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Home My WebLink About125-92 RESOLUTION• • • RESOLUTION NO. 125-92 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH SWEETSER CONSTRUCTION CO., IN THE ESTIMATED AMOUNT OF $119,438.50 PLUS A 10% CONTINGENCY OF $11,943.50 FOR A TOTAL OF $131,382.00 FOR REPLACEMENT CULVERTS AT 54TH STREET AND AT SANG AVENUE, AS DESIGNATED BY THE AHTD BRIDGE INSPECTION REPORT; AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $23,382.00. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract with Sweetser Construction Co., in the estimated amount of $119,438.50 plus a 10% contingency of $11,943.50 for a total of $131,382.00 for replacement culverts at 54th Street and at Sang Avenue as designated by the AHTD Bridge Inspection Report. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. ,Section 2. That the Board of Directors hereby authorizes a budget adjustment in the amount of $23,382 to be transferred from Account No. 4470-0947-499.99, Unreserved Fund Balance, to Account No. 4470-9470-5-315, Contract Services - Bridge Replacement. A copy of the budget adjustment authorized for execution hereby is attached hereto and made a part hereof. PASSED AND APPROVED this 1st day of September , 1992. ATTEST: By:/J/( A4 City Cie k Mayor • CONTRACT AGREEMENT 1. yy TTHHIS CONTRACT AND AGREEMENT, made and entered into this /.41-1 day of , 19 %o1, by and between the City of Fayetteville, Arkansas Party of the First Part, acting through its duly authorized representative, and Jerry D. Sweetser, Inc. Party of the Second Part. WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials and supplies required to be furnished and to perform the work for Drainage System Improvements, City of Fayetteville. Arkansas in exact accordance with the Plans on file at the office of said Party of the First Part and Specifications, Proposals, Stipulations and Special Provisions attached hereto and made a part hereof as fully as though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the Parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done or materials furnished under this agreement, the lump sum amount adjusted for variation of quantities at the unit prices named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the sumo set forth in the Proposal, which shall be deducted from the final amount to be paid under this contract, provided that extensions of time with waiver of liquidated damages, may be granted as provided for in the Specifications. 4. The Party of the Second Part agrees to be responsible for repairs on any of the improvements covered herein due to faulty workmanship and/or materials for a period of one year beginning at the time of acceptance of the improvements by the City of Fayetteville. All improvements shall be made in conformance with Specifications and are subject to the approval of the City of Fayetteville. H -W JOB NO. WA -91-01 1 5. Insurance, amounts as The Party cf the Second Part agrees, also to carry Public Liability Property Damage Insurance and Workman's Compensaticr. Insurance in required in these Specifications. n � ` WITNESS OUR HANDS THIS /4d -DAY OF ,.l . 19 701 . WITNESS: WITNESS: Aff Corpor. a Sea: -ere (.` any) H -W JOB NO. WA -91-01 C�t1' of Fayetteville, Arkansas (Title) City Administration Building :13 West Mountain (Address) Fayetteville, Arkansas 72701 Jerry D. Sweetser, :nc. Bv: President (Title) 590 West Poplar (Address) Fayetteville, Arkansas 72703. END OF CONTRACT AGREEMENT 2 CONTRACT AGREEMENT PROPOSAL PLACE Fayetteville, Arkansas DATE August 13, 1992 Proposal of Jerry D. Sweetser, Inc. a corporation organized and existing under the laws of the State of Arkansas ; a partnership consisting of an individual trading as TO: CITY OF FAYETTEVILLE, ARKANSAS CITY ADMINISTRATION BUILDING 113 WEST MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 SCHEDULE I pRAINAGE SYSTEM IMPROVEMENTS The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of Schedule I, at and for the basic lump sum of One Hundred Nineteen Thousand Four Hundred Thirty- giaht & 50/100 Dollars ( 5119,438.50 ). It is understood that the Lump Sum Proposals, in addition to all other work includes all Variable Quantities listed in the Proposal in the amounts so listed. The Variable Quantities given in the Proposal are for the purpose of comparing bids only, and the basic lump sum proposal will be adjusted in the final settlement for variation in these quantities at the following unit prices: SCHEDULE I. SECTION I BOX CULVERT ON 54TH STREET UNIT PRICES FOR VARIABLE OUANTITIES Item Quantity Unit Amount No. and Unit Description Price of Bid 1. LS Clearing & Grubbing One Thousand $ 1 000.00 $ 1,000.00 Dollars - per lump sum 2. 3 EA Clear & Grub Tree One Hundred $ 100.00 $ 300.00 Dollars - per each H -W JOB NO. WA -91-01 1 • Item Quantity No. and Unit Description 3. LS Grading Unit Amount Price of Bid Five Thousand One Hundred Eighty $ 51:80.00 $ 5,180.00 Dollars - per lump sum & no/:00 4. LS Removal & Disposal of Existing 14'x23' Concrete Bridge Structure 5A.* LS 5B.* LS One Thousand Two Hundred & no/100 $ 1 200.00 $ 1 200.00 Dollars - per lump sum Construct Cast -In -Place Quadruple 10'x5'x37'-6" Reinforced Concrete Box Culvert Including all Wingwalls, Concrete Parapet Wall. Forty -Five Thousand & no/100 545,000.0C $45,000.00 Dollars - per lump sum Furnish & Install Pre -Cast Quadruple 10'x5'x37'-6" Box Culvert Including all Wingwalls, Concrete Parapet Wall. No Bid $ No Bid 5 No Bid Dollars - per lump sum 6. 25 CY Furnish & Install 8" Crushed Stone Base Course, tc Specified Compaction Requirements Twenty & no/100 $ 20.00 $ 500.00 Dollars - per cubic yard 7. 10 GAL Furnish & :nsta;l Prime Coat Ten & no/:00 $ 10.00 $ 100.00 Dollars - per gallon 8. 65 GAL Furnish & :netall Tack Coat Ten 6 no/100 Dollars - per gallon 9. 180 TON Furnish & Install Type III Hot Mix Asphalt Concrete Pavement $ 10.00 $ 650.0C Forty & no/100 $ 40.00 $ 7,200.00 Dollars - per ton H -W JOB NO. WA -9:-01 2 PROPOSAL • • Item Quantity Unit Amount No. and Unit Description Price of Bid 10. 25 SY Furnish & Install Concrete Sidewalk, 6" Thickness $iahteen & no/100 $ 18.00 $ 450.00 Dollars - per square yard 11. 43.5 LF Furnish & Install Handrail Twenty -Five & no/100 $ 25.00 $ 1.087.50 Dollars - per linear foot 12. 50 LF Furnish & Install Type A Guard Rail Thirty -Seven & no/100 $ 37.00 $ 1,850.00 Dollars - per linear foot 13. 415 LF Grade Ditch to Drain Seven & 25/100 $ 7.25 $ 3 008.75 Dollars - per linear foot 14. 18 LF Furnish & Install 15" RCP, Class III Forty & no/100 $ 40.00 $ 720.00 Dollars - per linear foot 15. 60 CY Furnish & Install Riprap, Type I, Complete w/ Filter Fabric Forty -Five & no/100 $ 45.00 $ 2,700.00 Dollars - per cubic yard 16. 196 LF Furnish & Install 8" Class 50, Ductile Iron Water Pipe w/ Polyethylene Encasement and Granular Bedding Twenty -Seven & no/100 Dollars - per linear foot 17. 50 LF Furnish & Install 12" Steel Encasement Underneath Box Culvert Twenty & no/100 Dollars - per linear foot 18. 2 EA Cut & Tie Proposed 8" Ductile Iron Water Pipe Into Existing 8" Water Line Five Hundred & no/100 Dollars - per each H -W JOB NO. WA -91-01 $ 27.00 $ 5 292.00 $ 20.00 $ 1.000.00 $ 500.00 $ 1,000.00 3 PROPOSAL Item Quantity No. and Unit Description. 19. 244 LF Furnish & Place Traffic Paint Pavement Markings One & no/:00 Dollars - per linear foot TOTAL BASIC CONTRACT PRICE - SCHEDULE I, SECTION I SCHEDULE I. SECTION i1 BOX CULVERT ON SANG AVENUE UNIT PRICES FOR VARIABLE OUANT:TIES Unit Amount Price of Bid $ 1.00 $ 244.0C $ 78.482.25 :tem Quantity Unit Amount No. and Unit Description Price of Bid 1. LS Clearing & Grubbing Five Hundred & no/100 $ 50C.00 5 500.00 Dollar° - per lump sum 2 2 EA Clear & Grub Tree One Hundred & no/30C $ 100.00 $ 200.00 Dollars - per each 3. LS Grading Three Thousand Six Hundred & nc/100 $ 3 600 OC $ 3.600.00 Dollars - per lump sum 4. LS Removal & Disposal of Existing 6' Diameter Steel Drainage Culvert 5A.* LS 5B.• LS Five Hundred & no/100 $ 500.00 $ 500.00 Dollars - per lump sum Construct Cast -In -Place Double 8'x5'x43'-5" Concrete Box Culvert Including all Wingwalls, Concrete Parapet Wall. Nineteen Thousand Two Hundred Fiftv $19.250.00 $19,250.00 Dollars - per lump sum & nc/100 Furnish & Install Pre -Cast Double B'x5'x43'-5" Box Culvert Including all Wingwalle, Concrete Parapet Wall. Vo Bid Dollars - per lump sum H -W JOB NO. WA -91-C1 S Nc Bid $ No Bid 4 PROPOSAL • Item Quantity Unit Amount No. and Unit Description Price of Bid 6. LS Construct Reinforced Concrete Transition Culvert One Thousand Three Hundred & no/100 $ 1.300.00 $ 1.300.00 Dollars - per lump sum 7. 10 GAL Furnish & Install Prime Coat Ten & no/100 $ 10.00 $ 100.00 Dollars - per gallon 8. 55 GAL Furnish & Install Tack Coat Ten & no/100 $ 10.00 $ 550.00 Dollars - per gallon 9. 95 TON Furnish & Install Type III Hot Mix Asphalt Concrete Pavement Forty & no/100 Dollars - per ton 10. 13 SY Furnish & Install Concrete Driveway, 6" Thickness $ 40.00 $ 3,800.00 Twenty -Four & no/100 $ 24.00 $ 312.00 Dollars - per square yard 11. 90 SF Furnish & Install Concrete Sidewalk, 6" Thickness Two & no/100 Dollars - per square foot 12. 18 LF Furnish & Install Handrail Twenty -Five & no/100 Dollars - per linear foot 13. 65 LF Grade Ditch to Drain Seven & 25/100 Dollars - per linear foot 14. 6 LF Furnish & Install 18" RCP, Class III Forty & no/100 Dollars - per linear foot H -W JOB NO. WA -91-01 $ 2.00 $ 180.00 $ 25.00 $ 450.00 $ 7.25 $ 471.25 $ 40.00 $ 240.00 5 PROPOSAL Item Quantity Unit Amount plc. and Unit Description Price of Bid 15. 1 EA F•urr,ash & Install 18" Standard End Section Five Hundred & no/100 $ 500.00 5 500.00 Dollars - per each 16. 50 LF Furnish & :nsta-1 Type A Guard Rail Thirty -Seven & no/:00 5 37.00 $ 1.850.00 Dollars - per linear foot 17. 6C CY Furnish & Install Riprap, Type I, Complete w/ Filter Fabric Forty -Five & no/100 $ 45.00 5 2.700.00 Dollars - per cubic yard 18. 60 LF Furnish & Instal: 8" Class 50, Ductile :ror. Water Pipe w/ Polyethylene Encasement and Granular Bedding Twenty -Sever. & no/100 5 27.00 5 1,620.00 Dollars - per linear foot 19. 1 EA Relocate Existing 8" M.J. Gate Valve Complete w/ Box, & Concrete Collars Six Hundred & no/ICO $ 600.0C $ 600.00 Dollars - per each 20. 25 LF Furnish & Install 12" Steel Encasement Underneath Box Culvert 21. 2 EA 22. 2 EA 23. 1 EA Twenty & no/100 $ 20.00 $ 500.00 Dollars - per linear foot Cut & Tie Proposed 8" Ductile Iron Water Pipe Into Existing 8" Water Line Five Hundred & no/100 5_ 500.00 $ ' 000.00 Dollars - per each Adjust Manhole Ring & Cover to Grade One Hundred & nc/100 $ 100.00 $ 200.00 Dollars - per each Adjust Gate Valve Box to Grade One Hundred 6 no/100 $ 100.00 $ 100.0C Dollars - per each H -W JOB NO. WA -91-01 6 PROPOSAL • Item Quantity $o. and Unit 24. 3 CY DesCrivtion Unit Price Amount of Bid Furnish & Install Concrete Encasement Seventy -Five & no/100 Dollars - per cubic yard 25. 208 LF Furnish & Place Traffic Markings One & no/100 Paint Pavement Dollars - per linear foot TOTAL BASIC CONTRACT PRICE - SCHEDULE I, SECTION II TOTAL BASIC CONTRACT PRICE - SCHEDULE I, SECTION I TOTAL BASIC CONTRACT PRICE - SCHEDULE I $ 75.00 $ 225.00 $ 1.00 $ 208.00 $ 40.956.25 $ 78.482.25 $ 119.438.50 Bidders must bid Schedules in their entirety including all Sections. The total basic contract price shall reflect the cost of the least costly alternatives. Include only the lesser amount of bid for Item SA or 58 in Schedule I, Section I; and the lesser amount bid for Item 5A or 5B in Schedule I, Section II. The OWNER reserves the right to reject any and all bide. The OWNER may award a contract for Schedule I, Section I or Schedule I, Section II, or both. The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all conditions surrounding construction of the proposed project, including the availability of material and labor, hereby proposes to furnish all equipment, labor, material, and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this Proposal is a part. The undersigned further agrees, if awarded the Contract for Schedule I, the Contractor will begin work within ten (10) calendar days following the issuance of a written work order and will fully complete all work within 323 consecutive calendar dam after the date of the Notice to Proceed. Should the Contractor for Schedule I fail to complete the work within the stated time, he shall pay the OWNER as fixed, agreed, and liquidated damages, the sum of $150.00 per day for each consecutive calendar day of delay until the work is completed or accepted. If only one Section of this contract is awarded, the completion time will be 75 consecutive calendar days instead of 105 days. The undersigned submits the following subcontractors for use if the contract is awarded. The Owner shall have the authority to reject the use of any subcontractor. H -W JOB NO. WA -91-01 7 PROPOSAL NAME SUBCONTRACTORS ADDRESS CONTRACTOR'S LICENSE NUMBER Additional time .s allowed for delays as stipulated in the Contract Documents. The undersigned acknowledges receipt of the following Addendum: One For changing quantities of work items from those indicated by the Contract Documents, upon written ir.structior, from, the Engineer, the above unit prices as given in the Proposal shall prevail. The above unit prices shall include all labor, materials. bailing, shoring, removal, overhead, profit, insurance, bonds, etc., to cover the finished work of the various 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 biddinc. The bidder does agree that this bid shall be good and may not be withdrawn for a period of sixty (6C) calendar days after the scheduled closing time for receipt cf bids. Jerry D. Sweetser by 454/ nc. President Title E90 West Poplar Fayetteville, Arkansas 72703 Business Address (50:1 443-3C26 Telephone 921-835 Arkansas License Number SEAL: If Bidder is a Corporation. H -W JOB NO. WA -9:-01 END OF PROPOSAL B PROPOSAL ARKANSAS PERFORMANCE AND PAYMENT BOND WE Jerry D. Sweetser, Inc. as Principal, hereinafter called Principal, and United States Fidelity & Guaranty Onpany , a corporation organized and existing under the laws of the State of Maryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville. Arkansas as Obligee, hereinafter called Owner, in the amount of One Hundred Nineteen Thousand Four Hundred Thirtv-Eicht & 501100 Dollars (5119,438.50 ), for payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated .Qi 1�1?i a entered into a contract with Owner for Drainage System Improvements, City of Fayetteville, Arkansas Sang Avenue & 54th Street , which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22- 9-403 (b) and A.C.A. Section 18-44-503 (b) (Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. H -W JOB NO. WA -91-01 1 • In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of y... , 19irk'". Jerry C. Sweetser, :nc. By 11/ President i±icipal United States Fidelity & Guaranty Co. Surety Y Attorney -in -Fact Fayettavillo, AR 72702 Address NOTE: IF CONTRACTOR :S A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND END OF ARKANSAS PERFORMANCE AND PAYMENT BOND H -W JOB NO. WA -91-01 2 ARKANSAS PERFORMANCE AND PAYMENT BOND • • • • CERTIFIED COPY GENERAL POWER OF ATTORNEY No. 100117 1 KNOW aU Men by these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore. in the State of Maryland, does hereby constitute and appoint Robert M. Davis of the City of Fayetteville State of its true and lawful attorney in and for the State of Aricansas Arkansas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms .11 and whatsoever the said Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 3lst day of December , A. D.19 87 (SEAL) STATE OF MARYLAND. BALTIMORE CITY, j p On thia 31st day of W.J.D. S(mervil]e, Jr. UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) Br .... p!e!!ej%r..? 3$s Jr, (Signed) Douglas R. Bowen Flee -President. December , Vice -President of the COMPANY and Douglas R. Bowen . Aseistan ' ecretary of said Comaq� with both of whom I am personally acquainted, who being by me severally duly swum, said that they, the said W.J.D. SOmeLT►111a, Jr. and Douglas R. Bowen were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Powe of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice•Prasident and Assistant Secretary, respectively, of the Company. Assistant Seersta7y. , A. D. 1987, before me personally came UNITED STATES FIDELITY AND GUARANTY My commission expires the first day in July, A. D. 19 90 (SEAL) (Signed) FS 3 (147) Margaret M. Hurst Notary Public. 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'sarnlaslQS tonnay sit la aC0 to 4sna:pas nr gipls oonaonfuoa uj sluopr,aad aa!,1 sit la myna to loapnatd 111 tarodra pow aruagln■ 'saop L911aq 1! pie 'op ilnd;lo3 1141 an[t 'raajotag fl aq •a+alaaa it :*prary, )o ,a!ta1!1131 pia saouustd ag; 11 poo ale: flavor! agl ]o sa!xnuay aql In atm 'paxthn!y aril ratio tales w aanu n: UT put 9 101 1n n Lttaaglnt putt nouod ger. .ta.uolla par swat' lumdde 4urdu:o3 reqs 1x41 ,slawang }r' uu!law¢a+l pmlaago agt a0) 4tnsnaao n ;1 'eaaaay 44 pyj NOLL7'IOSBZI JO 1203 Al; onut '"CERTIFICATE OF INSURANCE' PRODUCER Eason & CO. , Inc. P.O. Box 4217 Fayetteville, AR 72702 ISSUE DATE (MM/DD/YY) 08/20/92 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPALETTER A ERUSF&G COMPANY INSURED LETTER B Jerry D. Sweetser, Inc. COMPANY 590 West Polar LETTER C Fayetteville, AR 72703 COMPANY LETTER D COMPANY LETTER E COVERAGES - -. - THIS 151D CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMDD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. S CLAIMS MADE, X OCCUR., 1CP30001039201 10/30/91 10/30/92 PERSONALS ADV. INJURY t$1,000,000 OWNER'S A CONTRACTOR'S PROT. EACH OCCURRENCE $ 1, 0000 00 FIRE DAMAGE (Any ono We) ', S 50,000 MED. EXPENSE (Myon. moon) S 5.000 AUTOMOBILE LIABIUTY COMBINED SINGLE S ANY AUTO LIMIT 1 10/30/92 , ! 1,000,000 ALL OWNED AUTOS BODILY INJURY S SCHEDULED AUTOS , (Per person) HIRED AUTOS j BODILY INJURY NON -OWNED AUTOS I '(Per PccM.m) GARAGE LIABILITY _ ! PROPERTY DAMAGE $ EXCESS UABIUTY - EACH OCCURRENCE $ 2,000,000 X UMBRELLA FORM 1CP30001039201 10/30/91 10/30/92 AGGREGATE _ $ 2,000,000 OTHER THAN UMBRELLA FORM t WORKER'S COMPENSATION STATUTORY LIMITS AND EACH ACCIDENT '$ 100,000 EMPLOYERS LIABILITY' 3902852917 10/30/91 10/30/92 DISEASE—POLICY LIMIT $ 500,000 DISEASE—EACH EMPLOYEE S 100 000 OTHER DESCRIPTION OF IONS/LOCATIONSNEHICLES/SPECIAL ITEMS Hawkins -Weir Engineers, Inc. named as additional insured. CERTIFICATE HOLDER : CANCELLATION n City of Fayetteville, Arkansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Administration Building EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 113 West rtuntain MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Fayetteville, AR 72701 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZEDEDREPRESENTATIVE (•«'"`' ACORD 29-S p/YO)-.�..-.". ` " _ - C�� -, -: ^..-:rOACORD 1990 CORPORATION • • ADJUSTMENT # CITY OF FAYETTEVILLE, ARKANSAS IN -YEAR BUDGET ADJUSTMENT • BUDGET YEAR 1992 DEPT: Public Works DIV : Engineering PROG: Capital Improve ment constructs DATE REQUESTED - 13 Aug 42 an PROJECT OR ITEM REQUESTED: Increase funding for the 54th_ Street and the Sang Ave. replacement culverts by $23,382.00. JUSTIFICATION OF THIS INCREASE Original estimate was low. The replacement of the 54th Street bridge has been mandated by the AHTD. The replacement of the culvert on Sang Ave. is a planned and needed safety improvement. The City will realize cost savings with both contract scctiuna awardea ccncurrencly. PROJECT OR ITEM DELETED: None. JUSTIFICATION OF THIS DECREASE Excess funds from interest earnings on reserve funds. INCREASE ACCOUNT TITLE Contract Services Bridge replacement E4UESlfE BY COORDINATOR DEPARTMENT DIRECTOR ADMIN. SERVICES DIRECTOR CITY MANAGER DATE •3,4, kat, (I roti Posted A,A 2.15 4470-94712-5-315 ACCOUNT NUMBER PROJ. NO. 4470-9470-5-315 92047-0020 AMOUNT $23,382 DECREASE ACCOUNT TITLE ce ACCOUNT NUMBIR iibl. 11Bs 4470-0947-499.99 AMOUNT $23,382 BUDGET OFFICE USE ONLY DATE OF APPROVAL Entered Type: A B C ✓T G c — oaaFrOch on C el+rase Sok( ofeKrxles/ � REQUEST i syk For the FayetteJille City Council meeting of FROM: jinn $eavtca, Name gaiagicen.,44 co6aris San hve. smatase.cVni,fJGien LMED -�e Enginee+fh Po 61:e. Nclac Division Department MIMS ACTION REQUIRED: COST TO CITY: Cost of this Request +110 - 9410- S Si Account Number l204i-ooz& Project Number Moya S Cke{satwn of eacia9eel dio ,. ocdec +h Swee4jsec Cmnsircocl'bcn. $ 151 382.m ConeoCtion Category/Project Budget Category/Project Name S 143 653.08 Fundal Used Lq Date Program Name $ 'l,ltg. crL Remaining Balance Fund CA:tiAaa TT OJen'ty CanfAcut.ison BUDGET RE9iElI: X Budgeted Item Budget tobrdinator Budget Adjustment Attached Administrative Services Director CONTRACT/LEASE 'GC Account 0 i9 1' REVIEW: anager C t ttorn 46r, Ai rc .+, Officer Date 1^),z) Date 1 -l9 -K3 Date a Auditor ate RECOMMENDATION: Ameo sio e (el • • rtment Dreci for Adm etrat e N or g A ices Director GRANT APPLICATION REVIEW: Internal Auditor ate kg -r3 20JRu43 Date 1-avci Date /ei Da Date FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, Public Work Dire tor Don Bunn, City Engineer From: Jim Beavers, Engineering ` Date: 18 January 1993 jb Re: Proposed change -order to the construction contract with Sweetser Construction (contract no. 387) for replacement culverts at Sang Avenue and 54th Street. 1. Existing contract: The construction contract to replace the existing culvert on Sang Avenue and the existing bridge on 54th Street was approved by the Board of Directors on 1 September 1992. Due to utility delays (SW Bell) construction could not begin until 9 November 1992. Construction continues with estimated completion of February 1993 for Sang Avenue and March 1993 for 54th Street. 2. Proposed change -order: a. During the construction of the Sang Avenue box culvert it was determined that the existing water line could be encased inplace with a split encasement rather than relocating the line and then encasing with standard encasement pipe. The split encasement resulted in additional labor and material costs for the encasement, but also allowed for time savings and a future net reduction in the contract price. The negotiated price to provide the split encasement is an increase of $1050.00. The future net savings will result from certain bid items not being required, and thus not included on future pay estimates. Specifically, bid item 18, 60 if of new water line ($1620.00), bid item 19, relocate valve ($600.00), bid item 20, standard encasement ($500.00) and bid item no. 21, tie into existing water line ($1000.00) should be deleted from the final costs. The net effect of encasing the water line inplace will be a savings of $2670.00 ($3720 - $1050). b. During the excavation for the new culvert, it was determined in the field to tie in the existing 24 inch drainage tile into the NW corner of the culvert. The negotiated cost to add 10.5 if of 24"RCP drainage pipe is an increase in the contract amount of $498.75. The total increase in contract price is $1,548.75 (does include future savings of not relocating water line). • • • c. As noted, construction on Sang Avenue began November 9th and we required that the culvert and street be opened to traffic by November 25th. Due to the nature of the work, the concrete curing times and the weather conditions, delays were unacceptable. Please note that: * the changes were necessary to continue the project, * the changes were within the scope of the project, * the delay necessary to follow the formal procedures and reviews as outlined in "IC -2" (contracts/responsibilities) would have effectively shut the project down resulting in missed deadlines and the street remaining closed through the holidays. Based upon my responsibility as the project engineer to assure that the street was open to traffic by November 25th, I directed Sweetser to provide these changes. This direction was in violation of the policy of "IC -2", however, the Public Works Director was kept informed and we are currently working to revise "IC -2" to allow greater authority for project managers. Every construction project has unknowns and there will be times when the project engineer must make field decisions to allow the work to progress. On certain jobs the delays to follow the current policy for minor changes will result in increased project costs (contractor standby and impact charges) and missed deadlines. 3. Project budget: The approved contract budget is $151,382.00 (1 September 1992). Obligations to date are: Engineering $18,100.00 ROW 3,177.78 Advertising 136.80 Construction 122.238.50 Total $143,653.08 Funds are available for the change -order. 4. Action requested: Mayor's execution of the proposed contract amendment. Five original change -order documents have been signed by the engineer (Hawkins), the contractor (Sweetser) and are enclosed for the Mayor's signature. The City clerk should retain one and return the other four to Engineering. Enc: 1. Copy of letter from Hawkins -Weir dated January 15, 1993. 2. Five originals of the proposed change -order for signature. • BARRY K. MCGVRMIUK, P.E. STEVEN R. HENDRIX January 15, 1993 Mr. Jim Beavers, P.E. Project Manager City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Re: Sang Street Box Culvert H -W Job No. WA -91-01 Dear Jim: Please find enclosed Change Order No. 2 in the amount of $1,548.75 on the referenced project. The justification for this change order is explained thereon. Although this appears to be a contract increase, the net result of the water system relocation changes will amount to a deduction in the contract amount since we were able to leave the existing water line in place and work around it. Please sign all copies and return one signed copy to me and one to the contractor. If you have any questions, please advise. Very truly yours, HA / ENGINEERS, INC. Ronald R. Hawkins, P. E. RRH/hh Enclosures 1019 POINTER TRAIL EAST • VAN BUREN, ARKANSAS 72956 • FAX (501) 474$531 • PHONE (501) 474.1227 8 '(C CHANGE ORDER ORDER NO.: 1 n � DATE: OCTOBER 28, 1992 CONTRACT DATE: SEPTEMBER 1, 1992 OWNER'S PROJECT NO.: N/A ENGINEER'S PROJECT NO.: WA -91-01 EDA PROJECT NO.: N/A NAME OF PROJECT: CITY OF FAYETTEVILLE, ARKANSAS DRAINAGE SYSTEM IMPROVEMENTS OWNER: CITY OF FAYETTEVILLE, ARKANSAS CONTRACTOR: JERRY D. SWEETSER, INC. THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: REVISE TRANSITION STRUCTURE DOWNSTREAM OF NEW BOX CULVERT UNDER SANG AVENUE TO FOR CENTER WALL AND TOP. $2,800,00 JUSTIFICATION: REVISION REQUESTED BY OWNER CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE INCREASED BY THE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE CHANGE TO CONTRACT TIME: THE CONTRACT TIME WILL BE BY 0 CALENDAR DAYS $119,438.50 $119,438.50 $2,800.00 $122,238.50 THE CONTRACT PERIOD INCLUDING THIS CHANGE ORDER SHALL BE 105 CALENDAR DAYS PAGE 1 OF 2 CHANGE ORDER CONTRACT DATE: ENGINEER: H NSS,hR E INEERS, INC. bye ,.i CONTRA�JER D WEETSER, INC. by ! by Nv\ date /OT�9L date date I I rl`i ��(a— CHANGE ORDER CHANGE TO CONTRACT PRICE: ORIGINAL CONTRACT PRICE ORDER NO.: 2 DATE: December 18, 1992 CONTRACT DATE: September 1, 1992 $119,438.50 CURRENT CONTRACT PRICE ADJUSTED BY PREVIOUS CHANGE ORDERS $122,238.50 THE CONTRACT PRICE DUE TO THIS CHANGE ORDER WILL BE (INCREASED) BY $1,548.75 THE NEW CONTRACT PRICE INCLUDING THIS CHANGE ORDER WILL BE $123,787.25 CHANGE TO CONTRACT TIME: THE CONTRACT TIME WILL BE (INCREASED) (DECREASED) BY 0 CALENDAR DAYS THE CONTRACT PERIOD INCLUDING THIS CHANGE ORDER SHALL BE 105 CALENDAR DAYS THE REVISED CONTRACT COMPLETION DATE IS DATE OF SUBSTANTIAL COMPLETION IS APPROVALS: ENGINEER: H WEIR NGINEERS, INC. by 1 date f92 CONTRACTOR• date OWNER: by /"'�` ' date PAGE 2 OF 2 CHANGE ORDER ORDER NO.: 2 DATE: December 18, 1992 CONTRACT DATE: September 1, 1992 OWNER'S PROJECT NO.: NIA ENGINEER'S PROJECT NO.: WA -91-01 EDA PROJECT NO.: N/A NAME OF PROJECT: CITY OF FAYETTEVILLE, ARKANSAS DRAINAGE SYSTEM IMPROVEMENTS OWNER: CITY OF FAYETTEVILLE, ARKANSAS CONTRACTOR: JERRY D. SWEETSER, INC. THE FOLLOWING CHANGES ARE HEREBY MADE TO THE CONTRACT DOCUMENTS: 1. INSTALL SPLIT 18ENCASEMENT PIPE OVER EXISTING WATER LINE 25 LF @ $42.001LF = $1,050.00 2. INSTALL 10.5 LF OF 24' RCP AND TIE INTO NEW BOX CULVERT 10.5 LF @ $47.501LF = $498.75 JUSTIFICATION: 1. 18' ENCASEMENT NEEDED INSTEAD OF 12' CALLED FOR IN PLANS BECAUSE OF OUTSIDE DIAMETER CF BALL JOINTS ON EXISTING SAND CAST WATER LINE. ALSO, SPLIT ENCASEMENT NEEDED SO IT CAN BE PLACED AROUND EXISTING WATER LINE WHICH CAN BE LEFT IN SERVICE INSTEAD OF BEING REPLACED. OVERALL RESULT WILL BE A NET SAVINGS ON THE PROJECT COST. 2. REQUESTED BY OWNER PAGE 10F2 2 N -W MICR DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS DRAINAGE SYSTEM IMPROVEMENTS CITY OF FAYE'ITEVILLE, ARKANSAS H -W JOB NO. WA -91-01 JULY 1, 1992 REVISED JULY 24, 1.992 (501) 474-1227 • FAX (501) 474-8531 h ADDENDUM NO. 1 DRAINAGE SYSTEM IMPROVEMENTS CITY OF FAYETTEVILLE, ARKANSAS H -W JOB NO. WA -91-01 ' The following are changes and additions to the Construction Plans and Detailed Specifications and Contract Documents, H -W Job No. WA -91-01, prepared by Hawkins - Weir Engineers, Inc. for the City of Fayetteville, Arkansas, dated July 24, 1992. Delete Section 5.6, sub -sections 1-5, Section 5.7, Section 5.8, Section 5.9, and Section 5.10 from the Standard General Conditions of the Construction Contract contained within the Detailed Specifications and Contract Documents. This Addendum No. 1 shall be a part of the Construction Plans and Detailed '• Specifications and Contract Documents as if originally issued with the documents, and all provisions of those documents shall apply equally to Addendum No. 1. This Addendum No. 1 shall be attached to or acknowledged as having been received in the bidders' proposal when submitted. HAWKINS-WEIR RNGINEERS, INC. ' by: Ronald R. Hawkins, P. E. Arkansas Registration No. 4017 Issued August 11, 1992 1 L Li I Li I I ' DETAILED SPECIFICATIONS ' AND CONTRACT DOCUMENTS 1 DRAINAGE SYSTEM IMPROVEMENTS CITY OF FAYETTEVILLE, ARKANSAS 1 1 ' H -W JOB NO. WA -91-01 JULY 1, 1992 I REVISED JULY 24, 1992 1 1 1 1 Advertisement for Bids Page 1 Information for Bidders Pages 1 - 3 Proposal Pages 1 - 8 Contract Agreement Pages 1 - 2 Performance and Payment Bond Pages 1 - 2 General Conditions Pages 1 - 45 Supplement to General Conditions Pages 1 - 4 Section SC100, Special Conditions Pages 1 - 5 Detailed Specifications Section 110, Measurement and Payment Pages 1 - 3 Section 120, Traffic Control and Maintenance Page 1 Section 201, Site Preparation Pages 1 - 4 Section 202, Clearing and Grubbing Pages 1 - 3 Section 203, Excavation and Embankment Pages 1 - 7 Section 210, Subgrade Preparation Page 1 Section 290, Site Restoration Pages 1 - 4 Section 305, Crushed Stone Base Course Pages 1 - 2 Section 320, Prime and Tack Coat Pages 1 - 3 Section 330, Asphalt Concrete Pavement Pages 1 - 4 Section 401, Concrete Pages 1 - 13 Section 430, Concrete Driveways Pages 1 - 3 Section 440, Concrete Sidewalks Pages 1 - 4 Section 601, Water Line Improvements Pages 1 - 13 Section 701, Excavation, Trenching, and Backfilling Pages 1 - 5 Section 840, Traffic Paint Pavement Markings Pages 1 - 7 Section 902, Adjustment of Existing Structures Pages 1 - 3 Section 904, Riprap Pages 1 - 3 Section 905, Guard Rail Pages 1 - 3 Section 906, Handrail Pages 1 - 2 H -W JOB NO. WA -91-01 i . 25 92 14' 1 5U1 575 6257 C1ty of Faye OU2 L L ' ADVERTISEMENT FOR BIDS Bid Number 92-31 City of Fayetteville, Arkansas Job No. WA -91-01 ' Separate sealed bids for the construction of: ' Schedule I, Section I - Quadruple 1C'x5'x40' Reinforced Concrete Box Culvert on 54th Street Schedule I, Section II - Double 8'x5'x45' Reinforced Concrete Box Culvert on Sang Avenue •' will be received by the city of Fayetteville, Arkansas, at the Purchasing Office, City Administration 3uilding, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 2:00 p.m. local time on August 13, 1992, and then at said office publicly opened and read aloud. The CONTRACT DOCt'+AENTS including the information for bidders may be examined at the following locations: City of Fayetteville - Engineering Department, City Administration ' Building, 113 West Mountain, Fayetteville, AR Hawkins -Wier Engineers, Inc.. 411 Fayetteville, Road, Van Buren, AR Copies of the CONTRACT DOCUMENTS including the information for bidders may be obtained at the office of Hawkins -Wier Engineers, I Inc., located at 411 Fayetteville Road, Van. Buren, Arkansas, 72956, phone 501-474-1227, upon payment of $100.00 for each set, non- refundable. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities deemed to be in the best interest of the City of Fayetteville. Ii Ii I BIDS will be received by city of Fayetteville, Arkansas, (herein called the "OWNER") at Engineering Department, City Administration Building, 113 West Mountain, Fayetteville, Arkansas, until 2:00 P.M. (local time) August 13, 1922, and then at said office publicly opened and read aloud. Each BID must be submitted in a sealed envelope, addressed to the City of Fayetteville, Engineering Department, City Administration Building, 113 West Mountain, Fayetteville, Arkansas 72701. Each sealed envelope containing a BID must be plainly marked on the outside as BID for water system improvements and the envelope should bear on the outside the BIDDER'S name, address, and license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the OWNER at 113 West Mountain, Fayetteville, Arkansas 72701. All BIDS must be made on the required BID form. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form must be fully completed and executed when submitted. Only one copy of the BID form is required. The OWNER may waive any informalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BID received after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual date of the opening thereof. Should there be reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER. BIDDERS must satisfy themselves of the accuracy of the estimated quantities in the BID schedule by examination of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature of the WORK to be done. The OWNER shall provide to BIDDERS prior to BIDDING, all information which is pertinent to, and delineates and describes, the land owned and rights -of -way acquired or to be acquired. The CONTRACT DOCUMENTS contain the provisions required for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve the CONTRACTOR from fulfilling any of the conditions of the contract. Each BID must be accompanied by a Bid bond payable to the OWNER for five percent of the total amount of the BID. As soon as the BID prices have been compared, the OWNER will return the BONDS of all except the three lowest responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment BOND and performance BOND have been ' H -W JOB NO. WA -91-01 1 I executed and approved, after which it will be returned. A certified check may be used in lieu of a BID BOND. A performance BOND and a payment BOND each in the amount of 100 percent of the CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract. Attorn.eys-in-fact who sign BI❑ BONDS or payment BONDS and performance BONDS must file with each BONE a certified and effective dated copy of their power of attorney. The party to whom the contract :s awarded will be required to execute the Agreement, and obtain the performance BOND and payment BOND within ten (10) calendar days from the date when. NOTICE OF AWARD is delivered to the BIDDER. The NOTICE OF AWARD shall be accompanied by the necessary Agreement and BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may consider the BIDDER in default, in which cane the BID BOND accompanying the proposal shall become the property of the OWNER. the OWNER within thirty 130) days of receipt cf acceptable performance BON➢, payment BOND and Agreement signed by the party to whoa. the Agreement was awarded shall sign the Agreement and return to such party an executed duplicate of the Agreement. Should the OWNER not execute the Agreement within such period, The NOTICE TO PROCEED shall be issued within ten (10) days of the execution of the Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period, the time may be extended by mutual agreement between the OWNER AN➢ CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the ten. 11O) day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. If requested by the OWNER, the BIDDER must present satisfactory evidence that he has been regularly engaged in the type of work BID upon, giving the length of time so engaged, and that he is fully prepared with the necessary capital, material, machinery, and expert workmen to perform the contract. Such evidence shall include references from previous work of comparable type and size including the nacre, address, and telephone number of the OWNER and the design ENGINEER. Such prequalif:cation may be req',:ired prior to the release of BID documents to the prospective BIDDER. the BIDDER may by WRITTEN NOTICE withdraw the signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the OWNER. The attention of prospective BIDDERS is directed to Act :so of the 196'_ Acts of Arkansas, being an "Act Regulating the Practice of Contracting in the State of Arkansas". When the project presented for BID is financed .n whole with State funds and is estimated to cost $20,COO.OC or more, the prospective BIDDER must show evidence of license with the "Contractor's Licensing Board" for the State of Arkansas before a proposal form will be furnished. The OWNER may make such investigat.ons as deemed necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence ' H -W JOB NO. WA -91-C1 2 INFORKATION FOR BIDDERS I ' submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that such BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated therein. ' A conditional or qualified BID will not be accepted. ' Award will be made to the lowest responsible BIDDER. All applicable laws, ordinances and the rules and regulations of all ' authorities having jurisdiction over construction of the PROJECT shall apply to the contract throughout. Each BIDDER is responsible for inspecting the site and for reading and ' being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve any BIDDER from any obligation in respect to its BID. Further, the BIDDER agrees to abide by the requirements set forth in the SUPPLEMENTAL GENERAL CONDITIONS and the SPECIAL CONDITIONS. ' The low BIDDER shall supply the names and addresses of major material SUPPLIERS and SUBCONTRACTORS when required to do so by the OWNER. The OWNER reserves the right to reject the use of subcontractors proposed. The ENGINEER is Hawkins -Weir Engineers, Inc. The ENGINEER'S address is 411 Fayetteville Road, Van Buren, Arkansas 72956 (501-474-1227). 11 I LJ I I [ L ' END OF INFORMATION FOR BIDDERS B -W JOB NO. WA -91-01 3 INFORMATION FOR BIDDERS PROPOSAL PLACE Fayetteville. Arkansas DATE August 13, 1992 Proposal of Jerry D. Sweetser. Inc. a corporation organized and existing under the laws of the State of Arkansas ; a partnership consisting of an individual trading as TO: CITY OF FAYETTEVILLE, ARKANSAS CITY ADMINISTRATION BUILDING 113 WEST MOUNTAIN FAYETTEVILLE, ARKANSAS 72701 SCHEDULE I DRAINAGE SYSTEM IMPROVEMENTS The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of Schedule I, at and for the basic lump sum of One Hundred Nineteen Thousand Four Hundred Thirty - Eight & 50/100 Dollars ( 5119.438.50 ). It is understood that the Lump Sum Proposals, in addition to all other work includes all Variable Quantities listed in the Proposal in the amounts so listed. The Variable Quantities given in the Proposal are for the purpose of comparing bids only, and the basic lump sum proposal will be adjusted in the final settlement for variation in these quantities at the following unit prices: SCHEDULE I. SECTION I BOX CULVERT ON 54TH STREET UNIT PRICES FOR VARIABLE QUANTITIES Item Quantity Unit Amount No. and Unit Description Price of Bid 1. LS Clearing & Grubbing One Thousand $ 1,000.00 $_11000.00 Dollars - per lump sum 2. 3 EA Clear & Grub Tree One Hundred $ 100.00 $ 300.00 Dollars - per each H -W JOB NO. WA -91-01 1 Item Quantity Unit Amount No. and Unit Description Price of Bid 3. LS Grading Five Thousand One Hundred Eighty S 5.180.00 $ 5.180.00 Dollars - per lump sum & no/100 , 4. LS Removal & Disposal of Existing 14'x23' Concrete Bridge Structure One Thousand Two Hundred & no/100 $ 1,20C.00 $ 1,200.00 Dollars - per lump sum SA. LS Construct Cast -In -Place Quadruple 10'x5'x37'-6" Reinforced Concrete Box Culvert Including all Wingwalls, Concrete Parapet Wall. Forty -Five ^housand & no/100 $45.000.00 $45.000.00 Dollars - per lump sum 5B.' LS Furnish & Install Pre -Cast Quadruple 10'x5'x37'-6" Box Culvert Including all Wingwalls, Concrete Parapet Wall. No Bid $ No Bid $ No Bid Dollars - per lump sum 6. 25 CY Furnish & Instal: 8" Crushed Stone Base Course, to Specified Compaction Reo_'.irements Twenty & no/100 $ 2C.00 $ 500.00 Dcllars - per cubic yard 7. 10 GAL Furnish & Install Prime Coat Ten. & no/100 $ 10.00 S 100.00 Dollars - per gallon 8. 65 GAL Furnish. & Install Tack Coat Ten & co/100 $ 1C.00 $ 650.0C Dollars - per gallon 9. 180 TON Furnish & Install Type III Hot Mix Asphalt Ccncrete Pavement Forty & nc/300 $ 40.00 $ 7.200.00 Dollars - per ton E -W JOB NO. WA -91-0: 2 PROPOSAL Item Quantity Unit Amount No. and Unit Descrivtion Price of Bid 10. 25 SY Furnish & Install Concrete Sidewalk, 6" Thickness Eighteen & no/100 $ 18.00 $ 450.00 Dollars - per square yard 11. 43.5 LF Furnish & Install Handrail Twenty -Five & no/100 $ 25.00 $ 1,087.50 Dollars - per linear foot 12. 50 LF Furnish & Install Type A Guard Rail Thirty -Seven & no/100 _$_37.00$_1,850.00 Dollars - per linear foot 13. 415 LF Grade Ditch to Drain Seven & 25/100 $ 7.25 $ 3,008.75 Dollars - per linear foot 14. 18 LF Furnish & Install 15" RCP, Class III Forty & no/100 _$_40.00$ 720.00 Dollars - per linear foot 15. 60 CI Furnish & Install Riprap, Type I, Complete w/ Filter Fabric Forty -Five & no/100 _$_45.00$_2,700.00 Dollars - per cubic yard 16. 196 LF Furnish & Install 8" Class 50, Ductile Iron Water Pipe w/ Polyethylene Encasement and Granular Bedding Twenty -Seven & no/100 $ 27.00 $ 5.292.00 Dollars - per linear foot 17. 50 LF Furnish & Install 12" Steel Encasement Underneath Box Culvert Twenty _& no/100 _$_20.00$_1,000.00 Dollars - per linear foot 18. 2 EA Cut & Tie Proposed 8" Ductile Iron Water Pipe Into Existing 8" Water Line Five Hundred & no/100 $ 500.00 $ 1.000.00 Dollars - per each H -W JOB NO. WA -91-01 3 PROPOSAL Item Quantity Unit Amount No. and Unit Description Price of Bid 15. 244 LF Furnish & Place Traffic Paint Pavement Markings One &no/IOC $ :.00 $ 244.00 Dollars - per linear foot TOTAL BASIC CONTRACT PRICE - SCHEDULE :, SECTION I $ 78,482,25 SCHEDULE I. SECTION II BOX CULVERT ON SANG AVENUE UNIT PRICES FOR VARIABLE QUANTITIES Item Quantity Unit Amount No. and Unit Description. Price of Bid 1. LS Clearing & Grubbing Five Hundred & no/100 $ 503.00 $ 5C0.00 Dollars - per lump sum 2. 2 EA Clear & Grub Tree One Hundred & no/100 5 100.00 $ 200.00 Dollars - per each 3. LS Grading Three Thousand Six Hundred & no/l0C S 3.600.00 $ 3.600.00 Dcllars - per lump sum 4. LS Removal & Disposal of Existing 6' Diameter Steel Drainage Culvert Five Hundred & no/10C $ 50C.0o $ 503.00 Dollars - per lump sum 5A.* LS Construct Cast -In -Place Double 8'x5'x43'-5" Concrete Box Culvert Including all Wingwalls, Concrete Parapet Wall. Nineteen Thousand Two Hundred Fifty $19.250.00 $19.250.00 Dollars - per lump sum & no/1CO SB.* LS Furnish & Install Pre -Cast Double 8'x5'x43'-5" Box Culvert Including all Wingwa.11a, Concrete Parapet Wall. No Bid $ No Bid $ No Bid Dollars - per lump sum H -W JOB NO. WA -91-01 4 PROPOSAL ' Item Quantity Unit Amount No. and Unit Description Price of Bid ' 6. LS Construct Reinforced Concrete Transition Culvert One Thousand Three Hundred & no/100 $_1.300.00 $_1,300.00 Dollars - per lump sum 7. 10 GAL Furnish & Install Prime Coat ' Ten & no/100 $ 10.00 $ 100.00 Dollars - per gallon B. 55 GAL Furnish & Install Tack Coat Ten & no/100 $ 10.00 $ 550.00 'Dollars - per gallon 9. 95 TON Furnish & Install Type III Hot Mix ' Asphalt Concrete Pavement Forty & no/100 $ 40.00 $ 3.800.00 ' Dollars - per ton 10. 13 SY Furnish & Install Concrete Driveway, 6" Thickness Twenty -Four & no/100 _$_24.00$ 312.00 Dollars - per square yard ' 11. 90 SF Furnish & Install Concrete Sidewalk, 6" Thickness Two & no/100 _$_2.00 $ 180.00 Dollars - per square foot 12. 18 LF Furnish & Install Handrail Twenty -Five & no/100 _$_25.00$ 450.00 ' Dollars - per linear foot 13. 65 LF Grade Ditch to Drain ' Seven & 25/100 _$_7.25$ 471.25 Dollars - per linear foot ' 14. 6 LF Furnish & Install 18" RCP, Class III Forty & no/100 _$_40.00$ 240.00 Dollars - per linear foot H -W JOB NO. WA -91-01 5 PROPOSAL 1 :tern Quantity Unit Amount No. and Unit Descr:ntion Price of Bid 15. 1 EA Furnish & Install 18" Standard End Section Five Hundred & no/100 $ 500.00 $ 5C0.00 Dollars - per each 16. 50 LF Furr.ish & Install Type A Guard Rail Thirty -Sever. & nc/lCC $ 37.00 $ 3.8'-0.0C Dollars - per linear foot 17. 60 CY Furnish & Install Riprap, Type I. Complete w/ Filter Fabric Forty -Five & no/bOC $ 45.00 $ 2.700.00 Dollars - per cubic yard 18. 60 LF Furnish & Install 8" Class 50, Ductile Iron Water Pipe w/ Polyethylene Encasement and Granular Bedding Twenty -Seven & no/100 $ 27.0C $ 1.620.00 Dollars - per linear foot 19. 1 EA Relocate Existing 8" M.C. Gate Valve Complete w/ Box, & Concrete Ccllars Six Hundred & nc/100 $ 600.CO $ 60C.00 Dollars - per each 2C. 25 LF Furnish & Install 12" Steel Encasement Underneath Box Culvert Twenty & no/100 S 20.00 $ 500.00 Dollars - per linear foot 21. 2 EA Cut & Tie Proposed 8" Ductile Iron Water Pipe Into Existing 8" Water Line Five Hundred & no/100 $ 500.00 $_1.000.0C Dollars - per each 22. 2 EA Adjust Manhole Ring & Cover to Grade One Hundred & no/1C0 $ ]00.00 $ 200.00 Dollars - per each 23. 1 EA Adjust Gate Valve Box to Grade One Hundred & no/lCO $ 100,00 $ 100.00 Dollars - per each H -W JOB NO. WA -91-01 6 PROPOSAL Item Quantity Unit Amount No. and Unit Description Price of Bid 24. 3 CY Furnish & Install Concrete Encasement Seventy -Five & no/100 $ 75.00 $ 225.00 Dollars - per cubic yard 25. 208 LF Furnish & Place Traffic Paint Pavement Markings one & no/100 $ 1.00 $ 208.00 Dollars - per linear foot TOTAL BASIC CONTRACT PRICE - SCHEDULE I, SECTION II $ 40.956.25 TOTAL BASIC CONTRACT PRICE - SCHEDULE I, SECTION I $ 78.482.25 TOTAL BASIC CONTRACT PRICE - SCHEDULE I $ 119,438.50 Bidders must bid Schedules in their entirety including all Sections. The total basic contract price shall reflect the cost of the least costly alternatives. Include only the lesser amount of bid for Item 5A or 5B in Schedule I, Section I; and the lesser amount bid for Item 5A or 5B in Schedule I, Section II. The OWNER reserves the right to reject any and all bids. The OWNER may award a contract for Schedule I, Section I or Schedule I, Section II, or both. The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all conditions surrounding construction of the proposed project, including the availability of material and labor, hereby proposes to furnish all equipment, labor, material, and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this Proposal is a part. The undersigned further agrees, if awarded the Contract for Schedule I, the Contractor will begin work within ten (10) calendar days following the issuance of a written work order and will fully complete all work within 105 consecutive calendar days after the date of the Notice to Proceed. Should the Contractor for Schedule I fail to complete the work within the stated time, he shall pay the OWNER as fixed, agreed, and liquidated damages, the sum of $150.00 per day for each consecutive calendar day of delay until the work is completed or accepted. If only one Section of this contract is awarded, the completion time will be 75 consecutive calendar days instead of 105 days. The undersigned submits the following subcontractors for use if the contract is awarded. The Owner shall have the authority to reject the use of any subcontractor. H -W JOB NO. WA -91-01 7 PROPOSAL I: SUBCONTRACTORS NAME ADDRESS CONTRACTOR'S L:CENSE NUMBER Additional time is allowed for delays as stipulated in the Contract 1 Documents. The undersigned acknowledges receipt cf the following Addendum.: One For changing quantities of work items from those indicated by the Contract Documents, upon written instruction from the Engineer, the above unit prices as given in the Proposal shall prevail. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, bonds, etc., to cover the finished work of the various 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. The bidder does agree that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receipt of bids. Jerry D. Sweetser. Inc. bylle�a^+/C SEAL: If Bidder is a Corporation EN❑ CF PROPOSAL President Title 590 West Poplar Favetteville. Arkansas 72703 Business Address (5011 443-3026 Telephone L1-C3b Arkansas License Number n I I I I II II 11 H -W JOB NO. WA -91-01 8 PROPOSAL II I I I day of I F I I I I U I Ii I I I I CONTRACT AGREEMENT THIS CONTRACT AND AGREEMENT, made and entered into this 19_, by and between the City of Fayetteville, Arkansas Party of the First Part, acting through its duly authorized representative, and Jerry D. Sweetser, Inc. Party of the Second Part. WITNESSETH: That for and in consideration of the payments to be made as hereinafter set forth, the Party of the Second Part hereby agrees to furnish all tools, labor, equipment, materials and supplies required to be furnished and to perform the work for Drainage System Improvements. City of Fayetteville, Arkansas in exact accordance with the Plans on file at the office of said Party of the First Part and Specifications, Proposals, Stipulations and Special Provisions attached hereto and made a part hereof as fully as. though copied herein, under the direct supervision and to the entire satisfaction of the Party of the First Part and in accordance with the laws of the State of Arkansas. 2. It is further agreed and understood by and between the Parties hereunto that the Party of the First Part agrees to pay and the Party of the Second Part agrees to accept as full and final compensation for all work done or materials furnished under this agreement, the lump sum amount adjusted for variation of quantities at the unit prices named in the Proposal which is hereto attached, such payment to be made in lawful money of the United States, at the time and in the manner set forth in the Specifications. 3. The Party of the Second Part agrees, for the consideration above expressed, to begin and complete the work within the time specified in the Proposal. If the Party of the Second Part shall fail to complete the work in the time specified he shall pay to the Party of the First Part, as liquidated damages, ascertained and agreed, and not in the nature of a penalty, the sums set forth in the Proposal, which shall be deducted from the final amount to be paid under this contract, provided that extensions of time with waiver of liquidated damages, may be granted as provided for in the Specifications. 4. The Party of the Second Part agrees to be responsible for repairs on any of the improvements covered herein due to faulty workmanship and/or materials for a period of one year beginning at the time of acceptance of the improvements by the City of Fayetteville. All improvements shall be made in conformance with Specifications and are subject to the approval of the city of Fayetteville. I H -W JOB NO. WA -91-01 1 I 5. The Party of the Second Part agrees, also to carry Public Liability Insurance, Property Damage Insurance and workman's Compensation Insurance in amounts as required in these Specifications. WITNESS OUR HAS THIS ,': DAY OF -/ '.' ND - , :9 ./L WITNESS: WI WITNESS: Corporate Seal here (if any) City of Favettevi.le, Arkansas (Owners By: 1'. (Title) City Administration Building 1:3 West Mountain (Address) Favettevil:e, Arkansas 72701 Jerry D. Sweetser. :nc. (Ccn a torte Byt President (Title) 590 West Porlar (Address) Fayettevi:le. Arkansas 72703 END OF CONTRACT AGREEMENT H I I L C 11 I L I I I I I I L I I H -W JOB NO. WA -91-01 2 CONTRACT AGREEMENT ' I U I [1 I I I I I •.. . . .. :::. 'r Ar .: iM • , : r M .:.e:e 4 o Sv\dun UNITED STATES FIDEL ARANTY COMPANY , US "e �' ) BID BOND BONDNUMBER........................................................................................ KNOW ALL MEN BY THESE PRESENTS: ::. THATJerry...D...._Sweetser..Inc.............................. .................. ...._.._.......................-_............................................................................ �. of .........Fssyetteuills.,....Artier.,s:s....................................... .................................................................................................................... as Principal r and UNITED STATES FIDELITY AND ............................................................................................................................................................. GUARANTY COMPANY, a Maryland corporation, as Surety, are held and firmly bound unto .....City,.,of...Fayetteville -� :,. .......1 )aASa9.................................................................................................................................................................................................................. Five Percent (5%) of Bid asObligee, in the full and just sum of.............................................................--............................................................................................................. ::" .................................................................................................................................................................................................................................. Dollar, .,l iz lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, 3I administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal is herewith submitting its proposal for furnishing all labor and materials for Drainage system improvement, Sang Avenue and 54th Street, Fayetteville, Arkansas, Project#HW WA -91-01, in accordance with plans and specifications by T. Hawkins, Weir Eng., Inc., Van Buren, Arkansas. THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the 1 . time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of ,. the contract, then this obligation to be void: otherwise the Principal and Surety will pay unto the Obligee the difference in money between i the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. h' i G• 1 ..� Signed, sealed and delivered .....Is.Lg.U.S.t....7r,3.A....19S.2........ I � (Date) Jerry Inc. (BEAU ............. :` .,_D...•„Sweetse.. / .....g.A.. .............. � .......................... (SEA ...1 President UNITED STATES FIDELITY AND GUARANTY COMPANY i ............................... t....I.n....... _......,..................................... Attorney -in -fact Robert M. Davis �_.. f. .. ... ..".. r. :'. CERTIFIED COPY GENERAL POWER OF ATTORNEY No. -100117 ------ Knew elf Men bg these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland. and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert M. Davis of the City of FWiettt fle , State of Aromas its true and lawful attorney in and for the State of Arirsas for the following purposes, to wit: To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY COMPANY. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Director&. hereby ratifies and confirms all and whatsoever the said Robert M. Davis may lawfully do in the premises by virtue of these presents. In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vics-Presidsut and Assistant Secretary, this 31st day of Deoeober , A. D.19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. (Signed) (SEAL) (Signed) STATE OF MARYLAND. r: BALTIMORE CITY. B,... W.J,D...t� .... .. ..... 'r .................... Vice.President. Douglas R. Boren ....................................lawman............. Stereroy. On this 31st day of Decay ,A. D. 1987. before me pmsotaly came W.J.D. sasy lls, Jr. . Via -President of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. Baoten . Assistant Secretary of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. SazerviUe, Jr. and Douglas R. Boren were respectively the Vice-Presideut and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; tkat they each knew the seal of said corporation; that the seal affixed to said Power of Attrssy wr such erpmsse seal. that It -- so fixed by order of the Board of Directors of said corporation. and that they signed their names thrato by like a des as Vice -President and Assistant Secretary. respectively, of the Company. ga My commission expires the first day in July. A. D. 19.. 14. art (SEAL) (Signed)............................................................ Notary PaMie. .. R ] (147) • - a• _ r. •A anna+S 1+_•^K, • 7rfa•sQJ a0 ANVdKOD A1NVIIV,TO 0NV AZMOI3 S31V15 Q31INf1 sell to 1131 aq3 pa. pasq Lm 1a. oicwaq sssq ; '/owagb Mrouryrej u1 -fanaom pen }o saloatm 091 m paps' a Joaa91 a;ogw aq1 Pill 'nonulosu ppu Jo Aden lasuw par ann ■ st farofuoj aq1 .q1 Poo 9ussasd nr uo1aanQ }o pang Sc }o mannb a fallsam q t4M 11 '1951 sagmas0N }o Lrp y SZ oqu ail 'uomgr*g 10 4rO aql vs Lurdma] aq1 Jo wyo aqu . 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'vandtlgo roovsrrdoaal 'pcoq qam An m sot popuwd aq Inc ya!ga suonlpuaa Am sa fwwyiLul Jo lmop IOU so foiop og11aJ paaaprpom 'sauo.uegr sagmsdea Ip pm Ace at 'sa4soulgw co!lmtnfao +o vonnoosn aqm to L1!JrdpIunm Ia1alm a,5a 'Lpoq 'aonuod.lw 'naiad a aouad An sal so Lq 10 aonaatwd an Lluaaas aqu so} popsoau so palg pa1d0wr'paapaal vayf wllm 1psm'paltassa aq at patmusad a pannbu 'parole sq ' stuaglo to pdararm Tsai] •=gio so =go 'uo!tsnudso 'Lpoq paoq AM J0 oo.nnrp 10 aa!laud smolsm 'uapa 'saogslnfu Yalta sip Aq a YPrur- JO savalnal .o n uru ad ags 1s ail ulviS psusfl 341 Jo Lsolual JO a1nS Am ra so n.lS Paean *I 10 elms Las Aa so 'aotragm a ledta!mm wll Lq A1m so an gntgr an aq1 Jo Jag1n 10 3Ja11a aq1 ur .aagt[u1 so dm;euapau Yastlrlrrdns ccondfl4o 'ooamufoau tipaoq if. pm Am to sumlcpow aqt aatmlarnf parr amaala o1 nasty sa loafs so ialJ-at-/Callous so hoaaul su n pm anra SE of'aa}y pm 'PS*Otte rrl Lq so dutpa00md a suave Rr at plumed so pannbu 'dunlnnpc1 pal rpuoq fvaswuld m lmmaasa pas wmtlod aaaamsm asgt ague rlalnaw }o naoema}aod aq1 I tsrnlad • nn aloud so allqud 10 sag ad swploq naiad Jo Utryp9 aq1 faramva.d moulaw tlo pas Las aastlap pm nvaaaa 01 Yae n! n pm aarsu nt are 'Aardaarj p!. Jo 1ta 1 ail iu331 a ,aj-ar+Lsum»r a Laawps a saoaad so naiad Aar lmodds m J. aasodsw Si! sap® Vannaaa5 1oelrtny sq J0 se m LmamsS Si! la annoavloao m mapped '°4a n! 10 aqua m tmptsald nt nasndwa put nuogtas slip Agaaq 11 put 0p A•Mw) Iqu P41 'taalsaay JJ a4 `as.PWj :eporwo 10 satsottsal pas ssavuosd aqi m pas sams Paltun aqn Jo sauoltsnl aq1 m Pm 'parTCss1K S M' agn snnS q smea sit at pv■ 1t sot ne v1 Auuotpm pas aalod qua .Coosa.. pas rude laroddn Lasdaw3 s!qu )sell nomsnq Jo nonalsoln lsnmaya aq1 n} Lfla '11! arag,j ,mu NOLLn1O8d8 3o MOO 15 Ali: i : •i, ;. 1 ..' e Ii I J 1l 1 I7 as Principal, hereinafter called Principal, and United States Fidelity & Guaranty Conoany , a corporation organized and existing under the laws of the State of Itryland and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held and firmly bound unto City of Fayetteville, Arkansas as Obliges, hereinafter called Owner, in the amount of One Hundred Nineteen Thousand Four Hundred Thirty -Eight & 50/100 Dollars ($119,438.50 ), for payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, •jointly and severally, firmly by these presents. Principal has by written agreement dated a contract with Owner for Drainage System Improvements, Arkansas Sang Avenue & 54th Street which contract is by reference made a part hereof, and is hereinafter referred to as the contract. entered into City of Fayetteville, THE CONDITION OF THIS OBLIGATION is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the owner from all cost and damage which he may suffer by reason of failure so to do and shall fully reimburse and repay the Owner all outlay and' expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly And severally, under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner, unless it is brought in accordance with A.C.A. Section 22- 9-403 (b) and A.C.A. Section 18-44-503 (b)''(Supp. 1987) as amended. No suit, action or proceeding shall be brought by the Owner after two years from the date on which final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the surety or Sureties of any such alteration, extension or forbearance being hereby waived. a .1:'"i 1151': '::j;e Iy ': h•,•: ...n •.-.in .. .. 1•. j. �1 �l�'t ll rile"11'1 r�1 .ri:'..I I(:i {f )1 ._ .r 1. ...' .,•. !,��' r .b r .. H -W JOB NO.'WA-91-01 1 I' In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this day of `lg'' :'•.ifs a Principal Bp Plesiden United States Fidelity & Guaranty Co. Surety Attorney -in -Fact Fayetteville, AR 72702 Address ' rr ..(i(J rN •. r' r ; L ..i I 1 :[fir t.I i• . i r i\ rr 111 rI; . iY/ ,.t• , ; •-.r\ . • ; 1 :1.1 rl•..' it . r is .1 1 ,, I 1.. .f. .l lLr .,: .r . . III. . - . .1. \. r ) .Ill I'•i .: .r I.- I:.r a .1 1: rl. i/.1 . • • .11 •..1; ]s,:: r� .-,' . .`:,• a "•It r;:. ♦rr yl].rlrlJ♦ V.... •a1.G '-I 11. 1 1:1... ,.(.i .•.• ..� i (.:l •i'Il. I.. - .I IV 111. ♦.i ;' I is •.i .•.' •I'.Y .. ,.1.1..1 'r ........... J1' ... . ..•; r NOTE: .IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND I- II.. • . i 1' r.,. 011. END OF ARKANSAS PERFORMANCE AND PAYMENT BOND H -W JOB NO. WA -91-01 2 ARKANSAS PERFORMANCE AND,. PAYMENT BOND ICERTIFIED COPY GENERAL POWER OF ATTORNEY Na- -100117 ---------- ' Know all Men bg these Presents: That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Robert M. Davis of the City of ftetteville , State of Arka[IBas its true and lawful attorney in and for the State of Arkansas for the following purposes, to wit: To sign its same as surety to and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and ' all am and thiap set forth in the resolution of the Board of Director of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, a certified copy of which is hereto annexed and made a pan of this Power of Attorney; and the said UNITED STATES FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said Robatt Me Davie i may lawfully do in the premises by virtue of these presets. ' — In Wusese Wbereot, the rid UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be scaled with its corporate seal, duly attested by the signatures of its Vice -President and Assistant Secretary, this 31St day of Dsoeltsr , A. D.19 87 UNITED STATES FIDELITY AND GUARANTY COMPANY. ' (Signed) egr... Wv!7tDr..^S.. 1.. ... r.. r .................... Vice -President. .. ' (signed) (SEAL) Douglas R. Baez M39 s. R ..... ..4 .......... ........ ..Assfsoor Secretary. ' STATE OF MARYLAND. t f r: BALTIMORE CITY. ' on this 31St day of DeOerJW .A. D. 1987, before me personally came WoJ.D. Sat rvillea Jr. . VicePresident of the UNITED STATES FIDELITY AND GUARANTY COMPANY and Douglas R. BOWM %aaistant Secretary of said Company. with both of whom I am personally acquainted, who being by me severally duly sworn, said that they, the said W.J.D. Satsrvtue, Jr. ' and DOuglai R. Bolles were respectively the Vice -President and the Assistant Secretary of the said UNITED STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal axed to said Power of Attorney was suck corporate seal, that it was so fixed by order of the Board of Directors of said corpratlsa. and that they signed their names thereto by like order as Vice -President ' and Assistant Secretaryrespectively, of the Company. My commission expires the firm day in July. A. D.19. Me m '.t ' (SEA!.) (Signed) .................................................... . ... Notary Pnbffc. 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Box 4217 ' Fayetteville, AR 72702 COMPANIES AFFORDING COVERAGE COMPANY LETTER A USF&G COMPANY INSURED LETTER Jerry D. Sweetser, Inc. COMPANY 590 West Poplar LETTER C ' Fayetteville, AR 72703 COMPANY LETTER D COMPANY LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE EFCTIVE POLICY EXPIRATION LIMITS in DATE (MMIDDIYY) DATE (MMIDOM') GENERAL LIABILITY GENERAL AGGREGATE $ fl1 00o T o00 X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. $ CLAIMS MADE X OCCUR. 1CP30001039201 10/30/91 10/30/92 PERSONAL & ADV. INJURY $ 1,000,000 OWNER'S A CONTRACTOR'S PROT. EACH OCCURRENCE $ 1,000, 000 FIRE DAMAGE (Any one fire) $ 50:000 MED. EXPENSE (My are Person) S 5000 AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT S x 1CP30001039201 10/30/91 10/30/92 1,000,000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) GARAGE LIABIUTY PROPERTY DAMAGE $ EXCESS LIABILITY EACH OCCURRENCE $ 2, 000, 000 x UMBRELLA FORM 1CP30001039201 10/30/91 10/30/92 AGGREGATE A 2, 000, 000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS EACH ACCIDENT $ 100,00 AND 0 EMPLOYERS' LIABILITY 3902852917 10/30/91 10/30/92 DISEASE -POLICY LIMIT $ 500,000 DISEASE -EACH EMPLOYEE S 100.000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSARENICLESBPECIAL ITEMS Hawkins -Weir Engineers, Inc. Waned as additional insured. CERT City of Fayetteville, Arkansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City AdRlinistration Building EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 113 West Nbuntain MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Fayetteville, AR 72701 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD " I r' , OACo w 0.0RP0RATI0N I I This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. I I 1 1 1 I. 1 1 Y t GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By `MN Ey VAMERKAJ .� a -I a A a C• N N e�� PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910.8-A-1 or 19108-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. EJCDC No. 19168 (1990 Edition) Reprinted 5)91 I 1 '1 O 1990 National Society of Professional Engineers 1420 King Streit, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington. DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Consiruction Specifications Institute 601 Madison Si,, Alexandria, VA 22314 I 4 1 I. 1 1 r1 TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title N I. DEFINITIONS ................................... 1.1 Addenda ............................. 1.2 Agreement ........................... 1.3 Application for Payment .............. 1.4 Asbestos ............................. 1.5 Bid ................................... 1.6 Bidding Documents ................... 1.7 Bidding Requirements ................ 1.8 Bonds ................................ 1.9 Change Order ........................ I.10 Contract Documents .................. 1.11 Contract Price ........................ 1.12 Contract Times ....................... 1.13 CONTRACTOR ...................... 1.14 defective ............................. 1.15 Drawings ............................. 1.16 Effective Date of the Agreement ...... I.17 1.18 ENGINEER .......................... ENGINEER's Consultant ............. 1.19 1.20 I.21 1.22 Field Order ........................... General Requirements ................ Hazardous Waste ..................... Laws and Regulations; Laws or Regulations ........................ 1.23 1.24 1.25 1.26 1.27 1.28 1.29 Liens ................................. Milestone ............................. Notice of Award ...................... Notice to Proceed .................... OWNER ............................. Partial Utilization ..................... PCBs ................................. 1.30 1.31 1.32 1.33 Petroleum ............................ Project ............................... Radioactive Material .................. Resident Project Representative ....... 1.34 1.35 Samples .............................. Shop Drawings ....................... 1.36 1.37 1.38 1.39 Specifications ......................... Subcontractor ........................ Substantial Completion. Supplementary Conditions ............ 1.40 1.41 1.42 1.43 1.44 Supplier .............................. Underground Facilities ................ Unit Price Work ...................... Work ................................. Work Change Directive ............... 1.45 Written Amendment .................. 2. PRELIMINARY MATTERS ...................... 2.1 Delivery of Bonds .................... 2.2 Copies of Documents ................. 2.3 Commencement of Contract Times; 2.4 Notice to Proceed .................. Starting the Work ..................... Page 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 15 15 15 I5 15 Article or Paragraph Page Number & Title Number 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .......................... 2.8 Preconstruction Conference ........... 2.9 Initially Acceptable Schedules ......... 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................ 3.1-3.2 Intent ................................ 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies ...................... 3.4 Intent of Certain Terns or Adjectives .. 3.5 Amending Contract Documents ....... 3.6 Supplementing Contract Documents ... 3.7 Reuse of Documents .................. 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. 4.1 Availability of Lands .................. 4.2 Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. 4.2.4 ENGINEER's Review ................ 4.2.5 Possible Contract Documents Change . 4.2.6 Possible Price and Times Adjustments . 4.3 Physical Conditions —Underground Facilities ........................... 4.3.1 Shown or Indicated ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ...................... 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 5. BONDS AND INSURANCE ..................... 5.1-5.2 Performance, Payment and Other Bonds. 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 5.4 CONTRAC OR's Liability Insurance . 5.5 OWNER's Liability Insurance ........ 5.6 Property Insurance ................... 5.7 Boiler and Machinery or Additional Property Insurance ................. 5.8 Notice of Cancellation Provisions ..... 5.9 CONTRACIOR's Responsibility for Deductible Amounts ................ 5.10 Other Special Insurance ............... 5.11 Waiver of Rights ...................... 15 15 16 I6 16 16 17 17 17 17 17 17 17 17 I8 18 18 18 18 18 I8 19 19 IC: 20 20 21 21 21 21 Article or Paragraph Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds .......... ... ............ 5.14 Acceptance of Bonds and Insurance: Option to Replace ................ 5.15 Partial Utilirallon—Property Insurance ...................... 6. CONTRACTOR'S RESPONSIBILITIES ......... 6.1-6.2 Supervision and Superintendence . .... 6.3-6.5 Labor. Materials and Equipment ..... 6.6 Progress Schedule ................... 6.7 Substitutes and "Or -Equal" Items: CONTRAC'TOR'S Expense. Substitute Construction Methods or Procedures: ENGINEER'S Evaluation . ... .... 6.8-6 1I Concerning Subcontiacton. Suppliers and Others; Waiver of Rights ....... 6.12 Patent Fees and Royalties . ... ... 6.13 Permits ........... ... ............... 6.14 Laws and Regulations ..... ... ...... 6.15 Taxes ............. ................ . 6.16 Use of Premrses ........ ... ... ..... 6.17 Site Cleanliness ..... ................. 6.18 Safe Structural Loading .......... ... 6.19 Record Documents ...... ... ........ 6.20 Safety and Protection ..... ....... ... 6.21 Safety Representative . ... ........... 6.22 Hazard Communication Programs ..... 6.23 Emergencies .. ........ 6.24 Shop Drawings and Samples .......... 6.25 Submittal Procedures: CONTRACTUIR's Review Prior to Shop Drawing or Sample Submittal' 6.26 Shop Drawing & Sample Submittals Review h} ENGINEER ....... ... 6.27 Responsibility for Variation From Contract Documents ............ .. 6.28 Related Work Perfornxd Prior to ENGINEER's Review and Approval of Required Submittal% ... ......... 6.29 Continuing the Work ........ ... .... 630 CONTRACTOR'S General Warranty and Guarantee ... ....... 6.31-6.33 Indemnification ...... ........... ... 6.34 Survival of Obligations .............. 22 22 23 23 23 23 23 23 24 25 25 25 25 26 26 26 26 26 26 27 27 27 Article or Paragraph Page Nub bet & Tirl Change Orders ..... ................. 299 8.7 Inspections. Tests and Approvals ...... 29 8.8 Stop or Suspend Work. Terminate CONTRACTOR's Services ......... 8.9 Limitations on OWN ER's Responsibilities ..................... 8.10 Asbestos, PCBs, Pet oleum, Hazardous Waste or Radioactive Material ...... 8.11 Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 9.1 OWNER's Representative ............ 9.3 ProjectRepresentative ................ 9.4 Clarifications and lnierpretalions ...... 9.5 Authorized Variations in Work ........ 9.6 Rejecting Defective Work ............. 97-9.9 Shop Drawings. Change Orders and Payments ......................... 9.10 Determinations for Unit Prices ........ 9.11-9.122 Decisions on Disputes: ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 103 Work Nol Required by Contract Documents ... ............. ..... 10.4 Change Orders 10.5 Notification of Surety ........... ..... 2? ii. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price: Claim for Adjustment; 27 Value OfIhe Work ................. 11.4 Cost of the Work ................. ... 27 115 Exclusions to Cost of the Work ....... 116 CONTRACTOR's Fee ............... I 11.', Cost Records ......... ............... 227 11.8 Cash Allowances ..................... 28 11.9 Unit Price Work ...................... 28 28 7. OTHER WORK ..... ... .... ............ .. 29 7.1-7.3 Related Work at Site ............... .. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ... ... 29 8 I Communications to Contractor ... ... 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due.. .... ............ ... ... ... 29 8.4 Lands and Easements: Reports and Tests .. .... ... ........ ... ... . 29 8.5 Insurance ..... ........ ... .......... 29 12. CHANGE OF CONTRACT TIMES ............. 12.1 Claim for Adjustment ... ............. 12.2 Time of the Essence ......... ........ 12.3 Delays Beyond CONTRAC 1t)R's Control ........... ................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control ... ..... 13- TESTS AND INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK... .................... ................. 13.1 Notice of Defects .................... 13.2 Access to the Work ................... 13 3 Tests and Inspections: Contractor's Cooperation ... .................... Mi O 31 31 31 31 32 32 32 32 32 32 32 33 34 34 34 35 33 I SI 1 1 1 1 1 1 1 1 1 35 ,35 35 35 I 35 1 36 36 36 14 L 2 Article or Paragraph Number & Title N 13.4 OWNER's Responsibilities; Independent Testing Laboratory .... 13.5 CONTRACTOR's Responsibilities ..... 13.613.7 CoveringWork Prior to Inspection, Testing or Approval ................ 13.8-13.9 Uncovering Work at ENGINEER's Request ............................ 13.10 OWNER May Stop the Work ......... 13.11 Correction or Removal of Defective Work............................... I3.I2 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 13.14 OWNER May Correct Defective Work............................... 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................ I4.I Schedule of Values .................... 14.2 Application for Progress Payment ..... 14.3 CONTRACTOR's Warranty of Title ... 14.4-14.7 Review of Applications for Progress Payments ................. 14.8-14.9 Substantial Completion ............... 14.10 Partial Utilization ..................... 14.11 Final Inspection ...................... Article or Paragraph Number & Title N 14.12 Final Application for Payment ......... 14.13.14.14 Final Payment and Acceptance ........ 14.15 Waiver of Claims ..................... ,AI.FL• ............. 4. 4................ OWNER May Suspend Work ......... OWNER May Terminate .............. CONTRACTOR May Stop Work or Terminate ......4 ................... MISCELLANEOUS ............................. 17.1 Giving Notice ........................ 17.2 Computation of Times ................ 17.3 Notice of Claim ....................... 17.4 Cumulative Remedies ................. 17.5 Professional Fees and Court Costs Included ........................... EXHIBIT GC -A (Optional): Dispute Resolution Agreement (Optional) ..... GC -Al 16.1-16.6 Arbitration .................... GC -A1 16.7 Mediation ..................... GC -A2 LII INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of — Bonds and Insurance ... ................ ....4..... 5.14 defectirr Work ........ .... ........ 10.4.1, 13.13. 13.15 final payment . ......... ........ ........... 9.12. 14.15 insurance....................................... .... ..................... ... ... 5.14 other Work, by CONTRACTOR . 4.4.4...4........... 7 3 Substitutes and "Or -Equal" Items 44 .............4.4 6,7.1 Work by OWNER .... ............ ... . 2.5. 6.30, 6.34 Access to the— Iands. OWNER and CONTRACTOR responsibilities .................... ....... ... .... 4.1 site, related work .4..4.4..4 ... ........... .. Work. ....4..4....4.4 ........ .......... 13.2. 13.14. 14 9 Acts or Omissions—, Acts and Omisstons— CONTRA TOR 4 ........ ................ .6.9.1.9.13.3 ENGINEER .... 4...,4.4.4 ... ........ ... 6.20. 9.13.3 OWNER ............ .... ........ ... ... ... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ......... . (1.6. 1.10. 619) 1.1 Additional Property Insurances ......... ........... ... 5.7 Adjustments Contract Price or Contract Times .. ...... L5, 3.5, 4.1. 4.3 2, 4.51. 4.5.3, 9.4. 9.5, 10.2-10.4, 11. 12, 14.8, 15.1 progress schedule .......... ............ ........... 6.6 Agreement — definition of ........ ........ .. .. 1.2 All risk Insurance, policy form ..... .................. 5.6.2 Allowances. Cash .... ........ ............ .. ... . 11.8 Amending Contract lkrnments ... ... ........ ........ 3.5 Amendment. Written — in general ... 1.10, 1.45, 3, 5, 5,10. 5.12. 6.6.2. 6.8.2, 6.19. 10 I. 104. 11.2. 12.1. 13.12.2, 14.7.2 Appeal. OWNER or CO\TRAC'MR intent W .....................9.10.9.!!, 10.4. 16.2, 16.5 Application for Payment— definilion of ...... .... ........ ............ . ...... 1.3 ENGINEER's Responsibility ........ ................ 9.9 final pnymenl ....... ........ . 9.13.4. 9.13.5. 14.12-14.15 in general ......... ........ ... 2.8, 2.9. 5.6.4. 9.10, 15.5 Progress Payment .. ........................... 14.1, 14.7 review of .......... .... ............ ... ..... 14.414.7 Arbitration (Optional) .. .... ... ............ .... 16.1-16.6 Asbestos — claims pursuant thereto ....... ... ........... 4.5.2. 4.5.3 CONTRACTOR authorized to slop Work . ....... 4.5 definition of .... .... ............ ... .2 _. 2 OWNER responsibility for .......... .........4.5.1,8.10 possible price and times change ....... ... 4444 . 4.5.2 Authorized Variations in Work ... 4 .4 .... 3.6, 6.'_5, 6.27, 9.5 Availability of Lands ..... ........ ............ ... 4.1, 8.4 Award. Notice of ---defined ....... ............ ....... 125 Before Starting Construction ........ ............ 2.5-2.8 Bid—definil ion of .. . ,., ,.1,5 (1.1, 1.10, 2.3. 3.3, 4.2.6.4, 6.13, 11.43. 11.9.11 Arricie or Paragraph Number Bidding Documents —definition of ......... .. .. I.6 (6.8.2) Bidding Requirements —.definitions of ...... 1.7 (1.1. 4.2.6.2) Bonds — acceptance of ....... ..................... ......... 5.14 additional bonds . ............ 4 ............ 10.5. 11.4.5.9 Cost of the Work ............................. . .... 11.5.4 definition of .... .................................... I.8 delivery of . ............4444.................... 2.1. 5.D final application for payment .................14.12-14.14 general ...............1.10, 5.t-5.3, 5.13.9.13,10.5. 14.7.6 performance. Payment and Other , 1141...... , ..... 5.1-5.2 Bonds and Insurance —in general .........................5 Builder's risk "all risk" policy form ............ ...... 5.6.2 Cancellation Provisions, Insurance ...... . 5.4.11,, 5.8. 5.15 Cash Allowances ......... 11.8 ............ Cerlificate of Substantial Completion ........1.38. ............... 6.30.2.3. 14.8. 14.10 Certificates of inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11. 5.4.13, 5.6.5, 5.8, ..4444 .....46..44 .4 ................. 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances ...... ........ ................... 11.8 claim for price adjustment . .4 .1,4.2 4.2 6,4.5. 5.15, 6.8.2, 9.4. 9.5. 9.11, 10.2, 10.3, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRAC1OR's fee .... , .... .. .. 11.6 Cost of the Work general ............. ............ .........4. 11.4-11.7 Exclusions to .. ... ... ............................ 11.5 Cost Records ....... ............ 4....4.4........4. 11.7 in general ... ... ...... 1.19. 1.44, 9.11. 10.4.2, 10.4.3, I I Lump Sum Pricing ........ 4 . ....... 11.3.2 Notification of Surety ..... ......................... 10.5 Scope of .................. .................... 10.3-10.4 Testing and Inspection. Uncovering the Work ........ 13.9 Unit Pnce Work .....4 .......... 11.9 ................... Value of Work ..................................... I I.3 Change in Contract Times — Claim for lines adjustment .... 4.1, 41.6, 4.5, 5.15, 6.8.2, 9 4.9.5, 9.11. 10.2. 10.5. 12.1, 13.9, 13.13. 13.14. 14.7, 15.1. 15.5 Contractual lime limits ....... 12.2 ............... Delays beyond CONTRACPOR's control 12.3 ............ Delays beyond OWNER's and CONTRACTOR's con- trol4444.. ,4444.. ... ............ 44.4,,4...... 12.4 Notification of surely ............................... 10.5 Scope of change .............. ........ ....... 10.3-10.4 Change Orders -- Acceptance of Defective Work .......... .......... 13.13 Amending Contract Documents ......................3.5 Cash Allowances ...4...444...... ...4,4.......,.,. II.8 Change of Contract Price ...... ...................... I I Change of Contract Times ............................ 12 Changes in the Work.................................10 CONTRACTOR's fee ............................... 11.6 Cost of the Work ........... 4 ........ 4 ......... 11.4-11.7 I 'I ,t I. 1 1 1 I. 1 1 tl 1 Article or Paragraph Number Cost Records ....................................... II.7 definition of .......................................... 1.9 emergencies ........................................ 6.23 ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ................... 5.10, 5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions — Subsurface and . ..................................... 4.2 Underground Facilities ........................... 4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3, 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered b) ...........................I II.3 Changes in the Work .................................... 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10.2 Scope of change ............................... 10.3-10.4 Claims — against CONTRA( TOR .............................6.16 against ENGINEER................................6.32 against OWNER .................................... 6.32 Change of Contract Price ....................... 9.4, 11.2 Change of Contract Times ..........9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.1 1, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACIOR's Fee .............................. I I.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 Decisions on Disputes ......................... 9.11, 9.12 Dispute Resolution .................................. 16.I Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Noticeof ........................................... 17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability...................................5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.I I Substitute items .................................. 6.7.1.2 Time Extension ..................................... 12.1 Time requirements ............................ 9.II, 12.I Unit Price Work..................................11.9.3 Valueof ............................................ 11.3 Waiver of —on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ..........4........ 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications — Article or Paragraph Number general....................................6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion — Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ...............I4.13 -I4.14 Partial Utilization .................................. 14.10 Substantial Completion ................... 1.38, 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6.11 Conferences — initially acceptable schedules ......................... •preconstruction 2.9 ......................................2.8 Conflict, Error, Ambiguity, DiscrepancY— CONTRAL'IOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc................ 6.4 Continuing the Work ............................. 6.29, 10.4 Contract Documents — Amending........................................... 3.5 Bonds............................................... 5.1 Cash Allowances ................................... 11.8 Change of Contract Price ............................. II Change of Contract Times..... 12 Changes in the Work ........................... 10.4-10.5 check and verify ..................................... 2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of ........................................ 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................ 3 Insurance ............................................ 5.3 Intent............................................ 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedence .................................... 3.1, 3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof ............................................. 3.7 Supplementing....................................... 3.6 Termination of ENGINEER's Employment ...........8.2 Unit Price Work .................................... 11.9 variations.................................3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price — adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ............................................ II Decision on Disputes ............................... 9.11 definition of ........................................ I.II Contract Times — adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of ...................................... 12.1-12.4 I Ankle or Paragraph Numhrr Commencement of ... ........ ........ ... ... ... . ?.3 definition of .................. ... ................. 1.12 CONTRACIOR— Acceptance of Insurance ........... ........ ... ... 5.14 limited Reliance on Technical Data Authorized .. .. 4.2.2 Communications ..................... .........6.2.6.9.2 Continue Work ......... ............ ....... 6,29. 10.4 coordination and scheduling ... ........ ... ........ 692 definition of ................................... I.13 May Stop Work or Terminate .. ........ ....... .... ... 15.5 provide site access to others ......... .......... 7.2. 13.2 Safety and Protection ....... 4.3.1.2, 6.16. 6.18. 6.21-6.23. 72. 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Slop Work requirements .......... ........... .... 4,5,2 CONTRACTOR's— Compensation ......... ........ ............ .. 11.1-11.2 Continuing Obligation ...... .................... .. 14.15 Defective Work ....... ........ ........ 9.6. 13.10-13.14 Duly to correct defective Work ....... ....... ... . 13.11 Duty to Report — Changes in the Work caused by Emergency ............. ............. ........... 6 23 Defects in Work of Others ................. ....... 7.3 Differing conditions ...... ........ ........... .. 4 2.3 Discrepancy in Documents 2 5, 3.3.2. 6.14.2 Underground Facilities not indicated ........ ... . 4.3.2 Emergencies .............. ................ ... 6.23 ... Equrpmenl and Machinery Rental. Cost of the Work .......... ... ............ ... .. 11.4.5.3 Fee —Cost -Plus ........... ........ 11.4.5.6. 11.5.1. 11.6 General Warrant y and Guarantee . ... ........ ..... 6.30 Hazard Communication Programs ... ........ .... 622 Indemnification ..... .... ........... 6.12. 6.16, 6 31-6.33 Inspection of the Work .... ........ ..... 7.3. 13 4, Labor. Materials and Equipment .. ............... 6.3-6 5 Laws and Regulations. Compliance by ...... ... .. 6.14.1 Liability Insurance .. ............. ... ....... ...... 5.4 Notice of Intent to Appeal ... ... ....... .... 9.10. 10-4 obligation to perform and complete the Work . , .. . 6.30 Patent Fees and Royalties. paid for by .. ... ... .... 6.12 Performanceand Other Ronds ... ............ ....... 5.1 f rmils. obtained and paid for by ... ....... ....... 6.13 Progress Schedule ..... 2.6, 2.8, 2_ 9, 6 6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities — Changes m the Work ................ ....... ... . 10.1 Concerning Subcontractors. Suppliers and Others 6.8- 6.11 Continuing the Work .... ............ ... .. 629, 104 CONTRACTOR's expense ........ ....... . .. 6.7.1 CONTRAC."IOR's General Warranty and Guaran- tee.... .... ........ ................ ... ..... 6.30 CONTRACTOR'sreviewpriortoShopDrawingor Sam- ple submittal ....... ........ ... ......6.25 Coordination of Work ..................... 6.9 2 Emergencies ... ........ ........ ... ... ... ... 6 23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items ....... ... ... ....... . h 7.3 Arlicle or Paragraph Number hit Act, and Ornls&on of Other 6.9.1-6,9.2. 9.13 . for deductible amounts, insurance ... ... .. . ..... 5.9 general ....... ... .... ... .... ....... 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ... ........ 6.22 Indemnification ............ ........ ....... 6,31 -6.33 labor. Materia:s and Equipment ........ ... .. 6.3-6.5 Laws and Regulations ... .... ... .... ...... . . 6.14 Liability insurance . ... ... ............. .... .... 5.4 Note of vanalion froni C'unlract Documents .... 6.27 Patent Fees and Royaltks .. ... ........ ........ 6.12 permit, ..... ....... ... ... ... ............. ... 6.13 Progress Schedule ........ ... ... .... ........ .. 6.6 Record Documents .. ........ ... ........ .... . 6.19 related Work performed poor to ENGINEER's approval of required submittals ... ....... .... 6.28 safe structuralloadirg . ........ ........ ........ 6.18 Safety and Protection .. ....... .... .. 6.20, ?2, 13.2 Safely Reprcsentative ... ... ........ .. 6.21 Scheduling the Wnrk .... ... ........ .......... 6.9.2 Shop Drawings and Samples .. ........ .......... 6.24 Shop Drawings and Samples Review by P.NtilNEER ..... ... ........ ....... .... 6.26 Site ('lean;iness .. ... ... ... .... ....... 6.17 Submittal Pracedurcs .. .. ... . ........... .. 6.25 Suhstilulc Constniction Methods and Prxedures ... ... ............ .... .. ...... 6.7.2 Substitutes and "Or-liqual" Items . ........ ..... ... ....... ........ ... ........ 6. 6,7.1 Superntende .. . 1 Sunival of Obligations .. ... .... ... . . ... .. 6.34 Taxes .. ... ....... ........ ........ . 6.15 Testsand Inspections ........ ................. . d3.5 ToReport ... ....... ........ ... ............... 2.5 Use of Premises . ....... ........ 6.16-6.18, 6 30 2.a Review Prior lo Shop Drawing or Sample Submittal .6 .25 Rigli: to adjustment for changes in the Work ........ 10.2 right to claim .. 4. 71,9.4,9.5.9.11. 1, 9.4, 9.5. 9.11. 10.2. t I.2. 11.9. 12.1, 13.9. 14.8. 15.1. 15.5. 17,3 Safely and P.oteciion .................6.20-6.21. 7.2. 13.2 Safety Representative ....... ................. ..... 6.21 Shop Drawings and Samples Submittals ... ... 6 246.28 Special Consultants ........ ... ....... ... .... 11.4.4 Suh,tituic Cons:niclion Methods and Procedures .. .. 6.7 Substitutes and "Or-Egial" Items, Expense .. 6.7.), 6.7.2 Subconnactvrs. Suppliers and Others .... ...... 6.8-6.11 Superv.sion and Sup ennlendence .........6.). 6.2. 6.21 'luxes. Payment by .. . . ... ... .... . ...... . 6.15 Use of Premises ......... ............... 6.16-6 IS W'arranues ,md guarantees ... .... ........ .. 6.30, 6.5 Wanunty of Tit:e ... .. ... ........ ........ ... 14.3 Written Notice Required- CONTRACI3iR stop Work or terminate ... ....... 15.5 Reports of Differing Subsurface and Physical Condi- lions . ............. ... ..... .... .. 4 23 Substantial Completion ....... .. ... ... . .... 14 8 CUNIR.ACTOR' —ether ...... ....... ... .. Contractual Liabddy Insurance ........ .... ....... ..', 5.4.10 • Contractual Time I.imits .... ........ .... 12.2 .......... Coordination . 3 I I L l ! I II I. Li I I Li I Article or Paragraph Number CONTRACIOR's responsibility .................... 6.9.2 Copies of Documents..................................2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptanceof Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost — of Tests and Inspections ............................. I3.4 Records............................................ 11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACIOR's Fee .............................. I I.6 Employee Expenses ............................. 11.4.5.1 Exclusions to.......................................11.5 General........................................11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses ................................. 11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRAC OR's ............ 11.4.4 Supplemental.....................................11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. 11.4.2 Utilities, fuel and sanitaryfacilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work...................................13.6-13.7 Cumulative Remedies ............................17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day—iefinition of ................................... 17.2.2 Decisions on Disputes ........................... 9.1 1, 9.12 defective --definition of ................................ 1.14 defective Work — Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period..................................13.12 in general.................................13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting............................................9.6 Uncovering the Work ............................... 13.8 Definitions...............................................I Delays.................................4.1, 6.29, 12.3-12.4 Delivery of Bonds......................................2.1 Deliveryof certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of..........................................4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution — Agreement ..................................... 16.1-16.6 Arbitration ..................................... 16.1-16.5 general............................................... 16 Mediation..........................................16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents — Copiesof............................................2.2 Record.............................................6.19 Reuseof.............................................3.7 Drawings —definition of ............................... I . I5 Easements.............................................4.1 Effective date of Agreement —definition of ............. 1.16 Emergencies .......................................... 6.23 ENGINEER — as initial interpreter on disputes ................. 9.11-9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities.................................9.13 Replacement of......................................8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant —definition of ............... 1.18 ENGINEER's— authority and responsibility, limitations on .9 .13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for ..........9.7, 10, 11, 12 Clarifications and Interpretations ............... 3.6.3, 9.4 Decisions on Disputes ..........................9.11-9.12 defective Work, notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability ....................................... 6.32, 9.12 NoticeWork is Acceptable ......................... 14.13 Observations ................................. 6.30.2, 9.2 OWNER's Representative ........................... 9.I Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment ........14.4, 14.13 Responsibilities — Limitations on .............................. 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility.....................................6.26 Status During Construction — authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter .............9.11-9.12 ENGINEER's Responsibilities ................9.1-9.12 Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ............ ........ ....... ... . 9.11 OWNER's Representative .. .................... . 9.1 Project Representative .. ........ ................ 9,3 Rejecting Defective Work ................ .... ... 9.6 Shop Drawings. Change Orden and Payments .......... ................. ... ... 9.7-9.9 Visits to Site ... ........ ........ ............ ... 9 2 Unit Price Determinations .. ............. ....... .. 9.10 Visits to Site ... ...... .. ........ .... ........... .. 9.2 Written consent required . .... ........ ......... 7.2. 9.1 Equipment. labor, Materials and ................ 6.3fi.5 Equipment rental, Cosl of the Work ............... I 14.5.3 Equivalent Materials and Equipment ........... ... . ... 6.7 Errors or omissions ......... .................. ... 6 33 Evidence of Financial Arrangements .......... ... ... 8 II Explorations of physical conditions ........... ... ... 4.'_.1 Fee. CONTRACTOR's—Costs-Plus ... ... ........... 11.6 Field Order - definition of .................... ............ ... .. 1.19 issued by ENGINEER ........ . 3.h.1, 9.5 . .... 1=tnal Application for Payment .............. ... .. ... ... . 14.12 Final inspection ............... ............ ......... 14.11 Final Payment — and Acceplance ... .... ... ........ ........ 14 13-14.14 Prior to, for cash allowances .. ........ ... . . .... I I.8 General Pros isions ..... .... ........ ....... .. 17.3 -17 4 General Requiremenls— defintion of ....... ... .... ....... ....... ... .. 1.20 principal references to .... .... ... 2 6. 6.4. 6.".?, 6.24 Giving Noticc ............ .... ............ ... ... .. 17.1 Guarantee of Work —by CONTRM.1OR .. .... ........ .... ... ... 6.30. 14.12 Hazard Communication Programs ............ . . .... 612 Hazardous Waster definition of ............................... ... ................ ... .. 1.21 general .... .... ........ ........ ....... ........ 4.5 OWNER's responsibility for ... ... .... ... ... ... 8.10 Indemnification ...................... . 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ........... ... ... ...... 2.9 Inspection— Ceniticates of . .... ............. ... 9 13.4. 13.8, 14.12 Final . .... .... ............. ... .... ... ..... 14.11 Special, required by ENGINEER ...... ... ... ..... 9.6 Tests and Approval ............... .... ... 8 7. 11.3-13.4 Insurance — Acceptance of. by OWNER ................ .. ....5.14 Additional, required by changes in the Work .. .... ................. ... ... 11.4.5.9 Beforestarting the Work .... ........ ....... ......._J Bonds and —in general ...............................S ... 5 Cancellation Provisions . .... ................ ... .. 8.8 Certificates of .. 2.7. 5. 5.3. 5.4.1 1. 5.4.13. 5.6.5. 5.8. 5.14. 9 134. 14.12 completed operations ....... ........ ....... ... 5.4.13 CONTRACTOR's Liability ............. ....... ... 5.4 CONTRACIDR's objection to coverage . . . . ... 5.14 Contractual Liability .... ... ........ ............ 5 4.10 Cl Artu de (Jr Paragraph Number deductih:e amounts. CONTRACTOR's responsibility .... ... ... ............. ......... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ......... ... ............. ........ 5.3 Notice requirements. material changes ............. ....... ........... 5.8, 10.50 Option to Replace ... ................. ........... 5.14 other special insurances ........ ........ ........ . 5.10 OWNER as fiduciary for insureds ............ . 5.12.5.13 OWNER's Liability . ............ ................... 5.5 OWNER's Responsibility ............. .............. 8.5 Panel Utilization. Property Insurance ..... .... .... 5.15 Property ..... ....... ............ ........ .... 5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ........ ........ ............. ... 5.10 Waiver of Rights . ............ ..................... 5.11 Intent of Contract Documents ........... ........... 3.1-3.4 Interpretations and Clarifications . ............... 3.6.3. 9.4 Investigations of physical conditions ........ ........... 4.2 Labor. Materials and Equipment ......... .......... 6.3-6.5 Lands — and Fasemen:s ....................... .............. 8 4 Availability of ............ ... .................. 4 1, 8.4 Reports & Tests .. ....... ........ ................. 8.4 Laws and Regulations —Laws or Regulations — Bonds........ ............ ........ ............5.1-5.2 Changes m the Work ...... ... ..................... 10.4 Contract Documenls ....... ... ............. ....... 3.1 CONTRAC1OR's Responsibilities ................... 6.14 ('orrecuon Period. defective Work ...... .... .... . 13.12 Cost of the Work. taxes ..... ................... 11.4.54 definition of ... ... ............ ................... 1.22 general .... ................ ...................... 6.14 Indemnificalion ......... ... ................. 6 31-6.33 Insurance ... ... ................ .................. 5.3 Precedence .......... ... ... ........ ........ 3.1, 3.3.3 Reference to ... ......................... ........ 3.3.1 Safety and Protection 6.20. 13.2 ............. ............ Subcontractors. Suppliers and Others .. . .... .. 6.8-6.11 Tests and Inspections , . 4 .............. ... .... .. 13.5 Use of Premises 6.16 .................... ..4............ Visits to Site ........ ... ..................... ...... 9.2 Liability Insurance— CONTRACTOR's ........ ... ................. ..... 5.4 OW'NFR's ....... ... ... ................. ... ..... 5.5 Licensed Surelies and Insurers .. ... .... ............. 5.3 Liens — Application for Progress Payment . ................. 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment .............. ....... 14.12 definition of ...... .............. . .... ........ .. 1.23 Waiver of Claims ...................... ........... 14.15 Limilations on ENGINE.ER's authority and responsibilities ............. ............ .... .... 9.13 Limned Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ... .................. 14.12 Manuals iof others) — Precedence ................. ... ............. ... 3.3.3.1 1 II I 1 1 01 I I I Ii 1 1 • I LJ II. I CI I I P I* I I 1l I I Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Materials and equipment — furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment —equivalent ..................... 6.7 Mediation (Optional) .................................. I6.7 Milestones —definition of .............................. I.24 Miscellaneous — Computation of Times .............................. 17.2 Cumulative Remedies ............................... 17.4 Giving Notice ....................................... 17.1 Notice of Claim ..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts .. .. 7 Not Shown or Indicated .............................. 4.3.2 Notice of — Acceptability of Project ............................ 14.13 Award, definition of ................................. 1.25 Claim.............................................. 17.3 Defects, ............................................ 13.1 Differing Subsurface or Physical Conditions ..........4.2.3 Giving..............................................17.1 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed — definition of ........................................ 1.26 givingof.............................................2.3 Notification to Surety.................................10.5 Observations, by ENGINEER .................... 6.30, 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ...................5.6.2 Option to Replace .....................................5.14 '•Or Equal" Items......................................6.7 Otherwork .............................................. 7 Overtime Work —prohibition of ......................... 6.3 OWNER— Acceptanceof defective Work ...................... 13.13 appoint an ENGINEER .............................. 8.2 as fiduciary .......... 5.12-5.13 Availability of Lands, responsibility ...................4.! definition of........................................1.27 data, furnish..............................8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ 14.7 May Stop the Work ................................ 13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performanceof other Work ...........................7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ...............5.6-5.10 OWNER's— Acceptance of the Work .........................6.30.23 Change Orders, obligation to execute .................................... 8.6, 10.4 Communications.....................................8.1 Coordination of the Work ............................ 7.4 Disputes, request for decision ....................... 9.11 Article or Paragraph Number Inspections, tests and approvals .................8.7. 13.4 Liability Insurance ................................... 5.5 Notice of Defects ................................... 13.1 Representative —During Construction, ENGINEER's Status ............................ 9.1 Responsibilities - Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders .................................... 8.6 Changes in the Work .............................. 10.1 communications .. .............................. ...8.1 CONTRACTOR's responsibilities .. 0 ............... 8.9 evidence of financial arrangements ................ 8.11 inspections, tests and approvals .................... 8.7 Insurance.........................8.5 lands and easements ............................... 8.4 prompt payment by ................................ 8.3 replacement of ENGINEERR ....................... 8.2 reports and tests ................................... 8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRACI'OR's services .......... 8.8, 15.2 separate representative at site ........................ 9.3 independent testing ................................. 13.4 use or occupancy of the Work.............5.15, 14.10 written consent or approval required ............................... 9.1, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs - definition of ........................................ 1.29 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization - definition of ........................................ 1.28 general...................................6.30.2.4. 14.10 Property Insurance .................................5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5.1-5.2 Payments, Recommendation of .............14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspection...................................14.11 Final Payment and Acceptance ............... 14.13-14.14 general........................................... 8.3, 14 Partial Utilization .................................. 14.10 Retainage...........................................14.2 Review of Applications for Progress Payments .................................. 14.4-14.7 prompt payment.....................................8.3 Schedule of Values .................................. 14.1 Substantial Completion ......................... 14.8-14.9 Waiver of Claims .................................. 14.15 when payments due ........................ 14.4, 14.13 withholding payment................................14.7 performance Bonds ................................. 5.1-5.2 permits..............................................6.13 Arncle or Paragraph Number Pe roleum— definition of ..................................... .. 1.30 general ... .... ........ .... ............ ....... .. 4.5 OWNER', responsihitily for ..... ........... ...... 8.10 Physical Conditions — Drawings of. in or relating to ................... . 4.2.1.2_ ENGINEER's review .. .... ... ... .... ... ... . 4.2.4 existing structures ..................................4.2.2 general . ... .... .... ... ... .... ............. 4.2.1.2 Subsurface and ................ 4.2 .................... Underground Facilities .... ... .... ....... . ... ... . 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments ..... ... ... 4.2.6 Reports and Drawings ......................... ... 4.2.1 . ................ Notice of Differing Subsurface or ..................4.2.3 4.2.3 Subsurface and 2 ... .... ........ ... ... Subsurface Conditions ... ........ ............... ....... ....4 4 2.1 I Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4 2.2 Underground Iacililies— general.......................................... 4 7 Not Shown or Indicated ...... ................ 4.3,2 Protection of . .... ........ .... ... ... .. 4.3. 6.20 Sbown or Indicated ........................ ... 4.3.1 Technical Dala .... .... ........... 4.2.2 ........ Preconstruction Conference ........................ ...... 2.8 Preliminary Matters ............................... .. ... .. 2 Preliminary Schedules .. ... ............ .............. 2.6 Premises. l 1 se of ....................... 6 ... 6-6.18 Price. Change of Contract ... ........ ... ... .. I . II Price, Contract —definition of ... ................ ... . 1.11 Progress Payment. Applications for .............. ..... 14.2 Progress payment—retainage .... ... ... ... ... ... . 14.2 Progress schedule, CONTRACIDR's .. .. 2.6.2_.8, 2.9. 6.6, 6.29. 10 4. 15.2.1 Progecl---definition of ... .... ... ... ................. 1.31 Project Representative— ENGINEER's Status During Construction ... . . . . 9.3 Project Representative. Resident —definition of ..................... ... ... ... ... 1.33 prompt payment by OWNER .. ... ... ........... ... 8.3 Property Insurance Additional ..................................... ... 5,7 general ....................................... ... ... 5.6-5.10 Partial Utilization ............................I, .. 5.1 s. 14.11) 2 receipt and application of proceeds .......................... ....... 5.12-5 13 Protection. Safely and .... ........ ......... 6.20.6.21, 11.2 Punch list ........... ................. ... ....... .. 14.11 Radioactive Matenal— definition ........................ ....... ....... .. 1.12 general ............................................ 4.5 OWNER'sresponsibililyfor ................. ... ..8.10 Recommendation of Payment .............. 14 4, 14.5, 14.13 Record Documents ........... ... ............ 6.19. 14.12 Records. procedures for maintaining . ............ .. .. 2.8 Reference Points .................... ........ ... ... . 4.4 Reference to Standards and Specifications of Technical Societies ...................... ....... . 1.3 .Article or Paragraph Number Regulations. Laws and toil ............................ 6.14 Relalecti a Work . ... .... ... ................ 9.6 Related Work— ateecnv ... ... .... ... ...........7.1-7.3 Performed poor to Shop Drawings and Samples suhmittals review . .... ........ .. 6.28 Remedies, cumulative .... ... ................... 17.4. 17,5 Removal or Correction of Defective Work....................................13.11 rental agreements, OWNER approval required .......... ... ....................... 11.4.5.3 replacement of ENGINEER, by OWNER .... ... .... 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports - and Drawings ...................................... 4.2.1 and Tests. OWNER'S responsibility .... ... .... .... 8.4 Resident Project ReprescnWtive— definition of . ... ... ... ... ........ ............. 1.33 provision for ...... ... ... ................. ... .... 9.3 Resident Superintendent. CONTRACTOR'S .... ........ 6.2 Responsibilities - CONTRACIDR's-in general .................. ........ 6 ENGINhER's-in general . ... ... ... ... . ........ ... 9 Limilations on .......... ......................... 9.13 OWNER's-in general ... ... ... .... ................ 8 R1etainage ............................ 14.. Reuse of Documents . .. ... ... ... .... ... ....... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal . ........ ........... 6.25 Review of Applications for Progress Payment,.....................................14.4-14.7 Right to an adjustment ... ... ................. ...... 10.2 Rights of W'ay . ... ... ... ... ........ ............. . 4.1 Royalties. Patent Fees and ............................. 6.12 Safe Structural Loading .. ... ... ... .... ... .... . 6.18 Safety - and Protection ... .. 4.3.2, 6 16, 6.I8, 6.20-6.21. 7,2. 13.2 genera ... ...... ............ ... .... ..... 6.20-6.23 Representative, CONTRA('IDR's ................... 6.21 Samples— definiion of ... ... ... ... .... ... ... ... ..... 1.34 general . ....... ... ... ...................... 6.24.6.28 Review by CONTRACTOR ...... ........ ......... 6.25 Review by ENGINEER ... ... ... ... ... 626.627 related Work . .. ... ... ........ ........ ... 6.28 submulal of ... ... ................ ........ .... 6.24.2 suhmrttal procedures . ... .......................... 6.25 Schedule of progress ... 2.6. 2.8-2.9. 6.6. 6.29. 10.4. 15.2.1 Schedule of Shop Draw ing and Sample Subminah ... ... ... ... ....... 2.6. 2.8-2.9, 6.24-6.28 Schedule of Values ...................U, ... ........... 2.6, 2.8-2.9, 14.1 Schedu$es— Adherence to ..................................... 1S 2.1 .Adjusting ....................... ... ........ .... .. 6.6 Change of Contract Times ..... ................. .. 10.4 Initially Acceptable .. ... ... ............ ....... 2.8-2.9 Pre'.iminan ..................... 2.6 ... .... Scope of Changes . ......................... ... .... .. .. 10.1-10.4 Siihwrface Conditions .. ... ... ........ .......... 4.2.1 1 1 II 1 1 1 1 1 ii 1 1 1 1 1 1 1 I 1 I, i 1 Article or Paragraph Number and Samples, general ........................... 6.24- 6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.246.28 related Work ........................................ 6.28 review procedures ......................... 2.8, 6.246.28 submittal requiredred.................................. 6.24. Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated ................................... 4.3.1 Site Access.......................................7.2, 13.2 Site Cleanliness ....................................... 6.17 Site, Visits to — by ENGINEER ................................ 9.2, 13.2 by others ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications — definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3.1 precedence........................................3.3.3 Standards and Specifications of Technical Societies .......................................... 3.3 Starting Construction, Before ....................... 2.5-2.8 Starting the Work......................................2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural I.oading, Safety ............................. 6.18 Subcontractor— Concerning...................................... 6.8-6.11 definition of ........................................ 1.37 delays.............................................. 12.3 waiver of rights ..................................... 6.11 Subcontractors —in general ........................ 6.8.6.11 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals — Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures ......................................... 6.25 Progress Schedules .............................. 2.6, 2.9 Samples.......................................6.24-6.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3, 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 •'Or -Equal" ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general.............................................. 4.2 Limited Reliance by CONTRACTOR Authorized.................................... 4.2.2 Notice of Differing Subsurface or Physical Conditions ................................ 4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................4.2.6 Reports and Drawings ................................ 4.2.1 Subsurface and ...................................... 4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data.....................................4.2.2 Supervision— CONTRACTOR's responsibility ...................... 6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence.......................................6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs .................................. 11.4.5 Supplementary Conditions — definition of ........................................ 1.39 principal referenceto .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.6-5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .................... 3.6 Supplier — definition of........................................1.40 principal references to .................. 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights....................................6.11 Surety — consent to final payment .....................14.12. 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of...................................5.1-5.3 Survival of Obligations ................................ 6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— .................. 15 CONTRACTOR May Stop Work or Terminate........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination — by CONTRACTOR ................................. 15.5 by OWNER ...............................8.8 15.1-15.4 of ENGINEER's employment ....................... 0 8.2 Suspension of Work-in general ........................ 15 Terns and Adjectives .................................. 3.4 Tests and Inspections — I I Article' or Paragraph Number Access to the Work, by others ................... 13.2 CONTRACTOR's responsibilities .................... 13.5 costof . .... .... .............................. ... 13.4 covering Work prior to .... .................... 13.6-13.7 laws and Regulations tort . .................... ... 13 5 Notice of Defects . .... ............................ 13.1 OWNER May Stop Work .. ....................... 13.10 OWNER's independent testing ............... ... .. 13.4 special, required by ENGINEER .. ... ... .......... 9.6 timely notice required ........ ... .................. 13.4 Uncovenng the Work, at ENGINEI-'R's request .... .... ... ..................... 13.8-13.9 Times — Adjusting ... ...................................... 6.6 Change of Contract ...................... ... ... ... 12 Adjusting............................ ............... 6.6 Computation of ....... .... .................... ... 17.2 ContnutTimes—definition of ................ 1.12 ... �, Milestones ....................... .... . . . 12 Requirtments— appeals .......................................l ... ...... 16 clarifications. claims and disputes ............................. 9.11. 11.2, 12 commencement of contract times ........ ... ... . 2.3 preconstruction conference ....................... 2.8 schedules ....... ........ ................ 2.6, 2.9, 6.6 starting the Work ... ..................... ........ 2.4 Title, Warranty of ....... ........ ...... . .. 14.3 Uncovering Work ....... ................. ... .. 13,8-13.9 Underground Facilities. Physical Conditions — definition of ............................. . .. ..... 1.41 NotShown or Indicated 4.3.2 ............. ... .......... protection of ............ ... .................. 4.3, 6.20 Shown or Indicated ...................... ... ... . 4.3.1 Unit Price Work — claims ....... .... ............................... 11.9.3 definition of ....................................... 1.42 general .......................... ... ... 11.9. 14.1. I4.1 Unit Prices — general................. ........ ................ 11.3.1 Determination for .... ........ .................... 9.10 Use of Premises .... ... ... .... . 6.16, 6.18, 6.30.2.4 Utility owners .. ................... 6.13. 6.20, 7.1.7.3, 13.2 Article or Paragraph Number Utilization, Partial ... ... ... ... 1.2R, 5.I5, 6.30, 2.4, 14.10 Value ofthe Work .............. ............ .. .. 11.3 Values, Schedule of .. ... ................ 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized ........... ............ ....... 6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment .......................... ................ 14.15 Waiver of Rights by insured parties ........ ...... 5.11, 6.11 Warranty and Guarantee. General —by CONTRACTOR ............ ............ .......... 6.30 Warranty of Title, CONTRACPOR's ................... 14.3 Work — Access to ... ... ............... .................. 13.2 byothers . ..... ................ ........ ............. 7 Changes in the ........ ............ . . .. 10 Continuing the ......................... ........ 6.29 CON'I'RAC'IDR May Stop Work or Terminate ...................... ............ 15.5 Coordiniaiion of ...................................... 7.4 Cost of the .......................... .......... 11.4.11.5 definition of ....................................... 1.43 neglected by CONTRACTOR .. ................... 13.14 other Work ... ......................... .............. 7 OWNER May Slop Work .. ....................... 13.10 OWNER May Suspend Work ....... .... ... 13.10. 15.1 Related. Work at Sire .. ... ........ ............. 7.1-7.3 Starting the ............................ ............. 2.4 Stopping by CONTRACTOR ........................ 15.5 Slopping by OWNER ............. ........ ... 15.1-15.4 Variation and deviation authorized. minor..........................................3.6 Work Change Directive — claims pursuant to..................................10.2 definition of ....... ... ... ........................ 1.44 principal references to .................... 3.53. 10.1-10.2 Written Amendment — definition of ................ ............ .......... 1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,10.1,10.4,11.,12.1,13,12.2,14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ..... ..............9.10-9.11, 10.4, 11.2, 13.14 I 11 I I S 11 I I I I LI I •' 12 I 1 I, I. GENERAL CONDITIONS I.\:tiMfypAIM7MylilTl11[rPT.` 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: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract 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. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain 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 Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRAC7DR—The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, 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 ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm orcorporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 I 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardoric waste —The term Narardous Waste shall have the meaning provided in Section 11104 of the Solid Waste lhsposal Act 142 L SC Section 690;t as amended from time to time. 1.22. Lan -c and Regrdaunru. Lams err Regulation a- .Any and all applicable laws, odes. regulators, ordinances, codes and order of any and all gosemmental bodies, agencies, authorilies and courts having nirisdrction. 1.23 liens —Liens, charges, security interests or encum- brances upon real properly or personal propene. 1.24. lfiie. cone —.A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Complelion of all the Work. 1.25. \'oricenf.Award The written notice h' OW' ER'o the appaienl successful hidder stating That upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified. OWNER nil. sign and deliver the Agreemen:. 1.26. Volk'to Prrweed—A written notice given by OWNER to CONTRACTOR with a copy to ENGINEER) fixing the date on" hich the Contract Tunes will commence to r un and on which CONTRACTOR shall start to perform C ON'iRAC- TOR's obligations under the Contract Documents 1.27. OWNER —'The public body or authonty. corpora- tion, association. firm or person with whom CON1'R.ACTOR has entered into the Agreement and for whom the Work is to be provides. 1.28. Partial Urili,-arion—Use by OWNER of a substan- tially completed pan of the Work for the purpose for which it is intended lot a related purposep prior to Substantial Completion of all the Work. 1.29. PCBs—Potychlonnated biphenyl'.. 1.30. Petroleum —Petroleum. including crude oior any fraction thereof which is :iquid at standard conditions of temperature and pressure (61) degrees Fahrenheit and 14.7 pounds per square inch absolute). such as oil, pelnkum, fuel oil, oil sludge. oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils 1.31. Projec i The total construction of w hich the Work to be provided under the Contract Documents may he the whole. or a part as indicated elsewhere In the Contract Documents, 32. Radioactive 3falrrml—Sourcc. special nuclear, or byprducl material as defined by the Atomic Fnerp Act of 1954 (42 LISC Section 201: et seq.) as amended from time to time. 133 Resident Project Reprrcentarive— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samelea—Physicalexamplesofmatenals.equipment. or workmanship that are representative of some portion of the Work and which establish the standards by w hich such portion of the Work will be judged. 1.35. Shop f)ruwingr—All drawings, diagrams. illustra- lions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACpUR and submitted by CONTRACTOR to illustrate some portion of the Work. 1 .6 Speeifirarions—Those portions of the Contract loc- umenls consisting of written technical descriptions of materi- als. equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Suhurntractor An individual. firm or corporation haling a direct contract with CONTRACTOR or with any othei Suhconlmctor for the performance of a pan of the Work at the site. I.M. Substantial Completion —The Work for a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGI\EER's definitive certificate of Substantial Completion, it :s sufficiently com- plete. in accordance with the Contract Documents. so that the Work (or specified part) can be utilized for the purposes for which it is intended: or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terns "substantially complete" and "substantialy completed' as applied to all or part of the W'oric refer in Substantial Completion thereof. t.39. Suppiementan Condilrons—The pan of the Contract Documents which amends of supplements these General Con- divans 1.40. .Supplier —A manufacturer. fabricator, supplier. dis- tnbutu-, marenalman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to he incorporated in the Work by CON- 1'RAChR or any Subcontractor. 1.41. UnderproundFa1ifiries -All pipelines, conduits. ducts. cables, wires. manholes. vaults. tanks. tunnels or other such facilities or artachments. and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam. liquid petroleum pnxducis. telephone or other cornmumca- dons. cable leles ision. sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price llarA -Work to he paid for on the basis of unit prices. 1 II I I I I 1 I I 1 I SI 14 LI 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall 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 (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times: Nodee to Proceed 2.3. The Contract Times will commence to run on the thirti- eth 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 Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Sealing the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starring Consbvetlon: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 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 appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Pneconstrnetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference ' I5 I attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred Io in paragraph 2.6, procedures for handling Shop Drawings and other submittals. processing Applications for Payment and maintaining required records. ItrsuicR, Aenpeabfe Schedules: 2.9. Unless otherwise provided in the Conlracl Docu- ments. at least ten days before submission of the first Applica- don for Payment a conference attended by CONTRACIOR. ENGINEER and others as appropriate will he held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progressinr of the W'ori; to completion within any specified Milestones and The Contract Times. but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing. scheduling or progress of the Work nor interfere with or relieve CONTRACIOR from CONTRACTOR'S full responsibility Therefor CON'i'RACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will he acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE in. I.I. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents arc complementary: what is called for by one is as binding as if called for by all. The Contract Documents will he construed in accordance with the law of the place of the Project. 3.2. II is the intent of the Contrac: Documents to describe a functionally complete Project for par thereon to be con- stmcled in accordance with the Contract Documents, Any Work. materials or equipment that may reasonahi% he inferred from the Contract Documents or from preNading custom or trade usage as being required to produce the intended resu!I will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical orconstruction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with That meaning. Clanh- cations and interpretations of the Contract Documents shall be issued by ENGINEER is provided in paragraph 9.4. 3.3. Reference to Standards and pec fcthons of Teck.kal Societies; Reporting and Resolving Discrepancies: 3.3.1, Reference to standards. specifications, manuals or codes of any technical society, organization or association. or to the laws or Regulations ofany governmental authority. whether such reference he specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in eflect at the time of opening of Rids (or. on the Effective Date of the Agreement if there were no Rids), except as may he otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict. error. ambiguity of dis. crepancy within the Contract Documents or between the Contract Documents and any provision of any such law or Regulation applicable to the performance of the Work or of any such standard, specification. manual or code or of any instruction of any Supplier referred In in paragraph 6.5. CONTRAC'lUR shafl report it to ENGINEER in writing at once, and. CONTRACTOR shall not proceed with the Work affected thereby lexcepi in an emergency as authorized by paragrat;h 6111 until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6, provided, however. that CONTRACTOR snail not be'iable to OWNER or ENGI- NFD'.R for failure to report any such conflict, error. amhigu- iry of discrepancy urless CONTRACTOR knew or reason- ably should have knowr. (hereof. 3-3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto Issued by one of the methods indi- caled in paragraph 3-5 or 3.6. the provisions of The Contract Documents shall take precedence in resolving any conflict. error. ambiguity or discrepancy htween the provisions of The Contract Documents and 3 3 3 1. the p-xnisions of ary such standard, speci- fication. manual, code or instruction twhether or not specifically incorporated by reference in the Contract Documents); or 3.1,3.2. the provisions of any such I aws or Regu- lations app:icahle to the performance of the Work (unless such an intefpietaaon of the provrsiorn of the Contract Documents would result in violation of such taw or Regulation). No rem ision of am such standai d. specification. manual, csxle or.nslruction shall he clfetive to change the duties and re spovnsibilities of O W N S R. CON TR.gCT)R o r E NG I N E ER, or any of their suhcon:r•actors, consultants, agents. or em- ployees from those set forth in the Contract Documents, nor shall it be effec:ive to assign to OWNER. ENGINEER or any of FNGIN [ER's C'onsu (ants. agents or employees any duty or authority to supervise or direct the furnishing or 1 II II II LI I L I I I Li -1 I ,I I •' I6 I I 1 I, y 1 1 1 1 1 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed;" "as required," "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable, 'suitable," "acceptable, 'proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER 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 provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Aams&eg and Supplem endag Corded Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Ream of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Armlabi i ' of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed. rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, nights -of -way or easements. CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physied Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. I 17 I 4.2.2. Limned Reliance by CONTRACTOR Awhorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such"technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data;' CONTRACTOR may nor rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for C0NTRACDOR's purposes. including, but not limited to, any aspects of the means. methods, techniques. se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data. interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings. or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data. interpretations. opinions or information. 4.2.3. Noire of Differing Subsurface or Phi sit al Condi- lions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either. 42.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4,2.3.3, differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith lexcept in an emergency as permitted by paragraph 6.27), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith lexcept as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change 4.2.6. Possthle Price and Times Adju.stmenrs: An equitable adjustment in the Contract Price or in the Contract Times, or both, will he allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of. or time required for performance of. the Work. suhject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4,2.3.1 through 4.2.3.4, inclusive; 4 2 6.2. a change in the Contract Documents pursuant to paragraph 4 2 5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3 with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4, CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4 2 6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract: or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination. investigation. exploration. test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRAC7OR's making such final commitment: or 4 2 6 4.3, CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Pnce or Contract Times, a claim may he made therefor as provided in Articles II and U. However, OWNER. EN(i1N EER and ENGINEER's Consult- ants shall not he liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical ('ontbdans—b'n4ervrortnd Facilities: 4.3.1. Shown or Indicased: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on II I Li I I I 41 I LI I I I I •' Is I I 1 I, M 1 1 1 1 1 1 1 I. information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (h) locating all Underground facilities shown or indicated lithe Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 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, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, 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 that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Poietr: 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 laying out the Work, 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 refer- ence points by professionally qualified personnel. 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations, OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's ' 19 I Consultants and the officers, directors, employees. agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition. provided that: (i) any such claim, cost, loss or damage is attributable to bodily n ury. sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself(. including the loss of use resulling therefrom. and (ii) nothing in this subparagraph 4.5 4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 455. The provisions of paragraphs 4.2 and 4.3 arc not intended to apply to Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed a: the silt. ARTICLE 5 —BONDS AND INSURANCE Pefarwaare, P yams and Other Bondy: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at leas[ 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 provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such ocher Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by laws or Regulations, and shall be executed by such sureties as are named :n the current list of' Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570(amended) by the Audit Staff. Bureau of Govemmenl Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 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 part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must he acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Cenhfitwes of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insuran:e companies that are duly licensed or authonzed :n the jurs- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and lnsu:nce companies shall use meet such additional requirements and qualifications as may be pros vided in the Supplementary C'ondimons. 5.3.2. CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested b OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary C'ondaions, certficates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER n required to purchase and maintain in acconlance with paragraphs 56 and 5.7 hereof. COWTRAC7VR's !lability Irurtrance: 5.4. CONTRACTOR shall purchase and majman such liability and other insurance ac is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from C0NTRACIOR's performance and fumish:ng of the Work and CONTRACT(yR's other obligations under Ihe Con- tract Documents, whether it is to he performed or furnished by CONTRACTOR. any Subcontractor or Suprlier. orb)' anyone directly of indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts ary of them may he liable: 5.4,1. claims under welkin+compensation. disability benefits and other similar employee benefl acts; 5.4.2. claims for damages because of Kiddy imury. oc- cupational sickness or disease, or death. of CONTRAC- TOR's employees; 5.4.;, claims for damages hecause of bodily mjur}, sick- ness or disease, or death of any person othei than CON- TRACTOR's employees: 5.4.4. ciaims for damages insured by cusloman personal injury tiabilny coverage which are sustained: nl by any person as a result of an offense direc0y or ind:rect!y related to the employment ot'such person by CONTRACTOR, or' nil by any other person for any other reason: 5.4.5. claims for damages, other than to the Work itself. because of Injury to or destruction of tangible property wherever ioca:ed, mc!uding loss of use resulling therefrom: and 5.4.6. claims for damages because of Noddy injun or death of any person or property damage arising out of the ownership, maintenance or use of any more' vehicle. 1 II I [1 I L I ii I I I I 1.1 I I 20 I I 1 I, II The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. ' 21 5.9. OWNER shall not be responsible for purchasing and maintaining any pruperty insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss w ithin such iden lifted deductible amount, will be borne by ('ONTR.ACTOR. Subcontractor or others suffering any such loss and if an of them wishes property insurance coverage within the limi:s of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.h or 5.%. OWNER shall. if possi- ble, include such insurance, and the cost thereof will he charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11. Waiver ojRights: 5.11.1. OWNhR and CONTRACTOR intend that all policies purchased in accordance wdh paragraph, 5.6 and 5.7 will protect OWNER. CONTRACTOR. Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementan Conditions to be listed as insureds or additional insureds :n such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in The esent of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by. arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER. ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to he listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or other%ise payable under any policy so issued. 5 11.2 In addition. OWNER %;eves all nghts against CONTR.4C1'OR. Subcontractors. ENGINEER. ENGI- NEER's Consultants and the officers. directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by. arising out of or resulting from fire or other peril, whether or not insured by OWNER: and 5.11.2.2. loss or damage to Ilie completed Project or part thereof caused hy. arising out of or resulting from fire or other insured peril cmered by any property insurance maintained on the completed Protect or part thereof by OWNER dining partial utilization pursuanl to paragraph 14.10. after substantial completion pursuant to paragraph 1 8 or after final payment pursuant to paragraph 14,13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in Iles paragraph 5 11.2 shall contain provisiom to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovers against any of CON- TRACTOR. Subcontractors, ENGINEER. ENG I NEER's Con- su'tants and the officers, directors. employees and agents of any of them. s.l22. Any insured loss under the policies of insurance required by pangraphs 5.6 and 5 7 will be adjusted with OWNER and made payable m OWNER as fiducuuy for the insureds. as their Interests may appear, subject W the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no olber special agreement is reached the damaged Work shall be repaired or ieplaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiductan sha�l have power to adjust and settle any loss with the insurer, unless one of the parties in interest shall object in writing within fifteen days after the occurrence of ioss to OWNER's exercise of this power. If such objection he made. OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in mlerest is reached. OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest. OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds cad /nsnraace; Option to Replace 5.14. If eiihei party (OWNER or C ONTRA(TOR) has any objection to the coverage afforded by or other pros isions of the Bonds or insurance required to be purchased and maintained by the other parry in accordance with Article 5 on the basis of non-conformance with :he Contract Documents, the objecting party shall sit notify the other party in writing ithin ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each prom de to the other uch additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such pang by the Contract Document,, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of' such failure In maintain prior lo any change in the required coverage. Without prcjudlce to any other right or remedy. the other parry may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was 1 1 1 I. 1 1 1 1 1 1 1 1 1. 1 n 1 I, L I I I I b I I J L I required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. lbrfd Utilization —Properly Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupan4' shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. labor, Materials and Equipment: 6.3. CONTRACTOR shall providecompetent. personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWN ER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: ' 23 6.7.1.1. "Or -Equal" : Urn ENGINEER's sole discre- tion an item of material or equipment proposed by CO"- TRACTORIs functionally equal to That named and cuffi- creni y similar so that no change in related Work will be required. it may be considered by ENGINEER as an ''or -equal" item, in which case review and approve of the proposed item may. in ENGINEER's sole discretion. be accomplished without compliance with some or al of the requirements for acceptance of proposed substitute items. 6.7.1.?. Subsruute !tens. If in ENGINEER, scle discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7,1 I. it wi:l be considered a pro posed substitute uem. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine That the item of material or equipment proposed is essentially equivalent to that named arc an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supp!e- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR, If CUNTRAC'IOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design. be similar in substance to that specified and be suited to the same use as that specified. The anplication will state the extent, if any, to which the evacuation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on The Project) To adapt the design to the proposed substitute and w hether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 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 or credits 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 will he considered by ENGINEER in evaluating the proposed sdhstitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about The proposed substitute. 6.7. ].J. ('OATRACTOR's ExpenseAll data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CON TRA(TOR's expense. 