are being used. Explosives shall be stored ina secure manner in locked containers and separate from all tools. Caps and detonatorsshall be stored separately from other explosives. When the need for explosives is ended,all such material remaining on the job shall be promptly removed from the premise. Caremust be taken that no explosives, caps or detonators are stolen or get into the hands ofunauthorized persons or left unguarded where they may cause accidents.

An accurate blasting log must be maintained continuously for the duration of theContract. The log shall record, for each shot, the location, number of holes, depth,spacing, amount of explosive per hole, number of caps used and the exact date and timeof the blast.

Explosives shall be such power and placed and used in such quantities and positions aswill not make the excavation unduly large, nor shatter unnecessarily the rock upon oragainst which the work is to be built, not injure adjacent persons or property, thoseportions of the new work or structure as may already be in place or other adjacent pipes,ducts or other structures. The quantity of explosives fired at one blast must be smallenough and the time for blasting selected to avoid undue annoyance to persons owning oroccupying premises near the work.


The rock must be completely matted when blasts are fired to prevent damage or injury topersons or property or the scattering of broken fragments on the adjacent ground.Adequate warning shall be given all persons in the vicinity before any blast is discharged.

When blasting is required, the operation shall be conducted with such care as not to causedamage to any of the existing underground utilities. In the event such damage doesoccur, the cost of repairs shall be the sole responsibility of the Contractor.

When blasting for trench excavation, each shot sequence shall begin sufficiently ahead ofcompleted work to prevent damage to the completed work, which must be properlyprotected prior to each shot.

In areas where the proposed construction is built against the face of the rock excavation,all loosened or shattered portions of the rock must be completely removed by barring,wedging or other approved means so the masonry can be built firmly in contact with solidrock.

The Contractor shall notify each public utility or others having structures in proximity tothe site, and others who may be affected, of his intention to use explosives. Said noticeshall be given in accordance with the applicable regulations therefore and sufficiently inadvance to enable the involved agencies/companies/persons and the Contractor to takesuch steps as may be necessary to protect life and property. Such notice shall not in anyway relieve the Contractor of responsibility for any damage resulting from his blastingoperations.

When, in sufficiently close proximity to existing gas, water, sanitary, storm, subway orother utilities and structures and all services connected thereto, the Contractor shallremove the rock by methods other than blasting, if necessary, in order to protect saidutilities and their services from damage. Approved methods other than blasting arebarring and wedging, jack hammer, drilling, rock jacks or other such hand or machinerymethods which will not damage the adjacent utility.

No explosives shall be brought into, stored or used on the site of any job by the Contractorunless and until he shall be furnished the Engineer with a satisfactory certificate ofinsurance showing that the risks arising from the presence and use of explosives and fromblasting are included within the insurance provided by the Contractor to secure hisobligations to the Owner. Insurance should also cover damage to any undergroundutilities or other underground facilities.

Indemnity Clause: "The Contractor shall, at all times, indemnify and save harmless theOwner, the Local Government, the Engineer and their agents and employees from andagainst all loss and expense (including attorneys' fees) by reason of liability imposed bylaw upon the Owner, Local Government or Engineer for damages because of bodilyinjury, including death at any time resulting there from, sustained by any person or


persons or on account of damage to property, including loss of use thereof, arising out ofor in consequence of the performance of this work, whether such injuries to persons ordamage to property is due or claimed to be due to the negligence of the Contractor, hissubcontractors, the Owner, the Local Government or Engineer, their agents or employees,except only such injury or damage as shall be determined by a court of law to have beencaused by the sole negligence of the Owner, Local Government or Engineer."

The Engineer may require the Contractor to schedule and hold a pre-blast conferenceattended by representatives of all affected utilities, the local Fire Marshal, arepresentative of the Contractor's insurance carrier and other appropriate parties.

13. BASIS OF PAYMENT

Payment shall be made at the various Contract lump sum prices for all work performed.Prices shall include the cost of all labor, materials, equipment, and all incidentalsnecessary to complete the work in accordance with the Specifications and the satisfactionof the Town.

Payment of periodic payments shall be processed by the Town of Stratford afterrecommendation of the Engineer and approval of the Director of Finance and Operationsfor the Town. The Contractor is advised the payment schedule may vary depending onthe Owner's schedule and invoice submission dates. A 5% retainage amount shall bewithheld each pay period on all completed work to date. Retainage will be released uponsuccessful completion of the project.

14. DESCRIPTION OF WORK

All materials furnished and used in the completed work shall be new, of best quality, andrecognized as standard in construction practices. Whenever a specification number ofreference is given, the subsequent amendments (if any) shall be included. The standardsset forth in the selection of materials and supplies are intended to conform to thosestandards adopted by the Town. Preference in manufacture shall be given to adoptedstandards, and the Contractor shall further familiarize themselves with the requirementsof the Town when the occasion or choice of materials or supplies so demands.

15. METHODS OF CONSTRUCTION

No materials shall be used which are known or found to be defective in any way. Noticeshall be given to the Town of any defective or imperfect material. Defective or unfitmaterial, found to have been used, shall be removed and replaced by the Contractor withsound and unobjectionable material without additional expense to the Town. Allmaterials furnished by the Contractor are subject to thorough inspections and tests by theTown and the Engineer. The Contractor shall submit samples as required by theEngineer, of the various materials used on the contract for testing purposes. All material


submittals shall be submitted for approval to the Engineer by the Contractor. Materialsshall not be ordered until the submittals for the product have been approved.

16. MOBILIZATION AND DEMOBILIZATION

This item shall consist of all the work necessary for the movement of personnel andequipment to and from the project site. No separate payment will be made for this work.

17. EXISTING CONDITIONS

Before submitting the bid, the Contractor shall examine the site, become familiar with theconditions, and verify the information in the Contract Drawings. Any discrepancybetween the information provided in the Contract Documents and actual field conditions,the Contractor shall make a note of it and bring it to the attention of the Engineer prior tobid. No claims for extras will be allowed based upon differences that could have beendiscovered by the Contractor prior to bid.

