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HomeMy WebLinkAbout105-92 RESOLUTION• him RESOLUTION NO. 105-92 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT TO FAYETTE TREE AND TRENCH IN THE AMOUNT OF $247,365.20 (INCLUDES CONTINGENCY) IN CONNECTION WITH MINISYSTEM 2 SEWER REHABILITATION. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF TEE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract to Fayette Tree and Trench in the amount of $247,365.20 (includes contingency) in connection with Minisystem 2 Sewer Rehabilitation. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of July , 1992. APPROVED: By:-%'„dirtelf" I' ATTEST: By Mayor 1 4 • McGoodwin.'Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville. Arkansas 72703 Telephone 501'443-3404 FAX 501/443.4340 August 5, 1992 Re: Bid Documents Sanitary Sewer System Rehabilitation and Reconstruction Minisystem 2 Contract Section I Fayetteville, Arkansas Project No. Fy-210 Ms. Sherry Thomas, City Clerk City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Ms. Thomas: Enclosed for the city's permanent files is the original bound bid of Fayette Tree & Trench, Inc. submitted June 17, 1992, for the above referenced project. JLR:sc Enclosure Very truly yours, Jeffrey L. Richards, P. E. 1 1 1 SRECIFWATiNN3 AND CONTRACT ROCUMRNTS SANITARY SEWER SYSTEM It REHABILITATIO A D .RECONSTRUCTION MINISYSTEM .COOfract Settles I • For the City -of • FAYE``EVILLE, ARKANSAS PLANS No. Fy- 10 Jamey 1992 and T Fayettevae, • amMCssdirle, ..w I • MED • • 0 O 4) r1 t� 0 0 a) 1 Si* V] Z 0) N PG m4.) 11. N C o a 0 ` aa) cig2,o N Z ela CO a 0 cu aavnill CO'0UO CO H O pja 0 N acv j °0Jo z a) o Ert, OWN w')yy • d I- 0 >1 cd co 0 zu4-)>22 11. RICRC cd H cd idr1H 14O GXa. June 17, 1992 License No. 91-3066 American States Insurance Company INDIANAPOLIS, INDIANA Bid Bond Know all Men by these Presents That we FAYETTE TREE & TRENCH, INC. P. 0. BOX 471 of FAYETTEVILLE, ARKANSAS 72702 (hereinafter called the Principal), as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF FAYETTEVILLE, FAYETTEVILLE, ARKANSAS 72701 (hereinafter called the Obligee) in the penal sum of 5% OF AMOUNT OF BID Dollars ($ 5% OF BID Ansfor the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for SANITARY SEWER SYSTEM, REHABILITATION & RECONSTRUCTION, MINI -SYSTEM #2, CONTRACT SECTION 1,PLAN FY210 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and Sealed this 17TH day of JUNE 1992 FAYETTE TREE & TRENCH, INC. 6-ep—s) I By: u '/�A/(�� ,Jp��-- PrincipalarripAL,s} G�ti� —6 ��r T� Witness [� Title STATES SURANCE COMPANY AORICAN y Wi ness , Attorney-in-Fact 9-1027 (10-89) LL_ ❑1-- ¢ ILI EC It — • w 0 yes w Q F ZZ ¢H ww o -w ace Q Q O. 1- O 1— zZ to w w O • 1 Z0 w Z W • j -0Z ✓ c W • ~ F • LL W Z Za O Q Q LL 0_ Q Z a a� ❑ J J Q ccZ >0 Q O 0 Z❑ N Q CD LU 1— F ~ GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS. that American States Insurance Company. a Corporation duly organized and existing under the laws of the State ot Wiens, and having as principal office in the City of Indianapolis. Indiana. hath made, constituted and appointed, and does by these presents make, constitute and appoint ROBERT M. RENNER OR KEVIN RENNER CT)Fayetteville and State of Arkansas its • true and lawful Attorney(s)-in-Fact, with hill power and authority hereby converted in its name. place and stead, to execute, acknowledge andN delh r any and as bonds. reeogntzances, contracts el indemnity and other conditional or obligatory undertakings, provided. however. 1 that the penal sum of any one such instrument executed hereunder shall not exceeds, 00,000.00) DOLLARS —4 President, sealed wait the cannon seal of the Corporation may do in the premises This Power of Attorney is executed American States Insurance Company, which reale as follows: resident, Senior Vice -President, Second Vice -President otter officer o; the Corporation. W appoint AtWncysin-lad to execute, on behalf of the Corporate, any bonds, TWO MILLION FIVE HUNDRED THOUSAND AND. NO/100 and to bind the Corporation thereby a fully and to the some extent as if such bands were and duly attested by M Secretary, hereby ratifying and confining as that the said A and may be revoked pursuant to and by authority granted by Section 7.07 of the - "The Chairman, the Prssidsnt.or any Vice -President (including any Ex or Assistant vice-Preeioanfi shalt have power, by and with the concurre a the business of the Corporation may require and to authorize recognizance.. stipulation and undertakings, whether by way of IN WITNESS WHEREOF, American States Insurance Company Assistant Vice-PresWsnt and its corporate seal to be hereto affixed A.D. 19 91 ATTEST: used these presents to be signed by its Vice -President, attested byits d day of August AN STATES INSURANCE COMPANY Assistant Vice -President STATE OF INDIANA COUNTY OF MARION SS 23rd day of Joseph P. Heim being by me duly swom, acknowledge theacutiorkof they States Insurance Company; that hethe seal of'e"' It was so affixed by authority of th BMrd`TSI DlreFllks Joseph F. Heim' fora s Gol'pgstio� mefr' On this Assistant VkaProsiOem of saf��rc KATHLEEN FOR JOHNSON COU MY COMMIS STATE OF IN COUNTY OF MAR the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is stilt In force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "Ali policies and otter instruments of insurance issued by the Corporation shall be signed on behalf 01 the Corporation by the Chairman, the president or any vice-president (Including any Executive Vice -President, Senior Vice -President, Yoe -President, Second Vice -President, or Assistant Vice -President) end the secretary, assistant secretary, or other officer, whose signatures, if the Instrument is duly countersigned by an authorized representative of the Corporation, may be tacslmltres. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." In witness whereof, 1 have hereunto set my hand and affixed the seal of said Corporation, this (1 t4 day of cel 114./ Q. A.D., 19_12.- A D 19 91 before me personally came to me known, who instrument and did depose and say; that he is a Vice -President of American rwration; that the seal affixed to the said instrument is such corporate seal; that .d Corporation; and that he signed his name thereto under like authority. And said is acquainted with John J. Rosich and knows him to be Me executed the above instrument. Notary Public THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN HEREOF IN RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN STATES INSURANCE — PRESENT IN ITS ENTIRETY. IF 9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 3'i1-2624262 OR (1.91) WRITE US AT P.O. BOX 1638, INDIANAPOLIS, IN 46206-1636. SPECIFICATIONS AND CONTRACT DOCUMENTS SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEM 2 Contract Section I For the City of FAYETTEVILLE, ARKANSAS PLANS N0. Fy-210 January 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 0 1992 McGoodwin, Williams and Yates TABLE OF CONTENTS Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Bid 5 Contract 6 Performance Bond and Payment Bond 7 Standard General Conditions of the Construction Contract 8 Supplementary Conditions 8 TECHNICAL SPECIFICATIONS Division 1 General Requirements Project Requirements 100 Testing 120 Temporary Facilities 130 Schedules 140 Storage and Handling of Materials 160 Division 3 Roads, Drives, Parking Areas, Sidewalks, and Curb & Gutter Crushed Stone Base 300 Pipe Bedding Material for Gravity Sewers 310 i 1 ' Division 4 Pipe and Pipe Laying Clearing, Cutting and Rebuilding/Repairing Fences 400 Surface Removal 401 Polyvinyl Chbride (PVC) Pipe and Fittings for Sewer Lines 419 Ductile Iron Sewer Pipe and Ductile Iron Sewer Pipe Fittings 420 Polyethylene Encasement for Ductile Iron Pipe, Fittings and Appurtenances 422 Mandrel Testing of Polyvinyl Chloride Pipe Sewer Lines 429 Cleaning and Televising Sanitary Sewer Lines 442 Main Line Air Test and Grouting 443 Point Repairs 444 Replacement of Line Segments 445 Bypass Pumping 447 Manhole Rehabilitation 448 Municipal Main Line Tap and Service Line Repairs 449 Placing Pipe Protection Cover and Compacted Backfill 461 Cast -In -Place Manholes 482 Cleanup and Seeding 489 City Street Repair 491 Driving Surface, Sidewalk and Curb and Gutter Repair 495 1 1 1 1 1 1 1 1 Division 5 Section Concrete and Reinforcing Steel Concrete 503 1 Division 12 1 Payment Methods of Measurement and Payment 1200 1 Appendix A 1 1 1 it 1 ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain, Fayetteville, Arkansas, until 2:00 p.m. on June 10, 1992, for furnishing all tools, materials and labor and performing the necessary work for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2, Contract Section 1 At this time the bids received will be publicly opened and read aloud in City Hall, Room 111. The work generally consists of: Replacement of approximately 3,100 linear feet of sanitary sewer line; construction of approximately 6 point repairs; construction of approximately 8 municipal main line tap and service line repairs; construction and/or rehabilitation of approximately 22 manholes; cleaning, de -rooting, testing and grouting of approximately 2,900 linear feet of main line; including clearing, excavations, cleanup, seeding and mulching, testing, and all work required for a complete rehabilitation or reconstruction of the existing sanitary sewer system. Plans and specifications are on file and may be examined at the office of the City Engineer, and in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon requests which are received through June 5, 1992, and upon the payment of $50.00 for plans and $50.00 for specifications, a total of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall ngt be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the Purchasing Officer, City of Fayetteville, 113 West Mountain Street, Room 307, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2, Contract Section I, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. 1-1 The Board of Directors reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the Board. The Board further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 22nd day of May 1992. /s/ Peggy Bates Peggy Bates, Purchasing Officer 1-2 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910 8, 1983 ed.) have the meanings assigned to them in the General Conditions The term "Bidder means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents' includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any+�aad�ditional information he desires. 1) Name of Bidder. ra vv 4':'� A* 2) Permanent main office address. POI go* 9 -?1 tirtsc-toi a , 7d'. j- 3) When organized. aii ' 1 7 7 I' I 9 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? a 1 2-1 Instructions to Bidders 6) Contracts on hand. (Schedule these, showing Amount of each contract and the appropriate anticipated dates of completion.) ,,,.r.4)44 -at . , , 7) Genjeral chars er pf work performed by your company. 8) Have yod ever ailed to complete any work awarded to you? ,Nc 9) Have you ever defaulted on a contract? If so, where and why? /V 10) List the more important projects recently completed by your company, stating the iporoximate cost fob each an�mont pand year complet9d. A l" wYd ^� c^a'�' hiv14 • 1 u �l15- a e D ?1..4 :.,.-" 1 I'd- �i 11) fiList,your major equipment available for this contract. ,c,:s.-s^ } e I, et �^-`ti'-" % N-- 3 n5,24;24:— 12) - Experience in construction similar in size to this project, along with project owners anndlenj'neers. j A 7r 13) `Bkckground and experience of the principal merles of your organization, including, the officers. 741.. 14) Credit available: C) u� r y� J Sc . 0 t d , etc ert_mi-1 M°' y I o 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? y 1/ Dated at of • ``h ., 1 -Al\ -1 Name of Organization:t/- ' / ,1,LC,- State S- State of axk...,,wo this / day ,194 I & F-0-'4\ - It: By . Title Y County of being duly sworn deposes and says that he (9184 is the PAL -4-1-.-01- - of A -'tw , - t Q. " �� u �.,E °1^ <- . Contractor(s), and that answe{ to the foregoing questions and all statements therein contained are true and correct 2-2 1 1 Instructions to Bidders Subscribed and sworn before me this /74 day of Qom_ 1 19 9 2. 1 `µR44 t C ••.14. rnission yes !TD .Q OPUsoG Ice ' Each wecontain evidence of Bidder's qualifications to do business In the state where the project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE Notary Public 1 1 1 4.1 It Is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. I4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which I have been utilized by Engineer in preparation of the Contract Documents Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non- technical data, interpretations or opinions contained therein or for the completeness Ithereof for the purposes of bidding or construction. 4 2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the Isite which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on ' request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.21 and 4.2.2 are incorporated therein by reference Such technical data ' has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data 1 furnished to Owner and Engineer by owners of such Underground Facilities or others, 1 2-3 Instructions to Bidders and Owner does not assume responsibility far the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5 1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received Tess than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2-4 Instructions to Bidders 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work Is to be substantially completed and also completed and ready for final payment (the Contract lime) are set forth in the Bid Form and the Agreement 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL' ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or 'or -equals items. Substitute or "or -equal' Items of materials or equipment, unless d is specified that no substitute will be allowed, may be furnished or used by the Contractor If acceptable to the Engineer. Application for acceptance of substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS. SUPPLIERS AND OTHERS 10.1 The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 2-5 Instructions to Bidders 10.2 The Contractor will be required to furnish the names of Subcontractors and the amounts of their subcontracts as required by Act 183, Arkansas Acts of 1957. The subcontracts may be for mechanical, electrical, roofing and sheet metal work Subcontract amounts must be submitted on a separate list in a sealed envelope and must accompany the Bid Form. The Subcontractor's name and license number shall appear on the outside of the sealed envelope. Subcontractors must be licensed according to the laws of the State of Arkansas. 11. BID FORM 11.1 The Bid Form Is included with the Bidding Documents; additional copies may be obtained from Engineer (or the Issuing office). 11 2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12 SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. MODIFICATION AND WITHDRAWAL QF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 2-6 Instructions to Bidders 132 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake In the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 14. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the Identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of matenals and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 2-7 Instructions to Bidders 16.5 If the contract is to be awarded, It will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best Interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 17. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, It will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the 'Arkansas State Licensing Law for Contractors.' Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. 2-8 Instructions to Bidders The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages Tess than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby 22. COMPLIANCE WITH ACT 125. ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965 This act provides for payment for certain taxes on materials and equipment brought into the state It further provides for methods of collecting said taxes All provisions of this Act will be complied with under this Contract 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 24. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162. ARKANSAS ACTS OF 1987 The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. 2-9 Bill Clirtm J.L. Dire ligtr G°''�^'°r dreaor OF ARKANSAS 1 ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LITTLE ROCK, ARKANSAS 72205 (501)682-4500 SFg.fu0a1)684�r"Yy 94534, 1992 11 McGoodwin, Williams & Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Sanitary Sewer System • Rehabilitation & Reconst. • Minisystem 2 - Phase I Fayetteville, Arkansas ' Dear Sirs: In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 91-99 establishing the minimum wages rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code '• Ann. SS 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. I If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.SS22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. S22 -9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site.. Ark. Code Ann. $22-9-309(a). Once the contract is awarded, please notify this office of the following: the name, mailing address and telephone number of the general contractor; the date construction is to begin; the anticipated completion date; and the amount of the project bid. If you have any questions please feel free to contact me at (501) 682-4533 or through fax at (501) 682-4532. ' Sincerely, Ann Sanders Prevailing Wage Supervisor enclosure 1 4-1 I I Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: January 9, 1992 DETERMINATION I: 91-99 PROJECT: Sanitary Sewer System COUNTY: Washington Rehabilitation and Reconst. EXPIRATION DATE: 7-9-92 Minisystem 2 - Phase I Fayetteville, Arkansas BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS L Bricklayers 7,20 Carpenters 7,20 Concrete Finishers 7,20 Electricians 8,75 Ironworkers: Structural 6.30 Reinforcing 5.45 Laborers: Air Tool Operator 5.15 Asphalt Heater Operator 5.15 Asphalt Raker 5.85 Carpenter Helper 5.15 Chain Saw Operator 5.15 Checker Grade 5.45 ' Concrete Finisher Helper 5.15 Concrete Joint Sealer 5.15 Concrete Saw Operator 5.15 Flagger 4.25 Formsetter 5.45 Laborer 4.25 L Pipelayer 5.45 Powderman 6.40 Vibratorman 5.15 Painter 6.20 Pile Driver Leadman 6.20 Power Equipment Operators: Aggregate Spreader Operator 5.80 ' Asphalt Plant Fireman 4.85 Asphalt Plantdrier Operator 4.85 Batch Plant Operator 5.80 Bulldozer Operator: Finish 6.90 Rough 5.65 Bull Float Operator 5.65 Concrete Curing Machine Operator 5.65 ' Concrete Mixing Operator: Less than 5 sacks 5.15 5 sacks or more 6.20 ' Backhoe-Rubbertired 1 yard or less 6.10 Cherry Picker Operator 6.10 Concrete Paver Operator 6.70 Concrete Spreader Operator 6.70 Crane, Derrick, Dragline, Shovel, Backhoe Operators: 1-1/2 yards or less 6.70 Over 1-1/2 yards 7.20 Crusher Operator 5.65 Distributor Operator 5.65 4-2 IPage 2 of 2 I I I LI 11 Li J D I I Ti Li IH H Li Li ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: January 9, 1992 DETERMINATION #: 91-99 PROJECT: Sanitary Sewer System COUNTY: Washington Rehabilitation and Reconst. EXPIRATION DATE: 7-9-92 Minisystem 2 - Phase I Fayetteville, Arkansas BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Drill Operator (wagon or truck) 5.65 Elevating Grader Operator 6.70 Euclid or like Equipment Operator (bottom or end dump) 5.25 Finishing Machine Operator 6.10 Forklift Operator 5.05 Front End Grader Operator 5.05 Front End Operator: Finish 6.70 Rough 5.65 Hydro Seeder Operator 5.15 Mechanic 6.90 Mechanic Helper 5.25 Motor Patrol Operator: Finish 6.90 Rough 5.65 Mulching Machine Operator 5.15 Oiler and Greaser 5.45 Pile Driver Operator 6.20 Power Broom Operator 5.15 Pug Mill Operator 5.15 Roller Operator (self-propelled) 5.25 Scraper Operator: Finish 6.90 Rough 5.65 Sod Slicning Maching Operator 4.95 Stabilizer Mixing Maching Operator 5.65 Tractor Operator: Crawler Type 5.15 Farm and Wheel 5.15 Wheel Type (with attachment 1 yard or under) 5.55 Trenching Machine Operator 5.55 Stonemasons 7.20 Truck Drivers: Distributor Truck 5.45 Semi -trailer 5.45 Lowboy 5.65 Transmit Mix 5.45 Truck Drivers (Light -less than 3000 lbs.) 4.85 Truck Drivers (Heavy -more than 3000 lbs.) 5.15 Well Drillers 6.90 Welders -receive rate prescribed for craft performing operation to which welding is incidental. CERTIFIED JULY 13, 1989 Li 4-3 JUN -E5 -EC t_'g- ' '1 Ri 'r F: TEL H:5rTu_ cF.434u#?7n-=' ADDENDUM NO. 1 SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEM 2 Contract Section I Fayetteville, Arkansas Plans No, Fy210 Dated January 1992 The Specifications and Contract Documents for the above project are hereby changed or clarified In the following particulars: Section 1 - Advertisement for Bids The data for receiving bids Is hereby extended one week. On page 1-1, first paragraph, the date of June 10, 1992, Is hereby changed to read June 17, 1992. June 5, 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Roiling Hills Dr've Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 JUN -16-'52 t4:�1._.,L:I1 I- laic TEL r40:501-44=-4346+ i7344}'c1,_,_ { �4 / -- f ADDENDUM $0.2 SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MiNISYSTEM 2 Contract Section I Fayetteville, Arkansas Plans No. Fy-210 Dated January 1992 The Specifications and Contract Documents for the above protect are hereby changed or clarified In the following particulars: The Bid form Is hereby changed In the following particulars: 1) On page 5-4, Item No. 12, •2,2,0 Linear Feet, Clean, Test and Grout Main Line," is hereby deleted from the Bid. 2) On page 5-4, Item No. 13, "760 Linear Feet, Do -Root, Clean, Test and Grout Main Line," Is hereby deleted from the Bid. 3) On page 5-5, Item No. 21, •1,700 Linear Feet, Clean and Televise Main Line, complete In place," Is hereby deleted from the Bid. The Bidder 5lhall utilize the enclosed Elid pages 5-4 and 5-5 in preparation of his Bid. The sheets shall be stapled or otherwise attached to pages 5-4 and 5-5, respectively, of the existing Bid Documents. Section 442 - Cleaning and Televising jLn!tary Sewer Lines Section 442 is horoby deleted from tha Specifications and Contract Documents, • l: wiIgl • • Section 443 Is hereby deleted from thl3 Specifications and Contract Documents. June 16, 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 5 I I - t I I I Li I I H J L] I I I I I I BID SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEM 2 Fayetteville, Arkansas Plans No. Fy-210 Dated January 1992 Board of Directors City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 To the Board of Directors: The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or Indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and In accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Inn and such addenda are attached to the Bid. Number I 5-1 I Li L L I I I 1 I I C1 I I I I I I I b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder Is entitled to rely. d) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, Investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all Information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and, conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. f) Bidder has correlated the results of all such observations, examinations, Investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I 5-2 1 1 1 I I I 1 4. 5. The following documents are attached to and made a condition of this Bid. Security in the form of bid bond or certified orrnashier's check for C 70 is '/I ($ 1. Required Bid The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. 190 Unear Feet, 12' Ductile Iron (D.I.) Gravity Sewer Pipe, 0-6' In depth, complete in place 2. 2,650 Unear Feet, 8' Ductile Iron (D.I.) Gravity Sewer 0-6' in depth, complete In place 1 • • • _ ' r V 1 I_• •: •:• r• Itt • . rc • :1 a. _ 1 1:. 1 •o• r• • 1 ' . i s ' 5-3 JUN 1'=- _ $d am I D: M Item Estimated No. Quantity 8. 82 9. TEL t '. Sui-443--4340 Description of Item and Unit or Lump Sum Price Bid Each, Sower Service Line Reconnections, complete in place Each, Plug Servit:e Lateral, complete in place aJeJtSdolIars (S5 i0 )/Each __ 510,00 10. a Each, Municipal Main Line T€ - Repair, complete in place 7 v 4 Each, Repair Manhole/Municipal: Service Line Connection, complete in place Total Amount - nL 4 tkja_%le (p ��' doll r 00 )/Each _(ice e_-- 12. Delo ed This Bid Item DELETED. -- XXXXXXXXXXXX:(XXXXXXXXXXXXXXXX)CXXXXXXXXXXXXXXXXXXXXX(XXXXXXXXXX7i): 13. Deleted This Bid Item DELETED. XXXXXXXXXXXXXXXXXXXXXXXXXXXXX)CXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX< 14, De eted This Bid '•1<4rn DELETED. X.XXXXXXX.XX XXX.XX.KX.xXXXXXX XX, FXXXXXXXXXXX)XX.XXXX.XXXXXXXXXXXXXXXXXXXX 15. 15 Each, Rait,I:g Manhole Frame and Lid us. S2lJ 6tt4S4. axt m &S .._dollrs &too vEach oo, oo _ V w a. I 11 Item Estimated Total ' No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 8. 82 Each, Sewer Service Line Reconnections, complete in place ' dollars( )/Each $ 9. 1 Each, Plug Service Lateral, complete in place dollars ( 1/Each ' 10. 4 Each, Municipal Main Line Tap Repair, complete in place dollars ( 1/Each ' 11. 4 Each, Repair Manhole/Municipal Service Line Connection, complete in place dollars ( 1/Each ' 12. 2,AQ Linear F2n, Test and Grout Main Line 1 dollars ( )/F. 13. 736 Linear Feet, De -Root, Clean, Test and Grout Main dollars f ) L.FF, 14. Deleted This Bid Item DELETED. 15. 15 Each, Raising Manhole Frame and Lid I 5-4 — Estimated - -- Quantity Description of item and Unit or Lump Sum Price Bid 3 Each, Cast -in -Place Manholes, complete In place we- • , Each, Mar!hole 3placement, complete in place Tons, Granular Ease (AHTD :ass 3) for trench backfill and driving surface repair, complete in place 19. 2,001 Square Yards, Concrete for driving surface and sidewalk repair, o3mplete in place Tons, Hct-Mixed, Hot -Laid Aspls It Concrete for Pavement Repair and Overlay, complete In place Deleted This Bid Item DELETED. XXXXXXXXXXXXxxXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXXXXXXr' Each, Repair Manhole/Municipal Main Line Connact'nn, complete in place clxug-ogutstC tcQ- , a$ef�na. Q __ 6t) Total Amount Bid . . . . . . . . . . . . . .... . ..... .. $.ES.Cyo PI 1 1 i 1 1 1 .p- S Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 16. 3 Each, Cast -in -Place Manholes, complete in place dollars ( )/Each $ 17. 3 Each, Manhole Replacement, complete in place dollars( )/Each 18. 2,550 Tons, Granular Base (AHTD Class 6) for trench backfill and driving surface repair, complete in place ollars ( 1/Ton I 19. 2,000 Square Yards, Concrete for driving surface and sidewalk repair, complete in place 1 dollars ( )IS.Y. 1 1 [1 I 1 1 1 20. 270 Tons, Hot -Mixed, Hot -Laid Asphalt Concrete for Pavement Repair and Overlay, complete in place ollars ( 1/Ton 21. 1;y'90 Linear Feet, Clean and Televise Main Une, complete in place ollars ( 1/L.F. 22. 1 Each, Repair Manhole/Municipal Main Une Connection, complete In place dollars()/Each Total Amount Bid .............................. 5-5 I I5. (continued) I Unit quantities are not guaranteed. Final payment will be based on actual quantities as measured in accordance with Section 1200, •Methods of Measurement and Payment.' Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. ' The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. ' The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. ' 6. The Bidder agrees that all Work will be complete within 120 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. ' Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. ' 7. Communications concerning this Bid shall be addressed to the address of Bidder Indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract Included as part of the Contract Documents have the meanings assigned to them in the General Conditions. ' Submitted this 1 7 day of .19 9 ' Respectfully submitted, ' ram at ( m Name) By Title WIPI . A] •• Attest: 5-6 I I I I I I I I I I I I I L. I L L AKIRA9T State of Arkansas County of Washington ) THIS AGREEMENT, made and entered into this day of 19 _ by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and of the City of Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2, as set out in the Plans and Specifications for Contract Section I, and approved by the Board of Directors of the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the rehabilitation and reconstruction of said sanitary sewer system; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Sanitary Sewer System Rehabilitation and Reconstruction, including clearing, excavation, backfilling, sewer pipe replacement, sewer pipe cleaning and grouting, manhole rehabilitation or reconstruction, road restorations, cleanup, seeding and mulching, testing, and all work required for a complete installation, which consists of all items as set out in the Bid, these Specifications and Plans No. Fy-210, Contract Section I, dated January, 1992, for the unit and lump sum prices bid in the Bid, all of which become and are a part of this contract, the total sum being dollars ($ ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated In the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. I 6-1 I The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and complete all work within one hundred twenty (120) calendar days from the date of the Issuance of the Notice to Proceed. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided In the Specifications, and to make payment on account thereof as provided below. I I I I I I I I I I I I Li As soon as is practicable after the first of each calendar month, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Except as otherwise provided by law, ten percent (10%) of each approved estimate shall be retained by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then Issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time Is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said. amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered In the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. No such extension shall be made for delay occurring .more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. I 6-2 I L.' H HI I I In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for any work theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as Its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner In completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. 1 ' Witnesses' I Firm Name By if corporation, secretary should attest. Attest: 1 ' Sherry L. Thomas, City Clerk I J I CITY OF FAYEITEVILLE, ARKANSAS Fred Vorsanger, Mayor 6-3 I 11 I I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) called 'Principal" and (3) Iof I I I I I I I I I I a(2) State of , hereinafter called the "Surety," are held and firmly bound unto (4) , hereinafter called the 'Owner,' in the penal sum dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of 19, a copy of which is hereto attached and made a part hereof for the construction of: Sanitary Sewer System Rehabilitation and Reconstruction, Minisystem 2. Contract Section I; Fayetteville, Arkansas; Plans No. Fy-210. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands Incurred under such contract, and which It may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain In full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 7-1 17 I I This bond Is given in compliance with Act 351, Arkansas Acts of 1953, and Act ' 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed In six (6) counterparts, each one of which shall be deemed as original, this the day of , ' 19 Attest: I I I I I I I I I I (Principal) Secretary (Seal) Witness as to Principal Address Attest: (Surety) Secretary (Seal) Witness as to Surety Principal M Address Surety By Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work Is to be performed prior to the start of construction. 7-2 I I I I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) called "Principal" and (3) of a(2) hereinafter State of ,hereinafter called Ithe "Surety," are held and firmly bound unto (4) I I I I I I I I I I I I , hereinafter called the "Owner," in the penal sum dollars ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of 19 , a copy of which is hereto attached and made a part hereof for the construction of: Sanitary Sewer System Rehabilitation and Reconstruction. Minisystem 2, Contract Section 1; Fayetteville, Arkansas; Plans No. Fy-210. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor In the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. • The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 7-3 I IPROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be ' unsatisfied. This bond Is given In compliance with Act 351, Arkansas Acts of 1953, and Act 1 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. ' IN WITNESS WHEREOF, this Instrument Is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of I. 19 Attest: Principal (Principal) Secretary By 1 (Seal) Witness as to Principal Address 1 Address 1 Attest: Surety 1 (Surety) Secretary By (Seal) Attorney -in -Fact i Witness as to Surety Address Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. 1 (2) A corporation, a partnership, or an indlv(duai, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor Is a partnership, all partners should execute bond. ' (6) This bond must be filed with the Circuit Clerk of the county where the work Is to be performed prior to the start of construction. I 7-4 I ' This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification STANDARD GENERAL CONDITIONS ■ OFTHE' I. CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee and ,` Issued and Published Jointly By I I V PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE the NATIONAL SOCIETY OF PROFEStice division S ONAL ENGINEERS ' AMERICAN CONSULTING ENGINEERS COUNCIL I I I I I AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General - a Contractors of America General Conditions have been prepared for use with the Owner -Contractor Agreements (No. [These 910-8-A-1 or 1910-8-A-2, 1983 editions). Their provisions are interrelated and a change in one may ecessitate a change in the others. Comments concerning their usage are contained in the Commentary n Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. For uidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple. entary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of nstructions to Bidders (No. 1910-12, 1983 edition) may be used. I No. 19104 (1983 Edition) I I I I I F I 1 El I I [1 1 I C1983 National Society of Professional Engineers , 2029 K Street, N.W., Washington, D,C, 20006 American Consulting Engineers Council 1015 15th Street, N'.W„ Washington. D.C. 20005 American Society of Civil Engineers 345 East 47th Street, New York. NY 0017 Construction Spect9calions Inslicute 601 Madison St.. .Alexandra. V.A 22314 I I t I TABLE OF CONTENTS OF GENERAL CONDITIONS • Article ,u_• . Number Ttt4q•,. Page • I DEFINITIONS .................. 2 PRELIMINARY MATTERS ........................................ 8 3 C&ITRACT DOCUMENTS: • Ir.ri4 NT, AMENDING AND REUSE ............................... 9 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. 10 • 5 BONDS AND INSURANCE ........... 11 6 CdNTRACTOR'S RESPONSIBILITIES ............................ 14 ., 7 OTTER WORK ..................................................... 18 ' ' 8 O%IER'S RESPONSIBILITIES .................................... 19 Ia, 9 E 1`lI(+INEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK ......................................... 21 II CHANGE OIi CONTRACT PRICE ................................... 21 12 CHWNGE OF CONTRACT TIME ................................... 24 13 WAIRANTY AND GUARANTEE: TESTS AND INSECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 24 t14 PAYiIENTS TO CONTRACTOR AND COMPLETION ............ 26 1S SUSPENSION OF WORK AND TERMINATION .................. 29 16 AR�IIRATION ......•..s......... ......... .. .. ............... 31 ...... 17 MISCELLANEOUS................................................. 32 I 3 1 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance ofInsutance ..............................S.13 Access to the Work .................................. 13.2 Addenda— definition of Isee definnion of Specifications) ........................................ I Agreement —.definition of ................................ 1 All Risk Insurance ..................................... 5.6 Amendment, Written I, 3.1.1 ............................. Application for Payment -definition of .................. I Application for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment —review of .... 14.4-14.7 Arbitration ................. Aulhorized Variation in Work ......................... 9.5 Availability of Lands..................................4.1 Award, Notice of —defined .............................. Before Starting Consiraciion ...................... 2.5-2.7 Bid--4fefinition of ...................................... 1 Bonds and Insurance —in general ........................ 5 Bonds--defimuon of.....................................1 Bonds. Delivery of ............................... 2.1, 5.1 Bonds. Performance and Other ...................5.1-5.2 Cash A'lowances ............................. ....... 11.8 Change Order-4efinition of ..4 4.4 ....................4.. Change Orders —to be executed .....................0.4 Changes in the Work ................................... to Claims, Waiver of —en Final Payment ............... 14,16 Clarifications and Inter^,.retations ...................... 9.4 Cleaning ......., Completion.............................................14 Completion, Substantial .........................I4.8-4.9 Conference, Preconstruclion .......................... 2.8 Conflict. Error, Discrepancy —Contractor Io Report ......................................2.5, 3.3 Construction Machinery. Equipment, etc . .... ........ 6.4 Continuing Work ..................................... 6.29 Contract Documents —amending and supp!ementing ..................444....4........ 3.4-3.5 Contract Documents —definition of ...................... I Contract Documents —Intent 3.1-3.3 ...................... Contract Documents —Reuse of 3.6 ....................... Contract Price, Change of ........ .4 ........ 4,.......... II Contract Price —definition ...............................I Contract Time. Change of .............................. 12 Contract Time. Commencement of 13 .................... Contract Time —definition of ............................I Contractor—def nition of ....... ....... ................ I Contractor .May Stop Work or Termin.s:e ........... . 15.5 Contractor's Continuing ONi atiun .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................... 2.5.3.2 ........ .... Contractcr's Fee —Cori Plas ... II .4A6. 11.5 I. 11.6-I 1.7 Contractor's Liaodity Insurance ........................ Contracior s Responsmilrties—m general ................ 6 Contractor's Warranty of Title ........................ 14-3 Contractors other ......................................7 Contractual Liability Insurance 5.4 ......44 ................ Coordinating Contractor —definition of ................ 7.4 Coordination 7.4 .......................................... Copies of Documents ..................................1 _.2 Correction or Removal of Defective Work ........... 13.11 Correction Period, One Year 13.12 ..............4444...... Correction, Removal or Acceptance of Defective Work—in general ........................... 13.11.13 14 Cost —net decrease ................4 11.6.2 ..........4..4.4 Cost of Work ...................11.4-11.5 Costs. Sup pkmentat................................ 11.4.5 Day --definition of ....................................... 1 Defective—def nition of ....................... 4 ......... 1 Defective Work. Acceptance of ...................... 13.13 Defective Work, Correction or Removal of .......... 13.11 Defective Work—in general ...............13. 14.7, 14.11 Defective Work, Rejecting ............................. 9.6 Definitions I .............................................. Delivery of Bonds.....................................2.1 Determination for Unit Prices 9.10 ........................ Disputes, Decisions by Engineer ................. 9.11-9.12 Documents. Copies of ........................ 2.2 Documents, Record ................................... Documents. Reuse....................................3k Drawings —definition of.................................I Easements ...............4.44........4................ 4.1 Effective date of Agreement —definition of ...............I 4...... Emergencies ......................................... 6.22 Engineer—defimlion of..................................1 Engineer's Decisions ............................9.10-9.12 Engineer's —Notice Work is Acceptable ............. 14.13 Engineer's Recommcndalian of Pa) ment ...... 14.4, 14.13 Engineer's Responsibilities, Limitations on .................................. 6.6. 9.11, 9.13-9.16 Engineer's Status During Construction —in general ...... 9 Equipment. Labor, Materials and 4......444........ 6.3-6.6 Equivalent Materials and Equipment ..........6.7 Exploralions of physical conduions 4....4...4.....4... 4.2 Fee, Cor.iracior's—Costs plus ........................ 11.6 Field Order —definition of 1 ............................... Field Order —issued by Engineer ................ 3.5.1. 9.5 Final Application for Payment ..... ................. 14.12 Final Inspection ..................................... 14.11 Final Payment and Acccpance ...................... 14.13 Final Payment. Recommendation of ...........14.13-4.14 General Provn.ons ..............................17.3-17.4 Genera! Requiremen:'-cfinuion of ..................... I General Requirements —priori pal references to .. .... ......... 2.6, 4-4. 6.4. 6,6-6.7, 6.23 I I I I I. I I I I I I I I I I Giving Notice .............. 17.1 ......................... Guarantee of Work —by Contractor ........,.;,•„••„ 13.1 Indemnification ............................. 6.30-6.32, 7.5 Inspection, Final ......... .... 14.11 ....................... Inspection, Tests and ..0.......0...........0..0....... 13.3 Insurance, Bonds and —in general .............. • Insurance, Certificates of ................................ 5 2.7, 5 • Insurance —.completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... 5.3 Insurance, Contractual Liability ....................... 5.4 Insurance, Owner's Liability ................ Insurance Property 5.5 PY ..........I ................... 5.6-5.13 Insurance —Waiver of Rights ..................... . 5.11 Intent of Contract Documents ..........•.•••• ...........I.... 3.3, 9.14 Interpretations and Clarifications ........ .. 9.4 ............ nvestigations of physical conditions ................... 4.2 Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations —definition of ..................... 1 Laws and Regulations —general ....................... 6.14 Liability Insurance —Contractor's ..................... 5.3 Liability Insurance —Owner's ......................... 5.5 Liens— definitions of ...........0 .............0..0.0. 14.2 Limitations on Engineer's Responsibilities 0 0 . ................. 6.6, 9.11,9.13-9.16 Materials and equipment —famished by Contractor .... 6.3 Materials and equipment —not incorporated in Work -.......................... Materials or equipment --equivalent ... . . . . . . . . . . . 14.2 6.7 Miscellaneous Provisions ........ 17 Multi -prime contracts ..••... ........................... 7 Notice, Giving of ................ 17.1 .................... Notice of Acceptability of Project 000 ............... 14.13 Notice of Award —definition of .......................... I Notice to Proceed —definition of ......................... 1 Notice to Proceed —giving of .......................... 2.3 „Or -Equal" Items ..................................... Other 6.7 contractors ....................................... 7 Otherwork ........................................ Overtime Work —prohibition of ........................ Owner —definition of 6.3 .................................... Owner May Correct Defective Work I ................. Owner May Stop Work 13.14 .............................. Owner May Suspend Work, Terminate 13.10 ......... .. 0 Owner's Duty to Execute Change Orders 15.1-15.4 ............. Owner's Liability Insurance 11.8 ............•.............. Owner's Representative —Engineer to serve 5.5 as ........ Owner's Responsibilities —in general 9.1 .................... Owner's Separate Representative 8 at site ............... 9.3 Partial Utilization Partial Utilization —Definition of .... Partial Utilization —Property Insuran Patent Fees and Royalties .. Payments. Recommendation of Fogg. Payments to Contractor —in general Payments to Contractor —when due ........... 14.4, 14.13 Payments to Contractor —withholding ................ 14.7 Performance and other Bonds ..................... 5.1-5.2 Permits............................................... 6.13 Physical Conditions ................................... 4.2 Physical Conditions —Engineer's review ............. 4.2.4 Physical Conditions --existing structures ............ 4.2.2 Physical Conditions --explorations and reports ....... 4.2.1 Physical Conditions —possible document change ..... 4.2.5 Physical Conditions —price and time adjustments .... 4.2.5 Physical Conditions —report of differing ............. 4.2.3 Physical Conditions —Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of .............................. 6.16.6.18 Price, Change of Contract .............................. I I Price -Contract —definition of ............................ I Progress Payment, Applications for ................... 14.2 Progress Payment—retainage ......................... 14.2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Project —definition of .................................... I Project Representation —provision for ............ .. 9.3 Project Representative, Resident —definition of .......... I Project, Starting the............I...................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance —Partial Utilization ............... 5.15 Property Insurance —Receipt and Application of Proceeds ................................... 5.12-5.13 Protection, Safety and ........................... 6.20-6.21 Punchlist ........................................... 14.11 Recommendation of Payment .................. 14.4. 14.13 Record Documents ................................... 6.19 Reference Points ................... Regulations, Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site ........... 7.1-7 3 ................... Remedies Not Exclusive .. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative —definition of ........... I Resident Project Representative —provision for ........ 9.3 Responsibilities, Contractor's —in general ............... 6 Responsibilities, Engineer's —in general ........ 9 Responsibilities, Owner's —in general .................... 8 Retainage ...... 14.2 .................. Reuse of Documents .................................. 3.5 Rights of Way ......•... 4.1 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................ 6.20-6.21 Samples ........................... 6.23-6.28 Schedule of progress ........ 2.6, 2.8-2.9.6.6. 6.29, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23. 14.1 Schedule of values ...................... 2.6.2.8-2.9, 14.1 Schedules, Finalizing ........ ............ Shop Drawings and Samples .......... 9 ........6.23-6.28 Shop Drawings —definition of ............................ Shop Drawings, use to approve substitutions...................................... 6.7.3 I Site. Visits to —by Engineer ........................... 9.2 Specifications—defin«ton of ............................. Starting Construction. Before ...................... 2.5-2.8 Starting the Project .................................... 2.4 Stopping Work —by Contractor ....................... I5.5 Stopping Work —by Owner .......................... 13.10 Subcontractor —definition of ............................. I Subcontractors —in general ....................... 6.8.6.11 Subcontracts —required provisions ............ 5.11.1, 6.11 11.4.3 Substantial Completion—certitcation of .............. 14 8 Substantial Completion —definition of .................... Substitute or "Or -Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions --definition of ................ I Supplementary Conditions —principal references to .. 2.2. 4.2, 5.1, 5.3, 5.6-5.8, 6.3, 6.13. 6.23. 7.4. 9.3 Supplementing Contract Documents ...............3.4.3.5 Supplier —definition of ................................... Supplier —principal references to ... 3.6. 6.5. 6.7-6.9. 6.20. 6.24, 9.13, 9.16. 11.8, 13.4. 14.12 Surety —consent to payment ..................14.12, 14.14 Surety —Engineer has no duty to ..................... 9.13 Surety —notice to .......................... 10.11 10.5, 15.2 Surely —qualification cf ........................... 5.1-5.2 Suspending Work, by Owner ......................... 15.1 Suspension of Work and Termination —in general ....... 15 Superintendent —Contractor's ......................... 6.2 Supervision and Superintendence .................. 6 1-6 Taxes —Payment by Contractor ....................... 6.15 Termination —by Contractor .......................... 15.5 Termination —by Owner .........................15.2-15.4 Termination. Suspension of Work and —in general ...... 15 Tests and Inspections ...........................13.3-13.7 Time, Change of Contract .............................. 12 Time. Compilation of..............................17 Time. Contract—dellni:ion of ............................ I Uncovering Work ...............................13.8-13.9 Underground Facilities-defirition of .................... I Underground Facihtiee—not shown or :ndicared .....4.3.2 Underground Facilities —protection of .........., 4.3. 6.20 Underground Facil:ties—shown or indicated ........ 4.3.1 Unit -Price Work —definition of .......................... 1 Unit Price Work —general ................. 11.9. 14.1. 14.5 Unit Prices ........................................ 11.3.1 Unit Prices. Determinations for ....................... 9.10 Use of Premises ... ............................. 6 16-6.18 Utility owners .......................... 6.13, 6.20. 7.2-7.3 Values. Schedule of . ....................... 2.6.'..9. 14.1 Variations in Work—Authcnzed ............ 6 25. 6.'_7.9.5 Visits to Site —by Engineer . ......................... 9.2 Waiver of Claims ---an Final Payment ............... . 14. Waiver of Rights by insured parties ............. 5.10. 6. Warranty and Guaranlce—by Contractor .............13 16 II .1 4.3 2 7 29 5 0 5 .2 14 .5 -4 I I I I 1 I 1 1 I I I I 1 I I 1 I I I I I I I I 1, GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents, Agreement The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment —The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds —Bid, performance and payment bonds and other instruments of security. Change Order —A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents —The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). defective. —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effective Date of tire Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER —The person, firm or corporation named as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements —Sections of Division I of the Speci- fications. Laws and Regulations; Laws or Regulations —Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER —The public body or authority, corporation, asso- ciation, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization —Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be Contract Time —The number of days (computed as provided provided under the Contract Documents may be the whole, in paragraph 17.2) or the date stated in the Agreement for the or a part as indicated elsewhere in the Contract Documents. completion of the Work. ' CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. Resident Project Representative —The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. 1 lI Shop Drawings —All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules. perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion —The Work fora specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently compete, in accordance with the Contract Documents, so that the Work (or specified part) can be uti:ized for the purposes for which ills intended; or if there be no such certificate issued. when final payment is due in accordance with paragraph 1.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comp,e- Son thereof. Supplementary Conditions —The part of the Contract Docu- ments which amends or suppiemenis these General Condi- tions. Supplier —A manufacturer, fabricator, supplier, distributor materialman or vendor. Underground Facilities —All pipe;ines. conduits. ducts, cables. wires, manholes, vauits, tanks, lunne!s orother such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases, sleam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price Work —Work to he paid for on the basis of unit prices. Work—The entire completed construction or tie various sep- arately dentifiobic paris thereof required to re furni+het under the Contract Documents, Work is the rc•u.t of per- forming sen ices, furnishing labor and furnishing and incor- poraling maienals and equipment into the conitiuction.:ii as required by the Contract Documents. Work Direr live Change —.A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition, de!etion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies inder paragraph 6.22. A Work Directive Change may not change the Contract Pnce or the Contract Time, but is evidence that the parties expect That the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract rime as provided in paragraph 10.2. R'rrteen Amendment —A written amendment of the Contrail Documents, signed by OWNER and CONTRACTOR on or after the Effective Dale of the Agreement and normally deal- ing with the nonengtnecring or nontechnical rather than strictly Work -related aspects of the Contract Documents. (Additions; Sc-:) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delisers the executed Agree- ments to OWNER. CONTRACTOR shat! also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (or.less otherwise specified in the Supalementary Con- dilions) of the Contract Documents as are reasonably nec- essa.-y for the execution of the Work. Additional copies will be furnished, upon request. at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Time; Naiice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effectise Date of the Agree- ment. In no event wil! the Contract Time commence to run tater Than the seventy-fifth coy after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier Starting the Project: 2.4. CI)NTRAC.'OR shall ,tau to perlorm the Work on the case when tic Contract Time commences to run. but no Work ,hull he done al the Nile prior to ire J..tc or sshich the Contract Time ♦ommences to run. Before Starting (oneeruennn: 2.5. Bchi-c undcnnkmg each part of the Work. CON. TRACTOR shat I carefully study and comcure the ('oniracl Documents end check and senfy pertinent figures shown tZ' i I I I I I I] I I I I I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions, and • 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs £3 and 5.4 . aSt9 a49tYflff/9h11oWI5N (SC -2.7) Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment. and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER, or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGI- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRAC- TOR finds a conflict, error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification I 9 from ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment. 3.4.2. a Change Order (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). As indicated in paragraphs 11.2 and 12.1, Cortraci Price and Contract Time may on:y be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work nay he authorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5) 3.5.2 ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.2'), or 3.5.3. ENGINEER's written interpretation or c:arifi cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6, Neither CONTRACTOR nor any Subcontractor or Supp:ier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights to any of the Drawings, Specifications or ether docu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER: and they shall not reuse any of them on extensions of the Protect or any other protect without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE -f---AVA)LAI3!I.ITY OF LANDS: PHYSICAL CONDITION'S: REFERENCE POINTS A railability of Lands: 4.l- OWNER shall furnish, as indicated in the Contract Docurr,cnts, :he lands upon which the Work is to he per. formed. rights -of -way and easements for access thereto, and such other lands which arc des:gnated for the use of CON- TRACTOR. Easements for pernanenl structures or perma- nent changes in existing facdnies wLl be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing These lands. rights-cf-way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may mane a claim therefor as provided in Article 12, CONTRACTOR shall provide for a!I additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.t. Es'ploraiions and Reports: Reference is made to the Supplementary Conditions.for ideni iPwatior. of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGIN EER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data. interpreta- tions or ep,nions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2-6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. (Addition; SC -4.2.1) 4.2 2. Existing ,Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2-6, CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4 2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4.2.1 and a 2.2 is inaccurate, or 4.2.3 2. any physical cond'lton uncovered or revealed a: the ,:Ie d.lfe:s materially from that mdi. cared, reflected or referred to in the Contract Docu- menr,. CONTRACTOR shall, proirptl) after becoming aware thereof :.nd before performirg any Work in conneca'on (hcrew:ih fexcep! in an emergency as permitted by para. graph 6.22). notify OWNER and ENGINEER in wnt!ng about tie rraccuracy or cdTerence. I I 10 I I I [1 I C 'H I I I I Li I I 4.2.4. £NGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity dfobtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Pdisible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Diredlive Change or a Change Order will be issued as providefin Article 10 to reflect and document the consequentt€sof the inaccuracy or difference. 4.2.6. Pdisible Price and Time Adjustments: In each such case, 11bincrease or decrease in the Contract Price or an extenslbh or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles II and 12. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing U'pderground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by o'4hers. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1, OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and, 4.3.1.2.., CONTRACTOR shall have full responsi- 4. bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5 —BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" 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 a certified copy of the authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any pan of I II II the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within fve dais thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which clay arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be performed or furnished by CONTRACTOR. by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: (Addition; SC -5.3) 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and ocher similar employee ben- efit acts; 5.3.2. Claims for damages because of bodily injury. occupational sickness ordisease, or death of CONTRAC• TOR's employees; 5.3.3. C:aims for damages because of bod:ly injury. sickness or disease, or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by persona. injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to ordeslydctlon of tangible prop- erty wherever located, including loss of use reswnng Therefrom; 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and 5.3.7. Claims for damages because of bodily IiCury or death of any person or property damage arising cu a of the ownership, maintenance ur use of any motor %chicle. The insurance requ:red ny this paragraph 5,3 shall include the sp eclhc coverages and he written for not less rh..n the limns of l,ahilicy .end cc era cc, pros lded in lie Sappl: mcn. tarp Conditicin, or regt.iced by law, s, hrhes er n realer. The co'npr;her-,ise percrat Valid t7 insurance shad ir. Ind, comI:tcd opera:-uns :murancc. Al of Inc pol.sics dl ir.sr l- ance ,d regJlred Ia be pJt Cha•ed and rimnialllcj or tr e certClcare' or at her evidence Incrcclt shah coni n a prJei- ron or endorsement that the coserape afforded cols not rc carce,lcd. materially charged or renewal relused until at least thirty days' prior written notice has beer. given to OWNER and ENGINEER by certified mail. Ali such insurance shall remain in effect until final pay rent and at all limes thereafter when CONTRACTOR may he correcting. removing or replacingdefecrire Wcrk in accordance with paragraph 13.12. In addition. CONTRACTOR shall mairmin such completed operations insurance for al least two years after f nal pavmenl and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter, Contractual Liabiliq Insurance: 5.4. The compreiensivegeneral liabi:ityinsurance required by paragraph _s.3 will include contractual habi.ity insurance applicable to CONTRACTOR'sob:igations under paragraphs 6.30 and 6,31. Owner's Liability insurance: (ReDi acerent; Ills!/b1t1 4�/�►(aillSd/rfs(, tSSC5.c).01.,Gliddw ,fo"oov/9KHO'b/6>id/Ns1;''UcY/HVVVielh4y/h. 9Iv4;`CA 'li/Ploy•VIAOOAe/;9W�¢NNYdIfeift/st�sfrl fl/HY ' Y�rPtch/P gR6Y; i fJar {rit> )iA$Aa iA1 VV -71 YPrs"9y YikF/MAIIiy�P>i PN ropem•Insurann: (RepIacenerlts; SC -E.5; SC -5.7) .6. Unless otherwise provided in the Supplements Co iti ns. OWNER shall purchase and mairan prop rty insur, ce upon :he 11'or; at the sue Co the fall ir.surabie aloe thereo. \subject Co such. deductrhle am.oun:s as mar/c pro- vided :n tic Supplementary Condit:ors or require4#4y Laws and Regu Lions). This insurance sha I irclucc t e interests ofOWNER CONTRACTOR. Suhcociractors NGINEER and ENGINE• -R's ecnsu'lants it.. the Work, of whom shall be listed asinsi edsoraddl:iona,insured p ties. shall,nsure against the pen of fire and extended verage and shall include ''al risk' insurance for ph ys al loss and damage includirg theft, van alism and make us mixnief, collapse and water carnage. a such other rill as may he provided in the Supp,ementary C rdit:ons. rid snail include damages, losses and expensesarsi outor%rresultingfromanyinsured loss or incurred in the rep it r replacement of any insured prepeny (including but ro ,tuned :o fees and charges of engineers, architects, an ne s and other prolassionals). If not cosered under the'' I risk .nsurance or otherwise pro- vided in the SLpr leme : ray C onm. tins. CONTRACTOR snail purchase:, nd:nair la isim:lar prop iv in stir arice on port .ons af:be Work store el and off rte su ,v in Trance when such rot trans of Inc \ ,-k :.re ice rc inzr,i,L in ❑n Arr i auon far [ d' 1lcn:. 