6.7.2. Substitute Construction Methrxls or Pro<rdurer • If a specific means, method, technique, sequence of procedure of conslnrct;on is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR may furnish or ulili?c a suhctitute means, method, technique. sequence or procedure of construction acceptable to ENGINEER. CON- TRACIOR 'hall submit sufficient information to allow ENGI- NEER. in ENGINEER's so a discretion, to determine that the sdh'titute proposed is equivalent :o that expressly called for by the Contrtcl Documents. The procedure for review by ENGI- N EFR will he similar to that provided in subparagraph 6.7.1.2. h 73 Ent;iner's Evafuatian: ENGINEER will be allowed a reaucnahle time within which :o evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.Z ENGINEER will be the sole judge of acceptability No 'or- equal'Or suhsulutc will be ordered, installed or utilized withou: ENGINEER's prior w ritten acceptance which will he evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRAC 1OR to furnish at CONTRAC'IUR's expense a specia performance guarantee or other surely with respect to any ''or -equal " or substitute. ENGINEER will record lime required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.1 and 6.7 .2 and in maki ng changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Projeca occasioned thereby. Whether or not F\GI\F.FR accepts a suhsutute item so proposed or submit- ted by CONTRACTOR. C0N]'H.AC]OR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Coneerniwg Subeont'ncfon, Strpptiers and Others: 6 S I. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2). whether initially or as a substitute, agarnsl whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization Co furnish or perform am of the Work against whom CONTRACTOR has reasonable objection. h.t3 2. if the Supplemerlany Conditions require the iden- tity of certain Subcontractors. Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to he submitted 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 Supplementary Condi- tions, UWNER', or ENGINEER's acceptance teither in w riting orb' failing to make w ritten objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documentsl of any such Suhcon- Trac:or. Supplier or other person or organization so identified may he iesoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall sub- mit an acceptable subsnmte, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 I 1 I, Li H I I I I b I I I I 1 I. 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 ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 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 or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWN ER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Ibsen! Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRAC'T'OR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Lows and Regal'aions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neitherOWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of ' 25 the Project which are applicable during the performance of the Work. Use of Pnrnirer: 6-16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified 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 encumber the premises with construction equipment or other materials or equiprnenl. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupani thereof or of any adjacent land or areas. resulting from the performance of the Work. Should any claim be made by an such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER. ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims. costs, losses and damages arising out of or reselling from any claim or action, legal or equitable. brought by any such owner or occupant against OWNER. ENGINEER or any ocher party indemnified hereunder to the extent caused by or based upon CONTRACMR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulling from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools. appliances. construction equipment and machinery and surplus materials. ('0NTRACTOR shall leave the site clean and ready for occupancy by OWNER at Suhstaniial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6. IS CONTRACTOR shall not load nor permit an part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Lkc miens: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications, Addenda. Written Amendments. Change Orders, Work Change Direc- lives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9 4) in good order and annotaled to show all changes made during constructior.. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. ,Sqterr and Protection: 6.20. CONTRACTOR shall be responsible for initiating. mainlaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precaulions for the safety of. and shall provide the necessary protection to prevent damage, injury or loss to: 6 20 I all persons on the Work site or who may be affected by the Work: 6.20.2. all the Work and materials and equipment to he incorporated therein, whether in storage on or off the site; and 6.2_0.3. other property at the site or adjacent thereto, including trees. shrubs. lawns, walks. pavements. roadways, structures, utilities and Underground Facilities not desig- nated 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 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 projection. CONTRACTOR shall nolify own- ers of adjacent property and of Underground Facilities and utility ow nen when prosecution of the Work may affect them. and shall cooperate with them in the protection, removal. relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraph 6.2_11.2 or 6.220.3 caused, directly or indirectly, in whole or in part, by CO\TRACTOR, any Subcontractor, Supplier or any other 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, shall he remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or FNGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may he liable, and not attributahle, directly or indi- rectly. in whole or in pan. 10 the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACR)R's duties and responsibilities for safety and for projection of the Work shall continue until such time as all the Work is complered and ENGINEER has issued a notice to OWNER and CON'1RACIOR in accordance with para- graph 14.13 that the Work is acceptable;except as otherwise expressly provided in connection with Substantial Comple- tion). Weir Representative: 6.2i. CONTRACTOR shall designate a qualified and expe- nenced safely representative at the silt whose duties and 26 I 1 I, I L I I C b Ti I I I LL responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- graams. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drorvurgs and Sampks: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. srbarimt Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 27 J Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated to or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by FNGINEER as required by paragraph 2.9. any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Cowoerung 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 or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR', General Wan -way and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereurderexcludes defects or damage caused by: 6.3Q, 1.1 abuse, modificalionorimpropermaintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers: or 6.30.1.2. normal wear and tear under normal usage 6.30.2. CONTRACTOR's obligation to perform and com- plele the Work in accordance with the Contract 1)ocurnenis shall be absolute. None of the following will con,titute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR\ obli- gation 10 perform the Work in accordance with the Contract Documents: 6.30.2.1, observations by ENGINEER: 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Suhstanliai Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.25. any acceptance by OWNER or any failure to do so, 6.302.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ahilily by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. anycorrection Work by OWNER. IdemnOeadon: (.31 To the fullest extent permitted by Laws and Regula- tion,. CONTRACTOR shall indemnify and hold harmless OWNER. ENGINEER. ENGINEER's Consultants and the officers, directors, employees. agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers. architects. attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by. arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: ti) is attributable to bodily injury sickness, disease or death, or to injury to or destruction of tangible property lother than the Work itself). including the loss of use resulting therefrom, and iii) is caused in whole or in part by any negligent act or omission of CON TRACTOR, any Subcontractor, any Supplier. 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 he liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants. agents. officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subeunlractor, any Supplier, 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 indemnification obligalion under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier or other person or organization under workers' compensation acts. disability benefit acts or other employee benefit acts. 6.33. The indemnification ohligauions of CONTRACTOR under paragraph 6.31 shall not extend lo the liability of ENGI- NEER and ENGINEER's Consultants, officers. direclors. employees or agents caused by the professional negligence. errors or omissions of any of Ihem. Survive! of Obdgad'au: 6234. All representations. indemnifications, warranties and guarantees made in. required by or given in accordance with I I I fl I I d I II I 71 I 28 LJ I I, I I I I I I b I I I I 1 I. the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise 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 CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR 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 status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when 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 to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, 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 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 1 29 I 8.9. The OWNER shall not supervise, direct or have control or authority over. nor be responsible for. CON FRA(' TOR's means. method,. techniques. sequences or procedures of construction or the Safety precautions and proprdms incident thereto, or for any failure of CON'rRACD)R to comply with Laws and Regulations apphcahie to the furnishing oi perfor- mance of the Work. OWNER will not be re,pmsih:c for CONTRA(TT)Rs failure to perform or furnish the Work in accordance with the Contract lkwuments. 8 10 OWNER'S responsibility in respect of urdiscrased Asbestos. PCBs. Pelroleum. Iiazardcuc Wasle or Radioactive Materials uncovered or resealed at the sine is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financia. arange- ments have been made to satisfy OWNER'S ohlil; itions under the Contract Ekxumenls, OWNER'S resperosihihry ir respect (hereof will he as set forth in the Supplementan Condit ons ARTICLE. 9 —ENGINEER'S STATUS DURING CONSTRUCT ION OW VER'r Reprrsentmiw. 9.1. ENGINEER will he OWNER'S represema:rve daring the construction period. The duties and respomsihihiies and the limitations of authority of ENGINEER as OWNER'S -epre- seniaiive during construction are set forth in the Contract Documents and shall not he extended wi:hou: written consent of OWNER and ENGINEER. Visit, to Site: 9.2. ENGINEER will make visits to the silt a: inicrva:s appropriate to the various stages of construction as ENGI- NEER deems necessary in order to ohsene as an experienced and qualified design professional :he progress that ha, been made and the quality of the various uspecis of CO\TRA(' TDR's executed Work. Based on information obtained during such visits and observations, ENGINEER cad: endeavor for The benefit of OWNER ;o delermine, ir. general. if the Work is proceeding in accordance with the Contract I)xuments. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGJNEER's effort, will he directed toward rnniding for OWNER a greater degree of confidence :hat the completed Work will conform generally :o the Contract Documect,. On the basis of such visits and on -site obsenations. ENGINEL:R will keep OWNER informed of the progress of the Work and will endeavor lo guard OWNER against de!ertive Work. FN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's auihori:y and responsibility sei forth in paragraph 9.13. and panic.tlaih. but wilho it lim.lation. during or as a result of ENGINEER's on -ore xi,rts or observations of CONTRAC"EOR', Work ENGINEER will not ,Lper.ic•. direct. control or have authority Liver or be respart- sihle for CONTRACTORS means. methods. techniques, se- quences o: pro.edures of construcaem. or the safet} precau- tions and programs incident thereto, or for any failure of C ONTRAC'TUR to comply with Lacs and Regulations appli- caole :Li the furnishing u, pertbonnance of the Work. Project Represeneatire: 9 l If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGI- N EFR in providing more continuous observation of the Work. hhe responsihilit:es and authority and limitations thereon of am such Resident Project Repesenative and assistants will be as provided in paragraph 913 and in the Supplementary Conditions If OWNER designates another representative or agent lo represent OWNER al the site who is not ENGI- NEER'S Const.ltart, agent or empioyee, the responsibilities and au:holly and limations :hereon of such other person will he as provided in the Supplementary Conditions. Ckijt canon v and Interpn canons. 9.4. ENGINEER w91 issue with reasonable promptness such w-irten clarifications or interpretations of the require- ments of the Contract Ikxuments (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall he consistent with the intent of and reasonably inferable from Conuasi Documents. Such written clarifications and interpretations wall he binding on OWNER and CONTRAC- TOR. II OWN FR or CONTR.A(T(}R believes that a written clarification or inlerrrelafion justifies an adjustment in the Contract Prcc or the Contract Times and the parties are unable 10 agree to the amount o- extent thereof, if any. OWNER or CON'rR,4C]TDR may make a written claim therefor as pro- vided in Article I I or .Article 12 Authan;rd Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of :he Contract Documents which do not in oIve ar adjustment :n :he Contras: Price or the Contract 'I imes and are compatible wish the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. rhe,e may he accomplished by a Field Order and withe binding on OWNER and also on ('ONTR.ACD)R who ,hail perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order juries an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to The amount or extent thereof. OWNER oi CONTRACTOR may make a wnilen claim therefor as provided in Article II or 12_. RejecdruR Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER behexee to he defeathe, or 1 II I HI I I Fl I I r] I I I I I S. 311 1 I I I, I I n I J I 7 I I I I I I 1 I. that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement." entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or 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 start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement;" entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitations an ENGINEER's Authority and Respansibiti6ts: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. ' 31 I 9.13.2. ENGINEER will not supervise. direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or prnec- dures of construction, or the safely precautions and pro - vans incident thereto, or for any failure of CONTRACIOR to comply with Laws and Regulations applicahie to the fumi sh ing or pe rformance of the Work. ENGINEER will not be responsible for CONTRACT'OR's failure to perfonn or furnish the Work in accordance with the Contract Docu merits. 19.13 3. ENGINEER will not be responsible for Iheads or omissions of CONTRACTOR u- of any Subcontractor, any Supplier. or of any other person or organist ion pertarm- ing or famishing any of the Work 9.13.4. FNGINFER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules. guarantees. bonds and certificates of inspection. iests and approvals and Other documentation required to he delivered by paragraph 14.12 will only he to determine generally that their content complies with the requirements of. and in the case of certificates of inspections. tests and approvals that the results certified indicate compliance w ith. the Contract Doc- ument',. 9.13.5. The limitations upon authority and rest iraihility set forth in this paragraph 9.13 shall also apply to I-NGI- NEER's Consultants. Resident Project Representatise and assistants. ARTICLE. 10 —CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice In any surety, OWNER may at any time cr from time to lime, order additions. deletions or revisions in the Work. Such additions, de:etions or revis)ors will he authorized by a Written Amendment, a Change Order, or a Work Change Directive Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work in%olved which will he performed under The applicanle conditions of the Contract Documents (except as otherw-se specifically. pro- vided). 102. If OWNER and CONTRACTOR ai e unable to agree as to the extent, if any. of an adjustment in :he Contiacl Price or an adjustment of the Contract Times that should he allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.1. CONTRACTOR shall not he enliLed Loan increase in the Contract Price or an extension of the Contract Times with respect :o any Work performed that is not required by the Contract Documents as amended, modified ana supp:emcn:ed as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the vase of uncovering Work as pro% ided in paragraph 13.9. 0.4, OWNER and CONTRACTOR shall execute appro- prate Change Orden recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are n) ordered by OWNER pursuant to paragraph 10.1. Iii) required because of acceptance of defective Work under paragraph 13.13 or correcting dejretne Work under paragraph 11.14. or (iii} agreed to by the parties: II) a 2. changes in the Contract Price or Contract Times which are agreed to by the parties: and 1OA.7 changes in the Contract Price or Contract Times which embody The sahstance of any written decision ren• dered by ENGINEER runuant to paragraph 9.11: pros idea that. in I:eu of executing any such Change Order, an appeal ma) he raker. from am such decision in accordance w.lh the provisions of the Cent -act ikxumeri s and applicable Laws and Regulations. hul during any such appeal, CON- TRACTOR shall cam or. the Work and adhere to the progress schedwe as prm ided in paragraph 6.2_9. 10 5, It notice of ary change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing. nut nor limi:ed to. Contract Price or Contract Times) is required by the provisions of am Bond to he given to a surety. :he tips irg clan' such notice w ill he CONTRAC TOR's respon- sihility. and ;tie amount of each applicable Bond will be adjjs:ed accordingly. ARTICLE II -CHANGE OF CONTRACT PRICE Ill, The Contract Pnee conslitules the Iota: compensa- tion isuhlect to authon7ec adjustments) payable to CON- TRA('TOR for performing the Work All duties. responsihili• ties and obliganons assigned Io or u nderta►cn by CONTRACTOR shall he at CONTRACTOR'S expense without change in the Contract Pnce. 11.2. The Conlract Pace may only be changed by a Change Order or by a Wnhuen .Amendment Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to E\GINI:ER prompt's thus in no event later than thirty days: after the start of the occurrence m 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 he delivered wrthm sixty days after the start of such occurrence or event fun:ess ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall he accompanied by claimant's written statement that The adjustment claimed coven all known amounts in which the claimant is entitled as a result of said occurrence or event All claims foradjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CI)NI RACIUR cannot otherwise agree on the amount involved. No daim loran adjustment in the Contract Pnce wall 1 II C I 1 L I 41 I I H I I I 32 I LI 1 I, I I I I H b I I I 11 I I 1 I. 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 adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities• of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Coat 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 be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 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. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. ' 33 I 11.4.5.6. Losses and damages land related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable Such losses shall include sellle- ments made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACIOR's fee, if. however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitan facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis• tance telephone calls, telephone senice at the site. ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work 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 lof partnership and sole proprielorships), general managers. engineers, ar- chitects. estimators, attorneys. auditors, accountants, pur- chasing and contracting agents, expediters. timekeepers. Jerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job chtssificalions referred loin paragraph 11.4.1 or specifically covered by paragraph 11.4.4—a11 of which are to be consid- ered administrative costs covered by the CON] RACIOR's fee. 11.5.1. Expenses of CONTRACICIR's pnncipal and branch offices other than CONTRACTOR's office al 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 delin- quent 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 subparagraph I I.4.5.9 above) 11.5 5. Costs due to the negligence of CONT'RA.C- IOR. any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may he liable, including but not limited to. the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. 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. The CONTRACTOR', fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: I L I 11.6.1. a mutually acceptable fixed fee; or ' 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for coss incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACIOR's fee shall be fifteen percent: I 11.6.2.2. for costs incurred under paragraph 11 4 3. the CONTRACTOk's fee shall he five percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of ('ost of the Work plus a fee and no fixed fee is agreed upon. the intent of paragraphs 11.4.1. 11.4.2. 114 3 and 11.62 is that the Subcontractor who actually performs or furnishes the Work. at whatever tier. will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 1 1.4.2 and that an) higher tier Suhcmntracior and CONTRACTOR will each be paid a fee of live percent of the amount paid to the next lower tier Subcontractor; 11.6.24 no fee ,hall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5: I t.6.2.s. the amount of credit to be allowed by CON- TR.4CIOR to OWNER for any change which results in a net decrease in cost will he the amount of the actual net decrease m cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change. the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11,6.2.5. inclusive. 11.7. Wherever the cost of any Work is to be determined pursuant 10 paragraphs 114 and 11.5, CONTRACTOR will establish and maintain records thereof rn accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gelher with supporting data. d I I II I Hi I 34 I 1 I. 1 1 1 1 1 1 1 1 1 1 1 Cash Afhrruarces: 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 fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling 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 allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price 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 price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- rated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) 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 extent 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 the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) ' 35 I delays beyond the control of both parties including but not limited to fires, floods. epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTlt'E WORK 13.1. Notice of Defects- Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All deftetire Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work 13.2. OWNER, ENGINEER, ENGINEER's Consultants. other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests wiil have access to the Work al reasonable times for their observation. inspecting and tes:Prig. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S site safety procedures and programs so that they may comply therewith as applicable Te.4e and Iasperrioru: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections. tests or approvals. and shag axypende with inspection and tesling personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent letting laboratory to perform all inspections, tests. or approvals required by the Contract Documents except: 13.4,1. for inspections. lesis or approvals covered by paragraph 13.5 below: 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall he paid as provided in said paragraph 13.9: and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public hod% having jurisdiction require any Work for part thereof) specifically to be inspected. lested or approved by an employee or other repre- sentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspeclions. tests or approvals. pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR ,hall also he responsible for arrang- ing and obtaining and ,hag pay all costs in connection with any inspections. tests or approvals required for OWNER's and ENGINEER', acceptance of materials or equipment to be incorporated in the Work, or of materials. mix designs. or equipment submitted for approval prior to CONTRAC1t)R's purchase thereof for incorporalion in. The Wor'h. 13.6. If any Work ice the work of others) that is Co be inspected. tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER. it must, if re- quested bN ENGINEER. be 'inns Bred for ohservation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR', expense unless CONTR.ACPUR has given ENGINEER timely nolice of CO\TR.ACIT)R's men - lion to cover the same and ENGINEER has not acied with reasonable promptness in lespncse to such notice. I'arorrrfng Rbrkc 13.8 If any Work's covered convary to the w titter, request of ENGINEER, rl must. 't requested by ENGINEER. be uncovered for ENGINEER's ohservarion and repaced at CONTRACTC)R's expense. 13.9. If ENGINEER considers it necessa.-y or advi,ahle that covered Work be observed by ENGINEER or inspected or tested by others. CON'IRAC'TOR, a. FNGINEER'N re- quest. shall uncover, expose or otherwise make available for observation. inspection or testing as ENGINEER may require, that portion of the Work it question, furni,hing air necessary lair. material and equipment. 11 11 is found that such Work is drfrrrhe. CONTRACTOR shall pay all claims, costs, losses and damages caused hy. arising out of or resulting from such uncovering, exposure, ohsenation, inspeclion and testing and of satisfacton replacement or-econsiruction (including but not limited to all costs of repair or replacement of work of others', and OWNER chill be entit'ed Loan appropnale 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 11. if, however, such Wo-k is not found In be delta true. CONTRACTOR shall he allowed an increase in the Contract Price Oran extension of the Contract Trine, f or Milestone,), or noth. aire&dy attnhutahle to such uncovering. exposure. ob- servation.:nspecuon. testing. replacement and reconstruction: and, if the parties are unable :o agree as to the amount or e tent thereof, CONTR.A'R)R may make a claim Ihe-efor as pro- vided in Articles ! and 12. OWNER Way Stop the Work: 13.10. If the Work is de'fec the, or CON'! R.AC7OR fails to supply sufhcienl skilled workers or suitahlc materials or equip- ment, or fails lo furnish or perform the Work in. such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR :o slop the Work, or any portion (hereof. until the cause for such order has been eliminated: however, this nght of OWNER to stop the Work I 'I I I1 I I I I S II I 1 I P1 I [] 1 •, 36 I R I, 1 1 1 1 1 shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or 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 Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. 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 applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. 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 corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial 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. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties 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 recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR' and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performanceof the Workattributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE II PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and I 37 I will he incorporated into a form of .Application for Pa%menl acceptable to ENGINEER. Progress paymenn tin accounl of Unit Price Work will he haled on the number of dnils com- pteted App&anan for Pmgrrss Pmmeru.' 14.2. At lea<I twenty days before the dale es:ahlished for each progress payment Ihut not more often than once a month), CONTRACTOR shad submit lo FNGINFER for review ar. Application for Payment filled oul and signed hs CONTRACTOR covering (he Work co.mple:ed as of the dale of the Application and accompanied by lush suppoling documentation as is required by the Contract fi,eumenn It payment is requested tin the basis of materials and equip- ment not incorporated in the Work but delisered and s.titahl} stored a: the site or at another location agreed loin carting. the Appication for Pasmenl shall also be accompanied hh a hi;l of sate. invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence :hal the material and equipment are covered hs' appropriate property Irnurance and other arrangements to protect OWN ER's interest the-eir.. all of which wit: he satisfactory ro OWNER. 1 he amount of retainage with respect to progress payments ilhe as stipulated in the Agreement. CONTRAC TOR's f+'arrant}' of Tide: 14.3. CONTRACTOR w arrant, and guarantees that :.Ile io all Work, materials and equipment covered hs ar.% Applica:ion for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Review of App&mtans for Progress Popmeat: 14.4. HNGINhF.R will, within :en dal, after receint of each Application for payment. either indicate ir writing a recommendation of pasmenl and present the Applicalion lo OWNER, or return the App:cation to CONTRACTOR indi- cating in writing ENGINEER'S reasons for refusing to recom mend payment In the latter case. CONTRACTOR may make the necessary correclions anti resubmit the Application Ten day% after pre,entatior of the Application for Payment to OWNER with FNGINI:FR's recommendation, the amount recommended will (subject to the prosisions of the last sen- tence of paragraph 14. ;) become due and when due m it l he paid by OWNER to CONTRAC'ICR. 143 E\GINEE W reconimerdation of any pasmcn: re- quested in an Application for Payment will consotnre a ieare- sentation by ENGINEER toOWN ER. based on ENGINEER's on -site obsersafions of the executed Work a, an experienced and qualified design professional and on ENGINEER'review of the Application for Payment and the accompanying data and schedules. that to the best of ENGINEER'. knowledge. infor- mation and he:ief: 14.5.1. the Work ha, progresses to the pan: indicated, 14.5.2. the quality of :he Work is general). in accor- dance with the Contract 1ocamenrs (subject to an evalu- ation of the Woi Is aN a functioning w hole prior :c or upon Suhst:mual Co.-nple:ion. to the results of any subsequent tests cafed for in :he Conrmct Documents, to a final derermindion of quanti::es and classifications for Unit Pico Work ur.dei paragrtph q. W. and to ar.s other quali- ficlions s:a:ed in the recommendation). and 14.4.3. :he conditions precedent to CONTRACTOR's being entitled to such ragmen: appear to have been fulfilled ir. so far as it is ENGINEER', responsihrlits to nbserse the Work. }+owesei. by recommending ar.% such payment hNGINEER mill not thereby he deemed In nave rerresented that: Iit exhaustne or con inu,us en vi:e Inspections haze 1,een made In check the quality or the quantih of the Work beyond the Ie,pon%ihilires specificalnv assigned to h\IiiNFER in the Contract Dix umenh or ii r:oat there may nol ne other matters of ns.tes between the panics that might entitle CONTRAC- TOR to he paid addi:ionally h OWNER or entitle OWNER to wihhold payment :v C0NTRAC-1OR. 14.6. FNGINEER's reconmendal ion of an payment. in- cluding final ; aymcn:. ,hall not mean thai UNGiNFE.R is res nsihlefor(ON'IRA(-IT)R'srrcans.methods.lechniques. sequence, or proccaures of contruction, of the ,Met s precau- licns and p-ogian's ncdent Ihereto. or for any failure of CONTRACTOR to con»; Ili wilJt I awl and Regulations appli- cah'e ro the filmiching or performance of Work, or for any failure of CONTRACI1)R to perform or furnish Work in accordutcc m ith the Cor.Tract Documents. 14.7 ENGINEER mat refuse to recommend :he whole or ;ins pan of any pahme-it if. in hN(iCNl• FR', opinion. it would be mcorrec: to make the represenlation, to OWNER referred :o i-I parag-'apll 144 I'N(iINEFR may also refuse lo recom- mend any such pas men). ov. because of sahsequerlly discov- ered es idence or the rcci.lh of,uhseGuent insptxtions or reds. nullifv any such payment pre,iut.sls recommended, to such extent as m:n he necessan in ENGINI•.ER's opinion to protect OWNER from mss because: 14 7.1. the Work s Ji'In w i•. or completed Work has been damaged regwnng correction or replacement. 14 7:. the Contract P,cc his been reduced by Writ- ten Amendment or Change Order. 14.7 1 OWNER has hecn required to correct dtfer- n. Work or complete Work m accordance with paragraph 13.:4. or 14.?.4. ENGINEER has actual knowledge of the oc- cui:enLe of an\ of the events erumerateu •n paragraphs 15.2.1 through I5 :.4 mclasve. OWNER may refuse to make pasmenl of the lull amount retommended by h\GI \ hhR because: 14.?.', chums ha,c been made against OWNER on accounl of CONTRA(11)Rs performance or furnishing of the Work. I II C I I I I [1 dI H I I I I 1 •' I 1 I, 1 1 1 1 1 M 1 1 1 1 1 1 1 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Subsmntial 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 CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially 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 Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within 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, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to 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 that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all ' 39 particulars in which this inspection reveals That the Work n incomplete or defective. CO'srTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Appiedion for Pavmeru: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions. schedules. guarantees. Bonds, certifi- cates or otherevidence of insurance required by paragraph 5.4, certificates of inspection. marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered ) by: (it ail documentation called for in the Contract Documents. including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ii) consent of the surety. if any. to final payment, and (iii) complete and legally effective releases Cr waivers (satisfactory to OWNER} of all Liens ansing out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: ti) the releases and receipts include all labor, services, material and equipment foi which a Lien could be filed. and (ii) all payrolls. material and equipment bills and other indebtedness connected with the Work for which OWN ER or OWNER's property might in any way be responsible hase been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in ful:. CONTRACTOR may furnish a Bond or other collateral salis- factory to OWNER to indemnify OWNER against any Lien. Find Payment and Acceptance: 14.13. If, on the basis of ENGINEER's ohsenauon of the Work during construction and final inspection. and ENGI- NFER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligalions under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendalion of payment and present the Application to OWNER foi pay- ment. Al the same time ENGINEER will also give wnllen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. O h- erwise, ENGINEER will return the Application to CON- TRACPOR, indicating in writing The reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENCI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRAC OR, final com- plelion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement. make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to he held by OWNER for Work not fully completed or corrected is less I han the retunage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1. the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall he submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of ('lain: 14.15. 'The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR. except claims ansing from unsettled Liens. from defertir e Work appearing after final inspection pursu- ant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR', continuing ob- ligations under the Contract Documents: and 14.15.2. awaiverofakclaimsbyCONTRACTOR against OWNER other than Those previously made in writing and still unsettled 1 1 'I 1 1 1 1 1 SI ARTICLE IS--SLSPF.NSION OF WORK AND 'TERMINATION OW.VER May Suspend Work. 15.1. At any time and without cause. OWNER may 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 dale on which Work will be resumed CONTRACTOR shall resume the Work on the date so fixed. C ONTRACTUR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both. directly attributable to any such suspension if CON]RACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminme: 152. Upon the occurrence of any one or more of the following events: C I I C EN I 1 I. 1 1 1 1 1 lie 1 1 1 1 1 1 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als 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 entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, 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 finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise ' 41 I such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS GMiug NSSa: 17.1. Whenever any provision of The Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. Comps ia, of Times: 17.2 I 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 computalion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Noon of CWm: 17,3. Should OWNER or CONTRACIDR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limilalions or repose. CumaWw Remedies: 17 4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto. and, in particular but without limitation. the warranties, guarantees and obligation% imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32. 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 consiwed 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 he as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. professional Fees and Courr Cosa l nciuded: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case. but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] I II H I I I I I 7 I I I 1 I S, 42 I 1 I. 1 1 1 1 1 M 1 1 1 1 1 1 1611; L iiu i 1' 1 DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation 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 accordance herewith as provided in this Article 16 will be specifically 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 written decision or (b) the thirty-first 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 will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration 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 written 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 limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) 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, and 16.4.2. such other person or entity is substantially in- volved 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 CONTRACTOR 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. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] GC -AI I 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof l"disputes"}, to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initialing arbitra- Lion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to fik a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall he suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under Ihis Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. I r I I sl I L I I I 1 •' GC -A2 I I I n P I 17 I (This page was left blank intentionally.] P Li P I P I 1 j. A Article 2.2 of the General Conditions shall be amended to read OWNER shall furnish to CONTRACTOR up to two copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Upon receipt of a partial payment request in accordance with Article 14.2 of the General Conditions the ENGINEER will, within ten (10) days of receipt, either indicate in writing approval of payment and present said estimate to the OWNER or return the partial payment request to CONTRACTOR indicating in writing the reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the payment request. The OWNER will, within 30 days of presentation of an approved partial payment request, pay the CONTRACTOR a progress payment on the basis of the approved partial payment request less retainage. The retainage shall be 10% of said estimate until 50% of the work has been fully complete. At 50% completion, further partial payments shall be made to the CONTRACTOR in full with no additional retainage unless the ENGINEER certifies that the job is not progressing satisfactorily, but amounts previously retained shall not be paid to the CONTRACTOR. At 50% completion or anytime thereafter where the progress is not satisfactory, additional amounts may be retained but in no event shall the retainage be more than 10% of the work completed. When work is substantially completed, any amount retained may be paid to the CONTRACTOR except that the OWNER shall retain an amount sufficient to cover any work yet to be completed. I I, I, I, C I I Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate attached to the final payment request that the WORK has been accepted under the conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by the OWNER shall be paid to the CONTRACTOR within thirty (30) days of completion and acceptance of the WORK. The CONTRACTOR will indemnify and save the OWNER or the OWNER'S agents harmless from all claims growing out of the lawful demand of SUBCONTRACTORS, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools and all supplies, incurred in the furtherance of the performance of the WORK. The CONTRACTOR shall, at the OWNER'S request, furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified the CONTRACTOR, either pay unpaid bills or withhold from the CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged whereupon payment to the CONTRACTOR shall be resumed in accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the provisions of this sentence be construed to impose any obligations upon the OWNER to either the CONTRACTOR, the I H -W JOB NO. WA -91-01 1 I CONTRACTOR'S Surety, or any third party. In paying any unpaid bills of the CONTRACTOR, any payment so made by the OWNER shall be considered as a payment made under the CONTRACT DOCUMENTS by the OWNER to the CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such payments made in good faith. ARTICLE 21 INSURANCE: 21.1 The CONTRACTOR shall purchase and maintain such insurance as will protect it from claims set forth below which may arise out of, or result from, the CONTRACTOR'S execution of the WORK, whether such execution be by the CONTRACTOR, any SUBCONTRACTOR, or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: 21.1.1 Claims under worker's compensation, disability benefit and other similar employee benefit acts; 21.1.2 Claims for damages because of bodily injury, occupational sickness or disease, or death of employees; 21.1.3 Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees; 21.1.4 Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the CONTRACTOR, or (2) by any other person; and 21.1.5 Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom. 21.2 Certificates of insurance acceptable to the OWNER shall be filed with the OWNER prior to commencement of the WORK. Theme Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (:5) days prior WRITTEN NOTICE has been given to the OWNER. 21.3 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, liability insurance as hereinafter specified: 21.3.1 CONTRACTOR'S General Public Liability and Property Damage Insurance including vehicle coverage issued to the CONTRACTOR and protecting the CONTRACTOR from all claims for personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under the CONTRACT DOCUMENTS, whether such operations be by the CONTRACTOR or by any SUBCONTRACTOR employed by the CONTRACTOR or anyone directly or indirectly employed by the CONTRACTOR or by a SUBCONTRACTOR employed by the CONTRACTOR. Insurance shall be writter. with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom sustained by any one person in any one accident; and a limit of liability of not less than S500,00C aggregate for any such damage sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than. $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability H I I I I I 1 n n L I I L C H -W JOB NO. WA -91-01 2 SUPPLEMENT TO GENERAL CONDITIONS I I I of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident. ' 21.4 The CONTRACTOR shall procure and maintain, at the CONTRACTOR'S own expense, during the CONTRACT TIME, in accordance with the provisions of the laws of the State in which the WORK is performed, Worker's Compensation Insurance, including ' occupational disease provisions, for all of the CONTRACTOR'S employees at the site of the PROJECT and in case any WORK is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly to provide Worker's Compensation Insurance, including occupational disease provisions for all of the latter's employees ' unless such employees are covered by the protection afforded by the CONTRACTOR. In case any class of employees engaged in hazardous work under this contract at the site of the PROJECT is not protected under Worker's Compensation statute, t the CONTRACTOR shall provide, and shall cause each SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. ' 21.5 The CONTRACTOR shall secure, if applicable, "All Risk" type Builder's Risk Insurance for WORK to be performed. Unless specifically authorized by the OWNER, the amount of such insurance shall not be less than the CONTRACT PRICE totaled ' in the BID. The policy shall cover not less than the losses due to fire, explosion, hail, lightening, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the CONTRACT TIME, and until the WORK is accepted by tthe OWNER. The policy shall name as the insured the CONTRACTOR, and the OWNER. ARTICLE 22 CONTRACT SECURITY: ' The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF AWARD furnish the OWNER with a Performance BOND and a Payment BOND in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance ' by the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR to all persons supplying labor and materials in the prosecution of ' the WORK provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the CONTRACTOR and a corporate bonding company licensed to transact such business in the State in which the WORK is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570, provided that the contract amount shall not exceed the underwriting limitation listed for the surety in Circular 570. For contracts in excess of $100,000, the BONDS shall be issued by a Bonding Company ' listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000.00, but less than $1,000,000.00 - rating or higher and contract amount may not exceed 2.0% of the 'policyholder's surplus. (2) contracts in excess of $1,000,000.00 - "A" rating or higher and ' contracts may not exceed 2.0% of .the policyholder's surplus. In addition, the BONDS shall be executed by an Arkansas Agent; not countersigned. I The expense of these BONDS shall be borne by the CONTRACTOR. If at any time a surety on any such BOND is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of Surety Companies, CONTRACTOR shall within ten (10) days after notice from the OWNER to do so, H -W JOB NO. WA -91-01 3 SUPPLEMENT TO GENERAL CONDITIONS I substitute an acceptable BOND for BONDS) in such form and sum and signed by such other surety or sureties as may be satisfactory to the OWNER. The premiums on such BOND shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable BOND to the OWNER. ARTICLE 23 INDEMNIFICATION: 23.