18. EXISTING SEWERS AND CULVERTS

The Contractor shall be responsible for maintaining and protecting all existing culvertsencountered in the work under this contract. Hand excavation and adequate bracing andshoring shall be employed where required to insure the structural integrity of existingstructures. The Contractor shall hold the Town harmless and shall be solely responsiblefor any liabilities or damages arising from their work near, under, or through existingsewers and culverts. The Contractor shall repair and replace, as required by the Engineer,any existing sewers or culverts damaged as a result of their work. No payment by theTown for work covered in this section, unless authorized in writing by the Town. TheContractors shall schedule their operations so that the existing sewers will haveuninterrupted flow at all times.

19. SURPLUS AND REJECTED EXCAVATED MATERIAL

All surplus excavated material determined by the Engineer to be suitable, but not requiredfor use within the limits of work, shall remain the property of the Town. All such materialshall be deposited in areas designated on the Contract drawings. All costs involved in theremoval, hauling and depositing of the suitable surplus excavated material shall beconsidered to be included in the various Contract lump sum prices, and no separatepayment will be made for any work involved in this section.

The determination of suitability of surplus excavated material is to be made exclusivelyby the Engineer.


All unsuitable excavated material, and/or construction/demolition material shall becomethe Contractor's property and it shall be removed from the site and disposed of by theContractor in a legally acceptable manner.

20. DAILY CLEANUP

The Contractor shall at the end of each workday, keep the project area clean, and freefrom debris, excavation materials, or any other items considered as trash. These itemsshall be disposed of daily in a legal manner at an approved dumping site. No extrapayment shall be made for any work involved in this section.

21. CONSTRUCTION SCHEDULE

The Contractor shall furnish a detailed construction schedule to the Town prior tobeginning any construction activities associated with this Contract. Review and approvalby the Town is required prior to any monthly payments to the Contractor will beapproved. The construction schedule shall be revised to indicate actual completion datesof the various items as they occur.

TECHNICAL SPECIFICATIONS

PROJECT MANUALTHE RECOSNTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 INDEX-1

THE TOWN OF STRATFORDCONNECTICUT

TECHNICAL SPECIFICATIONS FOR

THE RECONSTRUCTION OF THE BASKETBALL COURT

AT JOHN CHANDA PARK

INDEX TO TECHNICAL SPECIFICATIONS Page

INTRODUCTION TO TECHNICAL SPECIFICATIONS ............................ TS-1ITEM 2-002 – Clearing and Grubbing and Site Removals ............................. TS-2

ITEM 2-003 – General Excavation and Disposal of Surplus Material............. TS-3ITEM 2-008 – Subgrade Fine Grade ............................................................. TS-7

ITEM 2-009 – Subbase ................................................................................. TS-9ITEM 2-011 – Processed Aggregate Base ................................................... TS-10

ITEM 2-023 – Bituminous Concrete Class 1, Class 2 ................................... TS-11ITEM 2-024 – Bituminous Concrete Courts……………………….... .......... TS-12

ITEM 2-025 – Bituminous Concrete Pavement Seal Coating……………… TS-13ITEM 2-027 – Furnishing and Placing Topsoil ............................................ TS-17

ITEM 2-028 – Fertilizing, Liming, Seeding, and Mulching ......................... TS-22ITEM 2-058 - Acrylic Color Surfacing for Basketball Court ........................ TS-23

ITEM 2-070 – Basketball Court Units ......................................................... TS-26ITEM 2-140 – Miscellaneous Site Improvements ........................................ TS-27

PROJECT MANUALRECONSTRUCTION OF THE BASKETBALL COURT AT JOHN CHANDA PARKAPRIL 2012 TS-1

INTRODUCTION TO THE TECHNICAL SPECIFICATIONS

The following Technical Specifications shall apply to the various items of work which constitutethe construction contemplated under the Contract.

Within the Technical Specifications of the Contract, the following definitions shall apply:

1. Standard Specifications: shall mean the State of Connecticut, Department ofTransportation, Bureau of Highways, "Standard Specifications for Roads, Bridges andIncidental Construction, Form 816, dated 2004" and its latest supplements. Only thoseportions of the Standard Specifications that are referred to in the "MATERIALS" and/or"CONSTRUCTION METHODS" section of the Contract's Technical Specifications, notsupplemented and/or amended therein, shall apply. Within the referred to portions of theStandard Specifications, wherein the following terms are used, they shall mean,respectively:

State, Department, Commissioner, Engineer, Local Agency: Town of StratfordPublic Works or their designated representative

Inspector: Representative of MMI, the Local Public Agency or other dulyauthorized representative.

Laboratory: Laboratory designated by the Engineer, Local Public Agency, or theSchool.

2. Applicable Safety Code: shall mean the latest edition including any and all amendments,revisions, and additions thereto of the Federal Department of Labor, Occupational Safetyand Health Administration's "Occupational Safety and Health Standards" and "Safety andHealth Regulations for Construction," the State of Connecticut, Labor Department,"Construction Safety Code," or State of Connecticut "Building Code," whichever is the morestringent for the applicable requirement.

3. Items: Reference within the text of these Specifications to Items without a number but titleonly are Technical Specification Items within this Contract. Sections or Articles referredto with a number refer to the State of Connecticut Department of Transportation, Bureau ofHighways Specification Sections or Articles.

4. Local Regulatory Agency (ies): Local Regulatory Agency (ies) shall be defined as thegoverning body or authority having jurisdiction over or responsibility for a particularactivity within the scope of this Contract. They may be as specifically defined within theSpecial Conditions; otherwise, the Contractor shall be responsible to determine same in thelocal area of the Contract.

5. These Specifications: where used in the text of the Technical Specifications Items shallmean the Technical Specifications of this Contract.


ITEM 2-002: CLEARING AND GRUBBING AND SITE REMOVALS

1. Description: The Contractor shall clear and grub in those areas within the Limits of Workas shown on the Contract Drawings. Included in this item is the removal and disposal ofall trees, stumps, brush, rubbish, existing pavements, sidewalks, curbs, walls, bases,subbase, earth, etc., and all other material within the Limits of Work unless otherwisespecified or directed and suitably grade and compact the area to the lines and grades shownon the Contract Drawings. Included in this work shall also be the protection from damageand/or defacement of all vegetation, trees and other existing features which are to beretained and the repair of any damage to the same as specified and/or directed by theEngineer.

2. Construction Methods: All excavations made below the proposed subgrade surface by theremoval of trees, stumps, etc., shall be filled with suitable material, which shall becompacted thoroughly in accordance with the provisions governing formation ofembankments.