57. O\ NI.R ,hall rurzhascanj run,1 ,Idi Rn,cr and M. Ichmar incur:,ntc i i a,di:•nr.iI rrnrcrly • ar,mce as nt.,s he regl red h+ Ilia SurplLmen ..t } i and to;+ns Jr Laws a Re',. nton, nh.cn tsr!i inc u,.e :!IC in•erc,rs , DV. NLR, CO TRACTOR, Suhcontra:tors. L\GINI. iR AND != G;NI-ER's sun,ulrant,, n the \P,,rk, ill of,s Got. snall he sEed as Ins,, red or addu wna: Insured pare cs. I Li I I I I l! I I 12 I I (Replacement; SC -5.8) All the policies of insurance (or the certificates other a cc thereof) required to be purchase main- tained by O in accordance with phs 5.6 and t will contain a pro ore ment that the coverage rded will not be can aterially changed or renewal sed until at irty days'pn 'tten notice has been n TRACTOR by certified mat will contain ver provisions in accordance with paragraph ' 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR, Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchas- er's own expense. (Replacement; SC -5.10) S. If CONTRACTOR requests in writing thapThEr specie rance be included in the property i nee pol- icy, OWNS . if possible, include insurance, and the cost thereof will rged Q TRACTOR by appro- I. priate Change Order or mendment. Prior to com- mencement of th rk at the site, ER shall in writing advise C ACTOR whether or not sue er insurance en procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights • against each other for all losses and damages caused by • any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any I. other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, ENGI- • NEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11, each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favorofOWNER, CONTRACTOR, ENGINEER, ENGI- NEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that • any of the insured parties may have to the proceeds of ' insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or ' additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER's consultant OWNER will obtain the same, and if 13 such waiver forms are required of any Subcontractor, CONTRACTOR will obtain the same. (Replacements; Receipt and App c! of Proceeds: SC -5 14) SC -5.13; 2. Any insuYe, loss under the policies of insura e requi d by parag)tO05.6 and 5.7 will be adjuste ith OWNS and made pay.ihie to OWNER as truste or the insureds, heir interests nay appear, subject to e require- ments of an pplicable nior age clause and paragraph 5.13. OWNER all deposi( in a separate ace nt any money so received, and all distribute it in ace dance with such agreement as the r.•'a interest in reach. If no other special agreement is ched the d aged Work shall be repaired or replaced. th money so received applied on account thereof and the W a the cost thereof covered by an appropriate Change Or or Written Amendment. 5.13. OWNER as tru ee shall ve power to adjust and settle any loss with th nsurers unles one of the parties in interest shall object ' writing within fi en days after the occurrence of los to OWNER's exercise (this power. If such objection made. OWNER as trustee all make set- tlement with e insurers in accordance with suc agreement as the p " sin interest may reach. If required in "ring by any pa in interest, OWNER as trustee shall, u n the occu nee of an insured loss, give bond for the prope er- fo ance of such duties. Acceptance of Insurance: 4. If OWNER has any objection to the coverage affor by or her provisions of the insurance rcgcired to be ur- chased a maintained by CONTRACTOR in ace dance with paragr hs 5.3 and 5.4 on the basis of its not mplying with the Cont cc Documents. OWNER shall otify CON- TRACTOR in w ' ing thereof within ten da of the date of delivery of such ce 'ficates to OWNER i accordance with paragraph 2.7. If CO RACTOR has y objection to the coverage afforded by o they prov' ons of the policies of insurance required to be pu sed d maintained by OWNER in /rdraance with paragrap .6 and 5.7 on the basis of thcomplying with th tract Documents, CON- TRR shall notify O ER in riting thereof within ten dathe date of de . cry of suc ertificates to CON- TRR in actor cc with paragrap 2.7 .OWNER andCOCTOR s II each provide to the ther such addi- tioormati in respect of insurance pr ded by eachas er y reasonably request. Failure by W N ER orCOOR to give any such notice of objecti withintherovided shall constitute acceptance of such ' sur- anhased by the other as complying with the Cont ctDots. Partial Ulili;.ation—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work, such use or occupancy may be accom- plished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and to writing effected the changes in coverage neces- sitated (hereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property ;nsurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 --CONTRACTOR'S RESPONSIBILITIES Supervision and.Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques. sequences and procedures of construction, but CONTRACTOR shat: not he responsible for the negligence of others in the design or se!ection of a specific means, method. technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all time' during its progress a competent resident bunerinlenden, w ho shall not he replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. 7 he superintendent will he CONTRACTOR's rep rescntativc at the site and shall have authority to act on behalf of CON- TRACTOR. All commumcaticns given to the superintendent sha:1 be as binding as if given to CONTRACTOR. Labor, -'laterals and Equipment: 6.3. CONTRACTOR sha!l provide competent. suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with :he safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall he performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday, Sunday or any legal holiday without OWNER', writ- ten consent given after pr.or written rotice to ENGINEER. 6.4. Chless o:herwise specified in the General Regi.irc- ments, CONTRACTOR shall furnish and assume luli !espon- sibi,tly far all materials, equipment. Bihar, tr:mspnrl;dior1. constructu:n eguinmert and machinery. tools. appl.;.nces. fuel. power, light. heal. l&ephone, water, sanitary rucii ties. temporan facilities and all other fac,bues and incrden:als necessary for the furnisrurg. performance, testing, stars -u and completion of the Work, 6.$, All n-.atenals and cgui^mcnt shall he of good qt-a�ity and new. except as otherwise nrovided in :he Carlraci Doc- uments. If requi'W by ENGINEER. CONTRACTOR shall furnish sansfaci cjidence (inc.udmg reports of required tests) as to the ki,id :„73t"a qua:ily of materials and equipment. Al! materials and coutpg,enshat: he applied. insta:led. con- nected. erected. used, tiea+ted and conditioned ;n accordance with the instructions of :he applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instruction, will he effective to assign to ENGINEER, or any of ENGINEER'S consultants. agents or employees, any duly or authority Co supervise or direct the furnishing orperfarmam the Work or any duty or author- ity to undertake responsibuny contrary to the provisions of paragraph 9.15 or 9-16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance Ito the extent indicated :n paragraph 2.9) adjust- ments in the progress schedule Co reflect tine impact thereon of new developments; these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or -Equal" hems. - 6.7.1 Whenever materials or equipmenl arc spec:hcd or described in the Contract Documents by using the name of a proprietary item s:r the name of a particu!at Sdpplier the nam:ng of the item is intended to csiabtish the type, functinnand quality required. Uness the name is followed by words indicating that rn substilution is permitted, materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is subm cited by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equiva,ent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of materat and equipment will not he accepted by ENGI- NEER frorn anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make wnt. ten application to ENGINEER for acceptance thereof. certifying that the proposed suh.stitule will perform ade- quately the functions and achieve the results ca.led for by the generai design, he ,titular and of equal substance 10 th❑t spoofed and he suicd to the same use as that spec- ified. The appl•cuticn nil state that the e,alua:ion and acceptance of the r reposed •uhstitute will not prejudice C'OTRACIOR', achievement of Suhslannal Complc. :inn on lime• wneiher or rot acceptance of the substtue for use in the Work wdi require a chance in any of the Contract Documcn:, (or in :he provisions of any other direct conlract with O\\ NCR for work tin the PrOJet.0 to aj.icl the design to the proposed suhsnlu:e and whether or not incorporation or use of the %uhsuturc in cunnccnon with the Work is soh-ect to payment of any license fee or 14 I I I I I I I I I I I I I I I L royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. Ifa specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute, CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whether initially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required •to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions, OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- (ion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge of OWNER I l5 or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. the existence of such rights shall be disc.osed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses linc:udirg attorneys' fees and court and arbitration costs) arising oil of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process. product or device not specified in the Contract Documents, and shaft defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary. ran obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of :he Work, which are applicab:e at the time of opening of Bids, or if there are no Bids on late EfTcctise Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs re:ated thereto such as plant investment fees. Laws and Regulations: 6.14 I. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishi-ig and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance wien any Laws or Regulations. 6.14.2. If CONTRACTOR ohserves that the Specih- cations or Drawings are at vanance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary chances will be authorized by one of the methods indicated .n paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such nonce to ENGINEER. CON! RACTOR shall hear a1 costs arising iheretrom: however, it shall not he CONTRACTOR's p-r- maryresponvhil:ty to make zer:ain that the Spcci:icauons an. Drawings are in accordance with soh Laws and R ego l;rt ions, Taxes ..5. CONTRACTOR shah pav all sales. comst.mer. use and other similar taxes required Co he paid by CONTRAC- TOR in accordance won the Laws ant Regulations of the place of the Project which are app.icab:e during the perfor- mance of the \York. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rights - of -way, permits and easements, and shall not unreasonably encamber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work, Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of ther.erformance of the Work. CONTRACTOR shall prompt,yattempl to settle with such other party by agreement or otherwise resale the claim by arbitration or at law. CONTRACTOR shall. Co the ful:est extent permuted ny Laws and Rcgt.lations. indemnify and hold OWNER and ENGINEER harmless from and against all c.aims, damages, losses and cxpecses (including, but not limited lo, fees of engineers. architects. atccrneys and other professionals and dour, and arbitration costs) aris rig directly, indirectly or consequcntial) our of any action, legal or equi- table, brought by any such ocher party against OWNER or ENGINEER to the extent based or a claim arising oul of CONTRACTOR's performance of the Work. 6.17. During the rrogress of the 1i ork. CONI RACTOR shat: keep the premises free from accumulations of waste materials, rutb.sh and otner debris resulting Irom the Work. Al the completion of the Work CONTRACTOR shall rerros e all waste materials, rubbish and debris from ar.d about (he premises as well as all tools, appliances. construction equip- ment and nichinery. and surplus materials, and shall leave the site clean and ready for occupancy b} O\\NER. CON- TRACTOR shal. reslore:o erigma. condition all proper.} not designated for alteration by the Contract Documents. 6.18. C.ONI RACI'OR shad no load nor pelted any part of any structure to be loadec:n any manner that w di endanger the structure, no• shall CONTRACTOR suh;ect any pan of the Work or adjacent prope:ty :o stresses or pressures Ihal will endanger it. Record Uocruneuu: h.9. CON":RAC-r: )R small in.nnlain in .1 sale plate at the six tine record copy of ,ill ❑r;i' ings, tiruliaurns, A.:dinda. Rrilien Amendmenrs. Charge Orden. Rork D red Changes. Fic d (kdcrs and nri:len inter rre:auorn and cl.umcaticns issued pursuant to p.ir;rg:ap7 9.41 .n oiw order and :.nnotuted to show all chances made during con- struclionthese recors d: s urnenls toga her w u hall aprr Lived samples and a counlerp:rt of all app:oscd Shop Drawings will he available :o IiNCGINF ER for reference. Upon com- I Li Li 16 I I U I J I I I I Li I I I I I I I pletion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the pro- tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or thiWo4cor property at the site or adjacent thereto, CONTRACTCClt 'shout special instruction or authorization from ENGINEER OWNER, is obligated to act to prevent threatened damagJjury or loss. CONTRACTOR shall give ENGINEER prorn'$(itten notice if CONTRACTOR believes that any significant'hamges in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines the a change in the Contract Documents is required because of the action taken in response to an emergency, a Work f&w(ive Change or Change Order will be issued to document, consequences of the changes or variations. (Addition; Shop Drawings and Samples: SC -6. 23) 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria, installation requirements, materials, catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on I 17 each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- NEER's review and approval wit! be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences orprocedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Comract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for re' iew and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention:o each such'aration at the time of submission as requited by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific uriuen rotation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor win any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied w ith the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or samples required by the Specifications, any related Work performed pnor to ENGI- NEER's review and appro' ai of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed orposiponec pend- ing reso.ution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in venting. Indemnehranon: 6.30. To the fullest extent remitted by Laws and Repu- lattons CONTRACTOR shall indemnta and hold harmless OW \1:R and ENGINEER and their censuharts. agcn:s and emp!oyees from and ;.gamst all claims. damages. losses and expenses. direct, ,nd,reci or concequcntial Iinc!uding hat not limited to fees and charges of engineers. architects. a::orncys and other professionals and court and arhilratron cos:st Otic. ing out of or resulting from the performance of the Wor,. pro' iced that any such claim, damage, loss or expense ial is altrihutable to bodily in)ur. . sickness, disease or death, or to injtry to or des.a4ction of laneiHe property io:her than the Work itself) inci.n •rte loss of use result.g therefrom and (b) is caused in wh�!e or in part by any negligent act or omission of C ONTRACTOR. an' Succontnctor, any person or organization dtrcctlgnr lndi reef Iv employed by any of I hem to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or nor it is caused in part by a party indemnttied hereunder or arises by or is imposed by Law and Regulations rcgard:ess of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their concultanis, agents or employees by any employee of CONTRACTOR, any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnifcat:on obligation under paragraph 6.30 shat: no! be limned in any way by any limitation on the amount or type of damages. compensation or benefits payable v or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The ohitgauons of CONTRACTOR cncer para- graph 6.30 shall not extend to the I-ahiiity of ENG:NL"ER, ENGINEER's consul:acts. agents cr employees ansing out of the preparation or arproval of maps. drawings. opinions. reports, surveys. Change Orders, designs or specifications. ARTICLE ?—OTHER WORK Related Work at Site: 7.1. OWNER may perform oiherwork related :o the Proj. ect at the site by OWNER's own forces, have other work performed by utility owne-s erlet other di:ect contracts therefor which shall contain General Conditions similar :o these. If the fact that such of her work is to he performed was not noted in the Centrac: Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and. if CONTRACTOR believes that such perfor- mance will m'olve additional expense to CONTRACTOR or requues additional time and the parries are t.nahle to agree as to the extent thereof, CONTRACTOR OR may ma,e a claim therefor as pro'ided in Articles II :,ni Q. 7 2. CONT R\CI OR shall afford each jnhrs owner and other ecnlrac:or woo is a parry to such a direct contract (or OWNER. if OWNER . s perfarmi'1 the additu: nt. rsork with O\1 N ER's employ eesl proper and safe access to the sire and a reasonihte opp„ ttunr' for the introJL.ct:on ..nd storage of lnrertalsand equ pmcnt and the cvccu:onof such work. and shall ,,",roperly connect and courdmate the Work with theirs. CONTRACTOR shad! Jn all :uE::ng, h::ing and ratcntnp of rhc Work :hat may he regwred to make us se' eras ,-at: come together properly and integrnfe with such other work. CON. I 1 I IS I I I rfl H I I I I I I I I I I Li TRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for Integra- tion with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ityand responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER norENGINEER INE ER shall have any authority or responsibility in respect of such coordination. (Addition; SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys Co establish reference points arc set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- turn which have been utilized by ENGINEER in preparing the Drawings and Specifications. (SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and b. I. Paragraph 15.2 deals with OWNER'S right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design profes- sional, ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: (Addition; see SC -9.3) 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in ohsm•ing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be' as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties. responsibilities and limitations of authority of such other person will he as provided in the Supplementary Conditions. I IL LJ I Clarifications and Interpreeadons: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or inlerpretalions of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent wit)-: or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written c!arifcation or interpretation.ustifies an increase in the Conlracl Price or an extension of the Contract Time and the parties arc unable lo agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article I I or Article 12. Aurheirized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents w hoc h do not involve an adjustment in the Contract Price or the Contract Time and arc consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and aso on CONTRACTOR who shall perform the Work invctved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as Co the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will a;so have authority to require special inspcctior. or Iestirg of the Work as provided in paragraph 13.9, whether or not the Work is fabricated. Installed or completed. Shop Drawings, Change Orden and Payments. - 9.7. In connection with ENGINEER's resP"onsibi!ity for Shop Drawings and samples. see paragraphs 6.23 throtgh 6.29 inclusive. 9.8. In connection with ENGINEER -s responsibilities as Co Change Orders, see Articles 10, It and 12. 9.9. In connection with ENGINEER's responsitil:ties in respect of Applications for Payment, etc., see Article 14, Determinations for Unit Prices: 9.10, ENGINEER will delermire the acluul quantities and classifications of Unit Prce Work ,^.erfoi:ned ry CON. TRACTOR ENGINEER w i.1 review ss ii n CON I RACTOR ENGINI ER's prellmivan dete rninaLor.s on such Ir..ncrs before renderutg a written ,:eciswn thereon by recommen. Jat.or. of an Appl:eatrcn for Rivmcni or o:ter set ENGI- NEER', wimen cecisions thereon will he final and bird:na upon OWNER anu CONTR AC'rOR. unless. w tin ten Jnvs after me date of any such decision, cnher OWNER cr CON- TRACT(rR delivers to tine ocher party :o the Agreement : nJ to ENGINEER wnitcn rotice of intention to apreal from such a decision. Decisions on Disputes: 9.11. ENGINEER will he the icitral interpreter of the requirements of the Contract Docurnerls ar.d judge of the acceptability of the Work thereunder. Calms. disputes and other matters relating to :he accep:and.ty of the Work or the interpretation of the requirements of ire Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles ii and 12 in respect of charges in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable rime. Written rotice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written %upportir.gdata will he submitted to ENGINEER and the other party within sixty lays after such occurrence unless ENGINEER al.ows an additional renod of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par• tiality to OWNER or CONTRACTOR and will not he harle in connection with any m:erprciarion or decision re,dered in good fa.rh in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and Y. f r with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of f nal pay- ment as provided in paragraph 14.15) % :Il he a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise I-ave under the Contract Document, or by Law cur Regulations in respect of any such claim. dispute or other matter, Limitations an F. VGIA'FER'c Responsibilities: 9.13 Neither ENGINEER's authority to act order this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either :o exercise or not excccrse such authority shall gave rise to any duty or responsihility of ENGINEER Co CONTRACTOR, arty Sub- contractor, any Supplier, or any other person or organization performing any of the Work, or to any st.rety for any oft hem. 9.14. Whenever in tic Contract DncumerI the Ic rms "as ordered". "as direc:cJ" "as requ,r'J '. ''as allowed "as approved" or terms of like cr,ect or urport arc used. or :lie ad,eui c% 'rc,s.,nJhle ', '',u.Ih c', ",Lcci rtJh c .., rorscr" or ''.,L•fac:ory - or ad)eaie♦ of LAO cheat or not I .ire neJ to Jcscr ibe a; eyi.ucm; tit. Jimect.ua. rev IC' or u.Jp men of LNGINFER as to ;he Work, it is inicnied th,u uc7 re?ulreinenl. duet nun. rcv icw oryi'pnienI wit he sold+ IC evaluate :he Wark for COTpliance wrlh the Curlra:I Docu. merits tunics Inge is a specific suucment indicatinc Othcr- wnel. the use cl an such :err, or adfecuve shall not be I 1 L I I I I I I I I I I I I I I I I I LJ LI 1 I I I I I I I I I I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, ora Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor adprovided in Article It or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of dejecti a Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties: 10.4.2. changes in the Contract Price orContract Time which are agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Time whichtthat, the substance of any written decision ren- dered.bR3JNEER pursuant to paragraph 9.11; provided u of executing any such Change Order, an appean from any such decision in accordance with the provisions . the Contract Documents and applicable Laws and RegulariDits,.but during any such appeal. CON- TRACTOR shall catty on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of an change affecting the general scope of the Work or the ions of the Contract Documents (including, but not limned to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I l —CHANGE OF CONTRACT PRICE II.!. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive). I 21 11.3.2. By mutual acceptance of a lump sum (u hich may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6'.1;. 11 3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 1I.7. Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall he in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and sha.l not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not emp.uyed full time on the Work snail he apportioned on the basis of their time spent on the Work. Pay:oil costs shall include, but not he limited to, salaries and "apes plus the cost of fringe benefits which slia!I include soc.al security contributions. ur.employ ment, excise and pay roil taxes, workers' o. workmen's compensation, health and retirement hencfits. bonuses, sick :ease, vacation and hol- iday pay applicable thereto. Such employees shall include super,ntendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.42. Cost of all materials and equipment furrished and incorporated in the Work, including costs of trans- poration and storage thereof, and Suppl,ers'field services required in connection therewith. A:I cash discounts that: accrue to CONTRACTOR unless OWNER deposits fund s with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All Trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provis:ons so that they may be obtained. 11.4,3. Payments mace by CONTRACTOR to :he SuhconTractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shill ohtan competinse bids from Suhcontrac:ors acceptahlc lo CON. TRACTOR and shall dc.iver such rids to (JWNER ssnh will then determine, with tic advice of ENGINEER, which bids will he accepted. If a subcontract pros ices that the Su!scon:-actor is to be paid on the basis of Cost or the Work Flits a Fee, the Subcontractor's Cost of The Rork shall he determined in the same manner as CONTRAC- 1 OR's Cost of the Work. All subcontracts shall he %ur)ecl to the other pros skins of the Contrac: Docunen:s insofar as applicable. I I A.; Cpl -c giypecial consultants ;including but not limited to engincer,tarchitecs. tesrim, , hpratones, sur. veyors, a:torr.evs andaccour.tants) emp.o) ed for sea ices specifically related te4he Work. - 11.4 5. Scppleme-.10costs including the following: I1.-.5.1. The proportion of necessary transporta- uon, travel and suhsic ence expenses of CONTRAC- TOR's emp:oyees ti � j'tec in discharge of dut,es con- nected with the Work 11.4.5.2. Cost, including transportation and main- tenance. of all ma;eriah, supp.hes. equipment, machin- ery, appliances, office and temporary faci.uies at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market va!ue of such rlems used hut arm consumed which remain The properly of CONTRACTOR, 11.4.3.3. Renia:s ofzll construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance wi:h rental agreements approved by OWNER ssnh the advice of ENGINEER, and the costs of:ranspertat•or. loading. unloading. installation. dismantling and removal thereof —all in accordance with terns of said rental agreements. The rental ofanv such equipment. machin- cry or pans shat cease when the use theeof w no longer necessary fur the Work. 11.4.5.4. Sales. consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable. imposed by Laws and Regulattuns. 11.4.5,5, Deposits :ust for causes other Than negli- gence cf CONTRACTOR. any Suhcontracto: or any- one directly or indirectly employ ed by an of them or for u hose acts any of them may be liable, and royaity payments and fees for permits and licenses 11.4.5.6. Losses and damages land related expenses), not compensated by insurance or u:her"ise, to the Work orothciwise sustained hy'CO\TRACTOR in connection with :he performance and furmsnmg of :he Work texcept losses and damages "iihrt the deduciih a amounts of property inst-i,irce es:ahlished hs OWNER in accoru:.nce ssirh p,vagra; h 5.91, pro- vided they have resuncd from c:.uses olhcr than the reg igence of CON IRAC rOR, any Subcontractor, or ant,,ne directly or indirectly employed by urn ul it' iii or Tor "hose acts any of them may he I.mhle. Such losses shml include seulenents made with the "ri:!cn consent and approval of OW N ER. No such osses. damaccs and cspcnscs shall he ncludcd in tic Cost of :he Work for the purpose of determining CON TRAC- TaR's Fee. If, however, any such loss or damage 11 1 I I requires reconstruction and CONTRACTOR is placed CONTRACTOR's Fee: ' TOR for and in charge thereof. CONTRACTOR shall be paid for 11.6. The CONTRACTOR'S Fee allowed to CONTRAC- services a fee proportionate to that stated in paragraphoverheadand 11.6.2,profit shall be determined as follows: ' 11.4.5.7. The cost of utilities, fuel and sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long ' distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. I I I I I I I I L I I I 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4.4 — all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. including but not limited to• the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6.1. a mutually acceptable fixed fee; or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's Fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the I 23 allowances. No demand for additional payment on acecunt of any thereof will be sal id. Prior to final payment. an appropriate Change Order will be issued as recommenced by ENGINEER to reflect actual amounts due CONTRACTOR an account of Work covered by allowances, and the Contract Price shad be correspond- ingly adjusted. Unit Pnce Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unil Pr.ce Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work arc riot guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR co be adequate to cos er CONTRACTOR's overhead and profit for each sep. arately identified item. . .3. Where the quantity of any item of Unit Price Work p rmed by CON'IRAC FOR differs mat a and signihca from the estimated quantity ch item indicated in the , cment and there is corre,pondirg adjustment wish respe to any o men-. of Work and if CONTRACTOR belieev at CONTRACTOR has incurred additional rise resua thereof. CON- TRACTOR ma ake a claim for a. .ncrcase in the Con- tract Pric accordance with Article 1 'the parties are Afro agree as to the amount of any (Replacement; SC -11.9.3) ARTICLE 12 —CHANGE OF CONI'RACTTI\1F. 12.1. The Contract Time may only bechanged by a Change Order or a Written Amendment. Any claim for :in extension or shortening of the Contract Time shall be based on written notice delivered by the party making :he clairn to the other partyand in ENGINEER promptly ibul in no event later than thirty dal after the occurrence of the went giving rise in :rte claim unu stating the gere:al rature at the claim. No: cc of the ex:erI of t,ne claim ssift sJpno•iing ,kilo ,hall re celiv- erec with n sixty Gals after such occurrence iunless ENGI- NEER ,it oms an adcmonal pcnt'd of lime Co a,certun more accu:ate d.i:a in surport of :he claim) and gall he axum- pumcd by the cicimant', unne.n statement h,Lt the ud-ust menu cla reed i, me enlire aciustnem :o which the clatmunc has reasnr :o believe it is emu:led a, a result or the dccuri case of said went. All .latms for adlustment in the Cen:mct Time shall he determined by ENGINEER in accordance u ith-ara- graph9.11 ifOWNER andCONTRACTOR cannot othensise agree. No claim for an adjustment in the Contract Time will he valid if not submitted in accordance with the requirements of this paragraph 122,1. 