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the ENGINEER and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the WORK, provided that any such claims, damage, lose or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the lass of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. 23.2 In any and all claims against the OWNER or the ENGINEER, or any of their agents or employees, by any employee of the CONTRACTOR, and SUBCONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any flmjtation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR Cr any SUBCONTRACTOR under worker's compensation acts, disability benefits acts or other employee benefits acts. 23.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the liability of the ENGINEER, its agents or employees arising out of the preparation or approval of maps, DRAWINGS, opinions, reports, surveys, CHANGE ORDERS, designs or SPECIFICATIONS. ARTICLE 24 WAGE RATES: This project is governed under the authority of the ARKANSAS PREVAILING WAGE LAW, ACT 74 of 1969 as amended by ACT 275 of 1969 and compliance is requ;red. END OF SUPPLEMENT TO GENERAL CONDITIONS H -W JOB NO. WA -91-01 4 SUPPLEMENT TO GENERAL CONDITIONS H L L C L L C L L C J I I L L L SC100.01 GENERAL: The General Conditions are general in scope, and may refer to conditions not encountered on or in connection with work covered by this contract. Any provision of the General Conditions which pertains to a non-existent condition and is not applicable to the work to be performed hereunder, or which conflicts with any provision of the Special Conditions, shall have no meaning in the contract and shall be disregarded. SC100.02 SPECIFICATIONS: The specifications which govern the materials and equipment necessary to be furnished and work to be performed are listed in the Table of Contents. No attempt has been made to segregate work to be performed by any trade or subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the Contractor, subcontractor, and their respective employees. The Specifications as a whole will govern the construction of the entire work. The applicable provisions will govern work to be performed under each schedule. SC100.03 POWER: I II II C I All power for lighting, operation of Contractor's plant or equipment, or for any other use by the Contractor to conduct or to expedite the work shall be provided by the Contractor at his sole cost and expense. The Contractor shall arrange for service at his discretion from the power company and shall assume liability for all charges until the improvements have been accepted by the Contracting Authority. The Contracting Authority will request the transfer of the service on that date and assume the liability for charges incurred by the Contracting Authority from that date. SC100.04 LINES AND GRADES: All work shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to work, so that lines and grades may be furnished and measurements for record and payment may be made with minimum inconvenience to the Engineer and minimum delay to the Contractor. The Contractor shall furnish, without charge, competent men from his force and such tools, stakes, and other materials as the Engineer may require for restaking and work required to be restaked. The Contractor will not proceed with the work unless there is an accurate grade stake at a maximum distance of 50 feet. The Contractor may elect to hire the Engineers, to restake said work. If so elected, he will pay only time and materials required for restaking work which has been previously staked by the Engineer, at the Engineer's normal hourly billing rate. J H -W JOB NO. WA -91-01 1 Any work done without being properly located on grade or off alignment may be ordered removed and replaced at the Contractor's expense. SC100.05 RIGKTS-OF-WAY: The necessary rights -of -way and easements for the project and to carry out the work along the project will be provided by the Contracting Authority. The Contractor shall confine his construction operations to the immediate vicinity of the locations shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the approval of the Engineer. The Contracting Authority will not be responsible for haul road to and from the right-of-way. The Contractor shall be responsible for all damage to crops and other property outside of the rights-cf-way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. All work performed, and all operations of the Contractor, his employees, or his subcontractors, within the liw.its of railroad and highway rights -of -way shall be in conformity with the requirements, and be under the control (through the Contracting Authority), of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each came. All existing fences which interfere with the construction operations shall be maintained by the Contractor until the completion of the work affected thereby, unless written permission is obtained from the Contracting Authority thereof to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and locked at all times when not in use. Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a better condition and quality, purchasing new material and replace all materials lost, damaged, or destroyed. Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the owner and tenant of the property. All materials used in fence repairs or replacements shall be approved by the Engineer. SC10C.06 PROTECTION AND MAINTENANCE OF PUBLIC AND PRIVATE PROPERTY: The Contractor shall protect, shore, brace, support, and maintain all underground constructions uncovered or otherwise affected by the construction work performed by his.. All pavement, surfacing, driveways, curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by construction operations in connection with the performance of the Contract, together with all sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. H -W JOB NO. WA -91-01 i SPECIAL CONDITIONS I The Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public ' or private property or facility, regardless of location of character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable ' arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. ' All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. I SC100.07 MAINTENANCE OF TRAFFIC: The Contractor shall conduct his work so as to interfere as little as ' possible with public travel, whether vehicular or pedestrian. Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall at his own expense provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to Owner of private drives before interfering with them; provided, however, that t such maintenance of traffic at any designated point thereon and for the duration of whatever period of time as may be agreed upon. In making open cut street crossings, the Contractor shall not block more ' than one-half of the street at a time. Wherever possible, the Contractor shall widen the shoulder on the opposite side to facilitate traffic flow. Temporary surfacing shall be provided as necessary on shoulders. It shall be the ' responsibility of the Contractor to notify the police or fire department prior to cutting or blocking any public street or roadway. At the time of the preconstruction conference, the Contractor shall provide ' to the Owner a detailed traffic control plan indicating detouring routing, ■ignage and other traffic control features. Traffic control shall conform to the Manual on Uniform Traffic Control Devices. SC100.08 UNDERGROUND INSTALLATIONS AND STRUCTURES: ' Pipelines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plane according to the best information available to the Contracting Authority. The I Contractor shall be required to contact Arkansas One Call System, Inc. (800)482- 8998, and the Fayetteville Water and Sewer Department prior to any commencement of construction activities. The Contracting Authority does not guarantee to accuracy of such information. House sewer connections, water and gas services, t and other utility lines may not be indicated on the plans. The Contractor shall make every effort to locate all underground pipelines, conduits, and structures by contacting owner of underground utilities and by prospection in advance of trench excavation. The existing pipelines and vicinity of the work to accomplished at no addil H -W JOB NO. WA -91-01 moving of planned improvements to avoid conflict with other existing installations and structures in the be done for the convenience of the Contractor shall be :ional cost to the Contracting Authority. 3 SPECIAL CONDITIONS SC100.09 SCHEDULE OF OPERATIONS: Before work is started, the Contractor shall prepare of all construction operations that shall not only indicate work, but alec the time of starting and completion of each shall be submitted to the Engineer for his approval. The C be required to submit an updated version of this schedule of each periodic payment estimate. a detailed schedule the sequence of the part. The schedule �ntractor shall also with the submission :f conditions beyond the control of the Contractor justify, and the Contracting Authority approves an extension of contract time, the Contractor shall revise the construction schedule n accordance with the approved extension. The Contracting Authority may require the Contractor to add to his plant, equipment, or construction forces, as well as increase the working hours, if operations fall behind the approved schedule to an extent that the completion of the work within the specified time appears doubtful. I L H H I The Contractor shall coordinate any and all connection■ to existing water line with the City of Fayetteville, and the Fayetteville Water and sewer Department. SC10C.10 CONS^RUCTION SUPERVISION: Construction Fayetteville Road, shall provide the activities. SC100.11 ACCESS: I supervision shall be by Hawkins -Weir Engineers, Inc., 411 Van Buren, Arkansas 72956 (501-474-1227). The Contractor Engineer with a detailed schedule of proposed construction The Contractor shall provide for access to the construction activities during working hours or as requested to authorized representatives of the City of Fayetteville, the Engineer (Hawkins -Weir Engineers, Inc.), and the Arkansas State Department of health. SC100.12 CONTRACT TIME: The date of the beginning for completion of the work are essential conditions of the Contract Documents and the WORK embraced shall be commenced on a date to be specified in the NOTICE TO PROCEED. The Contractor will proceed with the WORK at such rate of progress to insure full completion within the CONTRACT TIME. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER that the CONTRACT TIME for the completion of the WORK described herein is a reasonable time, taking into consideration the average climatic, economic, and other factors prevailing in the locality of the WORK. If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME, or written extension of the CONTRACT TIME granted by the OWNER, then the CONTRACTOR will pay the OWNER for liquidated damages as specified in the BID for each calendar day that the CONTRACTOR shall be in default after the time stipulated in the BID. In addition, the CONTRACTOR shall pay all ENGINEERING C B -W JOB NO. WA -91-01 4 SPECIAL CONDITIONS costs incurred by the OWNER for CONTRACT supervision beyond the required date of completion, said costs being based on the ENGINEER'S standard hourly rate plus expenses. The CONTRACTOR shall not be charged with liquidated damages or excess engineering costs when the delay is due to the following and the CONTRACTOR has promptly given written notice of such delay to the OWNER or ENGINEER: a. To any preference, priority or allocation order duly issued by the OWNER. b. To unforeseen causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not limited to, acts of God, acts of the public enemy, acts of the OWNER, acts of another CONTRACTOR in the performance of a Contract with OWNER, fires, floods, epidemic quarantine restrictions, strikes, freight embargoes, and abnormal and unforeseeable weather. SC100.13 NORMAL HOURS OF WORK: Work under this contract associated with the construction of the reinforced concrete box culverts shall be conducted between 8:00 a.m. - 8:00 p.m., Monday through Saturday. The Contractor is prohibited from working on Sundays. Work under this contract associated with excavation, trenching, backfill, and the laying of pipe shall be conducted during the normal working hours of the Fayetteville Water and Sewer Department, 8:00 a.m. - 5:00 p.m., Monday through Friday. The Contractor shall be allowed to perform clean-up and/or preparation activities before or after such regular working hours and/or on weekend days. $C100.14 QUALITY CONTROL TESTING: The Contractor will be responsible for the cost of all quality control testing. SC100.15 SAND. CEMENT. AND FLYASH SLURRY MIXTURE (UTILITY MIX): At locations where a sand, cement, and flyash slurry mixture is used as specified by the Engineer, the materials shall be in the ratio of 3400 lbs Sand 150 The Cement : 100 The Flyash. The slurry mixture shall be plant mixed and shall have a minimum compressive strength of 300 psi at 28 days. The specifications for the sand, cement, and flyash materials used in the slurry mixture are set forth in Section 401 of these Specifications. The design of the slurry mixture may be modified as required by the Engineer. ' END OF SECTION SC100, SPECIAL CONDITIONS ' H -W JOB NO. WA -91-01 5 SPECIAL CONDITIONS 110.01 Measurement and payment for contract work will be made only for and under those pay items included in the proposal or bid form. All other work and materials will be considered incidental to and included in the payment of the pay items in the proposal or bid form. Work acceptably completed under the contract will be measured by the Engineer according to United States standard measures. The method of measurement and computations to be used in determination of quantities of material furnished an of work performed under the contract will be those methods generally recognized as conforming to good engineering practice. The following methods of measurement are used to determine contract quantities for payment. For individual construction items, longitudinal and lateral measurements for area computations will be made horizontally or corrected to horizontal measurement unless otherwise specified. For items that are measured by the linear foot, such as pipe culverts, guard rail, underdrains, etc., measurements will be made parallel to the base or foundation upon which the structures are placed, unless otherwise specified. Structures will be measured according to neat lines shown on the drawings or as altered by the Engineer to fit field conditions. The average end area method will be used to compute volumes of earthwork, base course, or other materials specified for measurement by the cubic yard, unless otherwise specified. Where, in the judgement of the Engineer, the average end area method is impractical, measurement will be made by other three dimensional methods. Materials which are specified for measurement by the ton shall be hauled in approved vehicles bearing a plainly legible identification number and weighed on accurate, approved scales furnished by the Contractor and inspected and certified by a registered scale mechanic no less often than once a year and prior to their use after each move. Scales shall be located at the loading point or other approved location. ' Vehicles used to haul materials measured by weight shall be weighed empty for each load, or shall be weighed daily or from time to time during the day as the Engineer may direct, in order to establish the tare weight of each load. The scales furnished shall be capable of weighing the entire loaded vehicle at 'one time. For aggregates weighed for payment, the tonnage will be adjusted to dry t weight. If moisture determination is necessary, the daily average moisture content will be determined from not less than three representative samples of aggregate taken at random intervals each day that aggregate is being weighed. ' H -W JOB MO. WA -91-01 1 i I Asphalt cements, liquid asphalts and asphalt emulsions shall be measured by the gallon or by the ton in distributors, transfer tanks, supply tanks or tank cars as may be appropriate; or may be measured by other methods specified under the individual item. Gallonage measurements of asphalt cements and liquid asphalts shall be corrected to 6C degrees P using correcting tables from ASTM D 1250. Gallonage measurements of asphalt emulsions shall be corrected to 60 degrees F using the expansion coefficient factor of 0.00025 per degree Fahrenheit. Water added to dilute emulsified asphalt will not be included in the pay quantity. Volumetric measurements made in the various types of tanks, including distributors, may be based on calibration of the tanks made by the Engineer. In the case of railroad tank cars or distributors, the outage table furnished for each tank by the manufacturer may be used in lieu of actual calibration of the tank. The Contractor shall furnish at no cost to the Owner, all necessary equipment, materials and assistance for such calibration. Pay quantities will include only the material actually used in the work at the direction of the Engineer. When standard manufactured items are specified such as fence, wire, plates, rolled shapes, pipe conduit, etc., and these items are identified by gage, unit weight, section dimensions, etc., such identificaticn will be considered to be nominal weights or dimensions. Unless more stringently controlled by tolerances in cited specifications, manufacturing tolerances established by the industries involved will be accepted. Timber will be measured by the 100C foot board measure (M.F.B.M.). Measurements will be based on nominal width and thickness based or. applicable grading rules. The term "ton" will mean the short ton consisting of 2000 pounds. A "station' when used as a definition or term of measurement will be 100 linear feet measured horizontally. A "unit" will mean a single quantity regarded as a whole in calculations. The term "each" will mean one complete unit, which may consist of one or more parts. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories. The term "gage", when used in connection with the measurement of plates, will mean the U.S. Standard Gage. When the term "gage" refers to the measurement of wire, it will mean the wire gage specified in AASHTO M 32. 110.03 PAYMENT: The Contractor ■hall receive and accept compensation provitd for in the contract as full payment for furnishing all materials and for performing all I 1l I H -W JOB NO. WA -91-01 2 MEASUREMENT AND PAYMENT El I work under the contract in a complete and acceptable manner and for all risk, loss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof, unless otherwise provided in the contract documents. ' If the payment clause in the specifications relating to any unit price in the proposal or bid form requires that the said unit price cover and be considered compensation for certain work or material essential to the item, this same work or material will not also be measured or paid for under any other pay item which may appear elsewhere in the specifications. When the accepted quantities of work vary from the quantities in the ' proposal, the Contractor shall accept as payment in full, so far as contract items are concerned, payment at the original contract unit prices for the accepted quantities of work done. No allowance, except as otherwise provided ' in the contract documents, will be made for any increased expenses, loss of expected reimbursement, or loss of anticipated profits suffered or claimed by the Contractor resulting either directly from such alterations or indirectly from unbalanced allocation among the contract items of overhead expense on the ' part of the bidder and subsequent loss of expected reimbursements therefor or from any other cause. Ii I I I I IEND OF SECTION 110, MEASUREMENT AND PAYMENT ' N -W JOB NO. WA -91-01 3 MEASUREMENT AND PAYMENT The Contractor shall be responsible for traffic control and maintenance relative to the work involved in the project. Prior to the start of construction, the Contractor shall submit a traffic control plan for approval by the Engineer. This plan shall show proposed detour routes, signing, and other traffic control measures. Traffic control within state or federal highway rights -of -way shall be subject to approval by the Arkansas Highway and Transportation Department. The Contractor shall not close any public trafficway (street, road, sidewalk, alley, etc.) until he has obtained the necessary permits, the permission of the appropriate authorities and has notified the local fire department, police department and ambulance service. The referenced appropriate authorities shall include both the City of Fayetteville Engineering and Traffic Departments. The Contractor shall provide a safe, substitute route for any portion of a trafficway obstructed wholly or partially by his operations. He shall erect and maintain all necessary barricades, lights, detour signs, danger signals and signs, directions to travelers and shall take all necessary precautions for the protection of the work, the safety of his employees and the safety of the public. Singing, barricades and lighting shall be in accordance with the U.S. Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices. The installation of the traffic control devices shall be subject to approval of the Engineer. Should the Contractor fail to maintain barricades or other traffic control devices, or to maintain trench backfill, detours or driveways, such that immediate attention is required, the Owner will take the necessary corrective action and will bill the actual cost to the Contractor. The Contractor shall maintain access to all properties adjacent to public rights -of -way during construction of the project. The Contractor shall construct temporary drives or detour routes, as required, to maintain access, and the Contractor shall remove temporary drives or detour routes upon completion of the work. Traffic control and maintenance included in this section shall be considered incidental to the construction and shall not be paid for separately. END OF SECTION 120, TRAFFIC CONTROL AND I H -W JOB NO. WA -91-01 0 I SECTION 201. SITE PREPARATION 201.01 SCOPE OF WORK: This work shall consist of all site preparation and removal and disposal of obstructions. 201.02 LIMITS OF WORK: ' The limits of the work under this contract shall extend to the right-of- way lines of the street unless otherwise indicated on the plans or in the Special Conditions. ' The City of Fayetteville will not be responsible for obtaining additional sites for the storage of equipment, the stockpiling of materials, the securing of additional materials, or other lands not required by the finished construction. 201.03 CLEARING WORK AREA: ' The work area shall be cleared of all obstructions that will affect or will be affected by the construction of the project. All items so encountered will be removed unless otherwise shown on the plans or otherwise directed by ' the Engineer. These items shall include, but not be limited to, signs, culverts, headwalls, pavements and other items constituting an obstruction which are encountered. ' All structures, foundations, culverts, headwalls, concrete slabs and all other obstructions or rubbish of any nature which interfere with the proposed improvements shall be removed as a part of the clearing operation unless otherwise directed by the Engineer or otherwise noted on the plans. 201.04 PROTECTING AND REMOVING OBSTRUCTIONS: ' The Contractor shall take every precaution in protecting and removing all obstructions intact unless otherwise permitted by the Engineer. These items ' shall include, but not be limited to, shrubs, hedges, signs, landscaping items, the brick and rock from sidewalks and driveways and all other items which constitute an obstruction but which are or should be considered as the property ' of those adjoining the street right-of-way. Items so removed shall be provided to the adjacent property owner if requested; otherwise, items shall be disposed of as specified in other sections ' of these specifications. Removal and relocation of traffic and street signs shall be coordinated with the City of Fayetteville Traffic Department. 201.05 OBSTRUCTIONS NOT SHOWN ON PLANS: ' The plans show the location of certain exposed and buried obstructions, as well as existing surface and subsurface structures. Neither the Owner nor the Engineer assumes any responsibility for failure to show such obstruction or H -W JOB NO. WA -91-01 1 structures on the plans or to show them in their exact location. The absence of these obstructions or. the drawings does not relieve the Contractor of any responsibility in the protection, removal and satisfactory replacement of these obstructions. The failure to show the obstructions will not be considered sufficient basis for claims for extra work or for increasing the pay quantities in any manner whatsoever, unless the obstruction encountered is such as to necessitate substantial changes in the lines and grades of the proposed improvements or requires the building of a special structure. 201.06 EXISTING UTILITIES: The known existing utilities are as shown on the plans. The Contractor shall take special precautions to protect the utilities shown, as well as others that are not located and shown. It shall be the Contractor's responsibility to protect and maintain in operating condition all such utilities. The removal of existing utilities required to permit orderly progress of the work shall be accomplished by local agencies, as shown on the plans or specified within these specifications. The Contractor shall notify all utility companies, all pipeline owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, pipelines, pole lines and other appurtenances within or adjacent to the limits of the construction made as soon as possible. It is understood and agreed that the Contractor has considered in his bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans or as specified herein and that no additional compensation will be allowed fcr any delays, inconvenience, or damage sustained by him due to any interference from the said utility appurtenances or the operation cf moving them. The Contractor shall notify the Owner of the utility in the path of his operation, sufficiently in advance of his work contiguous to such utility, to enable the Owner of same to have a representative present. 201.0? WATERWAYS: Present natural and artificial waterways shall be left open to flow freely. Temporary dams or by-passes shall be provided when found necessary and/or directed by the Engineer. 201.08 REMOVING CULVERTS: Culverts, headwalls and other drainage structures it.. use by traffic shall not be removed until satisfactory arrangements have been made tc accommodate traffic. 201.39 REMOVAL OF PAVEMENTS AND S:DEWAL]cS: All pavements, driveways, sidewalks, curbs and other such items which must be removed to complete the project as shown on the plans shall be sc removed in a workmanlike manner. The area of each of these items so removed shall be restricted to the minimum possible area that will conform to the lines and grades of the completed construction. H -W JOB NO. WA -91-01 2 SITE PREPARATION Asphaltic concrete and Portland Cement concrete surfaces shall be sawed at the boundaries of the areas to be removed. Sawing shall be reasonably true to line and the depth of sawing shall be such that when removing the material, undue under -breakage or shattering of the adjacent area will not occur. The equipment for sawing shall be approved mechanical concrete saws in satisfactory working condition and adequately powered to cut to the depth required. Fence designated to be removed and replaced shall be removed in advance of other construction of improvements and shall be placed to provide a temporary fence clear of the proposed construction. Materials not required for the temporary fence shall be stored by the Contractor. The fence shall be replaced in its original alignment utilizing the existing fence materials. The Contractor shall, at his expense, replace all damaged fence materials. 201.11 PROTECTION OF PROPERTY: The Contractor shall be responsible for the preservation of all public and private property encountered in the construction of these improvements. The Contractor shall be responsible for all damage or injury to the property of any character, during the prosecution of the work, resulting from any act, omission, neglect or misconduct in his manner or method of executing the work, or at any time due to defective work or materials and said responsibility will not be released until the project shall have been completed and accepted. When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or in consequence of the non -execution thereof by the Contractor, he shall restore at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done by repairing, rebuilding or otherwise restoring as may be directed, or he shall make good such damage or injury in an acceptable manner. 201.12 MEASUREMENT AND PAYMENT: Site preparation, when included on the bid form, will be measured on a lump sum basis and shall include all site preparation, removal of obstructions and related work as delineated on the plans and as specified in these specifications. Payment at the contract lump sum price shall be full compensation for all site preparation, removal and disposal of structures, pavements and other obstructions. The removal and disposal of specific items, when included on the bid form, will be measured by the linear foot, square yard or each. No separate payment will be made for removing and replacing storm drainage facilities, culverts, fences, utility lines and related facilities unless specified in other sections of theme specifications. I Payment will be made under: ' - B -W JOB NO. WA -91-01 3 SITE Pay Item Site Preparation Removal and Disposal of (] Pay Unit Lump Sum Square Yard, Linear Foot, Each END OF SECTION 201, SITE PREPARATION E -F JOB NO. WA -91-01 4 SITE PREPARATION I 202.01 DESCRIPTION: This work shall consist of clearing, grubbing, removing and disposing of ' all vegetation and debris which are within designated limits except such objects as are designated to remain or are to be removed in accordance with other sections of these specifications. This work shall also include the preservation ' from injury or defacement of all vegetation and objects designated to remain. 202.02 GENERAL: Clearing and grubbing and related work shall be accomplished in the areas shown on the plane or established by the Engineer. ' A. CLEARING: The cutting and removal of all trees, brush and other ' objectionable growth and the removal and disposal of logs, rubbish piles, refuse dumps, and other objectionable matter. ' B. GRUBBING: The grubbing and removal of all stumps, roots and other objectionable matter, lying wholly or in part below the surface of ' the ground. C. SCALPING: I Areas not classified as clearing and grubbing and which are within construction limits shall be scalped, if appropriate. Scalping shall include the removal and disposal of material such as ' saplings, logs, brush roots, grass, refuse dumps and decayed matter. D. CLEARING AND GRUBBING TREES: The cutting, grubbing and removal of individual, isolated trees and stumps as shown on the plans or designated by the Engineer Ito be removed. 202.03 CONSTRUCTION REQUIREMENTS: ' Designated areas shall be cleared as defined above, except those objects designated to remain shall be carefully protected during construction operations. Trees shall be felled and removed in such a manner as to avoid injury to other ' trees or other objects designated to remain. In case of injury to bark, limbs or roots of vegetation designated to remain, the Contractor shall repair such damage by corrective pruning, or other appropriate methods. Except in areas to be excavated, stump holes frori which obstructions are removed, shall be backfilled with suitable material and compacted as specified in other sections of these specifications. H -W JOB NO. WA -91-01 1 A. CLEARING AND GRUBBING: All surface objects and all trees, stumps, roots and other protruding obstructions, not designated to remain, shall be cleared and/or grubbed, including mowing, as required, except undisturbed stumps and roots and nonperishable solid objects which will be a minimum of 3 feet below subgrade or slope of embankments. When authorized, the Contractor may leave stumps and nonperishable solid objects provided they do not extend more than 3 inches above the ground line. Low hanging branches and unsound or unsightly branches on trees or shrubs designated to remain shall be removed as directed. Branches of trees extending over the roadbed shall be trimmed to give clear height of 20 feet above the roadbed surface. Al]. trimming shall be done by skilled workmen and in accordance with good tree surgery practices. All cleared and grubbed material shall be disposed of by the Contractor as specified in other sections of these specifications. Unless otherwise provided, all merchantable timber removed as previously specified shall become the property of the Contractor. B. SCALPING: The Contractor shall scalp areas where excavation or embankment is to be constructed. Material resulting from the scalping operations shall be disposed of as specified for clearing and grubbing. 2C2.04 MEASUREMENT AND PAYMENT: When included on the bid form as a pay item, measurement will be by one or more of the following methods: The work to be paid for will be the number of acres and fractions thereof acceptably cleared and/or grubbed within the limits shown on the plans or delineated for clearing and grubbing by the Engineer. B. LUMP SUM BASIS: When the bid schedule contains a clearing and grubbing lump sum item, no measurement of area will be made, V. When a linear unit quantity length will be measured along stations. is shown on the bid schedule, the the construction centerline in B -W JOB NO. WA-91-Cl 2 CLEARING AND GRUBBING Ii D. INDIVIDUAL UNIT BASIS: Individual trees or stumps greater than eight (8) inches in diameter, measured at a height of forty (40) inches above the ground, will be measured by the number of each removed. The accepted quantities of clearing and grubbing will be paid for at the contract unit or lump sum prices. When the bid form does not contain an item for clearing and grubbing, the work will not be paid for directly, but will be considered incidental to other contract items. Scalping will not be paid for directly but will be considered incidental to other contract items. ' Clearing and grubbing for borrow sites and material sources outside the limits of work will not be paid for directly but compensation will be considered included in the items being excavated. Payment will be made under: ' Pay Item Pay Unit Clearing Acre, Station, Lump Sum ' Clearing and Grubbing Acre, Station, Lump Sum Clear and Grubb Tree or Stump (Size) Each I I I I I I END OF SECTION 202, CLEARING AND GRUBBING H -W JOB NO. WA -91-01 3 CLEARING AND GRUBBING 203.01 DESCRIPTION: This work shall consist of excavation, construction of embankment, grading, compaction, hauling, disposal and topsoiling which is within the limits of the work necessary for the construction of the improvements in accordance with the specifications and in reasonably close conformity with the lines, grades, thicknesses and typical cross sections shown on the plans or established by the Engineer. 203.02 APPLICABLE SPECIFICATIONS: Subgrade preparation or modification shall be as specified in other sections of these specifications. 203.03 CLASSIFICATION: All material excavated shall be defined as "Unclassified Excavation" unless, in the proposal form, prices are asked and bids are taken for "Rock Excavation" and "Common Excavation". "Unclassified Excavation" shall include all excavation performed under this item regardless of the material encountered. "Rock Excavation" when provided in the proposal, shall include all solid rock and ledges, imbedded deposits in unstratified masses and conglomerate deposits which are so firmly cemented they present all the characteristics of solid rock, and which cannot be removed without the use of rippers or impact hammers. "Common Excavation", when provided in the proposal, shall consist of all excavation not included in "Rock Excavation". "Undercut Excavation" shall consist of the removal and disposal of deposits of saturated or unsaturated mixtures of soils and organic matter, or other soils, not suitable for foundation material and which is located at a lower elevation than the subgrade. "Select Material" shall consist of excavation made from borrow areas outside the limits of the project. It shall be the Contractor's responsibility to locate and obtain the select material subject to the approval of the Engineer. Select material shall be granular, maximum particle size of 3 inches, graded from coarse to fine, conforming to AASHTO classification A-1, A-2-4 or A-2-5, or a sandy or gravely clay conforming to classification A-2-6 or A-6 with the exception that the plasticity index shall not exceed 15. The Contractor shall furnish, at his expense, test data to indicate compliance of select material with this specification. L "Topsoil" shall be the surface layer of soil with no admixture or refuse or any material toxic to plant growth, and it shall be reasonably free from -subsoil and stumps, roots, brush, stones more than 2" in diameter, clay lumps or similar objects. This surface layer of soil shall contain humus and organic I H -W JOB NO. WA -91-01 1 matter and any grass roots and native seeds that may have accumulated in the surface layer. 203.O4 CONSTRUCTION REQUIREMENTS: A. GENERAL: The grading work shall consist of all excavation, embankment, dressing, shaping and finishing necessary for the construction, compaction and completion of all subgrades and other earthwork indicated on the plans, strictly to the required alignment, grade and typical cross section as shown on the plans or as directed by the Engineer. Excavation shall not be made below grade except where rock is encountered or removal of unstable material is directed by the Engineer. Should the Contractor, through negligence or other fault, excavate below the designated lines, he shall replace the excavation with approved materials, in an approved manner and condition at his own expense. The Engineer shall have complete control over the excavation, moving, placing and disposition of all material, and shall determine the suitability of material to be placed in embankments. The Contractor shall inform and satisfy himself as to the character, quantity and distribution of all material to be excavated. Excavation work shall be performed to provide drainage at all times, when directed, temporary drains and drainage ditches shall be installed to intercept or divert surface water which may affect the work. Operations on earthwork shall be suspended at any time when satisfactory results cannot be obtained because of rain, freezing weather, or other unsatisfactory conditions. Material determined by the Engineer to be unsatisfactory for subgrade construction shall be classified as undercut excavation and shall be removed as directed by the Engineer. Undercut areas shall be backfilled with select material from off -site borrow areas unless otherwise directed by the Engineer. All unsuitable material removed from undercut areas shall be disposed of off -site by the Contractor. All rock or other unyielding material that cannot be shaped to conform to the subgrade elevations ■hall be excavated to a minimum depth of 6" below the finished subgrade elevation. The excavation shall be filled to grade with approved material. Blasting will not be permitted. All suitable excavated material shall be used in the formation of embankments and backfills unless otherwise specified. The excavated material ■hall be placed in the areas of the embankment as directed by the Engineer. Muck, peat, matted roots, or other unsatisfactory material for a subgrade foundation shall be removed B -N JOB NO. WA -91-01 2 EXCAVATION AND EMBANKMENT to the depth directed by the Engineer. All material determined unsuitable shall be disposed of off -site by the Contractor. Construction of embankments or backfilling shall not be started until the area has been inspected and approved by the Engineer. Fill areas shall be cleared and grubbed so as to remove all vegetation and objectionable material. Also, all topsoil shall be removed prior to the commencement of filling. All depressions or holes beneath the ground surface, whether caused by grubbing or other reasons, shall be backfilled with suitable material and compacted before the construction of the subgrade is commenced. Areas to be filled shall be scarified to a depth of 6" prior to placement of fill. Fill shall be constructed to the specified grade in uniform layers parallel to the finished surface and not more than 8" in thickness, loose measurement. The material in the layer■ shall be of the proper moisture content before compacting. Wetting or drying of the material and manipulation when necessary to secure a uniform moisture content throughout the layer shall be required. Backfilling of trenches for storm drainage facilities, water line improvements and utility relocations shall be accomplished as specified in other sections of these specifications. Backfill shall be compacted to the specified density. B. SOIL COMPACTION: In the preparation of subgrades and compaction of earthwork, the material shall be compacted to provide a stable, uniform surface. The subgrade shall be compacted to the required density and stability and shall show no evidence of displacement or rutting. Proof rolling shall be provided to evaluate the stability of the subgrade and shall be as directed by the Engineer. Where modification of the subgrade is specified, stabilization and compaction requirements shall be as specified in other sections of these specifications. Soils shall be compacted to the following standards. The maximum dry density shall be based on the Standard Test, AASHTO T- 99. (1) All soils in the upper 6" of the subgrade beneath pavements or driveways shall be compacted to 100% density. (2) All other soils shall be compacted to 95% density. (3) Trench densities shall be as specified for that type trench excavation. When no density is specified, the densities specified in 1 and 2 above shall apply. I The moisture content of the material being compacted shall be within a range of two percent below optimum to a maximum of two percent -above. The Contractor shall adjust the moisture content of H -W JOB NO. WA -91-01 3 EXCAVATION AND EMBANKMENT I the material to maintain the range specified by the addition of water or by aeration. Al]. testing shall be done by a testing laboratory approved by the Engineer. The cost of the testing will be paid for by the Owner with the following exception. The Contractor shall pay the cost of testing any materials proposed by him for substitution of previously approved materials, unless in the opinion of the Engineer, the substitution will be of particular benefit to the Owner. Not less than one field density determination shall be made for each 750 square yards of area in each lift of embankment and on the finished subgrade. Trench backfill density determinations shall include a minimum of one determination for each 250 feet of completed trench. The field density determination shall be made in accordance with AASHTO T-238-76 Density of Soil and Soil Aggregate in Place by Nuclear Methods. C. SOBGRADES: The completed subgrade surface shall be true to the lines, grades and cross sections shown or. the plans or as directed by the Engineer. Any irregularities or depressions that develop shall be corrected by loosening the material until the surface is smooth, unifcrm and compact. Should the subgrade be rutted prior to the next phase of construction over the subgrade, it shall be reshaped and compacted without additional compensation to the Contractor. Shaping and compacting of subgrades prior to construction of , pavements shall be as specified in other sections of these Specifications. D. TOPSOIL: Topsoil stripped from within the project limits shall be stockpiled at an off -site location provided by the Contract unless on -site stockpile areas are designated on the plans. The topsoil shall be stockpiled in such a manner that other materials will not become intermixed and interfere with reuse of the topsoil. Topsoil shall be stripped from the designated areas and shall be stripped to a minimum depth of 6" unless otherwise indicated on the plans. When suitable topsoil is not available on the site, the Contractor shall locate and obtain a supply subject to the approval of the Engineer. The Contractor shall notify the Engineer sufficiently in advance of operation@ in order that necessary measurements and tests can be made. Immediately prior to area, the surface shall I approved by the Engineer, bonding of the topsoil to H -W JOB NO. WA -41-01 dumping and )a loosened to a minim% the covered 4 spreading the topsoil on any by discs or by other means im depth of 2" to facilitate subgrade soil. The surface EXCAVATION AND EMBANKMENT of the area to be topsoiled shall be cleared of all stones larger than 2" in diameter and all litter. The topsoil shall be evenly spread on the prepared areas to a uniform depth of 4" after compaction. Spreading shall not be done when the ground or topsoil is frozen, excessively wet, or otherwise in a condition detrimental to the work. Spreading shall be carried on so that seeding operations can proceed with a minimum of soil preparation or tilling. After spreading is completed, the topsoil shall be smooth -graded and the surface left at the prescribed grades in an even properly compacted condition. The finished grades shall prevent the formation of low places or pockets where water will stand. Light rolling with placing or spreading equipment, and wetting if needed, will be required to consolidate the topsoil to the finished grades. - After the completion of the walks, curbs and driveways, the Contractor shall backfill adjacent areas to the grade shown on the plans. This backfill shall be placed so as not to damage the walks, curbs and driveways and shall be compacted. fir•}+��:�.�:Ih�'E Grading shall be accomplished to the tolerances listed below for the various areas and classes of work as shown. The tolerances listed are maximum variations which will be acceptable for each class of work without exception. (1) The subgrade beneath structures shall be formed and compacted to within 0.05 feet of the finished subgrade as established by grade hubs or stakes. (2) The subgrade for streets, drives and sidewalks shall be formed and compacted within 0.05 feet of the finished subgrade as established by grade hubs or stakes. (3) All areas outside of those mentioned in the previous paragraphs and which are not to receive any type of a finished structure or pavement shall be rough graded to within 0.10 feet of the finished grade after the necessary allowances have been made for the thickness of topsoil. This tolerance shall be reduced as necessary to provide drainage at all points and to prevent the formation of water pockets in the finished grading. Any deviation in excess of the amounts shown above shall be corrected by loosening, adding or removing materials, reshaping and recompacting by sprinkling and rolling. H -N JOB 110. WA -93.