All ditches, waterways, drainage structures and culverts constructed under this Contractshall be cleaned and cleared of obstructions in a satisfactory manner and shall be left in aneat and trimmed condition. All existing ditches, waterways, drainage structures andculverts shall be cleaned of obstructions resulting from construction operations.

Existing bituminous concrete court, benches, basketball hoops, backboards, posts,foundations and all other materials shall be removed and disposed of in accordance withthe construction methods defined in the Item "General Excavation, Formation ofEmbankment and Disposal of Surplus Materials" within the limits of new construction asindicated on the Contract Drawings. Construction methods for grading and compaction ofthe subgrade shall be in conformance with the Item "Preparation of Subgrade/Fine Grade."

The Contractor shall prevent all damage to installations such as: pipes, conduits, wires,cables, or structures above or below ground; he shall ascertain from the Owner of saidutilities or installations any special construction methods or precautions which should beemployed while working in proximity to same. No land monuments, property markers, orofficial datum points shall be damaged or removed until an authorized agent has witnessedor otherwise referenced their location and approved their removal. The Contractor shall socontrol his operations as to prevent damage to trees and shrubs, which are to be preserved.Protection may include fences and/or boards lashed to trees, sturdy posts driven aroundtrees or shrub areas, or other protection in order to prevent damage from blasting ormachine operations.

3. Basis of Payment: The Cost for this Item shall include all equipment, tools and labornecessary and incidental to the satisfactory completion of this work and will be included inthe Lump Sum Bid Item for Site Preparation.

END OF SECTION


ITEM 2-003: GENERAL EXCAVATION AND DISPOSAL OF SURPLUS MATERIAL

1. Description: General excavation shall consist of the removal and satisfactory disposal, inthe manner herein required, of all material taken from within the limits of the contractwork, the removal of which is necessary for the construction of the improvements andother miscellaneous construction to the dimensions and limits shown on the plans or asordered. It shall also include the disposal of surplus or unsuitable material, removal of oldfoundations, basket hoops and posts, and site benches.

Classification: Excavation shall be classified, for the purpose of payments, as "Earth" or"Rock" in accordance with the following definitions:

Earth excavation includes excavation and disposal of pavements and other obstructionsvisible on ground surface; underground structures, utilities and other items indicated to bedemolished and removed, together with earth and other materials encountered that are notclassified as rock or unauthorized excavation.

Rock excavation in trenches and pits includes removal and disposal of materials andobstructions encountered which cannot be excavated with a 1.0 cubic yard (heaped)capacity, 42-inch wide bucket on track-mounted power excavator equivalent to CaterpillarModel 215, rated at not less than 90 HP flywheel power and 30,000-lb. drawbar pull.Trenches in excess of 10'-0" in width and pits in excess of 30'-0" in either length or widthare classified as open excavation.

Rock excavation in open excavations includes removal and disposal of materials andobstructions encountered which cannot be dislodged and excavated by equipment equal toCaterpillar Model 973 or 977K, or equivalent track-mounted loader, rated at not less than170HP flywheel power and developing 40,000-lb. break-out force (measured in accordancewith SAE J732C).

Typical of materials classified as rock are boulders 1.0 cu. yd. or more in volume, solidrock, rock in ledges, and rock-hard cementation aggregate deposits.

Intermittent drilling, blasting or ripping performed to increase production and notnecessary to permit excavation of material encountered will be classified as earthexcavation. Do not perform rock excavation work until material to be excavated has beencross-sectioned and classified by Engineer. Such excavation will be paid on basis ofContract conditions.

Rock payment lines are limited to the following: Two feet outside of concrete work forwhich forms are required, except footings;

One foot outside perimeter of footings;


In pipe trenches, six inches below invert elevation of pipe and two feet wider than insidediameter of pipe, but not less than three feet minimum trench width;

Neat outside dimensions of concrete work where no forms are required;

Under slabs on grade, six inches below bottom of concrete slab.

Unauthorized excavation consists of removal of materials beyond indicated subgradeelevations or dimensions without specific direction of Engineer. Unauthorized excavation,as well as remedial work directed by Engineer, shall be at Contractor's expense.

2. Construction Methods

Construction Methods of "General Excavation, formation of Embankment Removal andDisposal of Surplus Material" shall conform to the applicable provisions of Article 2.02.03of the Standard Specifications with the following exceptions or modifications:

3. All references to topsoil excavation shall be deleted.

b. Where the words "Roadway Embankment" or Roadway Excavation" are utilized,delete the word "Roadway" there from and substitute the word "General."

c. Article 2.02.03-5 is amended with the following addition:

All suitable material removed in making the excavation shall be used for theformation of embankments as required unless otherwise called for on the ContractDrawings or directed by the Engineer. The materials shall be free from large orfrozen lumps, wood and other extraneous material.

All inorganic soils excavated from within the limits of excavation shall be consideredsuitable for the formation of embankments. However, if at the time of excavationthese soils are wet and saturated, they shall be dried to moisture content within threepercent of the optimum moisture content, as determined by AASHTO T 180 MethodD, prior to placement and compaction. In order to attain this moisture content, theContractor may have to stockpile this excavated material and allow it to dry. Noadditional compensation will be allowed for hauling such excavated material to andfrom stockpile areas or for any costs incurred in drying the excavated soil to therequired moisture content. The Contractor may elect to supply and haul in approvedmaterial rather than dry out excavated soils. No payment will be made for suchmaterial.

d. Delete Article 2.02.03-8 of the Standard Specifications and substitute the following:

Unsuitable material shall be placed within the project or removed to disposal areas asordered by the Engineer or as specified elsewhere in the Contract Documents.


Unless otherwise specified, all unsuitable material shall be disposed of by theContractor off the site in accordance with the above.

e. Add the following:

Excavated materials, when suitable, may be used as a substitute for materials to besupplied or furnished by the Contractor for use in other Items of work (such astopsoil, gravel fill or granular material, etc.) subject to the following:

– Prior approval of the Engineer before its use as a substitute, and

– A suitable credit, approved by the Engineer, has been given to the Owner forthe amount substituted.