12.2. The Contract Time will he extended in an amount equal to time lost due to delays heyond the control of CON- TRACTOR if a c:aim is made therefor as pros iced in para- graph 12.1. Such delays shall include. but not he limited to. acts or neglect by OWNER or others ,performing additicnal work as contemplated by Artic'e 7. or to fires. floods. labor disputes, epidemics. abnormal weather conditions or acts of God. 12.3. All time limits scaled in the Contract Documents are of the essence of :he Agreement. The pro%isions of :his Article 12 shall not exclude reco%cr% for damages (including but rot timed to fees and charges of engineers, architects. attorreys and other professmrals and eo'urt and arbnrtuon costs) for delay by either party. ARTICLE 13 --WARRANTY AND GUARANTEE, TESTS •\NDINSPEt TIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK l $ crranp• a ud G uaraniec: 13.1. CONTRACTOR uarran:s and guar;rices to O\\ NER ane ENGINEER that all Work wi 1 be :n accor- dance with the Contract Documents an:: wtl! no: he it f i rive. Prompt notice of alp defects shall he gnen to CONTRAC- TOR. All dcJerrirc Work. ,shether or not in place.:nay be rejected, corrected or accepted as provided in this Art c;e 13. Access Cie 19ork: !3.2. ENGINEER and ENGINEER's repre'entalises, other representatives of OWNER. testing agencies an gox• ernmen:u, agencies with?unsd:ctioma inlere,is w.11 have access lorhe\Votkatrea,ur.alieumesfcnheiruhenauon. nspecting and testing. CONTRACTOR shall proside ,-.toper and safe conditions foe such access. Tries and An pc rtion s: 13.3 CONTR\(-IfIHsh.illgiseENCIN'I-::Rtimes n,nre of readiness ,il the \\'oi k :,;r all rcquucJ msr cciwns. tc,ts ar trp-oi...k I. J. If [piss s,rr Hcs.l,iuun,,d,inv rurlic hody h.:n ire jar %d c::on Iccune.ins \1'1.tx icr pin l thcecafalospccinc; Its he in' p.tcJ. :cstcd a• approscd. CON IR\('IOR 'ha.. as,umc lull r cspon,ihnitx i'cretor. pal ;Ill cd•Is In ♦,RnJl4Pn there"tin .. n.: fat nrsh ENGINI.LR he reguircJ cartihcates of mspccwon. testing Cr .ipproal. CONTRACTOR shad.i •a L 24 L I I S fl 7 1 I I I L L+ L n I I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.6. If any Work (including the work of others) that is to be inspected, tested orapproved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, expo- sure, observation, inspection and testing and of satisfactory reconstruction, (including but not limited to fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article II. If. however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure. observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner Map1p Ibe Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply suffick�ii ,skilled workers or suitable materials or equipment, orfil4lqhirnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER May order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not gi F to any duty on the part of OWNER to exercise this right * the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site• and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct, indirect and consequential I 25 costs attributable to OWNER's evaluation of and deiermi- nalion to accept such defective Work Isuch costs to be approves by ENGINEER as to reasanaheness and to include but not be limited to fees and charges of engineers. architects, attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the panics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Cornet Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed tocorrect and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contact Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to ce rr.p.cle corrective and r emedial action. OW N ER may exclude CONTRACTOR from aC or part of The site, take possession of all or part of inc Work, and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's cools. appliances. construction equipment and machinery at the site and incorporate in The Work ad materia: s and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall al:ow OWNER, O%%NER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the :rghis and remedies under this paragraph. A!l dueci, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CON TRACTOR in an amount approves as to rea sona blen es s by E N(iIN E E R, a nd a Chu nge Order wi!I be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall he entitled io an appropriate decrease in the Contract Price, and.:f the parties are unable to agree as to the amount Thereof, OWNER may make a c!a.m therefor as provided in Article II. Such direct, indirect and ccnsegcen- tial cosh will Include but not be I mited to fees and chirps of engineers, architects, attorneys and other prnfe,•uin.d,. all court and arbitration costs and ill costs of renau an.: replacement of work cf others cc�irosed or damaccd by correction, removal o: rep acement of CONTRACTOR'S de,ilume Work. CON T RACIOR sha!l nor be al:ovied ..n extension of the Contract Time because of any decay in rer- formance of:h.e Work attrihulahle to the exercise by OWN CR of OWNER's r•.gntc and remedies nereuncer. ARTICLE II PAYVENTSTOCONIRACTORAND CO \I PL El] ON Schedule of Values: "rob 14.1. The schedule. f values established as provided in paragraph 2 9 will servi as the basis for progress payments and wit: be incorporated into a form of Application for Pay- ment acceptah:e to ENGINEER. Progress payments on account of Unit Price Work wi:l be based on the number of units competed. Application for Progress Pus uR 14.2. At least twenty days before each progress payment is scheduled Ibut not more often than once a months, CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filed oil and signed by CONTRACTOR covering The Work completed as of the date of the Application and accompanied by such su-.partmc documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equcrrrient not incorporated in the Work but delisered and suitably stored at The site or at another location agreed to in wntiig. The Appicauon for Payment shat: also be accompanied `y a hill of sale, invoice or other documentation warranting That OWNER has receised the materials and equipment free and c.ear of all liens, charges. security interests an. encumbrances iwhich are hereina::er in these General Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate prnnerty insurance aria otter arrangements to protect OWNER's interest :herein, all of wh ch will he sat- isfactory to OWNER. The amount of relautage unh respect to progress payments ui1 be as snpdated in tie .Agreement. CONTRACTOR's Warranq• of Title: 14.3. CONTRACTOR uarmnis and guarantees :hat title to all Work, materials and equipmeni covered by any Appli- cation for Payment. whether incorparared in the P:o;ect or not, will pass to OWNER no lacer than the time of ,payment free and clear of a.l liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommencat:on of payment and present The Application io OWNER, er relurn the .Ap,.licaticn to CONTRACTOR indi- cat,ni in wri:mg ENGINEERs reasons for rcfus:ng to rec- ommend payment. In the latter case. CON'I RACTOR m;' make Tme recessary corrections and resubmit The Aprlica- ticn Ten dons after niesenimom.rf The Application for P.is- ment s"ulli ENG!NIiER's recommendation, the amount rec- ommendedwillT'uijccl. to the pros• ions of t he last se n:cr e of paragra..h 14.7) become due ;in 'hen due wd: he paid by OWNER to ('ON]'RACIOX. l4 5. ENGINFER's recommendation of any pas menu requested in an .Application for Payment will consulate a I I I I I I I UI C I I I I H I I I I I U. I C representation by ENGINEER to OWNER, based on ENGI- NEER's on -site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that, to the best of ENGI- NEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifi- cations stated in the recommendation); and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to luch extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objec- tions, ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery. of the tentative certificate of Substantial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract Docu- ' 27 ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can he used by OWNER without sig- nificant interference with CON'I'RACTOR's performance of the remainder of the Work, may he accomplished prior to Substantial Completion of all the Work subject to the fol;ow- ing: 14.10.1. OWNER at any time may request CON. TRACTOR in writing In permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees, CONTRACTOR will certify to O WNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing That CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Comp!et:on for that part of the Work. Within a reasonable t ime after eith er such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- lion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will nocif) OWNER arid CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of :he Work to be substantially complete. the provisions of para- graphs 14.8 and N.9 will apply with respect to cer.:ficaliun of Substantial Completion of tha: part cf the Work and the division of respons:bi:ny in respect thereof and access thereto, 14.10.?. OWNER may at any time request CON. TRACTOR in writing to permit OWNER in take over operation of any such part of the Work although it is not substantially complete. A copy of such requeSI wi:l be sent to ENGINEER and within d reasonable tame there- after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to cetermine its stars of completion and wilt prepare a list of the items remaining Co be completed or corrected thereon before final payment, If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER writ finalize the gist of items to be completed or corrected and oil: deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities Pending final pay ment between OWNER and CONTRACTOR out respect to security, operation, safety. mamtcnance. Wililies. )rsur- ance. vv arrantics and g,iarartccs far 'nttt part of the Wnrk which mill become !•indite upnr. O1t'NFR and CON- TRACTOR at the lime uhcn UWNER take, over such operori" n (unless they snail base orterm re.,greed in writ- ing and •o in(wmed ENGINEER). Ihrnnc such oper ation and pn.x to Substantial Ccrrr!c: tin ul such part ; I the Work. OWNER shat allow CCN': RACTOR reasonable access to compete or correct items on said list and to complete other related WciK. 14.10.3. No occupancy or separate operation of part of the Work wil! he accomplished prior to compliance with the require:nen:s of parag! ipn 5.15 in respect of property insurance. Final Inspection. 14.11. Upon w niten notice from CONTRACTOR that :he enure Work or an agreed portion tnereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACI OR and will notify CONTRACTOR in witting of all particulars in which this inspection reveals that the Work is incomplete or deferent. CONTRACTOR shall immediately take such measures as are necessary !o remedy such defi- ciencies. Final Application far Pat mono: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and aelivered all maintenance and operating mslractions, sc iedules. guaran- tees- Bonds, cert hcates of irspec:ior.. marked -up record documents ias provided in paragraph. 6.19) and otner docu- men:s—afl as required h! the Conleet Documents, and after ENGINEER has indicated that the \\ ork is acceptah:e (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application fo- final raymtnt following the pro- cedure for progress payments. The finai Application for Pay- ment shall be accompanied by all documentation cafed for in the Contract Documents. together u ith complete and legally effective reieases or tcmcers (satisfactory :o OWNER) of all Liens arising out of or bled ;n connecnon wilh :rte Work. In lieu thereof and as approved by OWNER. CON rgAC'IOR may furnish receipts or reica,es in full: an affidavit of CON- TRACTOR that the releases and receipts inc:ude an abor, services. material and equ pment for which a Lien could be filed, and that all payrolls, material and equipment hills, and other indebtedness connected with the Wouc for which OWNER or OWNER's property might in any way be respon- sible. have been paid or otherwise satisfies, and consent of the surety. if any, to Ina! payment. II any Subcontractor or Supplier fails to furnish a re'ease or receipt in full. CON- TRACTOR may furnish a Bond or other collateral salisfac. tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of IENGiNl-FR's ahsenannn of the Work durng corntr'acion and final inspection, and EM,!NEFR's review of the final Application fin Pavmenl and d;comp❑ny, ng ,'O Unier ilmon- —,iil is requi:rJ by the Contract Duct. mer. I'. IN ER Is satrsfic.l lh,a the We rk lid, been completed iml ('ONI R ICI OH's etherc„lions unacr the Con rid D,'curic n:s have t•cen lu'ril c•d, IiNG1- NEER v1II, ithin ten ,;..)s Jrtcr •cccipt cl the final Am cation lo- Pn)rrcnt, natc is in wn:me ENGINEER', rcc- ommcna,irtir of paymerI and piescni the App'Lit:.nn :o O\ NILR for paymcrl. thereupon ENGINEER uiI pi%c Armen nolicc Io OWNER and CON rRA(TOR mat the Work is acccp:ahle subject to the pros ision, of pdnigraph 14.16. I U I ,g I H I I fl V Li L' I E L I I I I Otherwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the \York or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: . 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein: however, it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents; and I4.16:i'a ! aiver of all claims by CONTRACTOR against OW other than those previously made in writ- ing and still uq tled. I. ARTICLE 15 —SW PENSION OF WORK AND TERMJNA?ION Owner May Suspend t: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I1 and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents 1 29 I (including, but not limited to, failure to supply sufrcient skilled workers or suitable materials or equipmcnl or failure to adhere to the progress schedule esrah:isned under paragraph 2.9 as revised from time to lime); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: OWNER may. after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations. lerminale the services of CONTRACTOR, exclude CONTRACTOR from the site and lake possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery al the site and use the same to the furl extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work a:1 materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be er.lilled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the drecl. indirect and consequential casts of completing the Work linc:uding hit not tinned to fees and charges of engineers, arch.ilects. attor- neys and ocher professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or re medies under this paragrt; h OWNER shall not be required to obtain the !owest price for the Work performed, 15 3. Wherr CONTRACTOR's services hase been so terminated by OWNER. the Icrmirilion will not alfect any rights or remetties of OWNER apamsi CONTRACTOR then existing or Shoe$ ay thereafter accrue. Any re;eninn or payment of monefl;iue CONTRACTOR by OWNER wil! not rcleaseCON TPI\CTOR from liab,h:%, rI 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect io aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shat he paid for all Work executed and any expense sustained plus Npnahle termination expenses. which will include, but not be t mited to. direct, indirect and con- sequential costs (including, bat not .'irmted to. fees and charges of engineers, architects. attorneys anc other professionals and court and arbitration costs). Contra clot Mc, Stop 11 ork or Tenn muse: 15.-s. If, through no act or foul: of CONTRACTOR. the Work is susper.ded for a period of more than ninety days by OWNER or under an order of court or other public authority. or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted. or OWNER fails for thirty days to pay CONTRACTOR any sum f.nal:y deter- mined to he due. then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, lerminale the Agreement an recoser from OWNER payment for alt Work executed and any expense sustained plus reasonable termination expenses. in addition and in tics of terminating the Agreement. if ENGINEER has faired Co act on an Appli- cation for Payment or OWNER has faded to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written no:ice to OWNER and ENGINEER stop the Work until payment of all amounts liter due, The provisions of this paragraph sha:l not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay dunng drspules and disagrecmerts m ith OWNER, [The remainder of this page ssas eft Hank ;ntentranally.I u I Li L r I I I I I I I 1i I I I 30 [I I I I LI I I I [Ti I I I P I L I ARTICLE 16 —ARBITRATION 16.1. Al! claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbi- tration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. . 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on•which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision maybe entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limi- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's agents, employees or consul- tants) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2. such other person or entity is substantially • involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRAC- TOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and II of the Federal Arbitration Act (9 U.S.C. $$10,11). [The remainder of this page was left blank intentionally.] C 3l I I I I Li I I I Li I I LJ I E I ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liablAlaim will be made in writing to the other party within3o§able time of the first observance of such injury or damage•. Z provisions of this paragraph 17.3 shall not be construed ak substitute for or a waiver of the pro- visions of any appliF ttatute of limitations or repose. •t • 17.4. The duties ad8.0bligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hete*a; and, in particular but without limitation, the warrantie arantees and obligations imposed upon CONTRACTOR b 'graphs 6.30.13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. I 33 I I 1l I TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS SC -1 Definitions and Abbreviations .......................... SC -1 ' SC -2 Preliminary Matters ..................... a ........... SC -3 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities SC -6 ' SC -7 Other Work SC -6 SC -8 Owner's Responsibilities ............................. SC -7 SC -9 Engineer's Status During Construction ................... SC -7 SC -11 Change of Contract Price . . . 1 0 1 1 a .................... SC -10 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work ................ SC -11 I I I I I I I I I SC-i I Supplementary Conditions I C I I I I L The words "Mayor and "City Clerk" shall mean, respectively, the Mayor and City Clerk of the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney of the City of Fayetteville, ■ Arkansas. SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. Qj DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The words "OWNER" and "City" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "Board of Directors" shall mean the Board of Directors of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville, Arkansas. The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who have been employed by the City of Fayetteville, Arkansas for this Work. ' The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. ' The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisements shall mean all the legal publications pertaining to the Work of this Contract. I I The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the section "Modifications and Alterations' or for showing details which are not shown thereon. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement I SC -1 Supplementary Conditions I for Bids." Whenever the following abbreviations are used, they shall have the meanings given below: I I AASHTO - American Society of State Highway Officials ' ACI - American Concrete Institute AGA - American Gas Association AHTD - Arkansas State Highway & Transportation Department , ASHTD - Arkansas State Highway & Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute ' APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL Underwriters' Laboratories 1 A - ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V - volt I SC -2 I I I I I I ,Q2 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. ' -2. Furnishing of Insurance Data. Amend the first sentence of paragraph 2.7 of the General Conditions by striking out the following words: "and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7." BONDS AND INSURANCE Add a new paragraph Immediately after paragraph 5.1 of the General Conditions which IIs to read as follows: Resident Agent. The CONTRACTOR shall furnish performance and ' payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. ' -5.3 Contractor's Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in SC -5.3 of the General Conditions: SC -5.3 The limits of liability for the insurance required by paragraph 5.3 of the ' General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: • SC -5.3.1 and SC -5.3.2 Workers' Compensation etc. under paragraphs 5.3.1 and 5.3.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: $ 500,000 Each Occurrence ISC -3 Supplementary Conditions I CONTRACTOR agrees to waive all rights of subrogation against McGocdwin, Williams and Yates, Inc., Consulting Engineers and the OWNER, for Work performed under Contract. SC -5.3.3. SC -5.3.4, SC -5.3.5 and SC -5.3.6 Comprehensive General Liability (under paragraphs 5.3.3 through 5.3.6 of the General Conditions): $2,000,000 Combined Single Limit Policies will Include premises/operations, products, completed operations, ' Independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.3.7 Comprehensive Automobile Liability Bodily Injury: $1,500,000 Each Person I $3,000,000 Each Occurrence Property Damage: 1 $ 600,000 Each Occurrence ' or a combined single limit of $2,000,000. SC -5,5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 1 ;L OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission , or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance In an amount not less than $2,000,000 for property damage and bodily Injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5_6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and ' SC -4 I ISupplementary Conditions Regulations) but not less than an amount equal to the Total Bid Price. This Insurance shall Include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall Insure against the perils of fire and extended coverage, shall include "all- ' riskinsurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided In these Supplementary Conditions, and shall ' Include damages, losses and expenses arising out of or resulting from any Insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, ' architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property Insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR In accordance with this paragraph 5.6 and will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will 'contain waiver provisions in accordance with paragraph 5.11.2. 5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the Ifollowing in its place: Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the ' CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. ' SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will endeavor" and "but failure to mail such notice shall Impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. IC-5.10 Delete paragraph 5.10 of the General Conditions in its entirety. I I SC -5 Supplementary Conditions I SC -5.12 Receipt and Application of Proceeds. Delete paragraph 5.12 of the General ' Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. ' SC -5.1 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions ' In its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES .2 Shoo Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.23 of the General Conditions: 'The Shop Drawing Review ' by the ENGINEER Is for general compliance with the Contract Documents. No responsibility Is assumed by the ENGINEER for correctness of dimensions or details.' SC -7 OTHER WORK ' Separate CONTRACTOR Claim. Add a new paragraph Immediately afler paragraph 7.4 of the General Conditions which shall read as follows: ' SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, Indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued In Its name or for its benefit in any court or before any arbiter which seeks to Impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by I SC -6 I Supplementary Conditions 1 b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample If the submittal has not been approved by ENGINEER. 5) Review of Work. Rejection of Defective Work, Inspections and Tests. ' a) Conduct on -site observations of the Work in progress to assist ENGINEER In determining if the Work Is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or ' should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and ' maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit 10 CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for , modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as Issued by ENGINEER. 8) Records. a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions o1 original Contract Documents Including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive , Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies I SC -8 ' Supplementary Conditions any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. $G-8 OWNER'S RESPONSIBILITIES ' - . Delete paragraph 8.5 of the General Conditions in its entirety. $.Q 2 ENGINEER'S STATUS DURING CONSTRUCTION - . Add the following language at the end of paragraph 9.3 of the General Conditions: Duties. Responsibilities and Limitations of Authority of Resident Project Representative. I n r The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding Its actions. The Resident ' Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full ' knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. ' Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing ' submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. I I I I I I 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3)Las n. a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. SC -7 Supplementary Conditions , b) Receive samples which are furnished at the site by CONTRACTOR, and ' notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work. Reiection of Defective Work. Inspections and Tests. ' a) Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work Is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or detective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and ' maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative ' to the test procedures and startups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. ' 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and I transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for I modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as Issued by ENGINEER. 8) Records. a) Maintain at the Job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive ' Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations In more detail as in the case of observing test procedures; and send copies I SC -8 ' ISupplementary Conditions to ENGINEER. c) Record names, addresses and telephone 'numbers of all ' CONTRACTORS, subcontractors and major suppliers of materials and equipment. ' 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER In advance of scheduled major tests, Inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. ' 11) Certificates. Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the Items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Completion. a) Before ENGINEER Issues a Certificate of Substantial Completion, submit Ito CONTRACTOR a list of observed Items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and ' CONTRACTOR and prepare a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Limitations of Authority (except upon written instruction of the ENGINEER). Resident Project Representative: I. shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. i I SC -9 Supplementary Conditions , • shall not exceed limitations of ENGINEER'S authority as set forth in ' the Agreement or the Contract Documents. • shall not undertake any of the responsibilities of CONTRACTOR, ' subcontractors or CONTRACTOR'S superintendent. • shall not advise on, issue directions relative to or assume control 1 over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are , specifically required by the Contract Documents. • shall not advise on, issue directions regarding or assume control ' over safety precautions and programs in connection with the Work. shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. • shall not authorize OWNER to occupy the Project in whole or in part. • shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ' ENGINEER. SC -11 CHANGE OF CONTRACT PRICE SC -ti Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in Its place: The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR 1 differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2 if there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believes that it has incurred additional 1 expense as a result thereof; and 11.9.3.4 if OWNER believes that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed. i SC -la ' L ISC 13 S1C- 3 5 Tests and Inspections. Paragraph 13.5 of the General Conditions Is hereby . deleted In Its entirety and the following is substituted in its place: ' All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. I I IJ I L I I I I I I El SC -11 C I I I I I U Li I TEQHNIQAL $PEQIEIQATIQN$ SANITARY SEWER SYSTEM REHABILITATION AND RECONSTRUCTION MINISYSTEM 2 Contract Section I Fayetteville, Arkansas Plans No. Fy-210 January 1992 PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract (Contract Section I) Is as shown on the Plans and as provided for in these Specifications. The work shall include the furnishing of all materials, equipment, tools, supplies, and Incidentals, and performing all labor in the construction of work generally described as follows: ' Replacement of approximately 3,100 linear feet of sanitary sewer line; construction of approximately 6 point repairs; construction of approximately 8 municipal main line tap and service line repairs; construction and/or rehabilitation of approximately 22 manholes; cleaning, de -rooting, testing and grouting of approximately 2,900 linear feet of main line; including clearing, excavations, cleanup, seeding and mulching, testing, and all work ' required for a complete rehabilitation or reconstruction of the existing sanitary sewer system. ' B. SEQUENCE OF THE WORK It Is the Intent of these Specifications that the new sewer line segment shall be laid in the ' same trench and along the same alignment as the existing sewer line unless otherwise shown on the Plans or directed by the Engineer. The Contractor shall be responsible for disconnecting existing service connections, removing and replacing the existing sewer line, and reconnecting the existing service lines, and backfilling the sewer line, all within one calendar day for each line segment shown on the Plans. Furthermore, the Contractor has seven calendar days to complete cleanup on each individual line segment as set out in Section 489. I and mulching. (Seeding, and mulching shall ' 100-1 Section 100 , Project Requirements of March through October.) When seeding, fertilizing and mulching cannot be completed (during the months of November through February), an additional 10 percent retainage , on work under these bid items shall be withheld until completion. The Contractor shall also be responsible for providing bypass pumping as necessary to , prevent wastewater overflows, backups or bypasses during the time of construction. The Contractor shall notify the City of Fayetteville, Arkansas, and all sewered customers affected by the construction one day in advance of beginning work on the proposed line segment. Prior to beginning work, the Contractor shall submit a schedule of proposed work which shows the number of construction crews to be utilized, and a proposed schedule for each crew indicating the order of work for that crew, subject to the approval of the Engineer, C. LANDS AND RIGHTS -OF -WAY 1 The work to be performed under this contract shall be on lands owned by the City of Fayetteville and on easements or by permits obtained by the City of Fayetteville. All access to the rights -of -way across private property, other than along the route shown on the Plans, shall be exercised by the Contractor only after having obtained permission from each landowner for that particular access. D. CONTRACTOR TO FURNISH EQUIPMENT. MATERIALS AND MANPOWER The Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for the proper staking out of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. ' E. STORAGE OF MATERIAL Materials shall be stored so as to ensure the preservation of their quality and fitness for ' the work. When directed by the Engineer, they shall be placed on a wooden platform or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be located so as to facilitate prompt inspection. F. SUNDAY. HOLIDAY AND NIGHT WORK I No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or In case of any emergency. I 100-2 1 section too Project RegL*an nts G. SECURITY ' The Contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional r security fencing, barricades, lighting, watchman services, and other measures as required to protect the site. H. ACCESS ROADS The Contractor shall establish and maintain temporary access roads to various parts of I the site as required to complete the project. Scheduling, materials and construction procedures are specified in other sections of the documents. Such roads shall be available for the use of all other performing work or furnishing services in connection with the project. I. PARKING The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may interfere with Owner's operations or construction activities. J. TRAFFIC CONTROL It shall be the responsibility of the Contractor to provide sufficient flagmen, signs, barricades, lights and other items required to ensure complete safety of the public and the workmen at all times. Traffic control on state or federal highways shall be conducted and maintained as set forth in the •Manual of Uniform Traffic Control Devicesas 'published by the U. S. Department of Transportation, Federal Highway Administration. The data sheets included in Appendix A are intended as guidelines for typical sign dimensions and application for various types of Installations. ' K. DUST CONTROL The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or In transit shall be covered when practicable ' to prevent blowing. Buildings or operating facilities which may be affected adversely by dust shall be ' adequately protected. Existing or new machinery, motors, instrument panels or similar 100-3 Section 400 1 Protect Requirements equipment shall be protected by suitable dust screens. Proper ventilation shall be Included with dust screens. L. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be , applicable or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all Increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except In natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. ' M. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting I from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast growing vegetation or other suitable ground cover shall be provided as necessary to control runoff. N. POLLUTION CONTROL ' The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. O. TREE AND PLANT PROTECTION ' All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by the Contractor. However, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. All trimming and repair of trees and plants shall be performed by qualified nurserymen , or horticulturists. 1 100-4 I ' section too Project Requirements P. MONTHLY ESTIMATES AND PAYMENTS On or about the last Friday of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work during the previous calendar month. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. ' The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor 90 percent of the amount of such estimated value of materials furnished and work done during said previous calendar month. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held tto vitiate or void the contract. a. PAYMENT Payment shall be made In accordance with the bid items as set out in the Methods of Measurement and Payment. R. PROTECTING AND REPLACING UTILITY SERVICES In some instances the pipe will be installed under, alongside and over existing utility services. The Contractor shall be responsible for locating and protecting or repairing and replacing such services. Where the Contractor cannot make adequate repairs, the Contractor shall coordinate with the various utility companies to make repairs to all services, and such costs will be charged to the Contractor. The Contractor shall make arrangements for this service with the various utilities either before the bid is presented or before construction starts. ' Where the Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for 'tying of' poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working In the vicinity of these power lines. S. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. T. CLEANUP IDuring construction, the Contractor shall keep the construction area in a clean, neat and workmanlike condition at all times. 100-5 Section 100 Project Requirements LJ Pines an' inmanf anrf all nfhar meforiel shell ho cfnrorl anti nrnfartarl in an area away Ind all structures :h condition at all L I I El CI L I I I 1 u I I I I ri I section 120 Testing TECHNICAL SPECIFICATIONS ITESTING A. GENERAL The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required In connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. I I H U i I I I I 120-1 ISection 130 Temporary Faces TECHNICAL SPECIFICATIONS TEMPORARY FACILITIES IA. GENERAL During the performance of this contract, the Contractor shall at his expense maintain temporary office, communication, electric power, water and sanitation facilities at the project construction site. ' B. QFFICES The Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of his representative authorized to receive drawings, instructions, or other communication or articles. Any communication given to the said representative or delivered at the Contractor's offices at the site of the work in his absence shall be deemed to have been delivered to the Contractor. Copies of the Drawings, Specifications and other contract documents shall be kept at the Contractor's office at the site of the work and available for use at all times. C. WATER All water required for and in connection with the work to be performed and for any specified tests of piping, equipment, devices, etc. for inundation or settling of backfill material or for any other use as may be required for proper completion of the work shall L be provided by and at the expense of the Contractor. No separate payment for water used or required will be made and all costs in connection therewith shall be included In the Bid. D. TELEPHONE SERVICE The Contractor shall make all necessary arrangements with the telephone utility for telephones in his offices at the site and shall pay all charges therefor. E. SANITARY FACILITIES The Contractor shall furnish temporary facilities at the site, as provided herein, for the needs of all construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be of reasonable capacity, property maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 men. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. I ' 130-1 I Section 140 Schedules I LI I I I I I I On the last Friday of each month, the Contractor shall submit to the Engineer critical path ' progress status reports and revised schedules as required to show completion of the project within the agreed contract time set forth In the Contract Agreement. TECHNICAL SPECIFICATIONS SCHEDULES A. GENERAL The Contractor shall utilize and maintain through project completion critical path scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall be submitted to the Engineer as required by the General Conditions and as specified herein. B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall submit all approvable critical path scheduling at least ten days before submission of the first application for payment. I H I I I I I ' 140-1 I section 160 Materials Storage/Handling J I I I LI TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS A. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective In manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered prior to the final acceptance of the work. B. STORAGE OF MATERIALS I The Contractor shall be responsible for the safe storage of material furnished by or to him and accepted by him, and intended for the work, until It has been incorporated in the completed project. The Interior of all pipe, fittings and other accessories shall be kept ' free from dirt and foreign matter at all times. All materials shall be stored in strict conformance to the manufacturer's recommendations. ' C. HANDLING OF MATERIALS All materials furnished by the Contractor shall be delivered and distributed at the site by ' the Contractor. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Care of Pioe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. I I I I I 160-1 I ..11r0'1 . i !St. - I I I I I I I I I I I I I I I L I TECHNICAL SPECIFICATIONS CRUSHED STONE BASE A GENERAL The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and Incidentals necessary for completion of crushed stone base course, as shown on the Plans and as hereinafter specified. B. MATERIALS AND EXECUTION The Contractor shall furnish materials and construct crushed stone base course Class 6, as specified by Section 303 of "Standard Specifications for Highway Construction Edition of 1991, published by the Arkansas State Highway Commission. These specifications are available for inspection In the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas. Crushed stone base course, Class 6, shall be compacted to 95 percent of modified Proctor (ASTM D1557-78). C. TESTING All testing, gradation, plasticity, modified Proctor standards, and in -place densities of crushed stone base course Class 6 shall be performed by a laboratory acceptable to the Engineer. All costs associated with the required testing shall be borne by the Contractor. K 1 1 Section 310 Pipe Bedd hg Materiel TECHNICAL SPECIFICATIONS ' PIPE BEDDING MATERIAL FOR GRAVITY SEWERS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for completion of pipe bedding material as shown on the Plans and as hereinafter specified. ' B. MATERIALS The Contractor shall furnish bedding material from an Arkansas State Highway and Transportation Department approved source for coarse aggregate for Portland cement concrete. The bedding material shall contain a minimum of 95 percent (by weight) crushed particles. The gradation of the bedding material shall conform to the ' requirements for "Coarse Aggregate Size Number 67" as specified by the latest revision of ASTM D-448, AASHTO M-4382. ' C. EXECUTION Pipe bedding shall be constructed to the dimensions detailed on the Plans for all pipe ' types by placing in lifts of not more than 8 inches and compacting by spading and tamping with mechanical tamDingqguigment. Material shall be carefully placed under the pipe haunches. D. TESTING The Contractor shall, prior to delivery, furnish the suppliers' certificates that all pipe bedding material furnished meets the requirements of these Specifications. I u I I I 310-1 ' Section 400 ciserkv TECHNICAL SPECIFICATIONS ' CLEARING, CUTTING AND REBUILDING/REPAIRING FENCES A. GENERAL Parts of construction are Indicated on the Plans as being through lawns, gardens, brush, timbered areas and pasture land. There Is no separate pay item for the clearing, disposing of brush, timber or other debris resulting from the clearing operation. Nor Is there a separate pay item for cutting and repairing/rebuilding fences. B. CLEARING 1. Brush. Timbered Areas and Pasture Land. The Contractor shall clear brush and other debris and do such construction as Is necessary to provide an adequate working area. • The Contractor shall remove only those trees necessary for the construction of improvements. Where sewer lines are to be constructed in close proximity with ' shade trees or other trees of significant value, the Contractor will be expected to work near the trees without removing or damaging them. ' All brush, timber and other debris required to be removed from the work area shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will be permissible, provided that the provisions required by all state and local agencies controlling and supervising these activities have been complied with. IA portion of the work may cross private property in which livestock is at large. It is the responsibility of the Contractor to see that the livestock is kept in the original pastures. It has been found that wilted wild cherry leaves are poisonous to livestock. Consequently, wherever wild cherry is removed or damaged, the branches shall be removed immediately from the site of the work, and shall be burned or disposed of so that it will be impossible for the livestock to have access ' to them. 2. Lawns Gardens and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, all shrubbery, small trees (less than 4 inches in diameter), and other items of landscape shall either be protected or shall be replaced at the Contractor's expense. ' All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. 3. Power Lines. Where a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements ' with the power company for "tying off" poles. It shall also be the responsibility 400-1 S. I of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission line. It Is strongly recommended that low profile construction equipment be used and that a minimum 15 foot vertical clearance be maintained between any equipment and transmission conductors. Unless the sewer line Is specifically set out to cross within the limits of the power line right of way, the Contractor shall not after or work within the limits of the existing power line right of way. 4. Miscellaneous. Where signs, mailboxes, posts, fences, and other obstructions are to be removed and replaced, they shall be removed and protected. After pipe construction is complete, they shall be replaced in their original conditions. 5. Fences - Cutting and Repairing. Where fences are to be crossed during the course of construction, the fences are to be replaced to existing alignment as nearly as possible. Prior to cutting, the Engineer will witness the fence locations. Any stakes or other identification so used shall be protected by the contractor. Prior to clearing, the Contractor shall tie off the existing fence as necessary on each side of the right of way so that when the fence is cut, the tension on the fence is not reduced. He shall then construct temporary gates and fences so as to maintain livestock In the original pasture during construction. There is no separate pay item for temporary gates. After all construction, including cleanup, is complete, the fences shall be rebuilt to equal or better than original condition using new posts and wire. The wire used In rebuilding of the openings shall be of the same general type of the existing lances. Posts shall be of equal or better quality than the existing posts. Where removal, replacement or repair of chain link fences is required, the ' Contractor shall retain a professional fence company to perform the work. I I I U I I I I I U I C C C I I 400-2 ' I I I Hi TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface, curb and gutter, or sidewalk. unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where sewer lines, manholes, and other appurtenances are to be constructed ' and/or repaired, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon the type of area In or through which construction occurs and are set out below. No payment for surface repair will be made outside the width of allowable removal. I1. Lawns Gardens Mowed or Cultivated Areas, and Other Well -Kept Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along the ditch line so that it does not become mixed with the remaining excavation. Topsoil which Is not property kept segregated from the remaining excavation and preserved for replacement on top of backfill shall be replaced by the Contractor from a topsoil source, approved by the Engineer. No ' additional compensation shall be paid the Contractor for replacing topsoil. The length and width of surface removal shall be no more than that necessary to construct the work, i.e., sewer lines and appurtenances. 2. Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out In paragraph 1 above, except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. ' 3. Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench ' specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. 401-1 I The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. (1) Removal of Pavement Around Existing Manhole Rings and Lids. A square cut shall be made In the pavement within an area extending 18 inches each side of the manhole ring. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the ring and lid. This material shall be hauled from the site and disposed of at the option of the Contractor. (2) Removal of Pavement Around Manholes. Where an existing manhole is to be removed and/or a new manhole is to be constructed, a square cut shall be made in the pavement within an area extending 18 inches each side of the outside manhole wall. The pavement and underlying material shall be removed to the depth necessary for the manhole removal and/or construction. (3) Removal of Pavement for Sewer Line Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the standard trench width as defined on the detail sheet of the Plans plus 18 inches each side of the standard trench. The length of the asphaltic pavement removal shall be no more than that necessary to construct the work, i.e., sewer lines and appurtenances. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. (1) Removal of Pavement Around Existing Manhole Rrnas and Lids. A square cut shall be made in the concrete pavement within an area extending 18 inches each side of the manhole ring. The pavement and underlying base and/or subgrade material shall be removed to the depth necessary to expose the ring and lid. The material shall be hauled from the site and disposed of at the option of the Contractor. (2) Removal of Pavement Around Manholes. Where an existing manhole is to be removed and/or a new manhole is to be constructed, a square cut shall be made in the concrete pavement I I rl I 1 I I I I J I J I I I I I 401.2 Section 401 Surface Removal within an area extending 18 inches each side of the outside manhole wall. The pavement and underlying material shall be removed to the depth necessary for the manhole removal and/or construction. (3) Removal of Pavement for Sewer Line Construction. The width of concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the normal trench width as defined on the detail sheet of the Plans plus 18 inches on each side of the trench. The length of the concrete pavement removal shall be no more than that necessary to construct the work, i.e., sewer lines and appurtenances. IC. nave surface removal ' 4. Sidewalk and C be removed as ' of concrete removed when so directed shall be the standard trench width as shown on the plans plus 18 inches each side of the trench. I Driving Surfaces. The width and length of unpaved driving eemoval shall be the same as that set out for asphaltic pavement set out in paragraph 3.a above. ,urb and Gutter Removal. Sidewalk and curb and gutter shall only shown on the Plans or at the direction of the Engineer. The width 5. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing ' conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation L I I I will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. I 401-3 ' Section 419 PVC Sewers ' TECHNICAL SPECIFICATIONS ' POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR SEWER LINES ' A. GENERAL The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and Incidentals necessary for the construction of polyvinyl chloride (PVC) sanitary sewer lines. The work shall include ' every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. ILLS 1 . t ji;i. iPt :IP a' I I StandardDimensionI • : - • - - • • • Is : 4I4L:S:1 �• ti • ti a • : • I ;ic • : • c • • • • _ • r• • I• • • : w •t$ :accordance I i': ( k : :l_kJJUIt • •: - /•ti 1 *Si:,*: :I - I • • 1,4. : • • • • : - I I : • _ • • I i• • • • be •.i'z;riimlubricant:• • • : • • 1 urn ci pipe •• • _• 1: • •_ ::/• / L'y/ • -:may: ►Jl : / - • _ • : - I : / C ► ' required) shall be as aggregate base course, Class 6, as specified In Section 303 of the Arkansas State Highway Department Standard Specifications, latest edition. Note: This item shall be paid for at the unit price bid and as set out in the Methods of Measurement and Payment. 6. Independent Laboratory Inspection. All PVC sewer pipe and PVC pipe fittings furnished and installed on this project shall be Inspected and tested by the ' 419-1 Section 419 PVC Sewers manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. if evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved Independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe Is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The Independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. ' 7. Concrete. Concrete for reaction backing, pipe cover, or pipe encasement as shown on the Plans or as directed by the Engineer shall be as specified elsewhere in these Specifications. This Rem shall be paid for at the unit price bid and as set out in the Methods of Measurement and Payment. 8. Transition Couplings. Transition couplings from polyvinyl chloride to clay or ductile 1 iron sewer pipe shall be made of elastomeric plastic material and shall be manufactured by Fernco, Inc., or equal. 1 9. Waterstop Gasket and Clamp. Gaskets shall comply with ASTM F-477, •Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe' Gasket cross section shall be equal to Hamilton Kent die no. 2347. Clamps shall be worm drive with 318 inch hex head slotted screw with 9/16 inch wide band which is continuously gear slotted all around. Clamps shall be stainless steel, band and housing of 300 Series and worm screw of 400 Series stainless steel. Clamps shall be equal to Ideal, 64 Series or 68 Series, 0.024 inch thick. Waterstop gaskets and clamps shall be manufactured by Ethyl Corp., or equal. C. EXECUTION neral. The Contractor shall, unless otherwise specified, furnish all material, 1 equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 419-2 ' Section 419 PVC Sewers 2. Handling and Storage. Pipe and fittings shall. be inspected upon arrival at the job site and handled in sucha manner so as to protect them from damage due to impact, shock and free fall. Pipe and fittings shall not be dragged along the ground and shall be stored so as to protect the joints and pipe from damage. Should the pipe and/or fittings necessitate handling by a mechanical means, a clamp, rope or sling may be used around the outside barrel of the pipe and/or fittings. ' 3. Installing Polyvinyl Chloride Pipe and Fittings. Polyvinyl chloride pipe and fittings shall be Installed in conformance to the latest revision of ASTM D-2321 standard practice for installing flexible thermoplastic sewer pipe lines. Polyvinyl chloride ' pipe shall be installed with bedding material as specified elsewhere in these Specifications from 4 inches below the bottom of the outside of the barrel. Note: There is ng separate pay item for pipe bedding material. This item shall be considered subsidiary to the polyvinyl chloride sewer pipe. 4. Construction Sequence. Construction of sewers shall begin at the low point of the I. line and continue in orderly succession throughout the project. Any deviation from this procedure shall be made only with the specific approval of the Engineer. ' Appurtenances such as fittings, service reconnections, manholes, etc. shall be constructed as the work progresses. 5. Requirements Preparatory to Trench Excavation. In all areas where sewer lines and appurtenances are to be constructed and/or repaired, the right of way shall be cleared and the existing surface shall be removed prior to excavation of the trench. Note: There is nMc separate pay hem for clearing or surface removal. These items of work shall be subsidiary to the polyvinyl chloride sewer pipe. These requirements are dependent upon the type of area in which sewer line construction occurs and are specified elsewhere in these Specifications. 6. Trench Excavation. The construction of this project is through an area underlain with various types of soil. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as ' set out elsewhere in these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the ' trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged during construction. ' 419-3 Section 419 ' PVC Sewers a. Trench Depth and Pipe Bedding. The trench shall be excavated to a minimum of 4 inches below the bottom of the pipe when laid at the required grade. Bell holes shall be excavated in accord with ASTM D-2321. Polyvinyl chloride pipe shall be bedded to pipe bedding material, as specified elsewhere in these Specifications, for the full width of the excavated trench from a point 4 inches below the bottom of the pipe barrel up to the pipe barrel cenlerline. The bedding material shall extend the full width of the excavated trench. (See detail on Plans.) All overexcavation ' shall be backfilled with bedding material at the Contractor's expense. Material required to backfill overexcavation shall be placed in 8 inch I'rfts and thoroughly tamped with mechanical compaction equipment to reach the required established grade. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Width of Trench. Should the excavated polyvinyl chloride sewer tine trench width exceed the width as detailed on the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel, the Contractor shall at his expense provide additional pipe bedding material or concrete as necessary to prevent crushing of the sewer pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. c. Length. The Engineer may limit the trench excavated in advance of installation of sewer pipe. No excavation In advance of installation of sewer pipe shall exceed 300 feet, or that length in which installation may reasonably be completed during the workday. Trench excavated to grade in advance of installation of sewer pipe shall not exceed 150 feet, or that length In which installation may reasonably be completed during the workday. ' Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid or from where cast -in -place concrete operations are In progress. 7. Excavation In Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade Is found to be unstable or to Include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill as specified elsewhere in these Specifications, in 8 Inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required as crushed stone base in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the 419-4 ' Section 419 PVC Sewers ' Contractor for additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation Is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the sewer trench backfilled and thoroughly tamped with the bracing ' In place. jig: The Contractor will not be paid for such bracing, sheeting or shoring whether it is withdrawn or left in the trench. 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor ' shall remove all such soft material and replace it with crushed stone base trench backfill at his own expense. Under no conditions will polyvinyl chloride sewer pipe be laid in a trench that has not been properly dewatered. No additional ' compensation will be made to the Contractor for dewatering or removal of muck. 10. Laving Polyvinyl Chloride Pipe Sewers - Factory Jointed Pipe. Polyvinyl chloride ' sewer pipe shall be laid on a firm bed, as previously specified, in perfect conformity with lines and levels given. The pipe shall be laid with even bearing on the bottom of the trench, which shall be shaped and prepared to conform to ' the. form of pipe. Bedding material shall be removed from the bottom of the trench to give proper clearance to the sleeve or bell end of the pipe, but no larger than is necessary to make a proper joint. The Intent is that no load shall rest on the ' pipe bell. In jointing PVC pipe, the mating surfaces shall be wiped free of dust, dirt, gravel, ' or other foreign materials prior to the application of the lubricant. The PVC pipe shall be connected by first brushing upon the mating surfaces the proper lubricant as recommended by the pipe manufacturer. The spigot end shall then be ' centered on grade into the bell end of the last downstream PVC pipe length and shoved "home' and properly seated with the application of a moderate force by a pry or level device. To protect the pipe and coupling when using a pry bar, a ' timber fulcrum shall be inserted into the coupling end of the pipe. The timber fulcrum shall extend a minimum of 1/2 inch past the end of the pipe. The coupling end of the pipe in all cases shall be laid toward the high end of the sewer. ' 11. Connections to New Manholes a. Cast -in -Place Manholes. Excavation for cast -in -place manhole footings shall be limited to the area to be filled with concrete. The Contractor shall support pipe entering the manhole ALL OF THE WAY to solid bedding by backfilling under the pipe and up to the springline, one-half outside ' diameter, with concrete. Nom: No additional payment will be made for ' 419-5 Section 419 PVC Sewers concrete bedding at manhole connections. The concrete bedding shall be subsidiary to the sewer pipe. b. Waterston Gasket. Stretch waterstop gasket and slip over pipe into position. Place clamp over gasket and tighten worm drive to ' 10 foot-pounds torque. Encase In expansive grout for 4 inch minimum cover all around unless encased in monolithically placed concrete manhole. Grout shall be a metallic additive non -shrink type equal to Sika Chemical Corporation 'Kemox,' Sonneborne Building Products 'Ferrolith,' Master Builders 'Embeco; or Gifford -Hill 'Gilco ' 12. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 13. QJvp. Cleanup shall be as specified elsewhere in these Specifications. I 14. Mandrel Testing. Polyvinyl chloride pipe sewer lines shall be Mandrel tested as specified elsewhere in these Specifications. I I I 1 I I I C I 419-6 ' r . 1 I 1 1 I i - workIr r] Mi I< r r C 1 I• • I Specifications�• • r rI 11: labor,: • I _ r • I I I M • J Y. ••: construction• r I • r • ] • I ] _ _ • •• .] 1 MI • :.r::.: • I• r andacceptable .C I: I B. MATERIALS 1. Ductile Iron Pipg. All ductile iron pipe shall conform to the requirements of the 'Standard Specification for Ductile Iron Gravity Sewer Pipe,' ASTM A746, latest revision, and shall be designed by the pipe manufacturer based on laying condition Type 5 and the depth of earthload shown on the Plans, plus truck load. ' 2. Ductile Iron Pipe Fittings. All fittings shall be ductile Iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10, latest revision. All fittings shall have a minimum pressure rating of 150 pounds per square inch unless otherwise shown on the Plans. The ductile iron pipe furnished shall be at least Use Class 51. 3. Ductile Iron Pioe Joints. All ductile iron pipe and ductile iron pipe fittings shall have •Tyton' rubber gasket Joints in conformance with ANSI/AWWA ' C111/A21.11, latest revision, for either push -on joints or mechanical joints. 4. Polyurethane Uning. All ductile iron pipe and fittings shall be lined with ' 'Corropipe II TX -1 Minute' two -component polyurethane coating material, manufactured by Madison Chemical Industries, Inc., of Forest Park, GA. Polyurethane linings shall cover the inner surface of the pipe or fittings and joint surfaces which may be exposed to sewer liquids and/or gases. ' Uning in pipe and in fittings shall be a minimum of 40 mils dry film thickness. Prior to application of the polyurethane lining, the inner surface of pipe or fittings and joint surfaces which may be exposed to sewer liquids and/or gases, shall be cleaned as recommended by the lining manufacturer. After completion, the lining of every pipe and fitting shall be subjected to and pass a 20,000 volt spark test prior to delivery to the project site. If a pipe does not pass the spark test, it shall be rejected. No pipe shall be delivered to the job site with Corropipe II Mastic repairs. 1 420-1 Section 420 ' DIP Sewer 5. Polyethylene Encasement. All ductile iron pipe and fittings shall be constructed with polyethylene encasement as specified in Section 422 of these Specifications. 6. Outside Coating. All ductile iron pipe shall have an outside coating. The coating shall be a bituminous coating approximately 1 mil thick. The coating shall be factory -applied to the outside of all pipe and fittings. The finished coating shall be ' continuous, smooth, neither brittle when exposed to the cold, nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 7. Ductile Iron Pine Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer. 8. Ductile Iron Pipe Bedding Material. Granular material for bedding ductile iron ' sewer pipe shall conform with the requirements for pipe bedding material as specified in Section 310 of these Specifications. NOTE: No separate pay shall be made for ductile iron pipe bedding material. This item shall be considered subsidiary to the ductile iron pipe. 9. Granular Base Trench Backfill. Granular base trench backfill (where required) shall be AHTD Class 6 as specified elsewhere in these Specifications. NOTE: This item shall be paid for at the unit price bid, and as set out in the Methods of Measurement and Payment. 