-01 5 EXCAVATION AND ZMBANXMENT I I The measurement and payment of the work included in this section of the specifications shall be at the unit prices listed in the proposal for the various classes of work. Payment at the unit price■ listed in the proposal for each of these items shall be considered full compensation for all the equipment, tools, material, labor, supplies and incidentals necessary for completion of the specified work item. I I All earthwork including excavation, construction of embankments, undercut excavation and backfill, and subgrade preparation shall be paid for at the unit or lump sum price as listed in the proposal for "Grading", unless other classes of work are listed. Where payment is to be made on a unit price basis, grading will be measured by the square yard or station. Unless otherwise delineated on the plans, the area to be measured shall be the finished subgrade. Classes of earthwork listed in the proposal will be measured by the cubic yard and, unless otherwise specified, will be measured in its original position based on cross sections and calculated by the average end area method. Rock excavation will be measured and paid for when provided for in the Proposal. Rock excavation will be measured by volume computed by the average end area method. Payment will be made at the contract unit price per cubic yard and shall be considered full compensation for removal and disposal of rock. Undercut excavation, when authorized by the Engineer, will be measured by the cubic yard in its original position calculated by the method of average end areas. Undercut excavation including removal, drying, mixing or conditioning and replacement will be paid for at the contract unit price for "Undercut Excavation". Undercut excavation and backfill with select material will be paid for at the contract unit price for "Undercut Excavation and Backfill (Select Material)". Payment of the contract unit price shall be considered full compensation for excavation., removal and disposal of material, backfilling, select material, grading and compaction. No separate payment will be made for materials or placement of materials used to backfill undercut areas. Undercut excavation payment will not be made for removal, excavation and backfill of area■ in which trees and stumps are cleared and grubbed. No separate payment will be made for borrow excavation or placement of borrow material. Topsoiling will be measured and paid for at the unit price per cubic yard or per square yard stated in the proposal for "Topsoil". Payment at the contract unit price shall be considered full compensation for excavating, hauling, preparation and placing of topsoil. Measurement of topsoil by the cubic yard will be based on the compacted, in -place volume calculated from the area and thickness shown, on the plans. The contract price per square yard shall be for the compacted thickness shown on the plans or stated in the proposal. No separate payment will be made for salvaging and stockpiling topsoil; payment for this work shall be considered incidental to other work included in theme specifications. No separate payment will be made for topsoil obtained from sources outside the project limits. I I I I I L C C I I H -W JOB NO. WA -91-01 6 EXCAVATION AND EMBANKMENT I No separate payment will be made for removal, stockpiling and replacement of existing pavement materials unless otherwise specified in other sections of these specifications. 1 1 1 1 1 1 1 1 1 END OF SECTION 203, EXCAVATION AND EMBANKMENT B -W JOB 110. WA -91-01 7 EXCAVATION AND EMBANKMENT 210.01 DESCRIPTION: This work shall consist of shaping and compacting the subgrade prior to placing a bass, surface course, or other improvements thereon. 210.02 CONSTRUCTION REOOIRENENTS: This work shall be done after any unstable sections of the subgrade have been repaired and after any existing base or surface courses required to be removed have been removed. The Contractor shall compact and shape the subgrade as may be necessary to produce, at the time the base or surface course is placed, the required density and stability in the top 6 inches of the subgrade and the required grade and cross section. The Contractor will be required to scarify, dry the material, or apply water as may be necessary to obtain the required density and stability. Required density shall be as specified in other sections of these specifications. The subgrade stability shall be such that when any material for base or surface courses is deposited, no rutting or displacement of the subgrade will occur. Subgrade preparation will be measured by the square yard or by the station based on the areas shown on the plans. Payment for subgrade preparation, when listed in the bid form, shall be full compensation for scarification, drying or wetting soil, compaction and shaping subgrade and related work. When subgrade preparation is not listed as a separate pay item, it shall be considered incidental to work specified in Section 203. Payment for correction of unstable conditions below the top 6 inches will be as specified in other sections of these specifications. I I END OF SECTION 210, SUSGRADE B -W JOB NO. WA -91-01 F1 E 290.01 SCOPE OF WORK: This work shall consist of restoration of the site within the limits of ' the right-of-way including replacement of sign and miscellaneous items, cleanup, seeding, sodding, and related work. 290.02 APPLICABLE SPECIFICATIONS: Site clearance and removal and disposal of obstructions are specified in other sections of these specifications. ' 290.03 MISCELLANEOUS RELOCATIONS: ' Miscellaneous items including signs, etc. shall be replaced at the location and in the manner shown on the plans and as directed by the Engineer. Items not designated for relocation shall be disposed of as specified in Section 201 of these specifications. All items damaged during removal, storage or replacement shall be replaced by the Contractor at the Contractor's expense. Replacement of traffic and street signs shall be coordinated with the City ' of Fayetteville Street Department. 290.04 SEEDING AND FERTILIZING: A. MATERIALS: (1) sing: Lime shall be agricultural grade ground limestone or 'approved equivalent. (2) Fertilizer: Fertilizer shall be a commercial grade, 10-20- ' 10, uniform in composition, free flowing and suitable for application with mechanical equipment delivered to the site in labeled containers, conforming to current Arkansas ' fertilizer laws and bearing the name, trademark and warranty of the producer. (3) Seed: The seed shall be labeled in accordance with current ' rules and regulations of the Arkansas State Plant Board and shall have a minimum of 98% pure seed and 85% germination by weight and shall contain no more than 1% weed seeds. A ' combined total of 50 noxious weed seeds shall be the maximum amount allowed per pound of seed with the following exceptions: Johnson grass seed, wild onion seed, wild garlic ' seed, field bindweed seed or nut grass seed will not be allowed in any amount whatsoever. Seed shall be furnished in sealed, standard containers. Seed which have become wet, mouldy or otherwise damaged in transit or in storage will not be acceptable. Seed shall be composed of the. following varieties and ' weight per acre: H -it JOB 110. 'WA -91-01 1 I Bermuda - Common - Hulled - 10 lb./acre Spring & Summer & Fall Bermuda - Common - Unhu:led - 10 lb./acre Fall Red Fescue - Spring, Summer & Fall 20 lb./acre Annual Rye - Spring & Fall 30 lb./acre (4) Mulch: Mulch cover shall consist of straw from threshed rice, oats, wheat, barley or rye; of wood excelsior; or from hay obtained from various legumes or grasses, such as lespedeza, clover, vetch, soybeans, bermuda, carpet sedge, bahia, fescue or other legumes or grasses, or a combination thereof. Mulch shall be dry and reasonably free from Johnson grass or other noxious weeds and shall not be excessively brittle or in an advanced state of decomposition. All material will be inspected and approved prior to use. (5) Water: Water shall be of irrigation quality and free of impurities that would be detrimental to plant growth. B. SEED BED PREPARATION: Areas to be seeded shall be dressed to the shape and section shown on the plans. All excess dirt, construction materials, trees, rubbish, debris, roots and stumps shall be removed and disposed of off -site. The Contractor shall obtain soil samples, to a depth of five inches, from each major soil area, and have a lime requirement analysis conducted. Lime at the rate determined by the lime requirement test shall be uniformly spread on areas to be seeded. The seed bed shall then be thoroughly pulverized by means of disk harrows or other approved methods, thoroughly mixing lime and soil to a depth of four inches. Objectionable foreign matter turned up shall be removed. Water shall be applied in order to maintain the desired moisture content in the soil. Disk harrowing shall be followed by use of a spiked - tooth harrow to provide a finer surface texture. C. FERTILIZING: Fertilizer shall be applied at a rate of 800 pounds per acre. Fertilizer shall be uniformly incorporated into the soil to a depth of at least two inches. It may be worked into the sail alone or in conjunction with the required lime. The fertilizer may be drilled into the soil or combined with the seed in the hydroseeding operation. D. SEEDING: Seed shall be placed either by drilling or by hydroseeding. When the seed is drilled, it shall be in rows parallel to the toe H -W JOB NO. WA -91-01 2 SITE RESTORATION I r I I r I I I I I1 C H [I of the slope. Drill■ shall not be more than .ix inches apart. Fertilizer and seed shall not be drilled together and shall not be mixed. If a hydroseeder is used, fertilizer and seed may be incorporated into one operation, but a maximum of 800 pounds of fertilizer shall be permitted per each 1500 gallons of water. The area shall be lightly firmed with a cultipacker immediately prior to hydroseeding. Mulch cover shall be applied at the rate of 4000 pounds per acre immediately after seeding and shall be spread uniformly over the entire area by approved poser mulching equipment. If the Contractor so elects, an approved mulching machine may be used whereby the application of mulch cover and asphalt may be combined into one operation. If this method is used, no change in application rates will be allowed. F. WATER: After application of the mulch cover, water shall be applied in sufficient quantity to thoroughly moisten the soil to a depth of pulverization and then, as necessary, to germinate the seed and maintain growth at the direction of the Engineer for a period of at least 3 weeks. The time required for application of water will not be included in the computations of contract time for completion of the project provided all other work under the contract has been completed. G. RESEEDING: After germination has occurred, any area which does not have a stand of grass shall be refertilized and reseeded and watered in accordance with the above paragraphs. Any portion of the seeded area which becomes gullied or otherwise damaged shall be repaired and a stand of grass obtained. 290.05 SOLID SODDING: Sod shall consist of live grass and shall be Bermuda unless other types of grass are specified. The sod shall be free from obnoxious weeds or other grasses and shall not contain any matter deleterious to its growth or which might affect its subsistence or hardiness when transplanted. At locations designated on the plans, or where directed by the Engineer, sod blocks shall be carefully placed on the prepared areas. Sod shall be so placed that the entire designated areas shall be covered. Any voids left in the block sodding shall be filled with additional sod and tamped. The entire sodded area shall be rolled and tamped to form a solid mass. I n -v ann Mo. wA-91-D1 1 3 SITE RESTORATION I Sod placed on slopes steeper than 3 horizontal to one vertical shall be pegged with wooden pegs or other approved devices driven through the sod into firm earth. Sodded areas shall be thoroughly watered immediately after they are planted and shall be subsequently watered as required until completion and final acceptance of the project. 290.06 CLEANUP: Prior to final acceptance and payment, the Contractor shall remove all machinery, equipment, surplus materials, rubbish, etc., from the project. Pavement, driveways and sidewalks and storm drainage facilities shall be cleaned and all soils and other debris removed. 290.07 MEASUREMENT NO PAYMENT: No separate payment will be made for site restoration, relocation of miscellaneous items and other work specified in this section. Compensation for relocation of miscellaneous items and cleanup shall be considered incidental to other work specified in these specifications. Seeding, fertilizing and mulching, when listed on the bid form, will be measured and paid for on a unit price basis. Seeding, fertilizing and mulching will be measured by the square yard, acre or station as listed in the bid form. Payment at the contract unit price shall be full compensation for furnishing and applying seed, fertilizer, lime, mulch and water, for seed bed preparation and for maintaining seeded areas. Solid sodding will be measured by the square yard of sodded area. Payment at the contract unit price shall be full compensation for furnishing and placing sod, preparation of areas to receive sod, water and for maintenance of sodded areas. END OF SEC -.ION 290, SITE RESTORATION I I I I I U I I I C L I H I I I I B -W JOB NO. WA -91-01 4 SITE RESTORATION ' 305.01 DESCRIPTION: This work shall consist of furnishing and placing a crushed aggregate base course in accordance with the details and typical sections shown on the plans. 305.02 APPLICABLE SPECIFICATIONS: All materials and construction methods shall be in accordance with these specifications and with the standards referenced herein. Reference to "ASHC Standard Specifications" shall indicate the Arkansas State Highway Commission Standard Specifications for Highway Construction, Edition of 1978. 305.03 MATERIALS: Crushed stone base course shall conform to ASHC Standard Specification Section 306, Class S8-2. The Contractor shall furnish certification from the material supplier of material manufacture, analysis or other information when specified or requested by the Engineer. Copies of material tickets shall be furnished the Engineer at the point of delivery to the project site. 305.04 CONSTRUCTION METHODS: The base course shall be placed on a completed and approved subgrade or approved subbase course. Base material shall not be placed on a frozen subgrade or subbase. Placement of base course material shall be terminated if rutting or yielding of the subgrade occurs due to hauling, spreading or any other reason. Correction of rutted or yielded areas shall be as specified in other sections or as directed by the Engineer. The maximum compacted thickness of any one layer shall be eight inches. Spreading of base material shall be accomplished in a manner which will prevent segregation. The base material shall be compacted in such a manner that a uniform texture is produced and the aggregates firmly keyed. Water shall be applied over the base material during compaction as required for consolidation. Base course material shall be compacted to not lees than 95 percent of the maximum density determined in accordance with AASHTO T 180 Method D. Field density determinations will be made in accordance with AASHTO T 238. A minimum of one density test will be made for each 750 square yards of finished base course unless otherwise directed by the Engineer. The Contractor will obtain and pay for all testing of the crushed stone base course. J H -W JOB NO. WA -91-01 1 fl L The compacted thickness of the base course shall be within 1/2 inch, plus or minus, of the specified thickness. The compacted base course will be tested for depth. The Contractor shall correct all deficiencies by scarifying, removing or placing additional material, mixing, reshaping and recompacting to the specified density. 305.05 MEASUREMENT AND PAYMENT: Crushed stone base course will be measured by the cubic yard or by the ton. The volume will be based on the in -place compacted volume computed from the actual area of the base course and the specified plan thickness. Where measurement is by the ton, the Contractor shall furnish a legible copy of a weigh certificate showing the gross, tare and net weight of each truck load. Payment at the contract unit price per cubic yard or ton, as shown on the bid form, shall constitute full compensation for furnishing and placing crushed stone base course including compaction, water and related work. Payment will be made under: Pay Item Pay Unit Crushed Stone Base Course Cubic Yard or Ton END OF SECTION 305, CRUSHED STONE BASE COURSE E -W JOB NO. WA -91-01 2 CRUSHED STONE BASE COURSE Ii I 320.01 DESCRIPTION: This item shall consist of a single application of bituminous material, ' applied on the completed and approved base course, on the subgrade, or on the existing pavement or bituminous surfacing as indicated on the plans, all in accordance with these specifications. ' 320.02 MATERIALS: All materials shall conform with current Arkansas Highway Department ' specifications for medium and rapid curing cut back asphalts and for emulsified asphalt. In general, a medium curing cut back asphalt will be used for prime coat and a rapid curing cut back or emulsified asphalt will be used for tack ' coat. The Engineer will select the particular grade of the type of bituminous material designated that will be used. 320.03 CONSTRUCTION REQUIREMENTS: The methods employed in performing the work, and all equipment, tools and machinery used in handling materials and executing any part of the work shall be subject to the approval of the Engineer before the work is started, and whenever found unsatisfactory, shall be changed and improved as required by the Engineer. All equipment, tools and machinery used must be maintained in a satisfactory working condition. A. SWEEPING AND CLEANING: Immediately preceding the prime or tack coat application, the surface to be treated shall be swept free of dust, dirt and loose or foreign material, cleaning but not loosening or dislodging the top embedded aggregate. Layers or pockets of dirt or other materials which do not form an integral part of the surface to be treated shall be removed. Such sweeping operations shall be performed by mechanical methods. If deemed necessary by the Engineer, the surface shall be sprinkled with water and given an additional sweeping with hand brooms, it being the intent of these specifications that the surface to be treated be as free as practicable of dirt, or pockets or other loose materials. The sweeping and cleaning operations shall be carried only far enough in advance of the application of bituminous material to insure the surface being properly prepared at the time of application. When the existing surface is an old concrete pavement, all joint and crack filler shall be removed from the surface as directed by the Engineer. Be APPLICATION OF PRIME COAT: After the surface to be treated has been prepared in accordance with the specifications outlined above, the bituminous material for the prime coat shall be sprayed uniformly ovir the surface by means Hoeg J08•'NO. WA -91-01 1 r..•=T •. — — .FJ.V �IYYIe 11MV+��IY �,- of an approved mechanical pressure distributor at the rate of application indicated on the plans or as directed by the Engineer. Following the application of the prime coat the road will be closed to traffic, if practicable, for a period of time sufficient to allow the proper curing of the bituminous material. No material for a succeeding course shall be placed on a primed base course until the prime coat has cured sufficiently to prevent damage by hauling operations. When shown on the plans or directed by the Engineer, the prime coat shall be applied in half widths in order to allow free passage of public traffic at all times. Prime coat shall not be applied when the air temperature is below 50 degrees F nor shall it be applied to a surface having excess moisture, nor when general weather conditions, in the opinion of the Engineer, are not suitable. Special precautions shall be observed to insure a uniform distribution of the bituminous material. The distributor shall be so adjusted and operated at all times as to distribute evenly the class of material being applied. Deposits of bituminous material upon the road surface in excess of the quantity specified, caused by stopping or starting the distributor, by overflow, leakage or otherwise, will nct be permitted. The distributor shall be required to maintain an operating pressure of not less than thirty (30) nor more than seventy (70) pounds per square inch. The Contractor shall provide all necessary facilities for determining the temperature cf the bituminous material in all the heating equipment and in the distributor, for determining the rate of application, and for securing uniformity of distribution at the junction of two distributor loads. If the primed surface shall become damaged from any cause whatsoever prior to the application of the wearing course, such areas shall be cleaned thoroughly and retreated at the expense of the Contractor. The surfaces of the structures shall be protected by some satisfactory method to prevent their being disfigured by the application of bituminous material used in the prime coat application. This shall include culverts, bridges, hand rail, guard fence, curbing and similar items. C. APPLICATION OF TACK COAT: When a bituminous surface course is to be laid on an old concrete or asphalt surface, a tack coat shall be applied prior to placing the wearing surface. The tack coat shall be applied by means of a pressure distributor in the same manner as outlined above for the application of the prime coat. When emulsified asphalt is used, it shall be diluted with water in order to insure complete coverage and adhesion to the pavement surface. The rate of E -M JOB NO. WA -91-01 2 PRIME AND TACK COAT ' application shall be from 0.03 gallons per square yard to 0.10 gallons per square yard as designated by the Engineer. The tack coat shall be applied sufficiently in advance of the wearing surface to allow the proper curing of the bituminous material but shall not be applied so far in advance as to lose its adhesiveness as a result of being covered with dust or foreign material. If the tack coat becomes damaged or covered with foreign material prior to placing the wearing surface, such areas shall ire cleaned as necessary and retreated at the expense of the Contractor. Bituminous material actually placed at the direction of the Engineer will be measured by the gallon and the number of gallons will be determined by outage measurements of the distributor as delivered on the road, based on a volume constant of 60 degrees F for cut back asphalt and 70 degrees F for emulsified asphalt. Deduction shall be made for the number of allons not actually used in the performance of the work. Any quantity of water added to dilute emulsified asphalt will not be included in the pay quantity. Work completed and accepted under this section will be paid for by the gallon and will be compensated for at the contract unit price. Payment will be full compensation for all labor, equipment and material used under this section. Payment will be made under: Prime Coat Gallon Tack Coat Gallon END OF SECTION 320, PRIME AND TACK COAT 8-W JOB NO. WA -91-01 3 PRIME AND TACK COAT This work shall consist of the construction of asphalt concrete pavement. This work shall include binder and surface courses, surface preparation and incidental work required for the completed pavement. 330.02 APPLICABLE SPECIFICATIONS: All materials and construction methods shall be in accordance with these specifications and with the standards referenced herein. Reference to "ASHC Standard Specifications" shall indicate the Arkansas State Highway Commission Standard Specifications for Highway Construction, Edition of 1978. 330.03 MATERIALS: All materials used shall be in accordance with the following specifications. Materials used shall conform to the specified requirements at the time of incorporation in the work. The Engineer will have the option to inspect and test materials at the source or upon delivery to the site. The Contractor shall notify the Engineer at least 10 calendar days in advance of its intention to use materials for which tests are specified to allow time to perform the tests. The Contractor shall assist the Engineer, when requested, in obtaining samples and in performing inspection of materials. The Engineer shall have full access for plant inspection during preparation, manufacture or delivery of materials. The Contractor shall furnish certifications of material manufacture, analysis or other information when specified or requested by the Engineer. Asphalt concrete hot mix surface course shall be Type 3 conforming to ASHC Standard Specification Section 408. Type 2 hot mix shall be used when specifically authorized and directed by the Engineer. Mineral aggregates, asphalt cement and other materials and requirements for mixing shall conform to the sections of the ASHC Standard Specification as referenced in Section 408. I I The Contractor shall submit a job -mix formula for approval by the Engineer. Asphalt concrete hot mix binder course shall be Type 2 conforming to ASHC Standard Specification Section 405. Aggregates, asphalt cement and other materials and requirements for mixing shall conform to the specifications referenced in Section 408. ' H -W JOB 110. WA -91-01 1 -_ - -- The Contractor shall submit a job -mix formula for approval by the Engineer. C. SAND -ASPHALT SURFACE COURSE: Sand -asphalt hot mix surface course shall conform to ASHC Standard Specification Section 407. Materials and mixing requirements shall conform to the specifications referenced in Section 407. The Contractor shall submit a lob -mix formula for approval by the Engineer. C. ASPHALT CONCRETE HOT MIX SEAL COURSE: Hot mix seal surface course shall conform to ASHC Standard Specification. The job mix formula shall contain the following composition: Gradation of Acorecates Total i Retamned 3/4" a 1/2" 0-5 3/8" C-14 #4 4C-52 #10 67-75 #40 80-88 #80 85-95 #200 92-96 The mix shall have a 5.7% bitumen content of Grade 30 A.C. and shall be subject to the approval of the Engineer. 330.04 CONSTRUCTION METHODS: A. PREPARATION OF SASE OR EXIST_NG SURFACE: All surfaces which are to receive asphalt pavement courses shall be prepared and approved as specified in other sections of these specifications. All patching, joint sealing and repair of existing pavements which are to receive overlays shall be completed prior to placement of asphalt courses. Prior to application of tack coat, existing pavement surfaces shall be cleaned and shall be free of dust, water and all foreign material. Surfaces shall be approved by the Engineer befcre tack or prime coat application is started. Tack or prime coat shall be as specified in Section 320 of these specifications. B. PAVEMENT CONSTRUCTION: (1) Delivery and Placement: Methods employed in the preparation, transportation, spreading, compaction and finishing of the asphalt shall conform to Section 410 of the ASHC Standard H -W JOB NO. WA -91-01 2 ASPHALT CONCRETE PAVEMENT Specifications except as noted otherwise in other sections of this specification. Sequence and thickness of courses shall be as shown on the plans. All asphalt mixtures shall be placed with a paver equipped with an electronic screed control system except where specified otherwise. Rollers shall be steel wheel, pneumatic tire, or a combination thereof. Type and weight of rollers shall be sufficient to compact the mixture to the required density. Placing of the bituminous paving shall be as continuous as possible. Rollers shall not pass over the unprotected and of a freshly laid mixture unless authorized by the Engineer. Transverse joints shall be formed by cutting back on the previous run to expose the full depth of the course. When directed by the Engineer, a brush coat of bituminous material shall be used on contact surfaces of transverse joints just before additional mixture is placed against the previously rolled material. Joint details at transitions from existing to new pavement or at the interface with different types of pavement shall be as shown on the plans. (2) Leveling Course: Leveling courses shall consist of asphalt concrete surface course, Type 2 or 3 or other mixture as directed by the Engineer. Leveling courses shall be placed to the thickness and in the manner shown on the plans. Limits of leveling courses will be as shown on the plans or as established in the field by the Engineer. The Contractor shall have the option of placing and finishing leveling courses with bituminous pavers or other approved methods. Hand methods may be employed in areas in which machine placement and finishing cannot be accomplished. Isolated depressions in the existing pavement shall be filled and compacted prior to placement of leveling courses. (3) Surface and Binder Courses: Asphalt concrete surface and binder courses shall be placed and finished to the grades and slopes shown on the plans. Surface courses shall be true to grade and cross section. The finished surface when checked with a 10' straight edge placed parallel to the centerline, shall show no variation more than 1/8". Any areas not within this tolerance shall be brought to grade by removing the deficient area to a minimum compacted depth of 1" and replacing with new material. (4) Compaction and Density: Asphalt pavement courses shall be compacted by rolling to provide the specified density. Final rolling shall be sufficient to eliminate all roller marks. H -W JOB NO. WA -91-01 3 ASPHALT CONCRETE PAVEMENT I Surface, binder and leveling courses shall be compacted to a minimum density of 92 percent of the theoretical density determined in accordance with AASHTO T 209. The field density of the compacted asphalt mixtures shall be determined by testing of core samples. A minimum of one density test will be made for each 750 square yards of finished surface unless otherwise directed by the Engineer. Core samples will be tested in accordance with AASMTO T 166 Method A. The Contractor will obtain and pay for sampling and testing of the asphalt concrete hot mix. Pavement areas which fail to meet the density requirement shall be removed and replaced at the expense of the Contractor. The Engineer will determine the extent of removal and replacement of pavement and corrective work to be performed. The Engineer may order additional density tests to delineate failure areas; the cost of these tests shall be at the expense of the Contractor. The Contractor shall fill and compact holes produced by core sampling with asphalt concrete hot mix. 330.05 MEASUREMENT AND PAYMENT: ' Asphalt pavement mixtures will be measured by the ton unless otherwise shown on the bid form. The Contractor shall furnish a legible copy of a weigh certificate showing the gross, tare and net weight of each truck load of asphalt material. When an automatic batching system is used, the certificate may show only the net weight of material furnished. Certificates shall be provided to the Engineer at the point of discharge to the paver. Asphalt pavement mixtures will be paid for at the contract unit price for each type of mixture or course. Payment shall be full compensation for furnishing and placing of all materials, compaction and related work. Prime and tack coat will be measured and paid for as specified in Section 320 of these specifications. No separate payment will be made for surface preparation, repairs, joint sealing and other preparatory work unless specified in other sections of these specifications. I END OF SECTION 330, ASPHALT CONCRETE PAVEMENT H -W JOB NO. WA -91-01 4 ASPHALT CONCRETE PAVEMENT '• , •1• ••:� The work under this section of the specifications shall consist of furnishing all equipment, tools, materials, labor and supplies, and of performing all operation necessary to complete all the concrete work including the excavation and backfill as shown on the plans as specified below. 401.02 MATERIALS: The materials and construction methods to be used shall be in accordance with the following American Society for Testing and Materials specifications or other indicated standards or requirements and applicable parts of American Concrete Institute "Building Code Requirements for Reinforced Concrete" ACI 318. Water shall be clean and potable. Portland cement shall be all of the same brand and shall conform to the requirements of ASTM Standard Specification C 150 for Type I cement. Type III cement shall be used when so specified or when authorized by the Engineer. Air entrained portland cement shall be all of the same brand and shall conform to the requirements of ASTM Standard Specification C 175. Flyash shall be the product of one burning source and shall conform to ASTM Standard C 618, Class C. Natural sand which is clean, well graded and conforms to the requirements of ASTM C 33 shall be used for fine aggregate. Coarse aggregate shall consist of clean, crushed stone or gravel and shall conform to the requirements of ASTM C 33. The gradation and maximum size of the aggregate shall be as follows: ASTM No. 467 (Max. Size = 1 1/2") shall be used where clearances permit and for a free fall of less than six (6) feet in depositing concrete, -except where reinforcing steel is close, No. 67 aggregate shall be used. ASTM No. 57 8-/ JOB WA -91-01 1 I G H. aggregate shall be used when directed by the Engineer or with the approval of the Engineer. ASTM No. 67 (Max. Size - 3/4") shall be used where the I free fall is six (6) feet or greater for depositing concrete. ADMIXTURES: ' Admixtures shall be used in strict conformance with these specifications and only with the approval of the Engineer. Air Entraining Admixtures of the neutralized vinsol resin type conforming tc the requirements of ASTM Designation C 260 may be used with Type 1 cement. It shall be used in strict accordance with the manufacturer'■ recommendations so that the total air content of the concrete as mixed shall be within the following limits: Maximum Size of Coarse Aggregate Air Content 3/4 inch 5.0% to 7.0% I 1 inch 4.5% to 6.5% 1 1/2 inch 4.0% to 6.0% The concrete supplier shall furnish certified copies of laboratory test reports prepared in accordance with Section 6 of ASTM C 260 for any air -entraining admixture used in the concrete. Chemical Admixtures conforming to the requirements of ASTH C 494 may be used if approved by the Engineer, if tested in accordance with the following criteria, and if used in strict accordance with the manufacturer's recommendations. (1) The concrete supplier shall furnish certified copies of laboratory test reports prepared in accordance with Section 11.1 thru 11.3 of ASTM C 494 for each admixture used in the concrete. (2) Before using two (2) or more admixtures simultaneously, the concrete supplier shall furnish certified copies of laboratory test reports prepared in accordance with Section 11.4 of ASTM C 494, for each combination of admixtures and local materials. This requirement shall pertain to a combination of ASTM C 260 and C 494 admixtures or a combination. of C 494 admixtures. Reinforcing steel for concrete shall be deformed, clean, free from rust and new. It shall conform to ASTM Standard A 615 and shall be Grade 60 for bars No. 4 and larger and Grade 40 for No. 3 bars. H -W JOB NO. WA -91-01 2 CONCRETE I II II II II II II Plain steel bars for reinforcing concrete slab expansion joints shall meet the requirements of ASTM A 615, Grade 60. These plain round dowel bars shall be free from burrs or other deformations restricting slippage in the concrete. Before delivery to the job site, one-half of the length of each dowel bar shall be painted with one coat of lead or tar paint. Wire fabric shall be electrically -welded wire fabric of cold - drawn wire (70,000 psi yield point) of the diameter and spacing required and shall conform to ASTM Standard A 185. A. GROUT: Grout shall be a mixture of one (1) part Portland cement to two (2) parts of sand plus the required water for proper flow. Preformed joint material for slab expansion joints shall meet the requirements of ASTM Standard D 1751 for nonextruding and resilient bituminous type fillers. Unless otherwise indicated within the specifications or on the plans, the joint filler shall have a thickness of 1/2 inch for interior uses and 3/4 inch for exterior uses. The joint sealer for horizontal joints in concrete slabs shall be of the hot -poured, elastic type unless otherwise specified. The sealer shall meet the requirements of ASTM Standard D 1190. N. JOINT SEALER (COLD APPLIED): The joint sealer for horizontal joints in concrete slabs shall, when specifically specified, be a two liquid component, cold - extruded, synthetic polymer. The sealer shall *meet the requirements of Federal Specification SS -S -159b. • A bonding agent used in the mortar or concrete mix for patching new concrete surfaces and for finishing vertical exposed surfaces, shall be Surface Engineering Company product Tite-Crete or an approved equal. P. COVER MATERIALS_FOR CURING: It Interior concrete floor slabs in whiqtLthefconcrete surface is to be exposed, shall be coated with a cuting.compound meeting the 1 B -W JOB 1O. WA -91-01 3 CONCRETE H requirements of ASTM Standard C 309, type 1. The curing compound shall further act as a sealer to reduce dusting of the floor. Exterior concrete slabs and pavements shall be coated with a curing compound meeting the requirements of ASTM Standard C 309, Type 2, white pigmented. Other curing materials which will be accepted in areas where curing compounds are not applicable, shall meet the following specifications: White polyethylene sheeting........AASHTO H 171 Burlap Cloth.. ... .... ...4.. .... ... .AASHTO M 182 401.03 STORAGE OF MATER:ALS: Cement shall be stored in weathertight building, bins, or silos which will provide protection from dampness and contamination and will minimize warehouse set. Any cement damaged by moisture or which fails to meet any of the specified requirements shall be rejected and removed from the work. Aggregate stockpiles shall be arranged and used in a manner to avoid segregation or contamination with other materials or with other sizes of like aggregates. Sand shall be allowed to drain until it has reached a uniform moisture content before it is used in a concrete slab. Frozen or partially frozen aggregates shall not be used. Any material which has deteriorated, been contaminated with deleterious or foreign material, or which has been otherwise damaged, shall not be used for concrete. 401.04 CLASSIFICATION: Concrete shall be classified as provided for below. The strengths for each classification of concrete shall be the minimum compressive strength for that Class of concrete at 28 days. Class "AAA"..... .... .4000 psi Class "AA"...... ... ..3500 psi Class "A"............3000 psi Class "B"............2500 psi Class "C"............2000 psi Concrete shall be air entrained when specified elsewhere or when shown on the plans. The total air content of air entrained concrete shall be as specified in paragraph 401.02.G. above. The air content shall be based on measurements I H -W JOB NO. WA -91-01 4 CONCRETE made on concrete immediately after discharge from the mixer in accordance with ASTM C 231. ' ' T t•JS.4Pw' •' 1 V All concrete shall be designed to provide a 28 -day strength stated in Section 401.04 of these specifications according to the class of concrete which is stated elsewhere within these specifications or on the plans. The materials shall be proportioned by weight in such a manner as to obtain a plastic workable mix. At least four (4) test cylinders shall be made and tested from each 100 cubic yards of concrete or fraction thereof placed each day, unless exceptions are permitted by the Engineer. The concrete test cylinders from each group shall be tested as follows and shall most the following requirements. No. of Cylinders Age Strength Requirement To Be Tested (Davel Minimum % of 28 Day 1 3 45% 1 7 65% 2 28 100% The strength level of an individual class of concrete shall be considered satisfactory if both of the following requirements are met: a. The average of all cylinders of three consecutive sets of strength tests equal or exceed the required 28 day strength. b. No individual strength tests of a set (average of two cylinders) falls below the required 28 day strength by more than 500 psi. In the event the concrete cylinder strength do not meet the minimum requirements set forth above, the Contractor shall pay for additional testing as specified herein and as directed by the Engineer. Concrete cores shall be taken from the portion of the structure represented by the low strength cylinders. Three (3) cores shall be taken for each strength test not meeting the previously stated requirements. These cores shall be tested and evaluated in accordance with Section 4.8.4.3, 4.8.4.4 and 4.8.4.5 of ACI Standard 318, Building Code Requirements for Reinforced Concrete. L I 1J Concrete mix designs shall be in accordance with ACI Standard 211.1, 'Recommended Practice for Selecting Proportions for Normal and Heavyweight Concrete". Four (4) copies of each proposed mix design and material test results shall be submitted to the Engineer for review and approval prior to the placement of any concrete, unless otherwise directed by the Engineer. The mix design strength shall be verified by a minimum of 6 test cylinders, the result■ of which shall accompany the mix design data submitted. One of the 6 cylinders shall be tested at 3 days, two at 7 days and three at 28 days. H -W JOB NO. WA -91-01 5 CONCRETE Li The ■lump of all concrete shall be four inches (4'), plus or minus one inch (1'), unless otherwise stated on the plans, in the Special Conditions, or in other sections of theme specifications. Flyash shall not be used to replace more than 20 percent by weight of the Portland cement needed for the mix. 401.07 MATCHING AND MIXING: The concrete shall be batched and mixed in approve and/or mixers. The concrete shall be mixed for a minimum for batches of 2 cubic yards or less and the time shall be of 15 seconds for each additional cubic yard or fraction shall be placed within one (1) hour after the introduction cement and aggregates. i batching machines of two (2) minutes increased a minimum thereof. Concrete of the water to the Ready -mixed concrete may be used, provided that the concrete produced and the methods of producing the concrete conforms to the specifications and the equipment and methods are in accordance with ASTM Specifications C 94, Specifications for Ready -Mixed Concrete. The Engineer shall have free access to the mixing plant at all times. The batching of cement and aggregates shall be by weight with a maximum tolerance of one (1) percent for cement and two (2) percent for each aggregate and the cumulative total of the aggregate. Water measurement for the concrete may be by volume or weight but the method used shall be accurate to within one (1) percent. The moisture content of the sand shall be checked and recorded periodically and the mixing water quantity adjusted to keep the concrete consistency reasonably constant. All admixtures, including those cited within this Section of the specifications or within other Sections of the specifications, shall be approved by the Engineer prior to use. Unless otherwise approved, al: admixture■ shall be added separately and shall be added at the mixer. 401.08 CONCRETE TIME LIMIT: The length of time that the concrete can be held in the truck shall conform to the following: I L I I I I I I L L C I I a. Air temperature 45 degrees F. to 80 degrees F. - 90 minutes maximum. ' b. Air temperature over 80 degrees F. with a retarder added to the mix - 90 minute■ maximum. C. Air temperature over 80 degrees F. without a retarder added to the mix - 60 minutes maximum. I I I A -W JOB NO. WA -91-01 6 401.09 FQMI: The design and engineering of the formwork, as well as its construction, shall be the responsibility of the Contractor. The formwork shall be designed for the loads and lateral pressures outlined in ACI Standard 347, "Recommended Practice for Concrete Formwork". The Contractor shall provide all forms required for the proper execution of the concrete work. Forms for concrete shall be rigidly braced so that they cannot bulge or warp and thereby leave an unworkmanlike finished surface. They may be constructed of any material with sufficient strength to give the finished work a satisfactory surface. Forms for concrete which are to be left exposed shall be lined with plywood, except where special form liners or other special finish is specified. The forms must be sufficiently tight so that mortar cannot escape from the concrete in an appreciable quantity in the opinion of the Engineer. Joints in form boards for exposed areas shall be arranged to produce a uniform pattern with a minimum of joints. Form accessories to be partially or wholly embedded in the concrete, such as ties and hangars, shall be a commercially manufactured type. Non -fabricated wire is not acceptable. The portion remaining within the concrete shall leave no metal within one (1) inch of the surface when the concrete is to be exposed to view. Spreader cones on ties shall not exceed one (1) inch in diameter. All forms shall be treated with form oil to prevent bonding of forms to concrete. The coating shall be applied prior to the placement of steel reinforcement whenever possible. The coating shall be of a type that will not inhibit the bond of any applied finishes. 401.10 REINFORCEMENT: The fabrication of all reinforcement shall be in accordance with ACI 315, "Manual of Standard Practice for Detailing Reinforced Concrete Structures". All reinforcing bars shall be bent cold. Bars shall be bent before they are placed in the forms. No field bending or bars partially embedded in concrete will be permitted. All reinforcement shall be accurately placed, as shown on the plans, and shall be firmly held in position so that it will not be subject to displacement during concreting operations. Bars shall be fastened together at intersections. The reinforcement shall be supported by approved metal chairs. The reinforcement shall be placed and secured to provide the concrete protection and embedment specified in ACI Standard 318. All welded wire fabric may be furnished in rolls and shall be lapped not less than 6 inches on all sides. Shop drawings and bending details shall be supplied by the Contractor when required. I R -W JOB NO. WA -91-01 7 CONCRETE I 401.11 EMBEDDED ITEMS: Before placing concrete, any items that are to be embedded shall be firmly and securely fastened in place as indicated. All such items shall be clean and free from coatings, rust, scale, oil, or any foreign matter. The embedding of wood shall be avoided. During concreting operations, the concrete shall be spaded and consolidated around and against embedded items. 