Excavation of Rock: When bedrock is encountered, it shall be excavated to the slopelines and depths indicated on the plans. All loose and unsuitable material, even iflocated beyond the payment lines, and all breakage and slices shall be removed asdirected. It shall be at all times the responsibility of the Contractor to perform allphases of this work to produce the required rock slope faces to the satisfaction of theEngineer.

While explosives and blasting are used, all laws and ordinances of Municipal, Stateand Federal agencies relating to the use of explosives shall be complied with. Allblasting shall be performed by qualified personnel and proper precautions shall betaken to protect persons, property, or the work from damage or injury from blast orexplosion. The Contractor shall be responsible for all damage due either directly orindirectly to such operation. A pre blast survey shall be conducted by the Contractorto aid in determining any damage caused by the blasting.

No rock fill shall be placed above an elevation which is two feet below the top of theembankment.

No stone over five inches in its greatest dimension shall be placed within 12 inchesof the elevation of the top of the prepared subbase, unless otherwise specificallyauthorized.

4. Measurement and Payment

Rock excavation will be measured by the cubic yard. Payment lines for rock excavationshall coincide with the depth shown on the plans or to the depth directed; the paymentlines, shown on the plans or as directed, are to include rock actually removed within thislimit. Where removal of rock is necessary for reasons of safety or due to conditions clearlynot attributable to the Contractor's method of operation, the payment lines will be fixed tocoincide with the limits ordered by the Engineer.


Existing concrete and cement masonry structures and boulders over one cubic yard shall bemeasured in place before removal. Only individual units of material of one cubic yard ormore will be included in this measurement.

When rock is encountered and its removal is to be paid for as "Rock Excavation," theContractor shall strip or expose the rock to such extent that in the Engineer's opinion thenecessary measurements can be taken. The Contractor shall notify the Engineer at leasttwo days prior to disturbing any of the rock to allow ample time to obtain the necessarymeasurements. If the Contractor shall fail to give such notice or remove any rock prior tothe taking of the measurements, the Engineer shall presume that the measurements taken atthe time he first sees the material in question will give a true quantity of excavation.

The amount of rock excavation will be determined by methods agreed upon by theEngineer and Contractor. All other work associated with these items shall be part of the"Lump sum" Contract. Reference the Special Provisions for more information.

5. Basis of Payment

The Cost for this Item shall include all equipment, tools and labor necessary and incidentalto the satisfactory completion of this work and will be included in the applicable LumpSum Bid Items.

END OF SECTION


ITEM 2-008: SUBGRADE FINE GRADE

1. Description: The area, upon which pavements, shoulders, sidewalks, and other surfaceimprovements will be placed, shall be known as the subgrade. This is the plane coincidentwith the bottom of the subbase, as shown on the Contract Drawings or as ordered by theEngineer. The work "Subgrade/Fine Grade" shall be performed at this plane.

After all grading has been substantially completed and all drains laid, the subgrade shall bebrought to the lines, grades and cross sections shown on the Contract Drawings.

When no item for "Clearing and Grubbing" and no grading items appear in the BidProposal, the work of clearing waterways, ditches, drainage structures and culverts shall beperformed as part of this work.

2. Construction Methods: All soft and yielding material and other portions of the subgradewhich will not compact readily when rolled, vibrated or tamped, shall be removed andreplaced with suitable material. The surface shall be compacted uniformly by rolling withan approved power roller having a minimum compression of 325 pounds per inch of widthof tread on the rear wheel, and weighing not less than 10 tons, or with an equivalentvibratory roller or compactor.

When more than one compacting unit is used, the unit exerting the greatest compactiveeffort shall be used to make the initial compaction. Any portion of the subgrade which isnot accessible to a roller or other compacting unit shall be compacted thoroughly withhand tampers or with approved mechanical vibrators.

All hollows and depressions which develop under rolling shall be filled with granularmaterial or gravel fill as approved by the Engineer. This process of shaping, rolling andfilling shall be repeated until no depressions develop. After compaction, the top surface ofthe subgrade shall be fine graded so that it shall not extend above nor more than 1/2 inchbelow true grade and surface at any location. The subgrade shall not be muddy norotherwise unsatisfactory when pavement/base/subbase is placed upon it. If the fine grade ofthe subgrade becomes rutted or displaced due to any cause whatsoever, the Contractor shallregrade same at his own expense.

The Contractor shall protect the subgrade from damage by exercising such precautions asthe Engineer may deem necessary. At all times, the subgrade surface shall be kept in suchcondition that it will drain readily and correctly. The subgrade shall be checked andapproved before any foundation or surfacing material is placed thereon.

The dry density of the subgrade after compaction shall not be less than 95 percent of themaximum dry density as determined by AASHTO T-180 Method D.


3. Measurement and Payment: No separate measurement or payment will be made for workunder this item. All work associated with this item shall be part of the Lump Sum Contract.See the Special Provisions for more information.

END OF SECTION


ITEM 2-009: SUBBASE

1. Description: The work under this Item shall be the construction of a subbase for highways,roads, streets, and other surface improvements consisting of gravel, crusher-run stone or acombination thereof placed on the prepared subgrade in accordance with thesespecifications and in conformity with the lines, grades, compacted thickness and typicalcross-section as shown on the Contract Drawings.

2. Materials: All materials for this work shall conform to the requirements of ArticleM.02.02 of the Standard Specifications.

3. Construction Methods: Construction methods shall conform to the provisions of Section2.12.03 of the Standard Specifications and the Item "Subgrade/Fine Grade."


END OF SECTION


ITEM 2-011: PROCESSED AGGREGATE BASE

4. Description: The work under this Item shall be the construction of a processed aggregatebase for highways, roads, streets, running tracks, etc. consisting of a two-course baseplaced on the prepared subgrade, subbase or base in accordance with these specificationsand in conformity with the lines, grades, compacted thickness and typical cross-section asshown on the plans. Total base thickness will not be less than six inches. Single liftthickness will not be less than three inches.

5. Materials: All materials for this work shall conform to the requirements of Article M.05.0lof the Standard Specifications.

Processed aggregate base consists of sound, tough, durable particles of crushed stones ofsuch size that will meet the requirements of Grading "C" indicated in Form 816, ArticleM.02.06. It shall meet the requirements of loss on abrasion indicated on SubarticleM.02.02-2(a).