10. Independent Laboratory Insoeclion. All ductile iron pipe and ductile Iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM Standards have not ' been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 11. Waterstop Gasket and Clamp. Gaskets shall comply with ASTM F-477, •Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe." Gasket cross section shall be equal to Hamilton Kent die no. 2347. Clamps shall be worm drive with 3/8 inch hex head slotted screw with 9/16 inch wide band which is continuously gear slotted all around. Clamps shall be stainless steel, band and housing of 300 Series and worm screw of 400 Series stainless steel. Clamps shall be equal to Ideal, 64 Series or 68 Series, 0.024 inch thick. 420-2 1 section a2o DIP Sewer Waterstop gasket and clamp shall be as manufactured by Ethyl Corp., or equal. C. DUCTILE IRON PIPE SEWER LINE CONSTRUCTION 1. n r 1, The Contractor shall, unless otherwise specified, furnish all material, ' equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings and fittings, and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct ' and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, and roadway surface unless otherwise stipulated; remove surplus excavated material; dean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Installing Ductile Iron PiPe. Ductile iron pipe and ductile Iron pipe fittings shall be installed in conformance with the recommendations of AWWA C600, latest ' revision, and in conformance with the Specifications hereinafter set out. Standard laying condition Type 5, as defined by ASTM A746, shall be used throughout this project. Cut ends of polyurethane lined pipe which are field cut shall be repaired, finished, cleaned and sealed to provide competent polyurethane lining on all inner pipe and ' fittings and joint surfaces which may be exposed to sewer liquids and/or gases. Repairs, finishes and seals of field cuts shall be made in strict accord with procedures for field cuts required by the lining material manufacturer. IField repairs of limited damaged polyurethane linings may, if authorized by the Engineer prior to execution of the repair, be made utilizing Corropipe II Mastic,' ' manufactured by Madison Chemical Industries, Inc. of Forest Park, GA. Authorized repairs shall be made in strict accord with procedures for repairs required by the lining material manufacturer. ' Pieces of pipe which require more than two (2) polyurethane lining field repairs shall be rejected, and shall be removed from the work and replaced with pipe ' which conforms with these Specifications. 3. Construction Sequence. Construction of sanitary sewers shall begin at the low ' point of the line and continue in orderly succession throughout the work. Any deviation from this procedure shall be made only with the specific approval of the Engineer. Unless specifically approved by the Engineer, appurtenances such as fittings, service reconnections, manholes, etc. shall be constructed as the work ' progresses. 4. Requirements Preparatory to Trench Excavation. In all areas where sewer lines, manholes, or other appurtenances are to be constructed and/or repaired, the 420-3 Section 420 DIP Sewer existing surface shall be removed prior to excavating the trench. There Is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which sewer line construction occurs and are specified elsewhere In these Specifications. 5. Excavation and Preparation of Trench. The trench shall be dug so that the pipe can be laid to the alignment and depth required, and It shall be excavated only so far in advance of pipe laying as set out in paragraph C.5.c of these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or sewers. a. Trench Depth and Pipe Bedding. The trench shall be excavated to at least 4 inches below the established grade as shown on the Plans. The ductile iron pipe shall then be bedded in pipe bedding material, as previously specified, from a point 4 inches below the bottom of the pipe barrel up to the horizontal plane of the top of the pipe barrel, mechanically tamped to attain a Type 5 laying condition. All overexcavation shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 8 Inch lifts and thoroughly mechanically tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. Driving Surfaces and Curb and Gutter. Where the sewer fine excavation Is within the limits of existing streets or Is crossing curb and gutter or driving surfaces, including paved and unpaved roads, driveways or parking lots, the pipe bedding material shall be pipe bedding material as specified in Section 310 of these Specifications. After the pipe bedding has been completed, the pipe backfill shall be completed as detailed on the Plans and as specified in Section 491 of these Specifications. b. Width. The excavated sewer trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding gravel or concrete as necessary to prevent crushing of the sewer pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. c. Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. No excavation in advance of Installation of sewer pipe shall exceed 300 feet, and trench excavated to grade shall not exceed 100 feet, or that length in which installation may reasonably be completed during the workday. I L Ii] LI I II I I I J I� u I I I I H I 420-4 Li I Section 420 DIP Sewer I I I I I i I I I I I 6. Excavation In Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe Is laid, the subgrade shall be made by backfilling with granular base trench backfill, as specified elsewhere in these Specifications, In 8 inch uncompacted layers. The layers shall be machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required as crushed stone base AHTD Class 6 in accordance with the Methods of Measurement and Payment section of these Specifications. However, nno additional compensation will be made to the Contractor for the additional excavation. 7. Bracing and Shoring. The sides of any excavation shall be property supported with bracing, shoring or sheeting as required. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. 8. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with gravel base bedding gravel at his own expense. Under no conditions will ductile iron sewer pipe be laid in a trench that has not been properly dewatered. No additional compensation will be made to the Contractor for dewatering and removal of muck. 9. Laying Ductile Iron Pipe Sewers. Ductile iron sewer pipe shall be laid on a firm bed, as previously specified, in perfect conformity with lines and levels given. The pipe shall be laid with even bearing on the bottom of the trench, which shall be shaped and prepared to conform to the form of pipe. Niches of sufficient dimensions shall be cut in the bottom of the trench to give perfect clearance to the sleeve or bell end of the pipe, but no larger than is necessary to make a proper joint. The backfill material, of good earth, sand or gravel, shall then be placed and tamped to the top of the pipe prior to machine backfilling. Standard laying condition Type 5 shall be used throughout this project. The pipe shall be installed In accordance with paragraph CA of this Specification. The coupling end of the pipe in all cases shall be laid toward the high end of the sewer. Connections to New Manholes. Pipe connections to manholes are a constant source of potential trouble. In order to ensure that pipe will not break immediately I 420-5 Section 420 DIP Sewer adjacent to the manhole, care shall be taken that excavation for the manhole bottom is limited to the area to be filled with concrete. The Contractor shall , support pipe entering the manhole ALL OF THE WAY to solid bedding by backfilling under the pipe and up to mid-springline with concrete. Stretch waterstop gasket and slip over pipe into position. Placed clamp over I gasket and tighten worm drive to 10 toot -pounds torque. Encase in expansive grout for 4 inch minimum cover all around unless encased in monolithically placed concrete manhole. Grout shall be a metallic additive non -shrink type equal to Sika Chemical Corporation 'Kemox,' Sonneborne Building Products Ferrolith; Master Builders 'Embeco,or Gifford -Hill Gilco ' 10. Polyethylene Encasement. Polyethylene encasement, as specified elsewhere in I these Specifications, shall be installed In accordance with the manufacturer's recommendations. I 11. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere In these Specifications. I 12. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. I L I I I I I C I I 420-6 1 Section 471 Polyethylene Encasement TECHNICAL SPECIFICATIONS I POLYETHYLENE ENCASEMENT FOR DUCTILE IRON PIPE, FITTINGS AND APPURTENANCES IA. GENERAL The work to be included under this section of the Specifications shall consist of providing I all materials, labor, equipment, tools, supplies and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. B. MATERIALS I1. Polyethylene Encasement. Polyethylene shall be in conformance with ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum normal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. C. LOCATION Polyethylene encasement shall be provided on all ductile iron sewer pipe and fittings installed on this project. D. EXECUTION I Polyethylene encasement shall be installed In accordance with ANSI/AWWA C1 05, latest revision, for either Method A, B or C Installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. I I I I I C1 I I 422-1 Section 429 Mandrel Teat TECHNICAL SPECIFICATIONS ' MANDREL TESTING OF POLYVINYL CHLORIDE PIPE SEWER LINES ' A. GENERAL The work included in this section shall consist of providing all materials, labor, equipment, 1 tools, supplies and incidentals necessary for Mandrel testing of polyvinyl chloride (PVC) sewer lines. PVC sewer lines shall be Mandrelled in conformance with these Specifications. B. MATERIALS Flexible sewer pipes shall be Mandrelled with a rigid device sized to pass 5 percent or less deflection (or deformation) of the pipe. The Mandrel (go/no-go) device shall be cylindrical in shape and constructed with either 9 or 16 evenly spaced arms or prongs. Mandrels with less arms (in odd or even ' numbers, respectively) will be rejected as not sufficiently accurate. The contact length of the Mandrel's arms shall equal or exceed the nominal diameter of the sewer to be inspected. Critical Mandrel dimensions shall carry a tolerance of ±0.01 inch. Pipe dimensions as contained in ASTM 2680, latest revision, shall be used to compute the Mandrel dimensions. Allowances for pipe wall thickness tolerances or ovality (from ' shipment, heat, shipping loads, poor production, etc.) shall not be deducted from the base ASTM data, but shall be counted as a part of the 5 percent or lesser deflection allowance. The Mandrel shall be hand -pulled by the Contractor through all sewer lines. Any sections of sewer not passing the Mandrel shall be uncovered and the Contractor shall robed, reround or replace the sewer to the satisfaction of the Engineer. These repaired sections shall be retested. The inspection shall be conducted no earlier than 30 days after reaching final trench backfill grade, provided, in the opinion of the Engineer, that sufficient water densification or rainfall has occurred to thoroughly settle the soil throughout the entire trench depth. ' If this cannot be achieved in the time after installation prior to the project completion date, then the Mandrel size shall be increased to measure one-third less of a deflection allowance. Drawings of the Mandrel with complete dimensioning shall be furnished by the Contractor to the Engineer for his approval for each diameter and specification of pipe. 429-1 I I I LI [I I I I L_1 I I I I I I TECHNICAL SPECIFICATIONS CLEANING AND TELEVISING SANITARY SEWER LINES A. GENERAL ii T- • I• rTr1 : • 1 : 1 1: • • 1 1 : r: I 1 r• 1 • : 1' '1 11 • 1 • 1 h 1 : : : : 1 h B. CLEANING I 1 • r• r: - • u - • r: 1 : • - • - • • • h : 1 : 1 : • I: 1 : • : 1 • 1 : • • : • I _ : • • : 1 I : • I • 1 : : • I 2. Root Removal. Roots shall be removed in the designated sections where root Intrusion is a problem. Special attention should be used during the cleaning operation to assure almost complete removal of roots from the joints. Any roots which could prevent the proper application of the pipe grouting shall be removed. Procedures may include the use of mechanical equipment such as rodding machines, bucket machines and winches using root cutters and porcupines, and equipment such as high -velocity jet cleaners. 3. Material Removal. All sludge, dirt, sand, rocks, grease, and other solid or semisolid material resulting from the cleaning operation shall be removed at the downstream manhole of the section being cleaned. Passing material from manhole section to manhole section, which could cause line stoppages, accumulations of sand in wetwells, or damage pumping equipment, shall not be permitted. 4. DDl posal of Materials. All solids or semisolids resulting from the cleaning operations shall be removed from the site and disposed of at a site designated by the Owner. All materials shall be removed from the site no less often than at the end of each workday. Under n!c circumstances will the Contractor be allowed to accumulate debris, etc., on the site of work beyond the stated time. 5. Water. The Owner shall provide water for cleaning the specified line segments. The Contractor shall be conservative and not use unnecessarily. No fire hydrant shall be obstructed in case of a fire in the area served by the hydrant. Section 442 t SIL Cleaningrreievising 1 6. Protection of Property. Precautions shall be taken to protect all private and public property from damage due to flooding or other problems associated with cleaning. The Contractor shall be responsible for all damage to public or private property associated with the cleaning operations. C. TELEVISION INSPECTION , After cleaning, the sewer line segments shall be visually Inspected by means of closed- , circuit television. The Inspection shall be done one manhole section at a time. The television camera used for the inspection shall be specifically designed and constructed for such inspection. Lighting for the camera shall be suitable to allow a clear picture of the entire periphery of the pipe. The camera shall be operative in 100 percent humidity conditions. The camera, television monitor, and other components of the video system shall be capable of producing picture quality to the satisfaction of the Engineer; and if unsatisfactory, equipment shall be removed and no payment will be made for an unsatisfactory inspection. The camera shall be moved through the lien in either direction at a moderate rate, stopping when necessary to permit proper documentation of the sewer's condition. In t no case will the television camera be pulled at a speed greater than 30 feet per minute. Power winches, TV cable, and powered rewinds or other devices that do not obstruct the camera view or interfere with proper documentation of the sewer conditions shall be used to move the camera through the sewer line. If, during the inspection operation, the television camera will not pass through the entire manhole section, the Contractor shall set up his equipment so that the inspection can be performed from the opposite manhole. If, prior to televising, the cleaning equipment failed to traverse the entire manhole section and it was assumed that a major blockage exists, the remote -controlled track type television camera shall be used to determine the extent and the type of the blockage. I Television Inspection Loos. Printed location records shall be kept by the Contractor and shall clearly show the location in relation to an adjacent manhole of each infiltration point observed during inspection. In addition, other points of significance such as locations of building sewers, unusual conditions, roots, storm sewer connections, broken pipe, presence of scale and corrosion, and other discernible features shall be recorded and a copy of such records shall be supplied to the Owner. Videotape Recordings. Video tapes of the television inspection shall be recorded and shall be supplied to the Owner. I I 442-2 1 section 443 Main Line Al Test/Grout ITECHNICAL SPECIFICATIONS IMAIN LINE AIR TEST AND GROUTING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for testing and grouting of the sewer main line joints and circumferential cracks. B. EQUIPMENT The basic equipment used shall consist of a closed-circuit television system, test monitoring equipment, chemical sealant containers, pumps, regulators, hoses, etc., and a joint sealing and testing device (such as packer) for the various sizes of sewer pipes. The packer device shall be cylindrical and have a diameter less than the pipe size and have cables attached at each end to pull it through the line. C. MATERIALS ' The chemical grout shall be low toxicity AC -400 acrylate chemical grout as manufactured by Geochemical Corporation, or approved equal. D. AIR TESTING AND GROUTING PROCEDURE Prior to starting the pipe joint testing phase of the work, a two-part control test shall be ' performed as specified in the National Association of Sewer Service Companies (NASSCO) Specifications. I Each sewer pipe joint and circumferential crack within designated sewer line segments shall be air tested and sealed as specified below: 1. The packer shall be positioned over the faulty joint or crack by means of a measuring device and the closed-circuit television camera in line. 2. The packer ends shall be expanded using controlled pressure. The expanded ends shall seal against the inside periphery of the pipe to form a void area at the faulty joint or crack, now completely isolated from the remainder of the pipe line. 3. Air shall then be introduced into the void area until a pressure equal to or greater than the required test pressure (as specified below) is observed with the void pressure monitoring equipment. Then, the air flow shall be stopped. If the void pressure decays by more than 2 psi within 15 seconds, or if the required test pressure cannot be developed (due to joint leakage), the joint will have failed the ' test and shall be sealed as specified in paragraph D.4 of this Specification. Test Pressure. Joint test pressure shall be 3 osi higher than the groundwater ' pressure, If any, outside the pipe. Groundwater pressure may be determined by 1 443-1 X44 I Main Une Air Test/Grout positioning the testing device on a visibly Infiltrating joint and measuring the resulting VOID pressure with the VOID pressure monitoring equipment. In the absence of groundwater pressure data, the test pressure shall be equal to 1/2 psi per vertical foot of pipe depth or 3 psi, whichever Is greater. 4. Joint Sealing Procedure. Joints or circumference cracks showing visible leakage or joints that have failed the joint test specified shall be sealed as specified. Joint sealing shall be accomplished by forcing chemical sealing materials into or through faulty joints or cracks by a system of pumps, hoses, and sealing packers. It is Important that the procedure used by the Contractor for positioning the packer be accurate to avoid overpulling the packer and thus not effectively sealing (grouting) the intended joint. The pumping unit, metering equipment, and the packer device shall be designed so that proportions and quantities of materials can be regulated in accordance with the type and size of the leak being sealed. ' 5. Joint Sealing Verification. Upon completing the sealing of each individual joint, the ' packer shall be deflated until the VOID pressure meter reads zero pressure, then reintlated and the joint retested as specified above. Should the VOID pressure meter not read zero, the Contractor shall clean his equipment of residual grout material or make the necessary equipment repairs/adjustments to produce accurate VOID pressure readings. Joints that fail to meet the specified test criteria shall be resealed and retested until the test criteria can be met. 6. Residual Sealing Material. Residual sealing materials that extend into the pipe, I reduce the pipe diameter, or restrict the flow, shall be removed from the joint. The sealed joints shall be left reasonably 'flush' with the existing pipe surface. If excessive residual sealing materials accumulate in the line, the manhole section shall be cleaned to remove the residual materials. 7. Records. Complete records shall be kept of joint and crack sealing performed in each manhole section. The records shall identify the manhole section in which the sealing was done, the location of each joint or crack sealed, and the joint sealing verification results. I I Li I 443-2 1 I hl .Fri • I I I I I I TECHNICAL SPECIFICATIONS POINT REPAIRS The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, bypass pumping, and incidentals necessary to repair existing sewer line segments and appurtenances. The work shall include every item of construction necessary for a complete and acceptable repair as shown on the Plans and hereinafter specified. The work set out under this rehabilitation method generally includes replacing of the section of sewer main line up to 25 linear feet, including disconnecting and reconnecting the existing service lines. Point repairs shall be at the locations as shown on the Plans. B. MATERIALS 1. Granular Base Trench Backfill. Granular base trench backfill (where required) shall be aggregate base course, Class 6, as specified in Section 303 of the Arkansas State Highway Department Standard Specifications, latest edition. i2. Sewer Pipe and Appurtenances. All sewer pipe, fittings, Joints, lubricant, bedding and backfill shall be in conformance to the Pipe Specifications, depending upon the type of pipe used. 3. Concrete. Concrete for pavement repair shall be as specified elsewhere in these • i Specifications. C. EXECUTION Methods for performing point repairs as specified in paragraph A above are set out as follow: 1. Replace Section of Sewer Main Line uo to 25 Linear Feet a. Flow Control and Bypass Pumping. All flow control and bypass pumping as necessary shall be provided by the Contractor. All bypass pumping required during construction shall be in accordance with Section 447 of these Specifications. There is no separate pay item for bypass pumping, and bypass pumping shall be considered subsidiary to the rehabilitation method employed. b. Surface Removal. Surface removal shall be in accordance with Section 401 of these Specifications. There is no separate pay item for the removal of existing cover or excavation, and any such removal or I 444-1 X444 I Point Repairs excavation shall be considered subsidiary to the rehabilitation method employed. c. Trench Preparation. All trench preparation, backfill and construction shalt be made in accordance with the details on the Plans and Pipe Specifications, depending upon the type of pipe used. d. Pipe Replacement. The Contractor shall be responsible for removing the existing pipe and installing new pipe at the locations shown on the Plans. I The material of new pipe shall be ductile iron where replacement is required under the driving surfaces and sidewalks, and PVC in other locations. The new pipe shall be installed as shown on the details and as specified in these Specifications. 1) Pipe to Pipe Connections. Where the line section to be replaced does not begin or terminate at manholes, a flexible coupling as manufactured by Fernco, or equal, shall be used to joint the ends of the newly -constructed line section to the existing sewer line as shown on the detail. All pipe couplings shall be installed in accordance with the manufacturer's recommendations and as shown on the details. I 2) Connections to Existing Manholes. Where the line section to be replaced begins or terminates at manholes, the Contractor shall cut the first existing pipe joint at the manhole back to a point so the remainder of the pipe is fit and usable as determined by the Engineer. Then, a flexible coupling, as manufactured by Femco, or equal, shall be used to joint the ends of the newly -constructed line section to the existing pipe stub as shown on the detail. All pipe couplings shall be installed in accordance with the manufacturer's , recommendations and as shown on the details. If the pipe between the manhole wall and the first pipe joint is determined by the Engineer to be totally unusable, or it is impractical to use the above specified method due to a close proximity of the first joint to the manhole wall, the Contractor shall make a tie to the existing manhole by drilling, chipping or jack -hammering an opening of sufficient diameter for the Installation of the new pipe in the existing manhole wall. The new pipe shall be installed at the same invert elevation as the existing pipe. A manhole waterstop as specified elsewhere in these Specifications shall be placed on the pipe prior to installation. After the pipe is installed, the manhole -to - pipe connection shall be repaired using a non -shrink grout. The repair shall be watertight. Any damage to the manhole caused during the connection construction shall be repaired by the Contractor at his expense. I e. Sewer Service Reconnections. Existing service lines disturbed or broken during the construction of the new sanitary sewer line sections shall be ' 444-2 1 4� Point Repairs reconnected to the newly -constructed sewer line. The City will help the Contractor to locate service lines required to be reconnected. The Contractor shall notify the City at least three days in advance of beginning work on the proposed line segment. During construction, sewer service tees or wyes shall be placed on the downstream side of the existing sewer service line to make the service connection as shown on the Plans and hereinafter specified. Tapping the newly -constructed sewer line will no be allowed unless under specific direction of the Engineer. I The sewer service lines shall be reconnected as shown on the Plans, according to the type of main pipe line, and size and type of service line. All new service lines Installed shall have a minimum diameter of 4 Inches. If the existing service line has a. diameter larger than 4 inches, the new service line shall have a diameter equal to that of the existing service line. The Contractor shall be responsible for providing all couplings and fittings necessary for transition from one pipe type or size to another type or size of pipe. I All couplings shall be manufactured by Femco, or equal. All couplings shall be installed in accordance with the manufacturer's recommendations. If. Driving Surface. Sidewalk, and Curb and Gutter Repair. After the proposed rehabilitation has been completed, all paved and unpaved driving surfaces, driveways, parking lots, sidewalks, and curb and gutter shall be repaired as set out in Section 495 of these Specifications. Payment for the different types of surface repairs shall be made to the Contractor as set out In the Methods of Measurement and Payment except that damage to any �«. :. .. .... : .. • i : i• - . i - - . r.• • : .: i -I L• it.: • • i Specifications. There is no separate pay Item for cleanup and this work shall be considered subsidiary to the rehabilitation method employed. I I I I 1 444-3 L 41 . �1 J I I I I I I I I I I L I I I I TECHNICAL SPECIFICATIONS REPLACEMENT OF LINE SEGMENTS A. GENERAL The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, bypass pumping, supplies and Incidentals necessary for replacement of sewer line segments as shown on the Plans and hereinafter specified. The Contractor shall notify the City of Fayetteville, Arkansas, and all sewered customers affected by the construction, three days in advance of beginning work on the proposed line segment. B. MATERIALS Sewer Pipe. The Contractor shall furnish and install either ductile Iron or polyvinyl chloride (PVC) sewer pipe as shown on the Plans. The pipe shall be manufactured, furnished, installed and tested in accordance with the following sections of these Specifications: PVC Ductile Iron 419 420 2. Bedding Material. Bedding material• .for sewer pipe shall conform with requirements for "Pipe Bedding Material* as specified elsewhere in these Specifications. There is. no separate pay item for bedding material and this Item shall be considered subsidiary to sewer pipe. 3. Crushed Stone Base Trench Backfill. Crushed stone base trench backfill (where required) shall be aggregate base course, Class 6, as specified in Section 303 of the Arkansas State Highway Department Standard Specifications, latest edition. Nom: This item shall be paid for at the unit price bid and as set out. In the Methods of Measurement and Payment. C. EXECUTION Flow Control and Bypass Pumping. All flow control and bypass pumping as necessary shall be provided by the Contractor. All bypass pumping required during construction shall be in accordance with Section 447 of these Specifications. There is no separate pay item for bypass pumping, and bypass pumping shall be considered subsidiary to the sewer pipe. 2. Surface Removal. Surface removal shall be in accordance with Section 401 of these Specifications. There is no separate pay item for the removal of existing I 445-1 Section 445 , Replacement of Une Segments cover or excavation, and any such removal or excavation shall be considered subsidiary to the rehabilitation method employed. 3. Trench Preparation. All trench preparation and construction shall be made in accordance with the details on the Plans and the Pipe Specifications, depending , upon the type of pipe used. 4. Line Segment Replacement. The location and grade of sewer line segments to be replaced are shown on the Plans. It is the intent of these Specifications that the new sewer fine segment shall be laid In the same trench and along the same alignment as the existing sewer line unless otherwise shown on the Plans or directed by the Engineer. The Contractor shall be responsible for disconnecting existing service connections, removing and replacing the existing sewer line, reconnecting the existing service lines, and backfilling the sewer line, all within one calendar day for each line segment shown on the Plans. ' 5. Special Connections to Existing Manholes and Existing Sewers. Where manholes are to be constructed over or at the end of the newly -constructed sewers, such connections shall be made In accordance with the Pipe Specifications, depending upon the type of pipe used. Where an entire line segment is to be replaced between existing manholes, and no new manhole construction is indicated on the Plans, the connections to existing manholes or sewers shall be made in conformance with the following Specifications. All work shall be In a workmanlike manner so as not to damage any other structures involved. 1 a. Connection of Newly -Constructed Sewer Lines to Existing Manholes. If existing sewer line segment to be replaced is 8 inches in diameter or larger, connections of newly -constructed sewer lines to existing manholes shall be made at the first pipe joint outside the manhole wall, and shall be dependent upon the condition of that joint. After excavation, if the joint is determined by the Engineer to be sound and usable, the existing bell -end gasket shall be removed from the pipe and disposed of by the Contractor. The pipe shall be thoroughly cleaned inside for a distance of one foot up the existing sewer line and a new pipe gasket of the appropriate diameter installed. The new sewer pipe shall then be installed according to the line and grade as shown on the Plans and in accordance with the Pipe Specifications, depending upon the type of pipe used. If the first pipe joint outside the manhole wall is determined by the Engineer to be partially usable or has an incompatible outside pipe diameter to join to new pipe, the Contractor shall use proper couplings to connect newly - constructed sewer lines to existing manholes, as follows. I 445-2 1 section 445 Replacement of Line Segments Use of Cou Dings. The Contractor may, use the proper straight, transition, 1 or other coupling of the appropriate diameter(s) to connect the existing sewer line to the newly -constructed sewer line, If the existing sewer pipe and the manhole Is sound and free from defects. The Contractor will be required to cut the existing pipe joint back to a point so the remainder of the pipe Is fit and usable. All couplings shall be made specifically for the type of pipe connection being made, and shall be Femco pipe connectors, or equal. All couplings or connectors shall be installed in accordance with the manufacturer's recommendations and as shown on the details. If the existing pipe and the first pipe joint outside the manhole wall is determined by the Engineer to be totally unusable, a connection through Ithe manhole wall shall be made as set out below. Connections through Manhole Walls. If couplings are not used, the I Contractor shall make a tie to the existing manhole by drilling, chipping or jack -hammering a hole of sufficient diameter for the installation of the sewer pipe in the existing manhole wall. Unless otherwise shown on the Plans, I. the sewer pipe shall be installed at the same invert elevation as the existing pipe. A manhole waterstop as specified elsewhere in these Specifications shall be placed on the pipe prior to Installation. After the pipe is Installed, the manhole -to -pipe connection shall be repaired using a non -shrink grout. The repair shall be watertight. Any damage to the manhole caused during the connection construction shall be repaired by the Contractor at his Iexpense. I kJ Y• :. - lIti . :. :.. 