401.12 PLACING CONCRETE: Before any concrete is placed, the reinforcing steel, forms, and subgrade shall be thoroughly cleaned of hardened concrete, rust, chips, sawdust, mud, dried porous earth or other foreign materials. The subgrade, forms and reinforcing steel shall all be free of ice or frost and free water. Concrete shall not be placed until the approval of the subgrade, forms, reinforcing steel and other related conditions has been given by the Engineer. The Contractor shall furnish the Engineer with a minimum notice cf 24 hours of his intention to place concrete. Before depositing concrete on or against concrete which has taken its initial set, the surface of the hardened concrete shall be completely cleaned of all foreign matter and latency, the inferior surface concrete removed and the remaining surface of the hardened concrete roughened. The forms and reinforcement shall also be completely cleaned of all mortar and loose material. A layer of grout of the same cement -sand ratio as the concrete, but without coarse aggregate, shall then be placed to a thickness of approximately one-half (1/2) inch on the cleaned surface after which the new concrete shall be immediately placed. In placing concrete, care shall be taken that the freshly placed mans i■ so placed and vibrated that there is no tendency for the coarse aggregate to segregate from the mortar, that no rock pockets are left, that the concrete flows readily around the steel and embedded items and into the extremities of the forms. The concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling Cr flowing. The free fall of the concrete shall be held to a minimum and no fall greater than ten (IC) feet will be permitted without the approval of the Engineer. No concrete will be deposited without vibration. Vibrating shall not be continued in any one spot to the extent that pools of grout are formed. Mechanical vibrators shall have a minimum frequency of 1OOC revolutions per minute and shall be operated by competent workmen. Over -vibrating and the use of vibrators to transport concrete within the forms shall not be allowed. Vibrators shall be inserted and withdrawn at many points, from 18 to 30 inches apart. At each insertion, the duration shall be sufficient to consolidate the concrete, but not sufficient to cause segregation, generally from 5 to 15 seconds duration. A spare vibrator shall be kept on the job site during all concrete placing operations. In addition to vibrating, the concrete shall be hand rodded around embedded items, projections of reinforcement and in the corners of forms. I I I 1 I F I C I C I I LI I H -W JOB NO. WA -91-01 8 CONCRETE H The placement of the concrete shall be carried on at a rate such that the formation of cold joints will not be permitted. If a section cannot be placed continuously, construction joints shall be positioned at approved locations. 401.13 JOINTS: Joints shall be at the locations and of the type shown on the plans unless otherwise approved by the Engineer. Joints not shown on the drawings shall be made and located so as to least impair the strength of the structure and shall be approved by the Engineer. When the placing of concrete is suspended, necessary provisions shall be made for joining the future work before the placed concrete takes its initial set. Longitudinal keys not less than 1 1/2 inches deep shall be provided in all joints in walls and betweenwalls and slabs or footings. All reinforcing steel shall be continued across joints. Dowels shall be provided at joints as directed by the Engineer. Expansion and construction joints in slabs shall be constructed so as to allow the normal finishing operations to be executed and completed over the joint. After the final finish, but before the concrete has taken its initial set, the edges of the slab and on each side of expansion and construction joints shall be worked with an approved tool and rounded to a 1/4 inch radius. A well- defined and continuous radius shall be produced and a smooth, dense mortar finish obtained. The surface of the slab shall not be unduly disturbed by tilting the tool during use. Tool marks shall be eliminated by brooming and refinishing the surface. The rounding of the corner of the slab shall not be disturbed in the refinishing operation. All concrete shall be completely removed from the top of the joint filler at expansion joints. 401.14 REMOVAL OF FORMS: Removal of forms shall be done in a manner which will assure complete safety of the structure and concrete. Except for portions of structures supported on shores, the removal of wall forms, slab edge forms, beam forms and similar vertical forms may be commenced after 24 hours provided the concrete is sufficiently hard and will not be injured. In no case shall the supporting forms and shoring be removed from beneath beams or slabs until the representative concrete cylinder tests indicate that the concrete has attained a compressive strength of 2500 psi or better and not sooner than 7 days after the concrete is placed, except by permission of the Engineer. 401.15 CURING CONCRETE: Concrete shall be maintained above 50 degrees F. and in a moist condition for at least the first 7 days after placing, except that high -early -strength concrete shall be so maintained for at least the first 3 days. When mood or steel forms are used and left in place during curing, they shall be kept wet at all times. If the forms are removed before the and of the H -W JOB NO. r 7 -day curing period, the concrete shall then be sprayed with a curing compound as specified for exposed surfaces. Exposed surfaces of concrete shall be cured using the approved curing compound except where special finishes require the use of other curing materials. Curing compounds shall be applied with approved spraying equipment and shall be applied at the coverage rate recommended by the manufacturer. The second coat shall be applied in a direction approximately at right angles to the direction of application cf the first coat. The compound shall form & uniform, continuous, coherent film that will not check, crack, or peel and shall be free from pinholes or other imperfections. Concrete surfaces which are subjected to rainfall within 3 hours after the curing compound has been applied, shall be re -sprayed. 401.16 HOT WEATHER CONCRETING: ' This section shall apply to all concrete work done when the air temperature is 80 degrees F. or forecasted to rise above this temperature within 24 hour■ after placement of the concrete. The temperature of concrete when placed in the forms shall not exceed 90 degrees F. Mixing water shall be kept cool and storage tanks and supply lines shall be shaded or adequately insulated. Aggregate stockpiles shall be saturated and the surfaces kept moist by intermittent sprinkling. The amount of mixing and agitating should be held to the minimum practicable. It is recommended that the number of revolutions of the mixer or agitator truck not exceed 125. When approved in writing by the Engineer, a water reducing and retarding admixture or a high -range water reducer (super -plasticizer) may be used. The length cf time that the concrete can be held in the truck shall conform 1 to the following: a. Air temperature over 90 degrees F. with a retarder added to the mix, 90 minutes maximum. b. Air temperature over 80 degrees F. without a retarder added to the mix, 6C minutes maximum. When it is windy, water may be evaporated from the surface rapidly, thus tending to produce plastic shrinkage cracks and cold joints. A fog spray of water shall be used to cool the air before and after finishing operations. 401.17 COLD WEATHER CONCRETING: This section shall apply to al. concrete work done when the air temperature Is 40 degrees F. or forecasted to drop below this temperature within 24 hours after placement of the concrete. Plans to protect fresh concrete from freezing and to maintain temperature■ above the designated minimums for the required time after placing, shall be made H -W JOB NO. WA -91-01 10 CONCRETE in advance of expected low temperatures and reported to the Engineer. The work shall be done entirely at the Contractor's risk. Before placing concrete during cold weather the forms and reinforcing shall be free of snow, frost and ice. All surfaces which are to be in contact with the newly -placed concrete shall be at a minimum temperature of 35 degrees F. to prevent early freezing of the concrete or seriously prolonging its hardening. The minimum concrete temperature during placement shall be 55 degrees F. This minimum concrete temperature prior to placement, may be attained by heating the mixing water, by heating the aggregates, or by a combination of these two items. Mixing water shall be heated to a maximum temperature of 150 degrees F. Most of hydration shall be retained in the concrete by the use of insulated forms and insulating blankets. The concrete shall be maintained at a temperature of not less than 55 degrees F. for a minimum period of 3 days. All concrete damaged by frost action shall be removed and replaced at the Contractor's expense. Water reducing accelerators, conforming to ASTM C 494, "Chemical Admixture for Concrete", Type E, may be used with the written permission of the Engineer. 401.18 FINISHING: All surfaces which are to be exposed to view after the completion of all work shall be free from conspicuous lines or other irregularities caused by defects in the forms. These surfaces shall be finished in the following manner. Immediately after the forms are removed, all depressions and voids shall be patched and all fins and other imperfections removed. Metal form ties shall be cut off 3/4 inch deep in the concrete and grouted. The area to be patched and an area at least 6 inches wide surrounding it shall be dampened to prevent absorption of water from the patching mortar. The bonding grout shall be prepared using a mix of approximately 1 part cement to 1 part fine sand passing a No. 30 mash sieve. It shall be mixed to the consistency of thick cream and shall then be well brushed into the surface. The patching mixture shall be made of the same material and of approximately the same proportions as used for the concrete, except that the coarse aggregate shall be omitted and the mortar shall consist of not more than 1 part cement to 2 1/2 parts sand by damp loose volume. The quantity of mixing water shall be no more than necessary for handling and placing. The patching mortar shall be mixed in advance and allowed to stand with frequent manipulation with a trowel, without addition of water, until it has reached the stiffest consistency that will permit placing. After the surface water has evaporated from the area to be patched, the bond coat shall be well brushed into the surface. When the bond coat begins to lose the water sheen, the premixed patching mortar shall be applied. The mortar shall be thoroughly consolidated into place and struck off so as to leave the patch slightly higher than the surrounding surface. To permit initial shrinkage, it shall be left undisturbed for at least one (1) hour before being finally finished. The patched area shall be kept damp for 7 days. Metal tools shall not be used in finishing a patch in a formed wall which will be exposed. F The finished surfaces of concrete shall be as follows, depending upon their location. A. WALLS EXPOSED TO VIEW: Following the patching procedures outlined, the surface of the concrete shall receive a grout cleaned finish. After the concrete is predampened, a mixture consisting of I part cement and 1 1/2 parts sand passing the No. 16 sieve shall be mixed with "Tite- Crete" to form a slurry, and shall be spread over the surface with clean burlap pads or rubber floats. Any surplus shall be removed by scraping and then rubbing with clean burlap. B. WALLS NOT EXPOSES TO V:EW: The surface of the concrete shall be patched as previously specified. Fine exceeding 1/4 inch in height shall be rubbed down with wooden blacks. The surface shall otherwise be left with the texture imparted by the forms if they are reasonably true to line and plane. C. UNFORY.ED SURFACES: Tope of walls and similar unformed surfaces occurring adjacent to formed surfaces shall be struck smooth after concrete is placed and shall be floated to a texture reasonably consistent with that of the formed surfaces. Final treatment on formed surfaces shall continue uniformly across the unformed surfaces. D. INTERIOR FLATWORK: All exposed concrete surfaces shall be true, smooth, free from open or rough spaces, depressions or projections. The finished surface shall be checked for trueness of surface which shall be level within 1/4 inch in 10 feet. Irregularities shall be corrected. After the concrete has been placed, struck off, consolidated and leveled, the concrete shall not be worked further until ready far floating. Floating shall begin when the water sheen has disappeared and/or the mix has stiffened sufficiently to permit the proper operation of a power -driven float. The surface shall then be consolidated with power -driven floats. Hand floating with wood or cork -faced floats shall be used in locations inaccessible to the power -driven machine. After the moisture has disappeared, steel trowel the surface to a smooth, even, impervious finish, free from trowel marks. After the surface has set sufficiently to ring the trowel, it shall be given a second troweling to a burnished finish. The use of a cement paste or dry cement and sand as a topping or to absorb moisture is strictly prohibited. B -W JOB NO. WA -91-01 12 CONCRETE All exterior pavements, sidewalks and slabs shall be finished the same as interior flatwork except the finish shall be broomed, unless otherwise specified in other sections of these specifications. Special finishes to be used on a given type of work shall be specified in the section of the specifications concerning that work. Finishes specified elsewhere in these specifications shall take preference over the finishes described above. 401.19 DEFECTIVE WORK: Any defective work disclosed after the forms have been removed or slabs straightedged, shall be immediately removed and replaced. If any dimensions are deficient, or if the surface of the concrete is bulged, uneven, or shows honeycomb, which in the opinion of the Engineer cannot be repaired satisfactorily, the entire section shall be removed and replaced at the expense of the Contractor. 401.20 SEALING JOINTS: All joints in concrete slabs shall be thoroughly cleaned after the curing period. The cleaning shall remove all foreign material, joint sawing residua, dirt and other deleterious matter. The joint shall then be sealed with the specified joint sealing compound, applied by pressure if necessary. Joints shall be slightly underfilled to prevent extrusion of the sealer. The sealer shall be brought to within 1/8 inch to 1/4 inch from the top of the slab surface. The cleaning and filling shall be carefully done with proper equipment in a manner to obtain a neat appearing joint free from excess joint filler. Separate payment for concrete and concrete work will not be made under this section of the specifications. If payment is to be made separately for concrete and concrete work, it shall be as stated in the section of these specifications where the item is called for. Unless otherwise stated in other sections and in the Proposal, the concrete and concrete work including all labor, materials, tools, equipment, supplies and incidentals for completed concrete work in place, will be paid for as a part of the applicable unit price listed in the Proposal for the items requiring concrete work. Said payment shall be considered full compensation for all labor, equipment, concrete, reinforcing steel, excavation and backfill, and other related items necessary for the work included in this section of the specifications. I END OF SECTION 401, CONCRETE I B -W JOB NO. WA -91-01 13 I ' 430.01 DESCRIPTION: The work included under this section of the specifications shall consist of the construction of Portland cement concrete driveways. This work shall ' include all fine grading, form work, concrete, finishing and related and incidental work necessary for the completed driveways.„ ' 430.02 APPLICABLE SPECIFICATIONS: All concrete work in this section shall be in accordance with the following specifications. 430.03 MATERIALS: ' A. CONCRETE: All concrete shall be Class "AA" (3500 psi) air entrained, as ' specified in section 401 of these specifications. The maximum size aggregate used shall be 1" with a gradation conforming to ASTM size No. 57 or size No. 67. B. EXPANSION JOINT MATERIAL: Expansion joint filler shall be a bituminous preformed ' expansion joint filler of the non -extruding and resilient type conforming to ASTM Standard D 1751. • C. JOINT SEALER: The joint sealer for all joints shall iie of the hot -poured I. rubber asphalt, elastic type, conforming to AVM Standard D 1190. 430.04 CONSTRUCTION METHODS: A. SUBGRADE PREPARATION: The subgrade shall be excavated to the required depth as shown Ion the plans and as directed by the Engineer. All soft and yielding material shall be removed and replaced with suitable material and the entire subgrade shall be thoroughly compacted with approved mechanical tampers. The subgrade shall have -a minimum density of 95% of the laboratory density as determined by AASHTO Test T 180. At the Contractor's option, a sand leveling course of 1" thickness may be utilized. ' In removing old driveway, care shall be taken to leave a straight, smooth edge at the location given by the Engineer. The ' edge shall be sawed or otherwise cut and trimmed to a smooth straight line. 1 Be* JOB NO. WA -91-01 1 B. C. D. E Forms shall be of metal or wood, free from warp, of sufficient strength to resist springing during the process of depositing concrete. The forms shall have a depth approximately equal to the edge thickness of the driveway. They shall be securely staked, braced, set and held firmly to the required line and grade. All forms shall be cleaned and oiled before concrete is placed against them. PL CING AND FINISHING: The subgrade shall be thoroughly moistened immediately prior to the placing of the concrete. The mixing and placing of concrete shall conform to the requirements of Section 401. The concrete shall be deposited in one course for the entire width of the driveway. The concrete shall be thoroughly consolidated until all voids are removed and the edges along the forms spaded to prevent honeycomb. The top shall then be struck off to the true grade and tamped or vibrated sufficiently for free mortar to appear on the surface. It shall then be finished to a true and even surface, free of water retaining depressions, with a wood float. After the water has disappeared, the surface shall be given a final finish by brooming with a soft bristled broom. The broom shall be drawn across the driveway at right angles to the street centerline, with adjacent strokes lightly overlapping producing a uniform, slightly roughened surface with parallel broom marks. Pavement and joint edges shall be rounded with a 1/4" radius. Care shall be taken that the edger does not leave an impression in the top of the slab so deep that the indentation cannot be removed with the subsequent finishing operations. CONTRACTION JOINTS: Contraction joints shall be placed at the locations shown or. the plans. The joints may be constructed using jointing tools or by sawing. Joint tools shall have a minimum bite of 1", a maximum width of 1/4" and rounded edges. Saw cuts shall have a minimum depth of 1" and a width of 1/4. The tooled or sawed joint shall be cleaned and shall be filled with the specified joint filler. EXPANSION JOINTS: Expansion joints shall be provided at the locations shown on the plans. The preformed expansion joint material shall have a thickness of 1/2" and shall be installed the full depth of the driveway, except the top of the joint filler shall be placed 1/2" below the surface of the driveway. All transverse expansion joints shall be formed of a single section of the preformed material. The H -W JOB NO. WA -91-01 2 CONCRETE DRIVEWAYS I top 1/2" of the joint shall be filled with the specified joint sealer. The concrete shall be cured with a liquid membrane curing compound as specified in Section 401 of these specifications. All traffic, both pedestrian and vehicular shall be excluded from the use of the concrete for at least 72 hours. G. BACICFILL: After the concrete has set sufficiently, the forms shall be removed. This shall be done not sooner than 24 hours after the concrete has been placed. The forms, stakes and other debris shall then be removed and the spaces adjacent to the driveways shall be filled as specified in other sections of these specifications. The joint between the existing driveway and the new concrete driveway shall be repaired with surfacing materials similar to the existing driveway construction as directed by the Engineer. . 4; •ILL • • n 4 The thickness of the concrete driveway shall be as shown on the plans. Any driveway concrete found to be less than the specified thickness shall be removed and replaced by the Contractor without compensation or payment. The measurement and payment of the work included in this section of the specifications shall be at the unit price per square foot listed in the proposal. Payment shall be considered full compensation for all equipment, tools, material, labor, supplies and incidentals necessary for the subgrade preparation, sand leveling course, forming, concrete, concrete work, jointing, backfilling and other items necessary for the completed construction of the concrete driveway. No separate payment will be made for cutting and removal of existing driveways unless otherwise specified and included in the proposal. Payment will be made under: Concrete Driveway () Thickness Square Yard I END OF SECTION 430, CONCRETE DRIVEWAYS B -it JOB NO. WA -91-01 3 II I C II II UI I I I Ii 440.01 DESCRIPTION: The work included under this section of the specifications shall consist of the construction of Portland cement concrete sidewalks. This work shall include all fine grading, form work, concrete, finishing and related and incidental work necessary for the completed sidewalks including handicap ramps and steps. 440.02 APPLICABLE SPECIFICATIONS: All concrete and concrete work in this section shall be in accordance with Section 401, "Concrete", unless otherwise specified. 440.03 MATERIALS: All materials used in the construction of sidewalk$'shall be in accordance with the following specifications. ' 440.04 S A. All concrete shall be Class "A" (3000, psi), air entrained, as specified in Section 401 of these specifications. The maximum size aggregate used shall be 1" with a gradation conforming to ASTM C 33, Gradation No. 57 or No. 67. Expansion joint filler shall be bituminous preformed expansion joint filler of the non -extruding and resitent type conforming to ASTM Standard D 1751. The subgrade shall be excavated tonthesrequired depth as shown on the plans and as directed by the7:ngineer. All soft and yielding material shall be removed and replaced with suitable material and the entire subgrade shall be thoroughly compacted with approved mechanical tampers. At the Contractor's option, a sand leveling course of l" thickness may be utilized. Forms shall be of metal or wood, free from warp, of sufficient strength to resist springing during tl1 process of depositing concrete. The forms shall have a depth pproximately equal to the edge thickness of the sidewalk. They shall be securely staked, braced, set and held firmly to the required line and grade. All forms shall be cleaned and oiled before concrete is placed against them. E -W JOB WO. WA -91-01 1 LI C. pLAC:NG AND FINISHING: ' The subgrade shall be thoroughly moistened immediately prior to the placing of the concrete. The concrete shall be deposited in one course for the entire width of the sidewalk. The concrete shall be thoroughly consolidated until all voids are removed and the edges along the forms spaded to prevent honeycomb. The top shall then be struck off to the true grade and tamped or vibrated sufficiently for free mortar to appear on the surface. It shall then be finished to a true and even surface, free of water retaining depressions, with a wood float. After the water has disappeared, the surface shall be given a final finish by brushing with a white -wash brush. The brush shall be drawn across the sidewalk at right angles to the edges of the walk, with adjacent strokes lightly overlapping, producing a uniform slightly roughened surface with parallel brushmarks. Edges shall be rounded with a 1/4" radius, including edges at joints. Care shall be taker. that the edger does not leave an impression in the top of the slab so deep that the indentation cannot be removed with the subsequent finishing operations. D. MACHINE PLACEMENT: At the Contractor's option an approved slipfors./extrusion machine may be used to place applicable sections of the sidewalk. The machine approved shall be so designed as to place, spread, consolidate, screed and finish the concrete in one complete pass in such a manner that a minimum of hand finishing will be necessary to provide a dense and homogeneous concrete section. The machine shall shape, vibrate and/or extrude the concrete for the full width and depth of the concrete section being placed. It shall be operated with as nearly a continuous forward movement as possible. All operations of mixing, delivery and spreading concrete shall be so coordinated as to provide uniform progress, with stopping and starting of the machine held to a minimum. The finished texture of the sidewalk and the joint locations shall be identical for either the machine placed or formed methods. E. CONTRACTION JO:N7S: Contraction joints shall be cut transversely at intervals of approximately 4' and never at intervals exceeding 5'. These joints shall be constructed at right angles to the centerline of the sidewalk. The jointing tool shall have a minimum bite of 1/2, a maximum width of 1/4" and rounded edges. The joints may be sawed at the Contractor's option. 1 I H -M JOB NO. WA -91-01 2 CONCRETE SIDEWALKS ' I F. EXPANSION JOINTS: Expansion joints shall be provided at the locations shown on the plans and shall be placed at maximum intervals of 100' unless otherwise shown on the plans. At locations where obstructions such as power poles, fire hydrants, water meters, street signs are encountered, expansion joints shall be placed transversely in the sidewalk. The expansion joint material shall furthermore surround these obstructions. The transverse expansion joint shall be centered on the diameter of the obstruction. ' The preformed expansion joint material shall have a thickness of 1/2" and shall be installed the full depth of the walk except the top of the joint filler shall be placed 1/4" below the surface of t the sidewalk. All transverse expansion joints shall be formed of a single section of the preformed material. ' 440.05 CURING: The concrete shall be cured with a liquid membrane curing compound as specified in Section 401 of these specifications. All traffic, both pedestrian ' and vehicular shall be excluded from the use of the concrete for at least 72 hours. • ' 440.06 HANDICAP ACCESS RAMP: Ramps shall be placed in the sidewalk at the locations shown on the plans or as designated by the Engineer. Ramps shall be constructed and finished as sidewalk construction. 440.07 BACRFILL: After the concrete has set sufficiently, the forms shall be removed. This shall be done not sooner than 24 hours after the concrete has been placed. The ' forms, stakes and other debris shall then be removed and the spaces adjacent to the sidewalks shall be filled with suitable material approved by the Engineer, compacted until firm and the surface neatly graded. The top 4" of finished grade soil shall be topsoil. 440.08 MEASUREMENT AND PAYMENT: The measurement and payment of the work included in this section of the specifications shall be at the unit price per square foot listed in the proposal for "Concrete Sidewalks" and "Concrete Steps". Payment shall be considered full compensation for all equipment, tools, material, labor, supplies and incidentals necessary for the subgrade preparation, sand leveling course, forming, concrete, concrete work, jointing, backfilling, handicap access ramps and other items necessary for the completed construction of the concrete sidewalks. The area measured for steps will be that of the treads only. No separate payment will be made for cutting and- -removal of existing sidewalks, curbs, curb and gutter and pavement unless otherwise specified. HEN JOB NO. WA -91-01 3 'CONCRETE SIDEWALKS When included in the bid form, handicap ramps will be measured by the unit. Sidewalk within the ramp area will be measured and paid for as stated previously. No separate payment will be made for removal and replacement of curb@, curb and gutter or existing sidewalks unless otherwise specified. END OF SECTION 440, CONCRETE SIDEWALKS H -W JOB NO. WA -91-01 4 CONCRETE SIDEWALKS 601.01 SCOPE OF WORK: The work included in this section of the specifications shall consist of furnishing and installing water mains and appurtenances. 601.02 CONSTRUCTION SCHEDULING AND COORDINATION: Service to water customers shall not be disrupted during installation of the water line improvements except for the time required to change individual services as specified in this specification. The Contractor shall notify the City of Fayetteville Water Department at least 48 hours prior to scheduled connections of mains. Scheduling shall be subject to the approval of the Water Superintendent and the Engineer. The sequence of construction and change over shall be as follows: a. Install new mains as shown on the plans, including fire hydrants. b. Test, disinfect and sample mains as specified. After samples are approved, place mains into service. c. Install new services and transfer customer's services to the new main. d. On lines to be abandoned, close existing valves and cut, plug and block line; remove existing valve box. 601.03 APPLICABLE SPECIFICATIONS: All materials and construction methods shall be in accordance with these specifications and with the standards referenced herein. Other specifications which are applicable are the General and Special Conditions and other technical sections. 601.04 MATERIALS: Materials and equipment specified by using the name of a proprietary item or a particular manufacturer shall be only that item or brand specified unless the term "approved equal" is stated. Where "approved equal" is stated, all ' requests by the Contractor to substitute other items shall be made in writing and shall include manufacturer's information and technical data. Requests shall be submitted to the Engineer for review and approval by the Director of Utilities I prior to ordering or installation of the proposed substitute. A. DUCTILE IRON PIPE: Ductile iron pipe shall be push -on joint, Class 50, cement lined, bituminous exterior coated and shall conform to AWWA C 151, latest revision. Pipe manufacturer shall furnish certification of compliance with the referenced standards. H -W JOB NO. WA -91-01 1 B. POLYETHYLENE ENCASEMENT: water piping, fittings, and all appurtenances to be installed shall be covered with polyethylene encasement (S mil). Polyethylene encasement material and its installation shall be in accordance with ANSI/AWWA C -105/A-21.5. Methods A, B, or C may be used. Polyethylene encasement for ductile iron pipe shall be considered to be incidental to the furnishing and installing of the pipeline, and will not be measured or paid for separately. C. FITTINGS: Fittings shall be gray -iron or ductile -iron conforming to AWWA C 110, latest revision. Fittings shall be mechanical joint, cement lined, exterior bituminous coated and shall have a minimum working pressure rating of 150 psi. GATE VALVES: Gate valves shall conform to AWWA C 500 and shall be iron body, bronze mounted, double disc, parallel seat, non -rising stem valves designed for 150 psi minimum working pressure rating. Valves shall have O-ring packing, open counterclockwise and shall be furnished with 2" AWWA nut operator. Valves furnished shall have mechanical joints for cast iron size pipe. The manufacturer shall furnish an affidavit that the inspection and all the specified tests have beer. made and the results thereof comply with requirements of AWWA C 500. Valve boxes shall be of the cast iron extension type. Boxes may be of the screw or sliding type and shall be complete with lid marked with the inscription "WATER ^ cast into the top and a base of the proper size for the valve it is to be used with. The boxes shall be similar and equal to Tyler Two Piece Valve Box Series 6850 or 6855, with 5 1/4" shaft. The boxes shall be of such size and length that they can be adjusted to the depth of cover required over the pipe at the valve location without using the full extension. Valve boxes shall have one priming coat and two coats of coal tar. E. TAPPING SLEEVES AND VALVES: Tapping sleeves shall be Mueller Type 615 or 616, or approved equal. Tapping valves shall conform to the requirements for gate valves specified above and shall be Mueller Model H 667, or approved equal. F. TRACER WIRE: Tracer Wire shall be solid copper, AWG Nc. 14. H -W JOB NO. WA -91-01 2 WATER LINE IMPROVEMENTS Fire hydrants shall conform to AWWA Standard C 502, Orv- Barrel Fire Hydrants, latest revision. The hydrants shall have "O" ring seals, two 2 1/2" hose nozzles, one 4 1/2" pumper nozzle, American Standard hose connection threads, 4 1/2" compression type main valve, drain valves, left (counterclockwise) opening 1 1/4", National Standard pentagon operation nut and a self -oiling system for stem threads. Valve and seal shall be all brass construction. Hydrants shall have incorporated in their design, a breakable connection feature including a safety flange and safety stem coupling immediately above the bury line. This breakable connection shall have a lower breaking strength than the remainder of the unit. The inlet connection shall be 6" in size and shall be of the mechanical joint type conforming to AWWA Standard C 111. The depth of bury shall be a minimum of 3'6" and shall be greater if needed to place the centerline of the pumper nozzle a minimum of 18" above finished grade. Where fire hydrant extensions are required, they shall be of the proper design to accommodate the make of fire hydrant installed. Fire hydrant barrels shall be painted yellow. Fire hydrants shall be Mueller Centurion, A-421. The hydrant manufacturer shall furnish an affidavit that the fire hydrant has been manufactured and tested in accordance with AWWA C 502. P;ty Couplings for joining sections of pipe shall be manufactured of gray cast iron in accordance with ASTM A 47, A 48 or A 536. Flanges may be of malleable iron conforming to ASTM A 47 or ductile iron conforming to ASTM A 536. Gaskets shall be of a permanent and set resistance material. Bolts shall conform to AWWA C 111. Adapters for connecting pipes of dissimilar materials ■hall be manufactured of gray cast iron in accordance with ASTM A 47, A 48 and A 536. Flanges may be of fine grained malleable iron conforming to ASTM Specification A 47 or of ductile iron conforming to ASTM Specification A 339. Gaskets shall be of a natural rubber compound that will provide permanence and resistance to set. Bolts for adapters shall be high strength steel or iron and shall be galvanized. Repair clamps shall be made Rockwell Type 227 or 228, or approved equal. Gaskets shall be of a natural rubber compound (70- 50-05.) that will provide permanence and resistance to set. Bolts and nuts shall be high strength steel or iron and shall be coated and treated for corrosion protection. Repair clamps shall be full circle design and shall have adequate length to properly repair line defects and thereby prevent future leakage at the repaired point. B -t1 108110. WA -91-01 3 WATER LINE The granular fill used as gravel bedding shall be crushed atone, crushed gravel or gravel. The materials shall be well graded containing several sizes of particles ranging from a 3/4" maximum size to a No. 4 material. Unless otherwise approved by the Engineer, the material shall sleet the gradation requirements of ASTM Designation C 33, Gradation 67. J. CONCRETE: Concrete shall conform to section 4C1 of these specifications. Concrete shall be Class B (250C psi), unless noted otherwise. 601.05 CONSTRUCTION METHODS: A. TRENCH EXCAVATION AND BACKFILL: (1) Genera:: The trench shall be excavated so that the pipe can be laid to the required lines and grades established by the Engineer. No deviation shall be made from the required line cr grade except with the written consent of the Engineer. The trench shall be graded to the approximate depth shown on the plane and shall maintain a depth that will provide not less than 30" of cover from the top of the pipe to the finished surface of the ground. The pipe shall be laid to a grade such that the entire line will have a minimum number of high and low pcints. At utility or street crossings requiring greater line depth, the approach to the crossing shall be on a gradual and uniform grade. Whenever obstructions not shown on the plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plans is required, the Engineer shall have the authority to change the plane and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation cr reconstruction of the obstructions. Temporary support, adequate protection and maintenance of all underground and surface utility structures, drains, conduits, sewers and other structures encountered in the progress of the work shall be furnished by the Contractor without special compensation. Where the grade or alignment of the pipe is obstructed by existing structures, the obstruction shall be permanently supported, relocated, removed or reconstructed by the Contractor in cooperation with the owner■ of such utility structures. Whenever necessary to determine the location of existing underground utility structures, the Contractor, after an examination of available records, shall make all explorations and excavations necessary to determine the exact location of the underground utility to enable him to provide adequate protection. H -W JOB NO. WA -41-01 4 WATER LINE IMPROVEMENTS I I The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures and utilities, both known and unknown, may be determined and he shall be held responsible for the repair of structures when broken or otherwise damaged because of carelessness on his part. The excavation of trenches shall not advance more than 150 feet ahead of the completed pipe work and completed backfill without permission from the Engineer. Except with written authorization of the Engineer, all excavation for water mains shall be in open cut rather than tunneled or bored. Cutting and replacement of pavements shall be as specified in other sections of these specifications. (2) Excavation: The Contractor shall accurately excavate all the material encountered within the lines and grades shown on the plans and as specified and established by the Engineer. The trench width at the ground surface may vary with the depth of the trench, but the minimum clear width of the trench at any point shall be not less than 18" or the outside diameter of the pipe plus 12", whichever is greater. The maximum clear width of the trench at the top of the pipe shall be not more than the outside diameter of the pipe barrel plus 24". In all cases, the trench width must be within these limits of width and have vertical sides below a point 12" above the outside top of the pipe. If the state of the material encountered does not permit these conditions, the Contractor shall take corrective measures and the trench shall be braced with shoring and/or sheeting. Material suitable for backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench to avoid overloading and to prevent slides or cave-ins. All excavated materials not required or unsuitable for backfill shall be removed and wasted as indicated or as directed by the Engineer. Where necessary to protect the labor, the work or adjacent property, the Contractor shall provide and install shoring. The material used shall be of suitable dimensions and strength to prevent the settlement or movement of the ground adjacent to the trench and to prevent damage to all surface or subsurface structures. The adequacy and need of the sheeting, shoring and bracing shall be the complete responsibility of the Contractor. The shoring shall remain in place until the backfill has proceeded to a point where it can safely be removed, except that, if in the opinion of the Engineer, damage is likely to result from withdrawing shoring, it shall remain in place. The compensation for sheeting, shoring and bracing shall be included in the unit price for pipe. No separate payment will be made. I ' Nom/ JOB NO. WA -91-01 5 WATER LINE L If rock is present at the grade line of the trench, it shall be excavated to an elevation at least 6" below all parts of the pipe, valves or fittings, and to a clear width of 6" on each side of all pipe and appurtenances. Adequate clearance for properly jcinting pipe laid in rock trenches shall be provided at bell holes. No explosives shall be used in the excavation of rock. Excavation below subgrade in rock shall be refilled tc subgrade with gravel or selected backfill approved by the Engineer. A soft and yielding subgrade which, in the opinion of the Engineer, will not properly support the pipe shall be removed. The soft material shall be removed to firm soil or a depth specified by the Engineer and the trench refilled to the foundation grade of the pipe with gravel or select material approved by the Engineer. All excavation shall be dewatered before any construction is undertaken therein. All pipe shall be laid in dry trenches and all concrete shall be placed only upon dry and firm foundation material. The Contractor shall pump, bail or temporarily provide drainage for any water which may be encountered. Backfilling shall not be commenced until the trench has been dewatered. (3) Beddinc: Pipe bedding shall conform to the class specified. When no bedding class is specified, the requirements for Class "D" bedding shall apply. Class "B" Bedding: Class "B" bedding shall consist of bedding the pipe on an approved material having a minimum depth as shown on the plans. The bedding, except in mucky conditions, shall be sand cr select material approved by the Engineer. This material shall be unifcrmly tamped to a minimum density of 90 percent of the maximum dry density of the material as determined by AASHTO T -18C. In mucky conditions, the bedding material shall be gravel bedding. Class "D" Beddinc: Class "D" bedding shall consist of bedding the pipe or. firm soil excavated to provide uniform bearing for the full length of the pipe barrel. Bell holes shall be provided at each joint to permit the jointing to be properly made and prevent the joint of the pipe from being a point of support. Whenever any portion of the trench is excavated below grade, it shall be corrected with thoroughly compacted material approved by the Engineer. (4) Backfillinc: All trenches shall be backfilled immediately after the pipe is laid and approved. Such backfilling, before testing, shall not relieve the Contractor of his responsibility for correction of leaks in the line. 1 B -W JOB NO. WA -91-01 6 WATER LINE IMPROVEMENTS The backfilling of all trenches shall be accomplished by hand shoveling to the top of the pipe. The approved material shall be placed in lifts and compacted to the required density. The material shall be placed simultaneously on both sides of the pipe. Backfilling above the top of the pipe may be by mechanical means so long as the material quality and compaction standards of this section are fully satisfied. All backfill material shall be free from cinders, ashes, refuse, vegetable or organic material, boulders, rocks or stones, chunks of highly plastic clay, frozen clods or other material that in the opinion of the Engineer is unsuitable. The moisture content of the backfill material shall be controlled to provide for proper and adequate compaction. Trench backfill density requirements vary with the location and depth of the trench. The percentage of compaction requirements for the various locations are minimum densities which will be accepted. All densities specified herein are based on the maximum dry density of the material obtained by the Modified Method of Test for the Compaction and Density of Soils as determined by AASHTO Designation T-180. Bottom of trench to 12" above the top of the pipe Upper portions of the trench not under pavement Subgrade under streets, driveways, walks and paved areas: Top 12" Remainder of fill 90% 90% 95% 90% A specific number of tests and location of tests will not be designated herein, but tests shall be made at such times and locations as may be directed by the Engineer or as stated in other sections of these specifications. All tests shall be performed by a laboratory selected by the Engineer. Materials or workmanship which fail to meet specification requirements, as determined by the tests, shall be either replaced or reworked to meet requirements. Testing shall be paid for by the Owner, except as cited in the Special Conditions. All trenches shall be backfilled, settled and the ground restored to its original condition as soon as possible after the pipe is installed. Any unnecessary delay in restoring trenches shall constitute just cause for stopping all other work until the trenches are so restored. The Contractor also I HAW JOB NO. WA -91-01 7 WATER LIME IMPROVEMENTS shall refill trenches as often as necessary to bring them back to original grade and during the period when settlement is occurring, shall refill them frequently enough to maintain traffic without hazard at all times. If at any time within 24 months after the completion and final acceptance of the work embraced in this contract, there shall be any settlement of the trenches requiring repairs to be made, the Owner may notify the Contractor to make such repairs as may be necessary. Should the Contractor fail to do so within fifteen days after the date of such notice, or should the nature of such defect be such as to require immediate attention, the Owner shall make such repairs as may be necessary and bill the actual costs of much repairs to the Contractor. B. PIPE INSTALLATION: (1) General: Pipe fittings and accessories shall be unloaded near the place where they are to be laid in the trench. They shall at all times be handled with care to avoid damage. Cutting of pipe shall be done by means of an approved type of mechanical cutter. (2) Placement of Pive: Sections of pipe, fittings and accessories shall be cleaned and inspected for damage immediately prior to placement in the trench. All defective materials shall be rejected. Pipe, fittings and accessories shall be placed in the trench and shall be positioned utilizing hoisting equipment. Pipe shall be laid true to line and grade, with uniform bearing under the full length of the pipe barrel. Jointing of pipe shall be accomplished in accordance with the pipe manufacturers' recommendations. Gaskets and lubricants shall be the type recommended by the pipe manufacturer. The spigot end of the pipe shall be inserted into the bell to the required depth and in much manner as to avoid displacement of the gasket. Jointing of mechanical - joint pipe shall be accomplished such that the gland is positioned evenly by tightening alternately the bolts spaced 180 degrees apart. At times when pipe laying is not in progress, the open ends of the pipe shall be closed by a watertight plug. This provision shall apply during the lunch period, overnight, or any other time when work is not in progress. No pipe shall be laid in wet trench conditions that preclude proper bedding, or on a frozen trench bottom, or when in the opinion of the Engineer, the trench conditions or the weather are unsuitable for proper installation. N -W JOB NO. WA -91-01 S WATER LINE (3) Concrete Thrust Blocking: Concrete thrust blocking shall be installed at the locations shown on the plans. The concrete shall be placed between solid "ground and the fitting to be anchored. Care shall be taken to place the thrust block that the pipe and fitting joints will be accessible for repair. The shape and contact area of the concrete thrust blocks shall be as shown on the plans and as directed by the Engineer. The contact area of backing shall be as required to prevent movement of the joint, but in no case shall the contact area be less than one square foot. (4) Connections to Maine: Connection of new water mains shall be accomplished by installation of tapping sleeves and valves. Bedding, backfilling, concrete blocking and other related items shall be as specified in other sections of this specification. The main shall be connected and a corporation stop installed near the point of connection to permit expelling air from the line. Installation of the tap shall be as directed by the Engineer. L. (1) Gate Valves: Valves shall be cleaned of all foreign matter before installation and shall be installed at the locations shown on the plans or as directed by the Engineer. Valves shall be set with operating stems in true vertical position. Earth fill shall be carefully tamped around each valve box for the full depth of the excavation for a distance of not less than 4' on all sides or to the undisturbed wall of the trench if less than 4'. A concrete collar shall be placed on each valve box located outside of pavement surfaces or sidewalks. (2) Aonurtenances; Adapters and special fittings shall be installed at the locations shown on the plans. Repair clamps shall be used when authorized by the Engineer. • Fire hydrants shall be located and installed as shown on the plans or as directed by the Engineer. All hydrants shall stand plumb and shall have their nozzles parallel with or at right angles to the curb, with the pumper nozzle facing the curb. Hydrants shall be set to the established grade, with nozzles at least 18" above the ground. I 1 Each hydrant shall be connected to the main with a 6" ductile iron branch. A 6" gate valve shall be placed on this branch to provide independent control of the hydrant. HAW JO8'NO.'WA-91-01 9 WATER LINE IMPROVEMENTS I The shoe of each hydrant shall be well braced against unexcavated earth at the end of the trench with concrete blocking, or it shall be tied to the pipe with approved metal tie rods or clamps. Concrete blocking shall be placed so that the drains and joints are accessible. A drainage pit shall be provided at each fire hydrant. Location and dimensions of the drainage pit shall be as shown on the plans. Gravel shall conform to paragraph 6C1.04.I. of this specification or as approved by the Engineer. E. STREET CROSS:NGSs: Installation of water mains at street crossings shall be in open. cuts unless boring is required on the plans or is authorized by the Engineer. Excavation, trenching, backfilling and pipe installation shall be as specified in other sections of this specification and as shown on the plans. Cuts made through existing asphalt or Portland cement concrete pavement shall be as specified in Section 201 of these specifications. Replacement of pavement shall be as shown on the plans and as specified in Section 901 of these specifications. Removal and replacement of existing curbs and sidewalk shall be as specified in other sections of these specifications. P. ABANDONED LINES: Water lines which are to be abandoned shall remain in place except where removal is required for construction of improvements. Existing fire hydrants are to be abandoned. The abandoned fire hydrants, gate valves, valve boxes and fittings shall remain the property of the Owner. Gate valves which are to be abandoned in place shall have the valve boxes removed. 