6. Construction Methods: Processed aggregate base shall be placed in accordance withSection 3.04 of the Form 816, plus the requirements that compaction shall be continueduntil the dry density of each layer is not less than 95 percent of the dry density achieved byAASHTO T-180, Method D. In addition, the finished surface shall be tested for levelusing a 10-foot straight edge. The surface shall not vary from the specified grade by morethan 1/4 inch in 10 feet measured in any direction. Irregularities shall be corrected to thesatisfaction of the Engineer.


END OF SECTION


ITEM 2-023: BITUMINOUS CONCRETE CLASS 1, CLASS 2

1. Description: The work under this Item shall be the construction of a surface course ofbituminous concrete of the class specified on the Contract Documents and placed on aprepared base in accordance with these specifications and in conformity with the lines, grades,thickness and typical cross-section shown on the Contract Drawings.

2. Materials: The material for the bituminous concrete mixture, the sources of supply,formula for mix, mix tolerances, approval of mix formula, and the control of the mixtureshall conform to the requirements of Article M.04.01 of the Standard Specifications forClass 1 or Class 2 as specified.

3. Construction Methods: The methods employed in performing the work and all equipment,tools, machinery and other plant used in handling material and executing any part of thework shall conform to all the requirements of Article 4.02.03 of the StandardSpecifications amended as follows:

Pavement Samples: A daily sample of the paving material may be taken for the determination ofthe bitumen content and aggregate gradation of the mix where a minimum of 100 square yards ofpavement are laid per day. Unless specifically requested, no samples of the mix being suppliedshall be taken at the manufacturing plant except for the initial Marshall Molds; however, nomaterials will be supplied from other than a plant certified and approved by the State Departmentof Transportation, Bureau of Highways.

Marshall Molds shall be made on the proposed bituminous mixture(s) and submitted to theEngineer for testing and approved prior to its incorporation in the construction.

4. Method of Measurement and Basis of Payment: No separate measurement or payment forwork under this item. Payment shall be included in the Lump Sum Bid for the work

END OF SECTION


ITEM 2-024: BITUMINOUS CONCRETE COURTS

1. Description: This work shall consist of the construction of bituminous concretebasketball court. The bituminous concrete material to be placed in two separate liftsupon a processed aggregate and gravel base which has been brought to proper grade andcross-section. This work shall be performed in accordance with these Specifications andin conformity with the lines, grades, compacted thickness, and typical cross-sectionshown on the plans.

2. Materials: The materials for this work shall conform to the requirements of Section M.04of the Standard Specifications Form 816 Class 2 mix for the top course and Class 1 mixfor the binder course.

3. Construction Methods: This work shall be performed employing the requirements ofSection 4.06.03 of the Standard Specifications Form 816.

The top course of asphalt will be placed in strips, which are 90° to the direction of thebottom course.

The surface course of the bituminous concrete shall not vary more than ¼ inch from a tenfoot straight edge in all directions.

4. Method of Measurement and Basis of Payment: No separate measurement or paymentfor work under this item. Payment shall be included in the Lump Sum Bid for the work

END OF SECTION


ITEM 2-025: BITUMINOUS CONCRETE PAVEMENT SEAL COATING

1. Decryption: The contractor shall provide all materials, equipment, and services necessaryto furnish and deliver work of this section as shown on the drawings, as specified and asrequired by job conditions including, but not limited to the following:

1. Seal coat bituminous basketball courts.2. Fill minor surface imperfections including crack sealing.

2. Quality Assurance: Codes and Standards: All materials and construction methods shallconform to Form 816 – State of Connecticut Department of Transportation "StandardSpecification for Road, Bridges, and Incidental Construction 2004 edition, unlessotherwise specified herein.

3. Submittals: In accordance with the General Requirements, submit samples, materials,certifications, manufacturer's product data and test reports as hereinafter required.

Manufacturer's data on emulsion.

4. Materials:

Coat Tar Pitch Emulsion. Coal Tar Pitch Emulsion must meet or exceed Federalspecification RP-355e (GSA-FSS), U.S. Air Force requirements and the F.A.A. The CoalTar Pitch Emulsion shall also be in compliance with the ASTM Specification D3320. Thematerial shall be prepared from the straight run high temperature coke-over tar meeting therequirement of ASTM D-490. Petroleum tar and oil and water gas tars shall not be usedeven though they comply with ASTM D-490. The material shall be homogeneous andshow no separation or coagulations of components that cannot be redispersed withmoderate stirring. The material shall be capable of application and complete coverage bysqueegee, brush, or by approved mechanical methods to the bituminous surface at aspreading rate of 0.18 – 0.20 gallons per square yard in 2 coats application.

Sand shall be clean hard and irregular silica sand which is free of clay, dust, salt, andorganic matter.

Water shall be clean and potable within a temperature of 50-80°F.

5. Construction Methods:

A. Recommended Mix Design

Bulk pavement sealer shall be diluted at a 25-30% with clean potable water.

Three (3) lbs. sand per gallon of bulk sealer shall be added to pavement sealer for eachcoat (equaling 6 lbs. sand per gallon bulk applied to the surface).


Sand Slurry Preparation:

Add the required amount of water to the sealer in the mixing tank and mix thoroughly.

Keep the mixer running at a moderate rate.

Add the sand in a steady stream of about one (100 lbs.) bag/min.

After adding all the sand, close the lid of the mixing tank and raise the speed of themixer to "high" setting.

Mix for ten minutes to allow the contents of the tank to mix thoroughly and break anyand clumps.

Reduce the agitator speed to moderate setting and keep running. If the mixer is shutoff during transport to the job site, it must be restarted and contents mixed for at least10 minutes before the application begins. Keep the agitator running during the entireapplication period.

B. Surface Preparation

Clean the surface thoroughly to remove all foreign debris (dirt, gravel, silt, etc.) usingair blowers or by flushing with water. Embedded dirt and silt shall be removed withsteel bristle hand brooms.

Treat all grease and oil spots by scraping off the excess oil and dirt away with a wirebristle and coat with an oil spot primer.

Install cold patch material to minor potholes.

Seal cracks with crack sealant according to specification.

C. Crack Sealing:

For best results, the sealant should be applied when the surface temperature exceeds40°F.

Routing – if applicable.

Cracks are routed to a minimum width of 3/8 in. and a minimum depth of ½ in.