'tI''ffhiW'M4hh1 :jlrl,usnlf:1.,rfl• !mil• •• • • : • . A •• • : - : • • • 1 : • - • - •• - 1 : • : • - is .: -:�•�� y •� • - rc - • ti •:• • • • • the construction of the new sanitary sewer lines shall be reconnected to the newly - constructed sewer line. The City will help the Contractor to identify service lines required to be reconnected. The Contractor shall notify the City at least three days In advance of beginning work on the proposed line segment. During construction, sewer service ties or wyes shall be placed on the downstream side of the existing sewer service line to make the service connection 445-3 Section 445 ' Replacement of Line Segments as shown on the Plans and hereinafter specified. Tapping the newly -constructed sewer line will not be allowed unless under the specific direction of the Engineer. All new service lines installed shall have a minimum diameter of 4 inches. If the existing service line has a diameter larger than 4 inches, the new service line shall have a diameter equal to that of the existing service line. The Contractor shall be responsible for providing all couplings and fittings necessary for transition from one pipe type or size to another type or size of pipe. All couplings shall be made specifically for the type of pipe connection being made, and shall be Fernco pipe connector, or equal. All couplings or connector shall be installed in accordance with the manufacturer's recommendations and as shown on the details. 7. Driving Surface. Sidewalk. and Curb and Gutter Repair. After the proposed , rehabilitation has been completed, all paved and unpaved driving surfaces, driveways, parking lots, sidewalks, and curb and gutter shall be repaired as set out in Section 495 of these Specifications. Payment for the different types of I surface repairs shall be made to the Contractor as set out in the Methods of Measurement and Payment, except that damage to any groundcover, driving surface, sidewalk, or curb and gutter outside the limits of construction shall be considered non -essential, and the Contractor shalt be responsible for repairing any damaged areas at his own expense. 8. I nu . After the proposed rehabilitation has been completed, the Contractor shall clean up the area in accordance with Section 489 of these Specifications. There is no separate pay item for cleanup and this work shall be considered subsidiary to the rehabilitation method employed. The Contractor is required to complete cleanup on each individual line segment within seven calendar days. 9. Testing. Replaced line segments shall be tested as specified elsewhere in these 1 Specifications. 10. Payment for Line Segment Replacement. Sewer lines will be included on partial I payment estimates only when every item of work required to construct each Individual sewer line segment has been completed, including reconnection of existing services, trench backfill, cleanup, topsoiling, fertilizing, seeding and mulching. (Seeding, fertilizing and mulching shall only be done between the months of March through October.) When seeding, fertilizing and mulching cannot be completed (during the months of November through February), an additional 10 percent retainage on work under these bid items shall be withheld until completion. ' 11. Special Requirements. The line segment between Manholes 2125 and 2/24 is located in front of Jefferson Elementary School. Replacement of this line segment is required to be performed during the hours when school is not in session. No trench excavation is permitted in that length in which sewer line installation may not be reasonably completed during the one non -school' working day. , 445-4 1 Secfbn 447 Bypass Pumping TECHNICAL SPECIFICATIONS BYPASS PUMPING A. GENERAL The work to be Included under this section of the Specifications shall consist of furnishing all pumps, conduits, labor, supervision, equipment, appliances, and materials necessary to perform all operations In connection with bypass pumping of sewage flows, to divert the flow of sewage around the line section(s), or manholes in which work or testing is to be performed. There Is no separate pay item for bypass pumping. All bypass pumping ' shall be considered subsidiary to the unit price bid for the rehabilitation method employed. B. PUMPING CAPACITY The bypass system shall be of sufficient capacity to handle existing flows plus additional ' flow that may occur during periods of a rainstorm. The Contractor will be responsible for furnishing the necessary labor and supervision to set up and operate the pumping and bypassing system. All engines shall be equipped In a manner to keep the pump noise 1 to a minimum. C. BYPASS PUMPING On all line segments where parallel line segment construction Is not indicated, It shall be the responsibility of the Contractor to provide bypass pumping of raw sewage from one L manhole to another manhole in order to eliminate flow through a section of sewer pipe and to prevent backup and overflow of sewage. The Contractor shall be responsible for plugging off and pumping down the sewer lines in the designated areas, and to correct Iany problems which may arise as a result of the pumping operations. The sewer line shall be pumped down from an upstream manhole to a downstream manhole using trailer -mounted pumps of sufficient size and capacity as set out In paragraph B above. Such pumping operations shall continue until such time as the sewer line replacement is successfully completed, the new sewer line air tested, and all service lines reconnected. D. FLOW CONTROL PRECAUTIONS Whenever flows in a sewer line are blocked, plugged or bypassed, it shall be the responsibility of the Contractor to take sufficient precautions to protect the sewer lines I. from damage that might be inflicted by excessive sewer surcharging. Further, precautions must be taken to ensure that sewer flow control operations do not cause flooding or damage to public or private property being served by the sewers involved. IThe Contractor shall be responsible for repair of any private residences, public buildings or other structures which are flooded or otherwise damaged during sewer line or manhole replacement or repair. 447-1 section 448 Menthols Rehabilitation TECHNICAL SPECIFICATIONS MANHOLE REHABILITATION A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, bypass pumping, and incidentals necessary to repair existing manholes. The work shall include every item of construction necessary for a complete and acceptable repair as shown on the Plans and hereinafter specified. Manhole rehabilitation shall include such repairs as are generally set out in Table 1 below, and hereinafter specified. Also listed in Table 1 is the related rehabilitation code as referenced on the Plans and in these Specifications. TABLE 1 ' Rehabilitation Rehabilitation Method Code Repair Manhole/Main Line Connection 7 Raise Manhole Frame and Lid In Easement 9 Raise Manhole Frame and Lid to Street Grade 10 Replace Existing Manhole Frame & Lid with New 11 Remove Existing Manhole and Construct New Manhole 12 The manholes upon which rehabilitation work Is required are set out in tabular form in Table 2 at the end of this section of the Specifications. I B. MATERIALS 1. Concrete. Concrete shall be as specified elsewhere In these Specifications. 2. Mortar and Grout. Mortar or grout shall be mixed In the proportion of one part of Portland cement and two parts mortar sand as defined below. a. Portland Cement. Portland cement shall conform to the requirements of ASTM C150-80, Standard Specification for Portland Cement," Type I. 1 Only one brand and manufacturer of cement shall be used on the contract except by written permission of the Engineer. The Contractor may use, subject to the approval of the Engineer, Type Ill, a high early strength Portland cement. When a type of cement not specified is permitted by the Engineer, any additional cost shall be assumed by the Contractor. i 1 448-1 448 1 Manhole Rehabilitation b. Mortar Sand. Mortar sand when specified shall conform to the quality requirements for fine aggregate for concrete as specified herein except that the gradation shall be as follows: Percentage by Weight Passing No. 8 Sieve 100% Passing No. 50 Sieve 15-40% ' Passing No. 100 Sieve 0-10% The mixture shall be dry -mixed until it has a uniform color, after which ' water shall be added or the mixing continues until the mortar has a consistency such that it can be easily handled and spread with a trowel. Mortar or grout that has not been used within 30 minutes after water has been added shall not be used. 3. Manhole Frames and Lids. All new manhole frames and lids, where required, shall be as specified in Section 482 of these Specifications. C. EXECUTION Methods for performing each of the rehabilitation methods contained in paragraph A ' above are set out as follows. 1. General Construction I a. Flow Control and Bvoass Pumping. All flow control and bypass pumping as necessary shall be provided by the Contractor. All bypass pumping required during construction shall be in accordance with Section 447 of these Specifications. There Is no separate pay item for bypass pumping, and bypass pumping shall be considered subsidiary to the manhole rehabilitation method employed. b. Surface Removal. Surface removal shall be in accordance with I Section 401 of these Specications. There Is no separate pay item for the removal of existing cover or excavation, and any such removal or excavation shall be considered subsidiary to the rehabilitation method employed. c. Driving Surface. Sidewalk, and Curb and Gutter Repair. After the proposed I manhole rehabilitation has been completed, all paved and unpaved driving surfaces, driveways, parking lots, sidewalks, and curb and gutter shall be repaired as set out in Section 495 of these Specifications. Payment for the different types of surface repairs shall be made to the Contractor as set out in the Methods of Measurement and Payment exce t that damage to any surface, driving surface, sidewalk or curb and gutter outside the limits of construction shall be considered non -essential, and the Contractor shall be responsible for repairing any damaged areas at his own expense. ' 448-2 1 ' section 448 Manhole Rehabilitation d. QiQarnaQ. After the proposed manhole rehabilitation has been completed, the Contractor shall clean up the area in accordance with Section 489 of these Specifications. There is no separate pay item for cleanup and this work shall be considered subsidiary to the manhole rehabilitation method employed. 2. Repair Manhole/Main Line Connection (Rehabilitation Code 7). The work set out under this rehabilitation method generally includes repair of the annular space around incoming sewer main line at the east side of manhole no. 169. ' Material for repair shall be "Strong Plug' rapid set cementitious mix as manufactured by Strong -Cite Products Corporation, or equal, and shall have the following minimum requirements: a. Compressive Strength (ASTM C-5798) ' 600 psi 1 hour 1,000 psi 24 hours b. Bond (ASTM C-321) '• 80 psi 1 hour 80 psi 24 hours Strong Plug shall be hand -mixed in accordance with the manufacturer's directions in such quantities that placement can be made In five (5) minutes. The area to be repaired must be free of all debris, loose brick, mortar or concrete. Strong Plug mix shall be placed by hand using repetitive applications of small amounts which shall be held in place with maximum hand pressure until stiffening takes place. 3. Raising Manholes (Rehabilitation Codes 9 and 10). The work set out under this rehabilitation method generally Includes removing the existing manhole frame and cover and raising the manhole with concrete to the grade as shown on the detail. a. Removalof Existing Frame and Lid. The manhole frame and lid shall be removed from the cone. Existing manhole frames and lids designated to be replaced with new frames and lids shall become the property of the Contractor. Any damage to the existing frame and lid required to be reset or to the manhole during the removal of the frame and lid shall be repaired at the expense of the Contractor. b. Raising the Manhole. The top of the manhole shall be thoroughly cleaned of any loose mortar, mud, dirt, or other debris. Concrete shall be formed on the top of the brick wall to reach the desired elevation, as shown on the details. The Contractor shall be responsible to protect concrete from cracking during the curing process and from freezing temperatures. The ' 448-3 Section 448 1 Manhole Rehabilitation Engineer shall, at his discretion, prohibit pouring concrete during periods of extreme cold or inclement weather. c. Reclacing the Frame and Lid - Manhole In Street. The Contractor shall furnish and install a new manhole frame and lid as specified in Section 482. The manhole frame shall be cast Into concrete formed on top of the existing manhole wall. The rim of the new manhole frame and lid shall be 1/2 Inch above existing pavement grade. d. Replacing the Frame and Lid - Manhole in Easement. After the curing process has been completed, the top of the manhole shall be thoroughly , cleaned and a 3/8 inch layer of grout shall be applied to accept the manhole frame. The new or existing manhole frame, as required, shall be centered over the top of the manhole and firmly seated in the grout. Additional grout shall be applied over the outside of the casting flange. Manholes requiring furnishing and installing new manhole frame and lid are indicated on the Plans with Rehabilitation Code 11. e. Backfilling. The excavated area shall be backfilled according to the existing ground conditions in accordance with Section 461 of these Specifications. 4. ReolacingExisting Manhole Frame and Lid with New (Rehabilitation Code 11). At the locations shown on the Plans, the existing manhole frame and lid shall be I replaced with the new manhole frame and lid in accordance with the rehabilitation method specified in paragraph C.3 of these Specifications. New manhole frames and lids shall be as specified in Section 482 of these Specifications. 5. Removing of Existing Manhole and Constructing New Manhole (Rehabilitation Qode 12). The work set out under this rehabilitation method generally includes excavating and completely removing the existing manhole and base, and constructing a new cast -in -place manhole and base. The existing manhole and manhole base shall be completely removed, hauled I from the site and disposed of by the Contractor. Any damage to the existing sewer line shall be repaired or replaced at the Contractor's expense. After the manhole has been removed, a new manhole shall be constructed over the existing sewer lines in conformance with the standard detail and Section 482 of these Specifications. I I I I 448-4 1 ' Section 448 Manhole Rehabilitation ' mzianu•w® TABLE 2 I i 1 PXY MANHOLE No. MANHOLE LOCATION REHABILITATION AND CODE METHOD No. w Z J a p = z Q V O J atf g W 4 x y 0 Z 2 J ep w x ¢u. N Z J o J z w o ¢ = i i Z Z D ¢ 00 7 9 10 11 12 6 11 11 A 12A 14 28 37 52 59 Church Ave. South St & East Ave. East St. ( Yard ) 4th St ( Yard ) Block St ( Easement ) 4th St. ( Back Yard ) Rock St. Washington Ave. Willow Ave. x x x X X x x X X J I I I I TECHNICAL SPECIFICATIONS MUNICIPAL MAIN LINE TAP AND SERVICE LINE REPAIRS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, bypass pumping, and incidentals necessary to repair existing sewer main line taps, municipal service lines and appurtenances. The work shall include every item of construction necessary for a complete and acceptable repair as shown on the Plans and hereinafter specified. The rehabilitation methods specified herein shall include the following: 1. Repair main line tap. ' 2. Replace section of municipal service line. I I 3. Repair manhole/municipal service line connection. 4. Plug service lateral. B. MATERIALS I 2. Sewer Pipe and Appurtenances. All sewer pipe, fittings, joints, lubricant, bedding and backfill shall be in conformance to the Pipe Specifications, depending upon the type of pipe used. ' C. EXECUTION Methods for performing each of the rehabilitation procedures specified in paragraph A above are set out as follows. I1. General Construction a. Flow Control and Bmass Pumping. All flow control and bypass pumping ' as necessary shall be provided by the Contractor. All bypass pumping required during construction shall be in accordance with Section 447 of these Specifications. There is no separate pay item for bypass pumping, ' and bypass pumping shall be considered subsidiary to the rehabilitation method employed. ' 449-1 Section 449 I Service Line Repairs b. Surface Removal. Surface removal shall be In accordance with Section 401 of these Specifications. There is no separate pay Item for the removal of existing cover or excavation, and any such removal or excavation shall be considered subsidiary to the rehabilitation method employed. c. Trench Preparation. All trench preparation and construction shall be made In accordance with the details on the Plans and Pipe Specifications, depending upon the type of pipe used. d. Driving Surface. Sidewalk. and Curb and Gutter Repair. After the proposed manhole rehabilitation has been completed, all paved and unpaved driving surfaces, driveways, parking lots, sidewalks, and curb and gutter shall be repaired as set out in Section 495 of these Specifications. Payment for the different types of surface repairs shall be made to the Contractor as set out ■ In the Methods of Measurement and Payment that damage to any ■ groundcover, driving surface, sidewalk or curb and gutter outside the limits of construction shall be considered non -essential, and the Contractor shall be responsible for repairing any damaged areas at his own expense. e. CleanuD. After the repair has been completed, the Contractor shall clean up the area In accordance with Section 489 of these Specifications. There is no separate pay item for cleanup, and this work shall be considered subsidiary to the rehabilitation method employed. I 2. Repair Main Line Tap. Cut and remove existing main line tap as shown on the Plans and details. Install new factory -made wye or tee using proper connecting couplings as manufactured by Fernco, or equal, and make new service connection as shown on the detail. Size of new main line tap and service line shall match existing. The Contractor shall be responsible for providing all couplings and fittings necessary for transition from one pipe type or size to another type or size of pipe. All pipe couplings or connectors shall be installed in accordance with the manufacturer's recommendations. 3. Replace Section of Municipal Service Line. It is the intent of these Specifications that the new service line section be laid in the same trench and along the same alignment as the existing service line unless otherwise shown on the Plans or directed by the Engineer. To joint the ends of the newly -constructed service line section to the existing service line, proper transition or other couplings as manufactured by Fernco, Inc., or equal, shall be used. All new service lines shall match the size of existing service fines and material as shown on the details. 4. Repair Manhole/Municipal Service Line Connection. This type of repair shall generally include excavating the defective service line Immediately adjacent to the manhole, and making a watertight repair by replacing 10 linear feet of existing municipal service line with new pipe as shown on the detail and specified herein. The connection of the newly -constructed service line to existing manhole shall be made by cutting the first existing pipe joint outside the manhole back to a point so I 449-2 ' ' Section 449 Service Line Repairs the remainder of the pipe is fit and usable as determined by the Engineer. A flexible coupling as manufactured by Fernco, or equal, shall be used to connect newly -constructed service line to existing service line stub at the manhole as shown on the detail. All couplings shall be installed in accordance with the manufacturer's recommendations. If the existing service line immediately outside the manhole wall and is determined by the Engineer to be totally unusable, a connection through the manhole wall ' shall be made as set out below. The Contractor shall make a tie to existing manhole by drilling, chipping or Jack- ' hammering a hole of sufficient diameter for installation of the service line in the existing manhole wall. Unless otherwise shown on the Plans, the service line shall be installed at the same invert elevation as the existing pipe. A manhole ' waterstop as specified in the Pipe Section of these Specifications, depending upon the type of pipe used, shall be placed on the pipe prior to installation. After the pipe is Installed, the manhole -to -pipe connection shall be repaired using a non- ' shrink grout. The repair shall be watertight. Any damage to the manhole caused during the connection construction shall be repaired by the Contractor at his expense. ' At the locations where installation of the manhole liner is required in addition to the manhole/municipal service line repair, the Contractor shall perform the ' manhole/service line repair prior to the installation of the manhole liner. 5. Plug Service Lateral. The Contractor shall plug the existing service lateral at the ' locations shown on the Plans. The service lateral shall be thoroughly cleaned at the manhole wall for a distance of 12 inches up the line. A watertight concrete plug shall then be poured in the service line for a distance of 6 inches, as shown on the detail. P L I I 1 449-3 ' SWIM 461 BaddilWp TECHNICAL SPECIFICATIONS ' PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL A. GENERAL The work to be included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, tools, supplies and incidentals necessary for backfilling areas excavated during the construction of manholes, sewer lines, fittings, and other appurtenances. The work shall include every item of construction necessary for a tcomplete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS ' Crushed Stone Backfill. Crushed stone backfill (where shown on the Plans, specified or directed by the Engineer) shall be aggregate base course, Class 6, as defined In Section 303 of the 1991 Edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. ' C. CONSTRUCTION ' Areas excavated for the construction of manholes, sewer lines, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled In accordance with these Specifications. ' 1. Pipe Protection Cover. Pipe protection cover to a depth of 12 Inches above the top of the pipe shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be completely free of rock larger than 2 inches, the trench may be machine backfilled. Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option and his expense, use crushed limestone (aggregate base course, Class 6) to a depth of 6 Inches above the top of the pipe. The trench may then be backfilled as outlined below. ' Where sewer line construction is within the limits of a driving surface or sidewalk, the pipe protection cover shall consist of crushed stone backfill as defined above. 2. Balling and Compaction. After the pipe protection cover has been placed, the trench excavated in easements shall be backfilled with excavated material free ' from rock larger than 12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Where sewer line construction is within the limits of a driving surface or a sidewalk, the trench shall be backfilled with crushed stone as defined above. I I 461-1 Section 461 Extra care shall be exercised around manholes to assure that the backfill material Is placed evenly around the perimeter of the manhole. a. Compaction in Easements. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. All trench backfill (except under paved areas) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. The density of backfill material, including crushed stone trench backfill, shall be determined at locations selected by the Engineer at no less than 500 foot intervals. Two additional tests will be made for each test failure ' at approximately 100 feet either side of failing test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved will be tested at various depths below grade. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. The cost for performing all density tests shall be borne by the Contractor. I The test shall be performed by a qualified soils laboratory technician approved by the Engineer. The equipment procedures shall also be ' approved by the Engineer. b. Compaction in Streets. Crushed stone trench backfill shall be compacted as specified in Section 491 of these Specifications. c. Lawns. Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material as specified in paragraph a above. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, then the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to ensure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. , d. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfifling in these areas is identical to that specified in paragraph c above, exce that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. It the Contractor is required to haul in additional material, he shall haul in good 461-2 1 Section 461 Baddg grade topsoil (free of roots, weeds, day and rocks, and from a source approved by the Engineer) and shall do so without additional cost to the Owner. e. Steep. Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to ensure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. 3. Clete. Cleanup shall be as specified elsewhere In these Specifications. 1 1 1 1 461-3 I Li C' 11 F II I I I I I I I TECHNICAL SPECIFICATIONS CAST -IN -PLACE MANHOLES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and Incidentals necessary for the construction of standard and drop cast -in -place manholes. The work shall Include every Item of construction necessary for a complete and acceptable Installation of 4 foot diameter manholes as shown on the Plans and hereinafter specified. Precast, brick, masonry, or vitrified day radial block manholes will not be accepted for use on this project. B. MATERIALS 2. Mortar and Grout. Mortar or grout used in the construction of manholes shall be mixed In the proportion of one part of Portland cement and two parts mortar sand as defined In Section 448 of these Specifications. The mixture shall be dry -mixed until It has a uniform color, after which water shall be added and the mixing continued until the mortar has a consistency such that it can be easily handled and spread with a trowel. Mortar or grout that has not been used within 30 minutes after water has been added shall not be used. 3. Manhole Frames and Lids. All castings for manhole frames, covers and other purposes must be of Class 30 cast Iron, conforming to ASTM A48, free from cracks, holes, swells and cold shuts, shall be of workmanlike finish, and shall conform to the Plans. All mating surfaces shall be machined fit. The quality shall be such that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection. Manhole lids shall be of solid construction without any openings of any type. ' Manhole lids shall have non -penetrating type pick slot. I All manhole frames and lids shall be part number V-1348 as manufactured by Vulcan Foundry, Inc., or equal. 4. Waterstop Gasket. Waterstop gasket shall be as specified in the Pipe Section of I these Specifications, depending upon the type of pipe used. I I C. EXECUTION 1. Excavation for Manholes. Excavation for manholes will be made of such dimension and depth as to allow the construction of the manhole as shown on the 482-1 Plans. No extra payment shall be made for manhole excavation, and all surface removal shall be as specified elsewhere in these Specifications. Base. The concrete base shall have a minimum thickness of 12 inches and shall be poured on undisturbed earth. The base shall be poured so that the top of the base outside the barrel is a minimum of one -hall of the inside diameter above the invert of all pipes entering the manhole. The base shall have a minimum diameter of 2 feet 0 inches greater than the outside diameter of the finished manhole barrel. Prior to pouring the base, any water in the excavation shall be removed, and the base poured in the dry. Connections to Manholes. Pipe connections to manholes are a constant source of potential trouble. In order to ensure that pipe will not break immediately adjacent to the manhole, care shall be taken that excavation for the manhole bottom is limited to the area to be filled with concrete. The Contractor shall support pipe entering the manhole ALL OF THE WAY to solid bedding by backfilling under the pipe and up to mid-springline with concrete. A waterstop gasket shall be installed around the pipe and cast in the concrete wall as shown on the Plans and as specified in the Pipe Section of these Specifications, depending upon the type of pipe used. Invert. The invert of the manhole shall be hand -placed and shaped using concrete as specified. The base and barrel of the manhole shall be cleaned thoroughly prior to placement of the invert. The invert shall be shaped and smoothed so that the manhole will be self-cleaning and free of areas where solids may be deposited as sewage flows through the manhole. The entire diameter of each pipe entering the manhole barrel shall be cut smooth with the inside edge of the manhole barrel and the invert shaped throughout from all inlet pipes to the outlet pipe. Manhole Barrels. The minimum thickness of manhole barrels shall be 8 inches. The barrel may be poured monolithically with the base, or the barrel forms may be set as soon as the concrete base has cured enough to support the forms. Prior to setting the forms in place, any water that may have accumulated in the excavated area shall be pumped out and the concrete base thoroughly cleaned, if required, of dirt and debris. All concrete shall be poured in the dry. Construction joints shall be provided with keyway as shown on the detail sheet of the Plans and shall have a 2 inch layer of grout applied to the previous pour immediately before the next wall lift is poured. The forms shall be removed after the initial set of the concrete so that holes be cut in the manhole barrel for the installation of pipes which are to ente manhole at points other than adjacent to the manhole base. After these 1 ' section 482 CIP Manholes have been put in place, the barrel shall be :repaired using a grout mixture. If ' honeycombing of the barrel is found to be present after removal of the forms, they shall be repaired as directed by the Engineer. ' 6. Manhole Steps. Manhole steps shall be 10 inches wide and shall be constructed of steel reinforced fiberglass. Manhole steps shall be Perma-Step Model 100-2 as manufactured by Utility Products, Inc., or equal. ' 7. Manhole Heights. Manholes are to be built to the existing ground surface unless otherwise noted on the Plans or directed by the Engineer. The precast manhole ' frames and covers shall be attached by being cast into the top of the manhole or by being grouted to completed manhole as directed by the Engineer. Details for the construction of manholes are shown on the standard detail sheet of the Plans. 8. Drop Manholes. Drop manholes, unless otherwise shown on the Plans, shall be constructed at all manholes where the difference in invert elevation between Incoming and outgoing sewer Is 2.5 feet or more. Drop manholes shall be ' constructed of the same material and dimensions as are standard manholes, the only difference being In the inlet arrangements as shown on the standard ' detail sheet. 