Cracks or joints should be cleaned to be free from all foreign debris using mechanicalwire brushes.


To ensure dryness of the crack and to guarantee adhesion of the sealant to the crackwall, a heat lance using 3000F compressed air will be used.

Install backer rod when necessary to ensure seal.

Install crack sealant using pour pots or speed banders whichever is appropriate.

Apply sand to surface of crack sealant in high traffic conditions so that no tracking willoccur.

D. Method of Sealer Application:

The agitator of the sealer tank should be kept on to keep the material in suspension atall times. The machine should be equipped with a fog bar to be used for pre-dampening if the pavement temperature exceeds 90°F.

Coat the edges first. Pour a continuous ribbon of mix along the pavement edge 6-12inches from curbing.

Draw mix away from the pavement edge by pulling a squeegee or brush perpendicularthrough the ribbon of material at a slight angle. Walk parallel to the pavement edge.Repeat the process in reverse direction pulling the excess material toward the center ofthe pavement. For best results, use squeegees followed by a brush.

After trimming, apply sealer over the remaining area using either a squeegee or sprayapplication. A self-propelled machine that squeegees and brushes the sealer into thepores of the pavement is recommended but not always available.

Allow the first coat to dry sufficiently to take light traffic scuffing. It will take a fewhours under ideal drying conditions (75-80°F and 50% relative humidity).

After trimming, use machine with spray wand or spray bar apparatus that deposits thematerial according to the coverage rates recommended for the specified job. The sprayapplication will take out any squeegee marks and give a uniform appearance and isrecommended for the second coat.

The completed application shall be allowed to cure at least for 24 hours and then testedfor trafficability prior to opening for regular use.

Quantities of the material will vary according to porosity and texture of the pavement.

The guildeline quantities expressed as the amount of undiluted mix are as below:

1. 1st coat – 0.10 -0.12 gal./sq.yd.2. 2nd coat – 0.06-0.08 gal/sq.yd.


1. Measurement and Payment: No separate measurement or payment will be made for workunder this item with the exception of Alternate Bid Item #2 – Bituminous ConcretePavement Seal Coating for the Courts at High Park. All work associated with this itemshall be part of the Lump Sum Contract. See the Special Provisions for more information.

END OF SECTION


ITEM 2-027: FURNISHING AND PLACING TOPSOIL

1. Description: This work shall consist of furnishing, placing, and shaping topsoil in areasshown on the plans or where directed by the Engineer. The topsoil shall be placed tothe depth stated on the plans.

2. Materials: The material shall conform to the requirements of Article M.13.01-1 of theStandard Specifications Form 816.

An organic matter materials report and treatment recommendations completed forsamples taken from the existing topsoil material, is included in the Appendix of thisProject Manual.

All topsoil being used, whether from on-site stockpiles or off-site sources, is to be testedafter stockpiling. Representative samples of topsoil shall be tested for acidity, fertilityand general texture by a recognized and approved government testing agency and three(3) copies of findings and recommendations shall be furnished to the Engineer by theContractor. The testing agency shall, after testing, determine the amount of limestoneand fertilizer to be added to the topsoil. All test costs shall be borne by the Contractor.


Topsoil shall be natural, friable loam, free of subsoil, roots, sticks, clay, stones largerthan 3/4 inch in any dimension, or any other objectionable extraneous matter or debris.It shall contain no toxic materials. Topsoil shall contain at least six percent organicmatter (humus) but not to exceed more than 20 percent organic matter and shall have aPh not less than 5.5 or more than 7.0.

The areas on which topsoil is to be placed shall be graded to a reasonably true surfaceand cleaned of all stones, brickbats, and other kinds of rubbish. After areas have beenbrought to proper subgrade and approved by the Engineer, topsoil shall be spread to adepth of 6", with due allowance made for settlement. All stones, roots, debris, sod,weeds, and other undesirable material shall be removed from the topsoil. After shapingand grading, all trucks and other equipment shall be excluded from the topsoiled area toprevent excessive compaction. The Contractor shall perform such work as required toprovide a friable surface for seed germination and plant growth prior to seeding.

During hauling and spreading operations, the Contractor shall immediately remove anymaterial dumped or spilled on roadways.

It shall be the Contractor's responsibility to restore to line, grade, and surface all erodedareas with approved material and to keep topsoiled areas in acceptable condition until thecompletion of the construction work.


Wherever subgrade material is sand, gravel or other very pervious material, andelsewhere as required by the Engineer, the Contractor shall consult the Engineer to decideon treatment of subgrade before placing the topsoil.

There shall be no application of topsoil made without the prior approval of the finishedsubgrade by the Engineer or his representative.Placement of topsoil shall be performed only when it can be followed within a reasonabletime by the seeding and sodding operation.

Resupplying of topsoil to eroded or settled areas to finish grade shall be the responsibilityof the Contractor. Care shall be taken not to damage lawn area in the replacement oftopsoil.

All excess topsoil shall remain the property of the Owner. If the topsoil remains afterspreading required amounts, it shall be stockpiled and disposed of at the location(s)directed by the Engineer.


END OF SECTION


ITEM 2-028: FERTILIZING, LIMING, SEEDING, AND MULCHING

1. Description: The work under this Item includes the furnishing and placing of fertilizer,lime, seed, and mulch on all areas to be seeded as shown on the plans or where directedby the Engineer.

2. Materials: The materials for this work shall conform to the requirements of thisspecification.

Seed Schedule:

Lawn Seed: Seed shall be fresh, re-cleaned new seed of the latest crop, delivered instandard sized original packages, unopened, bearing guaranteed analysis, name of vendorand mixed in the following proportions:

Percent Min. Min.By Weight Purity Germination

American Kentucky bluegrass 10 98 98Victory II chewing fescue 20 98 85Jasper II creeping red fescue 20 98 85

Spartan hard fescue 20 96 85Cutter perennial ryegrass 30 97 90

Seeding rate – 260 pounds per acre

Fertilizer Schedule:

Commercial Fertilizer (10-8-4): Commercial fertilizer with the following composition byweight: Nitrogen, 10 percent; Phosphoric Acid (P205), eight percent; Potash, four percent.These elements may be organic, inorganic or a combination and shall be available accordingto the methods adopted by the Association of Agricultural Chemists. Commercial fertilizer(10-8-4) shall be delivered in sealed, standard sized bags of the manufacturer, accompaniedby the manufacturer's guarantee. The fertilizer is to be stored in such a manner that itseffectiveness shall not be impaired.

3. Submittals

Samples: Submit sample and product literature and guarantees in accordance withrequirements of the General Conditions for the following:

b. Seed: Submit all empty seed bag tags, not ripped, after application of seed to theEngineer and one sample for approval prior to application of the seed.

c. Fertilizer and Limestone: Submit for approval manufacturer's label or literatureof product being used.


d. Mulch: Submit one bale of salt hay.

4. Construction Methods: Construction methods shall be those established as agronomicallyacceptable and feasible and which are approved by the Engineer.

4. Soil Preparation Procedures: Ground limestone shall be applied to the lawn areas at arate as recommended by the testing agency and thoroughly incorporated into the top three(3) inches of the soil at least five (5) days before seeding or sodding. Application oflimestone shall be at least enough to bring the topsoil to a final Ph reading of 6.5 – 7.0prior to seeding or sodding procedures.

Fertilizer shall be applied at a rate of twenty (20) pounds per one thousand (1,000) squarefeet or as specifically recommended by the testing agency. The fertilizer shall bethoroughly incorporated into the top two inches of the topsoil.

Areas shall be made friable and receptive to seeding by methods approved by theEngineer. In all cases, the final prepared area shall meet the lines and grades for suchsurface as shown on the plans, or as directed by the Engineer. In no event will seedingbe allowed on hard or crusted soil surface.

All areas shall be reasonably free from weeds taller than three inches. Removal of theweed growth from the slope areas shall be by approved methods, including hand mowing,which do not rut or scar the slope surface, or cause disruption of the slope lines andgrades. Seeding on level areas shall not be permitted until substantially all weed growthis removed.

5. Seeding Season: The normal seeding dates for seeding shall be as follows:

Spring: March 15th to June 15th.Fall: August 15th to October 15th.

These periods may be extended or reduced according to prevailing weather conditions atthe time, upon approval by the Engineer.

If the Contractor seeds outside the seasonal periods, any additional material furnished andplaced to establish growth shall be done at the Contractor's expense. The Contractormust also re-seed, mulch and repair any areas seeded, whether out of season or not, thatare damaged by fire, erosion, or any other cause, as directed by the Engineer, at noexpense to the City.

6. Seeding Methods: Seed shall be uniformly applied by mechanical seeder and approvedby the Engineer.

Before any seed is sown, the ground shall be raked until the surface is smooth, friable and ofuniformly fine texture. No seed shall be sown on any area, which has not been so prepared.


Lawn areas shall be seeded at the rate of five pounds of seed mixture to 1,000 square feet or260 pounds per acre of lawn area. The seed shall be sown evenly by an approved mechanicalseeder. After sowing, the seed shall be raked lightly in the ground, and the surface then rolledwith a water-ballast, 150-pound roller and watered thoroughly with a fine spray. No seedingshall be permitted after a rain unless the surface of the ground is loosened or when the velocityof the wind exceeds a gentle breeze or about five miles per hour. Extreme care shall be takenduring seeding and raking so that no change in grading is made and so that the seed is notraked from one spot to another.

Broadcast Seeding: Half the seed shall be sown with the sower moving in one direction,and the remainder shall be sown with the sower moving at right angles to the first sowing.

The Contractor shall not use rye seed as a starter crop for the grass mixes called for above.The use of such seed in the seed mixes will be cause for turning under and completereseeding of the areas so affected.

7. Mulching: Areas seeded shall be mulched with salt hay unless otherwise ordered by theEngineer. Woodchip mulch shall not be used on seeded areas. Unless otherwise directed,mulch will be applied at a rate of one bale per 2,000 square feet. The mulch will be anchoredaccording to the direction of the Engineer.

8. Compaction: The Contractor shall keep all equipment, vehicular and pedestrian trafficoff areas that have been seeded to prevent excessive compaction and damage to youngplants. Where such compaction has occurred, the Contractor shall rework the soil tomake a suitable seedbed; then re-seed and mulch such areas with the full amount of thespecified materials, at no extra charge to the City.

9. Cleanup: This work will not be considered complete until all cleanup operations arecomplete. This shall include the removal of all debris resulting from the seedingoperation. The Contractor shall be required to shape, grade, and establish vegetativecover in accordance with the specifications on all areas disturbed outside the normallimits of the construction.

10. Warranties and Certificates: The Contractor shall supply the Engineer with allwarranties or certificates, or both, furnished with the seed mixture or fertilizer prior touse of the material, if so requested.

11. Maintenance: The Contractor shall be held responsible for the maintenance of all workand parts thereof prior to final acceptance.

Maintenance shall include watering of seeded areas, mowing, weeding, cleaning,edging, repairs of washouts and gullies, repairs to protecting fences and all othernecessary work of maintenance.

The Contractor shall provide an adequate and acceptable turf. Adequately protect alllawn areas and mow until the lawn areas are acceptable to the Engineer. Once the turf


areas are acceptable to the Engineer, the Contractor shall turn lawn maintenance over tothe Owner. All clippings during cutting by the Contractor must be removed off-site.Mowing by the Contractor shall be as directed by the Engineer and shall not begin untilgrass attains an initial height of four (4) inches.

After final acceptance by the Owner, the Contractor will not thereafter be required to doany of the above work, except that nothing contained herein shall release the Contractorfrom his obligations under the Contract.


END OF SECTION


ITEM 2-058: ACRYLIC COLOR SURFACING FOR BASKETBALL COURT

1. Description: The work under this Item includes the furnishing and placing of the acryliccolor coating system for the basketball court and the acrylic line striping

2. Submittals:

a. Manufacturer specifications for components, color chart and installationinstructions.

b. Authorized Applicator certificate from the surface system manufacturer.

c. ITF classification certificate for the system to be installed.

d. Current Material Safety Data Sheets (MSDS.

3. Product substitution: If other than the product specified, the contractor shall submit at least7 days prior to the bid date a complete type written list of proposed substitutions withsufficient data, drawings, samples and literature to demonstrate to the owners satisfactionthat the proposed substitution is of equal quality and utility to that originally specified.Information must include a QUV test of at least 1000 hours illustrating the UV stability ofthe system. The color system shall have an ITF pace rating in Category 2. Under nocircumstances will systems from multiple manufacturers be considered.