9. Qjjrkg. Curing compounds or covers may be used at the option of the Contractor. However, it will be the responsibility of the Contractor to protect the concrete to ' prevent cracking during the curing process and to protect the manhole during freezing temperatures. The Engineer shall, at his discretion, prohibit pouring concrete during periods of extreme cold or inclement weather. ' 10. Backfillina. The manhole shall be backfilled evenly around its perimeter no less than 12 hours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the manhole. All backfilling shall be as specified elsewhere In these Specifications. I. _ . I - . J .. a 1(-.r1 be . . �:$r:I:'•c ♦. . O• . I . I . ... . . I . 1 • 1 • • • • -testing . _ •h• H rl All incoming and outgoing sewer lines shall be plugged and the manhole shall be filled with water to the bottom of the cover. If the water loss exceeds the maximum allowable as shown below, the manhole shall have failed the test. Depth of Manhole Maximum Allowable Water Los 0-8 feet 1 inch over 5 minutes Over 8 feet 1 inch plus 1/8 inch per foot of depth exceeding 8 feet over 5 minutes I . rC.;Ykci i CIP Manholes All manholes which fail the test shall be repaired or a new manhole constructed at the expense of the Contractor. Manholes which fail the test shall be retested ' after remedial measures are completed. I I I H I n I I I I I I I I 482-4 1 r: I Li Li Li H C I I TECHNICAL SPECIFICATIONS CLEANUP AND SEEDING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, materials, supplies and incidentals necessary for completing cleanup of the entire work area utilized for the construction of pipeline work and for completing seeding, fertilizing and mulch of work areas except those areas shown on the Plans r� to be seeded. There is no separate pay item for cleanup and/or seeding, and this work shall be considered subsidiary to the unit price bid for the rehabilitation method employed. Seeding, fertilizing and mulching shall only be done between the months of March through October. When seeding, fertilizing and mulching cannot be completed (during the months of November through February), an additional 10 percent retainage on work under these bid items shall be withheld until completion. There are generally four classifications of cleanup to be used on this project, as set out below: Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanuq. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it Is not practical for the ' area to be cultivated. B. METHOD OF CLEANUP ' The method of cleanup for each of the classes defined in paragraph A above shall be as set out below. I1. Class I Cleanup - Lawns Gardens. Etc. The trench shall be backfilied in accordance with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand rake the ' entire construction area to remove all rock 1 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted by the Engineer, the area shall be seeded ' at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). I 1 489-1 Section ass Lawn Fescue 30% Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 10% During or after seeding is complete, all areas shall be covered with 10-20-10 ' fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded ' areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out ' in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the sewer line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type to complete the cleanup. 2. Class II Cleanup - Fields. Meadows. Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% After the area has been accepted by the Engineer, the area shall be seeded at 1 the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. I I 489-2 ' I t«: .I . I I C I H L I L I L I I I I II I Where the existing field grass is Bermuda, or. other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. ig:U •;;P .. ii 4 • ;1 ;t.. I I U • • : 43 ' .j•Lf . t .ilb.i. • 'Pi ' :JiJ:R] ¶c I '?- . • i': :j,,ii : :lj:spj ' 'I*.l' itt tujI,A.tu : ••• • • A' • • i1q g. Vi. :1k!. lit: • : • •T:Jit. T: 1 : : _ • I : I _ : • - _ _ • _ 1 - • _ • • : 1 • - - • • :vi j! • - •: • 1 •fiiA_ I h • : : • • Y: • : • 4. All Areas. All work within the construction area shall be cleaned up to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a dean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, Including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. 5. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. I I I I I I I I I I 11 I TECHNICAL SPECIFICATIONS CITY STREET REPAIR A. GENERAL labor,:. . .. - - .. . .: _ . _ . I . _ . YC • complete• : YY: • • J •shown• I ii:_• The Contractor shall notify the City of Fayetteville a minimum of three days prior to any sitting of any city streets. B. MATERIALS C. EXECUTION Areas excavated for replacement of sewer lines and other appurtenances within city street rights -of -way shall have pipe bedding material placed to the top of the pipe barrel, and shall be backfilled in accordance with these Specifications. 1 2. I I I I IL t'iiil• • • - -tiit.J • - , • ' • • - • : • • • • 1 - • 0 3. Barricades. Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, red lanterns, guards and flaggers as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the road. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all safety precautions set forth in the General Conditions is the sole responsibility of the Contractor. 4. Maintenance of Traffic. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may dose to through travel not more than two consecutive block including the cross street intersected. Where traffic 1 491-1 Section 491 ■ City Street Repair must cross open trenches, the Contractor shall provide suitable bridges at road intersections and driveways. The Contractor shall post suitable warning signs and necessary detour signs for a proper maintenance of traffic. 5. Piling Excavated Material for Reuse. All excavated material which is to be reused shall be piled in a manner that will not endanger the work and that will avoid ' obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed. 6. Removal of Excess Material. All excess excavated material shall be loaded in 1 trucks during the excavating operation, hauled from the job site and disposed of at the option of the Contractor. 7. QiQamJg. Cleanup of city street rights -of -way shall be as specified elsewhere In these Specifications. D. TESTING The cost of all testing shall be borne by the Contractor. The Contractor shall provide Proctor densities and in -place densities as follows for each driving surface repair: Granular Base. Proctor Densities .......... As required. In -Place Densities ......... 2 each per line segment. Should any test fail, the Contractor shall recompact the base, and additional density test(s) shall be performed until the base reaches the specified density. I 1 I I I 491-2 1 I I 11 I A. GENERAL TECHNICAL SPECIFICATIONS DRIVING SURFACE, SIDEWALK AND CURB AND GUTTER REPAIR ,. [StCthi!1Ai:j The work to be Included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces, curb and gutter,and sidewalks. This Specification Is Intended for any driving surface, paved or unpaved, including but not limited to streets, roads, driveways, and parking lots. All pavement repair shall be done by a professional paving contractor. ' This Specification does not apgly to state or interstate highways. or driving surfaces within railroad rights -of -way unless otherwise directed by the Engineer. B. MATERIALS I I C Li U I FTT I I I 1. Prime Coat. Prime coat material shall be Grade MC -30 as set forth In Section 403.03 on page 125 of the 1988 Edition of the Arkansas State Highway Department Standard Specifications. 2. Tack Coat. Tack Coat material shall be Grade SS -1, as set forth In Section 403.03 on page 125 of the 1988 Edition of the Arkansas State Highway Department Standard Specifications. 3. Hot -Mixed. Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 406, page 135 of the 1988 Edition of the Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. 7. Curb and Gutter Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2, or Type 3 in accordance with Section 501 of the 1988 Edition of the Arkansas State Highway Department Standard Specifications. 495-1 Section 495 , Driving Surface, Curb & Gutter Repair C. MATERIALS AND CONSTRUCTION The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the •Standard Specifications for Highway Construction, • Edition of 1988, published by the Arkansas State Highway and Transportation Commission. The page numbers given below refer to pages in these 'Standard Specifications for Highway Construction.' These Specifications are available for inspection In the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are ' set out below. Bituminous Pavement, Part 400 Pages , Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 . . . . . . . . . . . . . . . . . . . . . . . . . 117-120 Materials and Equipment for Prime Tack and Asphalt surface Treatments, Section 403 ................ 124-127 Asphaltic Concrete Hot -Mix Surface Course, Section 406 ...................................I 133-135 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 .. . . . . . . . . 140-151 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 . . . . . . . . . . 151-158 D. CONSTRUCTION I 1. Pavement Removal. PiDe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the pipe Specifications according to the type of pipe being installed. All pavements which have been removed or damaged shall be repaired in accordance with these Specifications and as shown on the Plans. No payment for repair will be made for pavements damaged outside the width of payment shown on the Plans. Any damage outside these pay limits shall be repaired in like manner at the Contractor's expense. 2. Pavement Repair. All pavements shall be repaired with 2 inches of asphalt 1 concrete hot -mix placed on the top of a 6 inch concrete slab (4 inch concrete slab for walkways) as shown on the detail and specified below. I The trench shall be backfilled as specified in Section 491 of these Specifications and brought to a grade 8 inches (6 inches for walkways) below the top of the 495-2 1 I I LI I I I I I I I I I I I I I I I Section 495 Drivlq surface, Curb & Gutter Repair existing pavement. The backfill material shall be placed in 12 inch lifts and compacted by the use of mechanical tamper. Prior to placing concrete, the top 6 inches of backfill material shall be recompacted to 95 percent modified Proctor density (ASTM D1557-78). Concrete shall then be poured Into the excavated area followed by 2 inches of asphalt to match the top of existing pavement. Tack coat shall be applied to concrete surface prior to placing asphalt at a rate of 0.10 gallon per square yard. !t RI • • • • - 1 • • • C • • • : • • •:':i I;'' I ° - t;i!I;'w ._ • _ - - • r. • - • 1:1:1j11 • - • - - - • _ 119 • : : • • • • - - - 1 the I • • • - - a j ftj:< . ' j:trt • .jJ: :I . {f�g; :d:; n 4P : I :IsIs t ____ All areas within the limits of the street overlay which show evidence of chuck holes, cracks, etc. shall be repaired and patched with an asphalt mixture. After the Contractor has completed all patching required, the surface shall be thoroughly cleaned and swept with power brooms. When the surface is distorted, construction of leveling courses or leveling wedges shall be required to restore proper line and cross section. Leveling wedges are patches of asphalt hot -mix used to level sags and depressions in existing old pavement prior to the overlay operation. b. Tack Coat. Prior to the placement of the asphaltic overlay a tack coat shall be applied to the existing pavement at the rate of 0.10 gallons per square yard. This Item shall be considered subsidiary to asphaltic concrete hot - mix surface course. c. Asphaltic Concrete Hot -Mix Surface Course. A layer of hot -mixed, hot -laid asphaltic concrete of the thickness as shown on the Plans or directed by the Engineer, shall be placed on the entire width of all street areas to be overlaid, as shown on the Plans. The asphalt shall be placed by a self- propelled asphalt laying machine equipped with an adjustable vibrating screed, and of such size as will permit the laying of one-half street width during each pass of the machine. Asphalt placement shall be in accordance with Section 495.C of these Specifications. Where possible the I 495-3 Section 495 1 Driving Surface, Curb & Gutter Repair entire width shall be overlaid with one pass, thereby eliminating the ' longitudinal joint. The finished bituminous course shall be compacted to not less than 92 percent of theoretical density. A mix design shall be submitted to the Engineer for approval prior to use of any materials. Approximately one nuclear densometer test per 300 linear feet of asphaltic 1 overlay shall be performed, but in no case shall less than two tests be conducted per overlay. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon passing nuclear densometer tests at locations directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor. Any unacceptable overlaid area shall be recompacted and retested at the , Contractor's expense. 5. Curb and Gutter Repair. Where replacement of curb and gutter is required, the curb and gutter shall be constructed on previously placed trench backfill material. Expansion joints shall be made at drop inlets (H required), radius points and at ' intervals not greater than 50 feet along the curb line. The joint shall not be less than 1/2 inch thick and shall be filled with pint filler neatly trimmed to match the cross section of the curb and gutter. Contraction joints shall be either formed or sawed at a spacing of not mare than 10 feet to a depth of 1-1/2 inches. Al joints shall be tilled with an approved joint filler and sealed. The concrete shall be placed on subgrade that has been watered down, and shall be vibrated and spaded until the mortar is evenly spread. The surface shall be finished smooth with rounded comers. The curing of the concrete shall be controlled and the concrete protected in accordance with the prevailing weather conditions at the time of the pour. Concrete will not be poured when the outside temperature is below 40° F within four hours after the last batch is poured. When the curb and gutter have cured, the Contractor will shape the area behind the curb to the existing finished grade. Extreme care shall be exercised to avoid damage to the curb and gutter during the backfill operation. Any such damage will be replaced at the Contractor's expense. 6. Sidewalk Repair. Where repair of a sidewalk is required, the sidewalk shall be placed on trench backfill material as previously specified. The concrete shall be placed on subgrade that has been watered down, and shall be vibrated and spaded until the mortar is evenly spread. The surface shall be finished smooth with rounded corners. The curing of the concrete shall be ' 495-4 1 ' Sectim 495 Driving Surface, Curb & Gutter Repair ' controlled and the concrete protected in accordance with the prevailing weather conditions at the time of the pour. Concrete will not be poured when the outside temperature Is below 40° F within four hours after the last batch Is poured. I L I I I 11 I I I I I I Nonreinforced Portland cement concrete sidewalks shall be constructed at the locations shown on the Plans. The sidewalks shall be constructed to the width as required to match the existing sidewalk. The thickness shall be a minimum of 4 Inches, and contraction joints shall be either formed or sawed at a spacing of not more than 5 feet 0 Inches. The finish shall be a light broom finish. 7. Barricades. Guards and Safety Provisions. To protect persons from Injury and to avoid property damage, adequate barricades, construction signs, torches, red lanterns and guards as required shall be placed and maintained during the progress of the construction work and until It Is safe for traffic to use the roadway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all safety precautions previously set forth In these Specifications Is the sole responsibility of the Contractor. 8. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs Indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the governing agency and notify the fire department, ambulance service, etc. prior to closing of any street. 9. Piling Excavated Material for Reuse. All excavated material which Is to be reused shall be piled in a manner thatwill not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. I 495-5 Section 495 ` DrMng Surface, Curb & Gutter Repair 10. Removal of Excess Material. All excess excavated material shall be loaded in I trucks during the excavating operation, hauled from the job site and disposed of at the option of the Contractor. 11. Qjjjjg. Cleanup of areas behind the curb and gutter and around sidewalks shall I be as specified elsewhere in these Specifications. I 11 I I 1 I I I I I I I U 495-6 1 I I I I I I I Concrete will be supplied by a ready -mix concrete company approved by the Engineer. Mix designs must be submitted to the Engineer for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it is batched. Batch tickets must have the batch time written on them. Concrete shall be poured during ' suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the Engineer. If the concrete meets the above requirements, the cost of the tests will be borne by the Owner. If the concrete does not meet the above requirements, the cost of the tests will be borne by the Contractor. Concrete shall not be poured with a slump of over 5 Inches. Concrete shall not be used after it has taken its Initial set. TECHNICAL SPECIFICATIONS CONCRETE A. GENERAL All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3,000 psi. Class A concrete shall be used for pouring manholes and other structures, concrete driveway repair, sidewalk, and curb and gutter repair. Class B concrete is defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 2,000 psi. Class B concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix plant by the concrete supplier. Where shown on the Plans, bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: I1. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement.' I 2. ASTM A 617-82a, "Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement.' I I I I All reinforcing bars shall be Grade 60 as defined in the above referenced standards, unless otherwise shown on the Plans. 503-1 I YI. I• I .. ) . I I I I I I I I I I I I I TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT A. GENERAL I ••- • fff • I: •: • I tLr:1• h• • I • I: • ♦• 1 • j• :• • I: •:• • I _ • I M: • I • • I • : _ 1 1 h• I • ] • : 1 • • • h:{ I • • J I • 11 •T_jJipiit r • • • : • : • : • • 1• : • I I Payment for sewer pipe shall be made at the unit price bid per linear foot for the various sizes of sewer pipe bid, complete in place, for sewer line segments scheduled to be replaced entirely or partially (over 25 linear feet). The unit price bid shall be full compensation for clearing, timber and brush disposal, stripping and stockpiling topsoil where required, excavation, bypass pumping, as required, trenching, shoring, dewatering, removal of all existing sewer lines in place, pipe bedding material, polyethylene encasement (for ductile iron pipe only), furnishing and laying pipe, connections to existing pipe or manholes, testing, backfill, protective cover as required, cleanup and seeding, and fertilizing and mulching in locations shown on the Plans, and every item of construction not specifically set out to be paid for under other items set out below. a. Payment for service line reconnections shall be made under Bid Item 8. b. Payment for crushed stone backfill used as trench backfill under driveways and pavements shall be made under Bid Item 18. c. Payment for concrete used for driving surface, sidewalk and curb and gutter repair shall be made under Bid Rem 19. d. Payment for asphalt concrete for pavement repair shall be made under Bid Item 20. Should any defective pipe be uncovered during the performance of rehabilitation under Rehabilitation Codes 3 and 4 (Bid Items 7 and 10), outside the limits of repair, payment for replacement of this defective pipe will be made under this item at the direction of the Engineer. I 1200-1 Section 1200 1 Methods of Payment Note: The Engineer may withhold payment for work not completed. The amounts which may be withhold shall be the estimated cost to complete the work, i.e., cleanup, seeding, fertilizing and mulching. Bid Items 5 and 6 - Extra Deoth Trench Payment for extra depth trench shall be made according to the unit price bid. The linear feet to be paid for under each item shall be determined by plotting the original earth's surface and the invert elevation of the sewer line as constructed. By using these plotting procedures, the Engineer will determine the final quantity to be paid for under each item based on the total surveyed length of the line measured by the Engineer, with no reduction for appurtenances. EXAMPLE: If the ditch measures 7 feet 6 inches, payment will be made under the 6 to 8 foot classification. If the ditch measures 8 feet 6 inches, payment will be made under ' the over 8 foot classification, and no payment will be made for the 6 to 8 foot classifcation. No payment for extra depth trench shall be made in connection with sewer service line reconnections and/or point repairs. Bid Item 7 - Point Repairs Payment for each point repair shall be made according to the unit price bid for , each point repair complete in place. The price bid shall be full compensation for clearing, timber and brush disposal, stripping and stockpiling topsoil where ' required, excavation and extra depth trench, bypass pumping, trenching, shoring, dewatering, removal of existing sewer pipe up to 25 linear feet, furnishing and laying new sewer pipe up to 25 linear feet, connections to existing pipe or manholes, pipe bedding material, furnishing and installing all required sleeves, I couplings and fittings, backfill, cleanup, seeding, fertilizing and mulching in locations shown on the Plans, and every item of construction not specifically set out to be paid for under other items set out below. ' a. Payment for service line reconnections shall be made under Bid Item 8. b. Payment for crushed stone backfill used as trench backfitl under driveways , and pavements shall be made under Bid Item 18. c. Payment for concrete used for driving surface and sidewalk repair shall be ' made under Bid Item 19. d. Payment for asphalt concrete for pavement repair shall be made under Bid Item 20. e. Should any defective pipe be uncovered outside the limits of the proposed I repair, additional payment for replacement of this pipe will be made under Bid Items 1 through 4. 1 I 1200-2 1 ' section 1200 Methods of Payment ' Bid Item 8 - Sewer Service Une Reconnections `Payment for sewer service line reconnections shall be made at the unit price bid per reconnection. The unit price shall include any necessary clearing, tree or ' brush disposal, stripping and stockpiling of topsoil, surface removal, trenching and extra depth trench, disconnecting and temporary plugging of existing service line connections, furnishing, installing and bedding the sewer service line, protective cover as required, providing and installing any straight or transition couplings, and every item of work required to reconnect the existing service line to sewer service wye. Additional compensation will be made only for those items of work specifically set out in the Bid. Bid Item 9 - Plug Service Lateral Payment for the plugging service lateral shall be made at the unit price bid for each service lateral plugged. The price bid shall be full compensation for cleaning the service line, furnishing and placing concrete, all excavation, backfill and cleanup as required for a complete, acceptable job. Bid Item 10 - Municipal Main Une Tap Repair Payment for the municipal main line tap repair shall be made at the unit price bid for each tap repair complete in place. The price bid shall be full compensation for clearing, timber and brush disposal, excavation and extra depth trench, bypass pumping, disconnecting and temporary plugging of existing service line connections, furnishing and installing all necessary pipe, fittings and couplings, Including bedding material, backfill, cleanup, seeding, fertilizing and mulching in locations shown on the Plans, and every item of construction not specifically set ' out to be paid for under other items set out below. Repair of main line tap at Station 0+48 between Manholes 2/18 and 2/17 also requires replacement of the service line to the limits shown on the Plans. The price bid for Item 10 shall include full compensation for excavation, backfill, furnishing and Installing all necessary pipe, fittings and couplings and every other item required for a complete Installation of service line and main line tap between ' Manholes 2/18 and 2/17 as shown on the Plans and specified. a. Payment for concrete used for driving surface and sidewalk repair shall be made under Bid Item 19. b. Payment for crushed stone backfill used as trench backfill under driveways ' and pavements shall be made under Bid Item 18. c. Payment for asphalt concrete for pavement repair shall be made under Bid 1 Item 20. I 1200-3 Section 1200 1 Methods of Payment d. Should any defective pipe be uncovered outside the limits of the proposed repair, additional payment for replacement of this pipe will be made under Bid Items I through 4. Bid Item 11 - Repair Manhole/Municipal Service Line Connection Payment for the manhole/municipal service line connection repair shall be made at the unit bid price for each municipal service line repair complete In place. The price bid shall be full compensation for clearing, excavation, backfill, furnishing and installing all required piping, fittings and couplings, constructing manhole/service line connections as shown on the details and specified, cleanup, seeding, fertilizing and mulching in locations shown on the Plans, and every other Item of construction not specifically set out to be paid for under other items set out below. a. Payment for concrete used for driving surface and sidewalk repair shall be ' made under Bid Item 19. b. Payment for crushed stone backfill used as trench backfill under driveways and pavements shall be made under Bid Item 18. c. Payment for asphalt concrete for pavement repair shall be made under Bid Item 20. Bid Item 12 - Clean. Test and Grout Main Line ' Payment for the cleaning, testing and grouting of main line shall be made at the unit price bid per linear foot, complete in place. The unit price bid shall be full compensation for pipe cleaning, televising, grouting, testing, clearing, bypass pumping, cleanup, and every other item of construction not specifically set out to be paid for under other items of the Bid. I Bid Item 13 - De -Root. Clean. Test and Grout Main Line Payment for de -rooting, cleaning, grouting and testing of main line shall be made I at the unit price bid per linear foot, complete in place. The unit price bid shall be full compensation for pipe cleaning, root removal, televising, grouting, testing, clearing, bypass pumping, cleanup, and every other item of construction not specifically set out to be paid for under other Items of the Bid. Bid Item 14 - DELETED , This bid Item deleted. I Bid Item 15 - Raisins Manhole Frame and Lid Payment for raising manholes will be made at the unit price bid for each manhole raised at the locations shown on the Plans and set out in the Specifications. The unit price bid shall be full compensation for all labor, equipment and materials 1200-4 1 Section 1200 Methods of Payment necessary for excavating, removing existing manhole frame and lid, raising the top of the manhole to the required elevation with concrete, furnishing and Installing new manhole frame and lid or resetting existing frame and lid as directed, backfill and cleanup, and every other item of construction not specifically set out to be paid for under other items of the Bid. Bid Item 16 - Cast -in -Place Manholes Payment for cast -in -place manholes shall be made at the unit price bid for each manhole complete in place. The price bid shall be full compensation for every item of work to complete the construction of the manholes over existing sewer lines as shown on the Plans and as specified, Including excavation, pouring concrete bottom, forming and pouring concrete barrel, concrete invert, manhole ' frame and lid, backfill, and every other item required for a complete installation as shown on the Plans and specified. Surface repair, i.e., crushed stone backfill and concrete, shall be paid for under other appropriate items of the Bid. I Bid Item 17 - Manhole Replacement Payment for manhole replacement shall be made at the unit price bid for each manhole replaced at the locations shown on the Plans, or as directed by the Engineer. Theunit price bid shall be full compensation for all labor, equipment and materials for excavation, bypass pumping, removal and disposal of existing manhole, construction of new manhole at the same grade and location, furnishing I. and installation of manhole steps, frame and lid as specified, backfill, cleanup, testing and every other item required. for a complete manhole replacement as shown on the Plans and specified. ' Surface repair, i.e., crushed stone backfill and concrete, shall be paid for under other appropriate items of the Bid. • Bid Item 18 - Granular Base Trench Backfill (AHTD. Class 6) Payment for granular base shall be made In accordance with the unit price bid per ton. The price bid shall be full compensation for furnishing materials, installation, completion and construction as shown on the Plans and as called for in the ' Specifications, or as directed by the Engineer. Measurement shall be by delivery tickets furnished by the supplier which clearly show the net weight of material as determined by a scale approved by the Engineer. The delivery tickets shall accompany the shipment and be signed by the Engineer when the material is incorporated into the project. Crushed stone which is to be paid for under this bid item includes crushed stone used In the backfilling of trenches excavated in driving surfaces, parking lots, roadways, sidewalks, etc. 1 1200-5 Section 1200 1 Methods of Payment Bid Item 19 - Concrete for Driving Surface, Sidewalk. and Curb and Gutter Repair Payment for concrete surfacing for driving surface and sidewalk repair shall be , made in accordance with the unit price bid per square yard. The price bid shall be full compensation for furnishing the materials, labor, tools and equipment required for construction of the repair, including preparation of the subgrade, forming, expansion and contraction joints, reinforcing if required, furnishing and placement of concrete (thickness as shown on the Plans), finishing, curing, cleanup, and all other related items of work as required. Measurement for driving surface restoration shall be determined in accordance with prescribed removal as shown on the Plans and as specified. Payment (length and width) for surface repair around newly constructed manhole shall not exceed depth of manhole in feet. Bid Item 20 - Hot -Mixed. Hot -Laid Asphalt Concrete for Pavement Repair and Overlay I Payment for placement and compaction of hot -mixed, hot -laid asphalt concrete overlay will be made at the unit price bid per ton. The unit price bid shall include all necessary labor, equipment and materials to furnish and place tack coat, and placement of a required thickness of asphalt concrete as specified and shown on the Plans detail. I Concrete for pavement repair shall be paid for under Bid Item 19. Bid Item 21 - Clean and Televise Main Line ' Payment for cleaning and televising shall be made at the unit price bid per linear toot, complete in place. The unit price bid shall be full compensation for pipe cleaning, root removal, televising, and every other item required for cleaning and televising not specifically set out to be paid for under other items of the Bid. Bid Item 22 - Repair Manhole/Municipal Main Line Connection Payment for manhole/municipal main line connection repair shall be made at the I unit bid price for each connection repair. 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