4. Guarantee: The Contractor shall provide a guarantee against defects in the materials andworkmanship for a period of one year from the date of substantial completion.

5. Installer Qualifications: Installer shall be regularly engaged in construction and surfacingof acrylic tennis courts, basketball courts, play courts or similar surfaces. Installer shall bean Authorized Applicator of the specified surface system.

6. Manufacturers: Dalton Enterprises, Inc, Cheshire, CT 06410 / Latexite System or approvedequal.

7. Materials:

a. Basketball Court Sealant: Non-fading waterproof, 100% acrylic color sealer. Thecolor shall be approved by the Town prior to application.

b. Basketball Court Striping: The paint shall be highly pigmented, 100% acrylic linepaint. The color shall be white.



Weather Limitations: Do not install when rainfall in imminent or extremely high humidityprevents drying. Do not apply unless surface and air temperature are 50°F and rising. Donot apply if surface temperature is in excess of 140°F.

Basketball Sealer: Any permanent fixtures to be bedded into or through the bituminousconcrete courses shall be installed and approved by the Engineer prior to applying the color(court) sealer.

Prior to the application of the color sealer, the entire court area shall be thoroughly cleaned andwater-flooded to locate low areas which are more than 1/8" deep. Minor depressions (1/8"-1/4"deep) shall be leveled by troweling or screeding a layer of patch mix over the low area.Leveling material shall be Latexite Filler Coat or Latexite Asphalt Surfacer as manufactured byDalton Enterprises, Inc. or equivalent, and applied as per manufacturer's specifications. Deeperdepressions require multiple layers of patch mix. Excessively deep (1/2" or deeper) depressionsshall be patched with asphaltic concrete. All rough paving joints and roller marks shall beleveled prior to application of the specified Latexite system.

Latexite Acrylic Color Sealer Filler Coat shall be applied on the clean, dry underlyingbituminous concrete surface course in multiple applications (min. two coats) to obtain anapproximate application rate of .10 gallons per square yard, based on the material prior toany dilution. No application shall be covered by a succeeding application until thoroughlycured. Latexite Finish Coat shall be applied to the clean, dry underlying surface of FillerCoat in a minimum single application to obtain a total application rate of .05 gallons persquare yard, based on the material prior to any dilution. No application shall be coveredby succeeding application until thoroughly cured.

The finished surface shall have a uniform appearance and shall be free of ridges and toolmarks.

Time and method of application shall be as recommended by the manufacturer andapproved by the Engineer.

Line Painting: Line shall be 2” wide unless otherwise noted on the drawings. Lines hall becarefully laid out in accordance with ASBA guidelines and the dimensions shown on theplans. The area to be marked shall be taped to insure a crisp line. The Line Paint shall havea texture similar to the surrounding play surface. Application shall be made by brush orroller at the rate of 150-200 sg./gal.

9. Protection: Erect temporary barriers to protect coatings during drying and curing.

10. Clean Up: Remove all containers, surplus materials and debris. Dispose of materials inaccordance with local, state and Federal regulations. Leave site in a clean and orderlycondition.

11. Measurement and Payment: Separate measurement or payment will be made for workunder this Alternate Bid Item #1. All work associated with this item shall be part of the


Alternate Bid Item #1 Lump Sum Contract. See the Special Provisions for moreinformation.

END OF SECTION


ITEM 2-070: BASKETBALL COURT UNITS

1. Description: This item shall consist of furnishing and installing the necessary posts,backboards, hoops, nets and accessories for the basketball court at the appropriate locationsas shown on the plans and as ordered by the Engineer.

2. Submittals: Shop Drawings: Contractor shall provide fully dimensioned manufacturer’sshop drawings detailing specific product and conforming anchoring system.

3. Materials:

a. Basketball Court Unit

5-9/16” POST, 6’ Extension, Rectangular Board, Ultimate Goal,Model #:656-RS-UG

As manufactured by:

Jaypro Sports LLC976 Hartford TurnpikeWaterford, CT 06385800-243-0533860-447-3001

Or approved equal.

Concrete shall conform to Form 816 - 2004, Article M.03.01, Class C.

4. Construction Methods: The Contractor shall coordinate the installation of the posts withthe construction of the basketball court and application of court sealer.

The post foundations, Type C concrete, shall be not less than 30 inches in diameter, andnot less than 48 inches in depth.

The foundations shall be excavated and concrete poured and the posts so set as not to causecracking or other damage to the finished court surface. The posts shall be set plumb andtrue so as to support the backboard, hoop and net with the top of the rim at a height ofexactly 10’-0” above the court surface.


END OF SECTION


ITEM 2-140: MISCELLANEOUS SITE IMPROVEMENTS

1. Description: The work under this item shall include all labor, materials and equipment tofurnish and install or relocate the following site improvements and appurtenances:

a. Site Benchb. Trash Receptacle

2. Submittals: Contractor shall provide fully dimensioned manufacturer’s shop drawingsdetailing specific product and conforming anchoring system.

6. Materials:

a. Site Bench

8’ Cast End Back Bench (Steel Slats): Model #CFPB-018-08, Color: Black

As manufactured by:

Custom Fabrication, Inc.2903 NY Route 7P.O. Box 431Harpursville, New York 13787607-693-3223

Or approved equal.


b. Trash Receptacle

15’ HT. Aluminum Foul Pole: Model #LGFP415, Color: Powder Coat Yellow

As manufactured by:

Custom Fabrication, Inc.2903 NY Route 7P.O. Box 431Harpursville, New York 13787607-693-3223

Or approved equal.



3. Construction Methods: All Site Improvements shall be installed in accordance with themanufacturer's recommendation and as detailed on the plans.

7. Protection and Cleanup: Protect until final acceptance of the project.Replace or refinish surfaces if damaged prior to acceptance. Clean up alldebris from installation procedures.

8. Measurement and Payment: No separate measurement or payment will bemade for work under this item. All work associated with this item shall bepart of the Lump Sum Contract. See the Special Provisions for moreinformation.

END OF SECTION

END OF TECHNICAL SPECIFICATION

APPENDIX