601.06 TESTING: After the water lines have been laid as specified, the entire system shall be given a hydrostatic pressure test and a leakage test. This may be done by sections between valves as selected by the Contractor for his convenience. Theme tests shall be performed by the Contractor in the presence of the Engineer. The Contractor shall furnish all necessary pressure gauges, meters, and pumps and make all taps and connections. Each valved section of pipe shall be slowly filled with water and the ■pacified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. r I I I L L I I I I I I I H -W JOB NO. WA -91-01 10 WATER LINE IMPROVEMENTS I] n It shall be the Contractor's responsibility to locate and repair any and all leaks and defects that may develop. Even though the pipe line may pass the leakage test, any leaks apparent at the ground's surface, any leaking joints, fittings or appurtenances, or any other visible defects shall be repaired to the satisfaction of the Engineer. ' The hydrostatic and leakage tests may be performed simultaneously, but the duration of the test shall be not less than 2 hours. A pressure equal to, or exceeding, the working pressure of the pipe and never less than 150 psi shall ' be maintained throughout the test. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: 1n '7400 ' in which L is the allowable leakage, in gallons per hour; N is the number of joints in the length of pipe tested; D is the nominal diameter of the pipe, in inches; P is the average test pressure during the leakage test, in pounds per ' square inch gage. 601.07 DISINFECTION: ' All materials, work, workmanship and methods shall be in accordance with the latest revision of the American Water Works Standard C 601 for Disinfecting I Water Mains. The lines shall be thoroughly flushed at a velocity of not less than 2.5 feet per second before the sterilization procedure is begun. The sterilizing ' agent may then be introduced in any manner approved by the Engineer, that will insure a uniform distribution. ' The form of chlorine used for the disinfection may be either a liquid chlorine gas -water mixture applied by means of a solution -feed chlorinating device, or a mixture of water and a chlorine -bearing compound of known chlorine ' content. The chlorine -bearing compounds that may be used are calcium hypochlorite (NTH) and sodium hypochlorite. The preparation of these compounds shall be as outlined in AWWA Standard C 601. ' The chlorine mixture selected shall be used in such an amount as to provide a dosage of chlorine in the system of not less than 50 mg/Liter and a residual at the end of 24 hours of not less than 25 mg/Liter. All valves in the lines ' being sterilized shall be opened and closed several times during the sterilization period. Following a contact period of not less than 24 hours, the chlorinated water shall be flushed from the lines until the chlorine content ' of the water leaving the main is less than 1 mg/Liter unless otherwise directed by the Engineer. Samples of water shall be taken by the Contractor as directed by the Engineer and shall be submitted for analysis by the State Department of Health. A copy of the test results shall be furnished the Engineer. ' The sterilization procedures shall be repeated as necessary until all samples indicate that the water is safe and approved by the State Department of ' Health_ H -W JOB NO. WA -91-01 11 WATER'I.INE IMPROVEMENTS I 601.08 MEASUREMENT AND PAYMENT: ' The measurement and payment of the work included in this section of the specification., shall be at the contract unit prices listed in the proposal for the items of work. Payment at the contract unit price for each item shall be considered full compensation. for furnishing all materials, labor, equipment, tools, supplies and incidentals necessary to complete each item of work. A. PIPE: Water pipe will be measured by the linear foot along the centerline of the pipe from center to center of intersecting lines or to the point of connection to existing mains. Payment for water pipe at the contract unit price fcr the size and type of pipe listed in the proposal shall be considered full compensation for furnishing and installing pipe, including excavation, backfilling, concrete thrust blocking, testing, and disinfection, air release taps, and related work. Rock excavation will be measured by the number of cubic yards of rock excavated, measured as follows: length will be measured along the centerline of the pipe; width will be the actual width used except in no case shall it exceed the maximum trench width specified, and depth will be calculated at 25 foot intervals from six inches below the invert to the top of the rock. When specified as a pay item, and listed in the proposal, payment for rock excavation measured as specified above will be made at the contract unit price per cubic yard. Contractor shall nctify Engineer when rock is encountered and shall allow sufficient time for the Engineer to measure limits of rock excavation. Payment will constitute full compensation for all excavation and disposal of stones too large to place in the trench. Removal cf concrete or masonry structures will be paid for as rock excavation except that no separate payment will be made for removal of existing culvert pipe or for removal of pavements or sidewalks unless otherwise specified in other sections of these specifications. Gravel or crushed stone bedding will be measured by the cubic yard of material authorized by the Engineer, complete in place, and will be measured as follows: Measurements at 25 foot intervals of the width, depth and length of material measured along the centerline of the pipe. Payment for gravel or crushed stone bedding measured as specified will be made at the contract unit price per cubic yard listed in the proposal. Payment will constitute full compensation for all material, placement and compaction. No payment will be made for material required for bedding where the specified trench limits are exceeded. Select backfill will be measured by the cubic yard of material authorized by the Engineer, complete in place, and will be measured as follows: Measurements at 25 foot intervals, of the width, depth and length of material measured along the centerline of the pipe. Payment for select backfill at the contract unit price per cubic yard will constitute full compensation for all material, hauling, II L L 1, I I M -W JOB NO. WA -91-01 12 WATER LINE IMPROVEMENTS ' placement and compaction. No payment will be made for backfill where the specified trench limits are exceeded. No payment for select backfill will be made where on site material is used as backfill. No separate payment will be made for disposal of excess on site excavation. B. FITTINGS: Gray and ductile iron fittings shall be considered incidental to the furnishing and installing of water piping, and will not be measured or paid for separately. No separate payment will be made for miscellaneous fittings, adapters, repair clamps, couplings or other appurtenances. Tapping sleeves and valves will be measured and payment made according to the number of each size furnished and installed. Valve Boxes, concrete thrust blocking, concrete collars and related items will not be measured separately, but will be included as a portion of the payment for tapping sleeves and valves. D. GATE VALVES: Gate valves will be measured and payment made according to the number of each size furnished and installed. Valve boxes and concrete valve box collars will not be measured separately, but will be included as a portion of the payment for gate valves. Fire hydrant assemblies will be measured and payment made according to the number acceptably placed and approved. Payment for the fire hydrant assembly at the contract unit price listed in the proposal shall be considered full compensation for the hydrant, gate valve, valve box, concrete collar, concrete blocking, extension, the ductile iron pipe length between the line and the fire hydrant and crushed rock for the drains. F. TRACER WIRE: Tracer wire shall be considered incidental to water line and no separate payment will be made. END OF SECTION 601, WATER LINE IMPROVEMENTS H -W JOB NO. WA -91-01 13 WATER LINE IMPROVEMENTS 701.01 SCOPE: This work shall include all excavation, trenching, bedding, backfilling and related items required for installation of sanitary sewer lines, structures and appurtenances. 701.02 MATERIALS: Granular material used for bedding shall be crushed stone or gravel and shall be well graded containing several sizes of particle■ ranging from 3/4 inch maximum to No. 4. Unless otherwise approved by the Engineer, the material shall meet the requirements of ASTM C 33, Gradation 67. Select backfill shall be a granular material, maximum particle size of 3 inches, graded from coarse to fine, conforming to AASBTO classification A-1, A-2-4 or A-2-5, or a sandy or gravely clay conforming to classification A-2-6 or A-6 with the exception that the plasticity index shall not exceed 20. The Contractor shall furnish, at his expense, test data indicate compliance of select material with this specification. 701.03 GENERAL: The trench shall be excavated so that the pipe can be laid to the alignment and grade required by the plans. No deviation shall be made from the required line or grade except with the written consent of the Engineer. Whenever obstructions not shown on the plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plans is required, the Engineer shall have the authority to change the plans and order a deviation from the line and grade or arrange with the Owners of the structures for the removal, relocation or reconstruction of the obstructions. The excavation of trenches shall not advance more than 150 feet ahead of the completed pipe work and completed backfill without permission from the Engineer. All excavation shall be in open cut. The Contractor shall accurately excavate all the material encountered within the lines and grades shown on the plans and as specified and established by the Engineer. N -W JOB NO. I Below a point 12" above the outside top of the pipe, the trench shall have vertical sides and shall have a minimum width equal the pipe outside diameter plus 18" and a maximum width equal the pipe outside diameter plus 30". At any point where the width of the lower portion of the trench exceeds these limits, corrective measures shall be taker, by the Contractor. As directed by the Engineer, the Contractor shall provide either pipe of adequate strength, special pipe embedment, cr a concrete cradle as required by the loading conditions. These corrective items shall be furnished and installed by, and at the expense of the Contractor, and no additional payment will be made. Material suitable for backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench to avoid overloading and to prevent slides or cave-ins. All excavated materials not required or unsuitable for backfill shall be removed and wasted as indicated or as directed by the Engineer. Where necessary to protect the labor, the work or adjacent property, the Contractor shall provide and install shoring. The material used shall be of suitable dimensions and strength to prevent the settlement or movement of the ground adjacent to the trench and to prevent damage to all surface or subsurface structures. The adequacy and need of the sheeting and bracing shall be the complete responsibility of the Contractor. The shoring shall remain in place until the backfill has proceeded to a point where it can safely be removed, except that, if in the opinion of the Engineer, damage is likely to result from withdrawing shoring, it shall remain in place. No separate payment will be made for sheeting, shoring and bracing. :f the soil at the bottom of the trench is unstable and in such condition that it cannot be properly graded, the trench shall be excavated to a depth determined by the Engineer and backfilled to grade with crushed stone or gravel well compacted by tamping. All excavation shall be dewatered before any construction is undertaken therein. All pipe shall be laid in dry trenches and all concrete shall be placed only upon dry and firm foundation material. The Contractor shall pump, bail, or temporarily provide drainage for any water which may be encountered. Should the specified methods of dewatering the trenches be unsuccessful, the trench shall be excavated to a depth of approximately 6" below grade. It shall then be backfilled to grade with gravel bedding. A sump below the gravel ■hall be formed to provide a place for a pump to take suction, and thus lower the water level to a point below the bottoms of the pipe joints. The pumping shall be continued until the joints have been placed, and the presence of water will not injure them. Backfilling shall not be commenced until the trench has been dewatered. If rock is present above the grade line excavated to the grade required for placement of of sedimentary or other types of rock which cannot of rippers or impact hammers. Rock excavation deposits of concrete with a volume of 1/2 cubic ya then be backfilled to grade with crushed stone or be placed prior to the time the sewer pipe is laid. No explosives shall be used. H -W JOB NO. WA -91-01 2 EXCAVATION, TRENCHING AND BACKFILLING of the trench, it shall be bedding. Rock shall consist be excavated without the use shall include boulder■ and rd or more. The trench shall gravel. This backfill shall All excavated rock shall be removed from the site and shall be disposed of by the Contractor. 701.05 BEDDING: All pipe shall be fully embedded in granular material (gravel bedding) a minimum of four (4) inches around the outside of the pipe. Prior to installation of the pipe, the granular bedding shall be shaped to provide uniform support for the bottom quadrant of the pipe barrel. Placement of granular material on each side of pipe (haunching) and immediately above the top of the pipe (initial backfill) shall be accomplished in a manner which will prevent displacement or deflection of the pipe. 701.06 BACRFILLING: All trenches shall be backfilled immediately after the pipe is laid and approved. All backfilling shall be done by methods which will not disturb the pipe• Backfill material shall consist of on -site material excavated from the trenches except where the use of special backfill materials are required on the plans or directed by the Engineer. On -site backfill material shall be free of rocks, clods or frozen masses over three inches in diameter or organic matter. Backfill material shall be approved by the Engineer prior to placement in the trench. Backfill up to a level of one foot above the top of the pipe shall be placed by hand shoveling within the trench and shall be deposited in maximum layers of 6". Each layer shall be compacted by tamping. Pipe shall not be displaced during tamping of the backfill. Moisture content of the backfill material shall be controlled as required to obtain the specified compaction. From a point one foot above the top of the pipe, backfill may be placed by any approved method which will not injure or disturb the pipe and will result in the specified compaction. Trench backfill density requirements vary with the location and depth of the trench. The percentage of compaction requirements for the various locations are minimum densities which will be accepted. All densities specified herein are based on the maximum dry density of the material obtained by the standard method of test as determined by AASHTO T-99, latest revision. Field density determination shall conform to AASHTO T-238. H -W JOB NO. WA -91-01 3 EXCAVATION, TRENCHING AND BACRFILLING Percent Comaactior. Bottom of trench to 12above the top of the pipe Upper portions of the trench not under pavement Upper portions of the trench under streets, driveways, sidewalks and paved areas: Subgrade (Top 6•) Remainder of fill 90% 908 100% 95% When conflicts exist between these densities due to location or depth of trench, the higher density specified shall be obtained. A specific number of tests and location of tests will not be designated herein, but tests shall be made at such times and locations as may be directed by the Engineer. Materials or workmanship which fail to meet specification requirements, as determined by the tests, shall be either replaced or reworked to meet requirements. All trenches shall be backfilled, settled and the ground restored to its original condition as soon as possible after the pipe is installed. Any unnecessary delay in restoring trenches to their original condition shall constitute just cause for stopping all other work until the trenches are so restored. If at any time within 24 months after the completion. and final acceptance of the work embraced in this contract, there shall be any settlement of the trenches requiring repairs to be made, the Owner may notify the Contractor to make such repairs as may be necessary. Should the Contractor fail to do sc within 15 days after the date of such notice, or should the nature of such defect be such as to require immediate attention, the Owner shall make such repairs as may be necessary, and bill the actual cost of such repairs to the Contractor. 701.07 MEASUREMENT AND PAYMENT: Trenching and backfilling will be measured by the number of linear feet of trench, of the various depths acceptably excavated and backfilled, measured along the centerline of the trench. Measurements of the depth acceptably excavated and backfilled, measured along the centerline of the trench. Measurements of the depth will be made from the original ground surface to the flow line grade of the sewer line and will be made at 5C foot intervals and at all abrupt changes on the ground profile. Payment for trenching and backfilling measured as specified above will be made at the contract unit prices per linear foot for applicable depths listed in the proposal. Payment will constitute full compensation for all clearing, excavation, trenching, pumping, bracing, sheeting, backfilling, compaction, disposal of excess material and for all incidental labor and materials necessary to complete the work. H -W JOB NO. WA -91-01 4 EXCAVATION, TRENCHING AND BACKPILLING The measurement and payment for pipe, structures, pavement replacement and related items is specified in other sections of these specifications. END OF SECTION 701, EXCAVATION, TRENCHING AND BACKFILLING H -W JOB NO. WA -91-01 5 EXCAVATION, TRENCHING AND BACKFILLING I ' 840.01 DESCRIPTION: This item shall consist of furnishing and placing traffic paint pavement ' markings including words, arrows and emblems, of the color and type specified, and the removal of pavement markings in accordance with these specifications, and in conformity with the dimensions and at the locations shown on the plans ' or as directed by the Engineer. The markings are to be placed under local traffic conditions. The work shall meet the requirements of the Manual of Uniform Traffic Control Devices (MUTCD) except as modified by these specifications. 840.02 MATERIALS: ' A. GENERAL: ' These specifications cover a ready mixed alkyd resin, chlorinated rubber, chlorinated paraffin based white and yellow paint suitable for application on concrete and bituminous pavements. Yellow paints may be supplied as either formulation A or B unless otherwise indicated. The paint must be capable of being successfully applied by ' various types of traffic marking equipment at elevated temperatures up to approximately 120 degrees F. The paint shall be homogeneous, well ground, shall not settle badly or cake in the container and shall be readily broken up with a paddle to a smooth, uniform consistency. It shall be free from water, dirt or other foreign matter and shall dry within the specified period to a good, tough serviceable film. All materials used in the manufacture of these paints shall meet the requirements herein specified. Minor ingredients not specifically covered will be left to the discretion of the Manufacturer except that the finished product shall not be adversely affected. The suitability of raw materials from different sources for use in these paints will be the responsibility of the Manufacturer. Reactive or unstable products causing excessive viscosity or container instability will be cause for rejection of the paint. The paint shall conform, on a weight basis, to the composition requirements of the formulation as closely as accepted good paint practice will permit. No intentional variation will be permitted except for replacement of volatiles lost in processing. B. SPECIFICATION FOR RAW MATERIALS FOR PIGMENTS: (1) Anatase Titanium Dioxide shall comply with the latest revision of ASTM D-476, Type 1. ' H -W JOB NO. WA -91-01 11 12) Calcium Carbonate: CaCO 97% Min. H 0 0.4% Max. Specified Gravity 2.62 - 2.73 Ret'd No. 325 Sieve 0.75% Max. (3) Magnesium Silicate shall comply with the latest revision of ASTM D-605. (4) Lead free zinc oxide shall comply with the latest revision of ASTM D-79. (5) Normal Lead Silico Chromate: Specific Gravity 3.8 Minimum Weight per Gallon, lbs. 31.6 Minimum Oil Absorption, g. per 100 q :4 to 17 Average particle size 6 Microns Percent retained on 325 sieve 0.30 Maximum Percent Lead Oxide (PbO) 31.5 to 35.0 Percent Chrome Trioxide (CrO3) 14.C to :5.7 Silica, Silicates & Carbonates Balance (6) Medium Chrome Yellow shall comply with the latest revision of ASTM D-211, Type III. C. SPEc:FICATIONS FOR RAW MATERIALS FOR VEHICLES: (1) Alkyd Resin Solution: (a) General: Type: Length: Type Oil: Pure drying alkyd Medium Soya or linseed Compatibility: Tolerates 500 percent dilution with VM or P Naphtha. A solution containing 100 grams of chlorinated rubber, 130 grams of 60 percent alkyd and 290 grams of methyl ethyl ketone shall be clear, transparent, and ■how no separation after 24 hour storage in. a 3/4 full test tube at 80 t 5 degrees F. H -W JOB NO. WA -91-01 2 TRAFFIC PAINT PAVEMENT MARKINGS Percent Phthalic Anhydride 33 to 37 Percent Fatty Acids 48 to 55 Acid Number, Max. 8 Ash Residue, Max. 0.05% Unsaponifiables, Max. 1.0% Iodine Number of Fatty Acids, Min. 115 Refractive Index of Fatty Acids, Min. 1.4660 (c) 45 Percent Solids Basis: Color, Gardner 1953 Stds. 9 Max. Viscosity, Gardner-Holdt Tubes D to G Drying Time: A 3 mils thick film of the Alkyd shall set to touch in not more than 90 minutes. Driers shall be 0.06 percent cobalt (metal) and 1.0 percent lead (metal), based on resin solids. * Reduced from 60 percent solids with VM and P Naphtha. (2) Soya Lecithin: This Material shall be of suitable quality for use in the manufacturing of paint. (3) the Chlorinated Rubber Shall have the Following Properties: Chlorine 65 to 69% Color (Gardner, 20% by weight in Toluene) 4 Max. viscosity (20% by weight in Toleune) 17 to 25 cps. (4) Chlorinated paraffin shall comply with the latest revision of MIL -C-429, Type I. (5) Methyl ethyl ketone shall comply with the latest revision of ASTM D-740. (6) Xylene shall comply with Federal Specification TT -X -916b, Grade B. (7) Toluene shall comply with the latest revision of ASTM D-362. (8) Petroleum Naphtha shall comply with Federal Specifications TT -N -95a. (9) Aromatic Naphtha shall comply with Federal Specifications TT -N-97. D. PHYSICAL REOUIREMENTS OF THE FINISHED PAINT: (1) Drying Time: The paint shall dry to a no -pick-up in not more than 5 minutes without glass beads when tested in accordance with the latest revision of ASTM D-711 except that the film H -W JOB NO. WA -91-01 3 TRAFFIC PAINT PAVEMENT MARKINGS will be applied at a wet film thickness of 15 mils. When applied under field conditions with normal hot spray application with drop -on beads the paint shall dry to a no - tracking condition in not more than 3 minutes. (2) The daylight directional reflectance of the white paint (without glass spheres) shall not be less than 80%, the yellow paint (without glass spheres) shall not be leas than 48%, when tested in accordance with the latest revision of ASTM E-97. In addition the yellow paint shall visually match Federal Standard 595-A Color Number 33538. These limits shall also apply to the yellow paint. S H +, The visual comparison. shall be made with standard yellow Federal Colcr Tolerance chart for highway signs and markings obtainable from the U.S. Department of Transportation, Federal Highway Administration., Washington, D.C. 2059.. (3) Contrast Ratio: The paint shall have a minimum ratio of 0.97 when applied at a wet film thickness of 15 mils. The wet film shall be applied tc a color matching panel (Morest, form :010P or Equal). After air drying for 24 hours, measure daylight 45 degrees, directional reflectance of white and black sections. Contrast Ratio = Black/White. (4) Bleeding Ratio: The paint shall have a minimum bleeding ratio of 0.94 when tested in accordance with Federal Specification t'T-P-85e. Except, the Asphalt saturated felt shall be Standard 15f roofing felt. The paint shall not check or crack on asphalt saturated felt (15 lb.) indicating unsuitability for use on fresh asphalt overlays. Any checking cr cracking on the felt or on fresh asphalt cores will be cause for rejection. E GLASS BEADS: Glass beads for use on traffic line paint shall be clear, colorless and clean and of such character as to permit their embedment in a pigmented binder having their upper surface exposed to permit the refracting of light rays. The beads shall be of such character that when applied to a traffic line paint they shall embed to approximately their equator in the paint film. (1) Refractive Index: The spheres shall have an average index of refraction not lees than 1.50 when tested by the liquid immersion method of 25 degrees C. H -W JOB NO. WA -91-01 4 TRAFFIC PAINT PAVEMENT MARKINGS ' (2) Size: U.S. Standard Sieve No. U.S. 40 U.S. 80 90 - 100% 0-10% (3) Percent Spheres: A minimum of 75% (by weight) of the spheres shall be true spheres. (4) Flotation: A minimum of 90% of the glass spheres shall float on eylol (Aromatic solvent) or minimum of 75% of the glass spheres shall float on heptane (aliphatic solvent) when tested as follows: A single layer of spheres shall be spread on a clean, inverted pint tin can lid. Solvent shall be slowly introduced with a syringe of dropper at the edge of the lid until it overflows. The percentage of spheres floating on the solvent surface shall be estimated visually. (5) Color: The glass spheres shall be colorless to the extent that they impart no objectionable day or nighttime hue to the binder when applied at concentration equal to those used on road surfaces. A. MARKING EOUIPMENT: Markings shall be applied by equipment that has been developed for application of paint or paints of the type indicated. Where drawings indicate, the machine shall be capable of applying traffic marking paint, both reflective and non -reflective, in either solid lines or skip lines, or a combination of both. Equipment used to apply glass beads shall be so constructed that the amount of glass beads applied may be readily adjusted and operate simultaneously with the paint application, placing glass beads over the full width of applied paint. Where drawings require the use of a skip line application, the machine shall be readily equipped with a skip line mechanism capable of applying the paint at the cycle indicated. Marking machine shall permit a sharp, clear line definition when applying the paint. Paint storage tanks of 30 gallon capacity or more shall be equipped with a mechanical agitator. H. SURFACE RESTORATION: Any preparation required prior to application of paint will be performed by the Contractor. Surfaces on which markings are to be applied shall be thoroughly cleaned of scale, dirt, mud, oil, grease or other foreign material. Markings shall be applied only H -W JOB NO. WA -91-01 5 TRAFFIC PAINT PAVEMENT MARKINGS when surfaces are thoroughly dry and when the air temperature is a minimum of 40 degrees F. and rising. Conflicting paint or thermoplastic pavement markings shall be removed by blasting with water or sand or by grinding. This blasting and grinding is considered pavement marking removal. C. APPLICATION OF MARKINGS: All dimensions, spacings and locations of markings shall be as indicated on the drawings. The paint shall be applied at the rate of one gallon to approximately 110 square feet of surface area. In nc event shall the application exceed 120 square feet of surface area per gallon. The Contractor shall use such guidelines, string lines, templates and forms as required to obtain workmanship of the highest grade throughout. The Contractor shall use appropriate and approved methods to produce straight lines on tangents and a smooth uniform line on curves. All lines shall be uniform in width and shall have clear. cut edges and ends, without fuzziness. The operation of application equipment will be qualified, skilled technicians to insure that the beat standard cf practice for the equipment is complied with. 840.04 METHOD OF MEASUREMENT: A. Completed and accepted traffic paint pavement markings will be measured by the linear foot of material actually placed. B. Completed and accepted Words and A. -rows will be measured by the unit. C. Completed and accepted Railroad Emblems will be measured by the unit. B. Surface preparation will not be measured and paid for directly but will be considered a part of the item Traffic Paint Pavement Marking. E. Pavement Marking Removal will be measured by the linear foot of marking actually removed. F. When any pavement markings are removed in conjunction with the removal of the pavement either on detours or during stage construction, or covered over with successive courses, the removal of the markings will not be measured for payment. 840.05 BASIS OF PAYMENT: A. Work completed and accepted under the item of Traffic Paint Pavement Markings will be paid for at the contract price bid per linear foot in place, which price shall be full compensation for furnishing and installing markings; and for all labor, tools, equipment, surface preparation and incidentals necessary to complete the work. H -W JOB NO. WA -91-O2 6 TRAFFIC PAINT PAVEMENT MARKINGS B. Work completed and accepted under the item Traffic Paint Pavement Marking (Words), (Arrows) and (Railroad Emblems) will be paid for at the contract price bid per each in place, which price shall be full compensation for furnishing and installing Words, Arrows and Railroad Emblems and for all labor, tools, equipment, surface preparation and incidentals necessary to complete the work. C. Work completed and accepted under the item of Pavement Marking Removal will be paid for at the contract price bid per linear foot, which price shall be full compensation for all materials, labor, tools, equipment and incidentals necessary to complete the work. Payment will be made under: Traffic Paint Pavement Marking White (_") Traffic Paint Pavement Marking Yellow (_ Traffic Paint Pavement Marking (Words) Traffic Paint Pavement Marking (Arrows) Traffic Paint Pavement Marking (Railroad Emblems) Traffic Paint Pavement Marking Removal (_ Thermoplastic Pavement Marking Removal (_ Pay Unit Linear Foot Linear Foot Each Each Each Linear Foot Linear Foot END OF SECTION 840, TRAFFIC PAINT PAVEMENT MARKINGS H -W JOB NO. WA -91-01 7 TRAFFIC PAINT PAVEMENT MARKINGS This work shall consist of adjusting manholes and valve boxes to grade. All material and construction methods shall be in accordance with these specifications and with the standards referenced herein. Modification of storm drainage structures shall be accomplished as specified in Section 501 of these specifications. v_:_Jx • �_• l� Manhole adjusting rings shall be cast iron conforming to ASTM A 48 or ductile iron conforming to ASTM A 536. Adjusting rings shall be similar and equal to the R-1979 Series manufactured by Neenah Foundry Company. The Contractor shall determine all dimensions and shall insure correct sizing of the adjusting rings. New manhole frames and covers shall conform to Section 703 of these specifications. s!ThwaaNe i3 Valve box risers shall be cast or ductile iron, and shall be similar and equal to Tyler Pipe Company Series 6850 or 6860 valve box risers. Fixed type risers shall accommodate the original valve box lids. Adjustable type risers shall be slip type or screw type similar and equal to Tyler Pipe Company Series 6855/65 or 6850/60 valve box risers. New lids shall be furnished with adjustable risers. The Contractor shall be responsible for correct sizing of risers to fit existing valve boxes and lids. Valve boxes shall conform to Section 601 of these specifications. H-11 008110. WA -91-01 01 s .; I E. PRECAST MANHOLE SECTIONS: Precast reinforced concrete manhole sections shall conform to ASTM C 478. F. CONCRETE: Concrete and reinforcement shall conform to Section 4C1 of these specifications. Concrete shall be 3000 psi, air entrained, with a maximum aggregate size of 1 1/2. Mortar shall consist of one part Portland cement to three parts concrete sand. The quantity of water used shall be only that required to produce a workable mixture. 902.04 CONSTRUCTION METHODS: Manholes and valve boxes shall be adjusted to grade using adjustment rings or by reconstruction, mod�ficatior. or replacement of the top portion of the structure as shown on the plans or directed by the Engineer. Manholes and valve boxes located in pavement areas designated tc receive an asphalt concrete overlay shall be adjusted to grade prior to start of the overlay operations. Adjustment of manholes and valve boxes in areas designated for reconstruction shall be accomplished prior to placement of pavement surfacing. Structures damaged due to negligence of the Contractor shall be repaired by the Contractor without compensation. , A. MANHOLE GRADE ADJUSTMENT: Manholes in pavement areas to be overlayed shall be adjusted to finish grade using the specified adjusting rings. Rings shall be firmly seated in the existing manhole frames. Manholes requiring grade adjustment, either raising or lowering, by alteration of the manhole structure shall be adjusted by modifying the top section of the manhole as shown on the plans. The existing manhole frames and covers shall be removed and reused. Manholes which require lowering shall be adjusted by removing brick or block courses or the top section of the manhole and reconstructing the entire top of the manhole. Manholes which require raising shall. be adjusted by the addition of precast or cast -in -place concrete grade rings, or the addition of manhole sections. Backfill and compaction. shall be as specified in other sections of these specifications. Valve boxes in pavement areas to be overlayed shall be adjusted to finish grade using the specified valve box risers. Where designated on the plane, existing valve boxes shall be removed and shall be replaced with new valve boxes and lids of the H -W JOB NO. WA -91-02 2 ADJUSTMENT OF EXISTING STRUCTURES 'Ii ttype specified. Extensions shall be used as required to obtain the specified grade. Valve boxes shall bd backfilled and compacted as specified in other sections of these specifications. Concrete ' collars shall be installed on all valve boxes located outside of pavement area. Existing valve boxes which are removed shall remain the property of the city of Fayetteville. 902.05 MEASUREMENT AND PAYMENT: ' A. MANHOLE GRADE ADJUSTMENT: Manholes adjusted to grade by the installation of adjusting rings will be measured and payment made according to the number ' acceptably placed and approved. Payment at the contract unit price per each for "Manhole Grade Adjusting Rings" will be considered full compensation for furnishing and installing the adjusting rings. ' Manholes adjusted to grade by the modification of the manhole structure, including raising or lowering of the manhole, will be ' measured and payment made according to the number acceptably completed. Payment at the contract unit price per each for "Manhole Grade Modification" will be considered full compensation for removal and replacement of the frame and cover, manhole sections, concrete and related items. New manhole frames and covers will be measured and payment ' made according to the number acceptably installed. Payment at the contract unit price per each for "Manhole Frame and Cover Replacement" will be full compensation for furnishing and installing frames and covers. B. VALVE BOX GRADE ADJUSTMENT: ' Valve boxes adjusted to grade by the installation of valve box risers will be measured and payment made according to the type and number acceptably placed and approved. Payment at the contract ' unit price per each for "Valve Box Risers" will be considered full compensation for furnishing and installing the risers. Valve boxes replaced with new units will be measured and ' payment made according to the number acceptably installed. Payment at the contract unit price per each for "Valve Box Replacement" will be considered full compensation for the valve box and lid, backfill ' and compaction, concrete collar and related items. I I END OF SECTION 902, ADJUSTMENT OF EXISTING STRUCTURES H -W JOB 210. WA -91-01 3 ADJUSTMENT OF EXISTING STRUCTURES This work shall consist of furnishing and placing riprap protection in accordance with these specifications and as shown on the plans or directed by the Engineer. A. STQNE: Stone for riprap shall be sandstone or limestone and shall be hard, sound and durable. The stones shall consist of field stone, quarry stone or crushed stone approximately rectangular in section. Tests for weight and absorption will be determined in accordance with ASTM C 97, "Tests for Absorption and Bulk Specific Gravity of Natural Building Stone'. The minimum weight shall be 140 pounds per solid cubic foot and the maximum absorption shall be 6 percent. (1) Type I Riprac: Stones shall have an average size of 30 to 50 pounds with not more than 20 percent weighing less than 20 pounds. Maximum size of stone shall be 200 pounds. (2) Type II Riprap: Stone size shall conform to the following gradation: Lighter By Weight Weight 100% 133-53 Lbs. 50% 39-27 Lbs. 15% 20- 8 Lbs. Dirt or fines less than one-half inch shall not exceed five percent by weight. c ' The filter fabric shall be a woven or unwoven synthetic fiber geotextile conforming to the requirements of AASHTO M 288. Filter fabric shall be similar to Mirafi 140 N or Dupont Typar Style 3601, or approved equal. I904.03 CONSTRUCTION REQUIREMENTS: ' Prior to placing filter fabric and riprap, the areas to be protected shall be shaped as shown on the plans. IA. FILTER FABRIC: Filter fabric shall be placed directly on the prepared surface. Fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric sections shall be joined by overlapping a HEN JOB NO. WA -91-01 1 minimum of 2' at the edges and pinning the overlapped strip with U- shaped wire pins or similar fasteners. Fasteners @hall be inserted through both strips of overlapped fabric at increments approximately 4• along the overlap. Additional pins shall be installed as necessary to prevent displacement of the fabric. Fabric shall be overlapped in the direction of water flow. The fabric shall be turned down and buried approximately 12• at the exterior limits. No construction equipment will be permitted directly on the fabric. B. R:PRAP: The riprap shall be placed in one layer of the thickness and at the location shown on the plans and as directed by the Engineer. The larger stones shall be well distributed and the finished riprap shall be free of objectionable pockets of small stones. Riprap may be placed by dumping or by machine provided proper distribution of material is achieved. Hand placing nay be required, but only to the extent necessary to secure the results specified. Placing riprap by dumping into chutes or other methods likely to cause segregation will not be permitted. Riprap stone shall not be deposited in a manner that will cause damage to the filter fabric. Any damage to fabric during placement of riprap shall be corrected by the Contractor at no cost to the Owner. Damaged fabric shall be repaired or replaced as directed by the Engineer. 904.04 MEASUREMENT AND PAYMENT: Riprap will be measured by the cubic yard or by the tan. When measured by the cubic yard, the volume to be included will be the product of the thickness multiplied by the area as shown on the plans or authorized by the Engineer. Filter fabric will be measured by the square yard; laps and turned down edges will not be measured. Payment for riprap by the cubic yard or ton, as provided in the bid form, shall be full compensation for furnishing and placing riprap, preparation of subgrade, and related work. No separate payment will be made for toe trenches, backfill or excess thickness of riprap. Payment for filter fabric at the unit price per square yard shall be full compensation for furnishing and installing fabric and fasteners and for furnishing and installing fabric and fasteners and for excavation and backfill related to fabric placement. H -W JOB N0. WA -91-01 2 RIPRAP ' I Payment will be made under: Pay Item Pay Unit Riprap Type I Cubic Yard or Ton Riprap Type iI Cubic Yard or Ton Filter Fabric Square Yard 1 1 I 1 1 1 1 END OF SECTION 904, RIPRAP 1 B -W JOB NO. WA -91-01 3 RIPRAP SECTION 905. GUARD RAIL 905.01 DESCRIPTION: ' This work shall consist of furnishing and installing guard rail in accordance with these specifications and as shown on the plans or directed by ' the Engineer. 905.02 Cam: ' All materials used in the construction of guard rails shall conform to the following requirements. A. POSTS. The Contractor has the option of selecting either steel, wood ' or concrete posts and spacer blocks. Which ever type of material is selected, however, must be used for the entire project except where otherwise noted on the plans or specified within these specifications. Wood posts shall be of the dimensions shown on the plans and shall be treated Southern Pine or Douglas Fir. The wood posts and spacer blocks shall be of No. 1 Dense SR and shall be free from knots or other defects which may materially impair their strength. The wood shall be pressure treated with Creosote or five (5) percent ' Pentachlorophenol by a standard empty cell or full cell process in accordance with AWPA practice to retain not less than eight (8) pounds per cubic foot of wood. The wood preservatives and pressure treatment processes shall conform to the applicable requirements of ' AASHTO M-133. Concrete posts shall be of reinforced concrete and shall have ' dimensions as shown on the plans. Concrete and reinforcing steel shall conform to the requirements of Section 401 of these specifications with the concrete having the minimum strength equal Ito Class A concrete. Steel posts and spacer blocks shall consist of structural shapes of the section and dimensions shown on the plans. The steel shall conform to the requirements of ASTM A36. Posts and spacer blocks shall be galvanized in accordance with ASTM A123. ' Terminal anchor posts shall consist of structural shapes as shown on the plans. Concrete for the anchor shall conform to the requirements of Section 401 of these specifications and shall be ' Class A concrete. B. GUARD RAIL: '-steel guard rails shall conform to the requirements of AASHTO 11180, Class A, Type I. The guard rails shall be straight sections or curve sections as shown on the plans. End sections shall be of H -it JOB 110. WA -91-01 1 I. ♦ N♦;• J the same class and type material used for the beams. Bolts, nuts and washers shall be galvanized and shall conform to the requirements of AASHTO 11180. 905.03 CONSTRUCTION REQUIREMENTS: 1 n The alignment and location cf the guard rails shall be as shown on the plans or as directed by the Engineer. A. SETTING POSTS: The posts shall be spaced as shown on the plans, set plumb, and with the front faces at a uniform distance from the roadway edge. The poets shall be set to the depth shown on the plane or as directed by the Engineer, and shall be thoroughly tamped into place. Backfill material shall be approved and placed in layers not to exceed six (6) inches ir. depth. The tamping shall be done in such a manner as to not shift the posts from the correct alignment. Steel posts may be driven by mechanical means. The manner of driving shall be such as to avcid damage to the posts and any posts damaged in the driving shall be removed and replaced. Any galvanized surfaces which are damaged shall be repaired by applying two coats of an approved zinc rich paint. B. GUARD RAIL: Guard rail beams shall be smooth, continuous installation connected to the posts using the shall be secured to the posts in a uniform alignment. All laps traffic. erected in a manner resulting in a The guard rail beams shall be specified fasteners. The fittings a workmanlike manner providing for shall be made in the direction of Galvanized surfaces which have beer. abraded so that the base metal is exposed, threaded portions of all fittings and fasteners and cut ends of bolts shall be protected with two coats of an approved zinc rich paint. 905.04 MEASUREMENT AND PAYMENT: Guard rail will be measured by the linear foot from center of and posts or to center of connection to masonry or steel structures. The measurement shall be made horizontally along the face of the guard rail beam. Terminal anchor posts will be measured by the unit. Payment for guard rail at the unit price per linear foot shall be full compensation for furnishing and installing rail, posts, accessories and excavation, backfill and related work. Payment for terminal anchor posts at the unit price per each shall be full compensation for furnishing and installing terminal anchor poste, accessories, concrete and related work. H -W JOB NO. WA -91-01 2 GUARD RAIL I I n L I ' No separate payment will be made for rock excavation required for setting posts or terminal anchors. ' Payment will be made under: Pay It Pay Unit ' Guard Rail Linear Foot ' Terminal Anchor Posts Each 1 i 1 ' END OF SECTION 905, GUARD RAIL H -W JOB NO. WA -91-01 3 GUARD RAIL 906.01 This item shall include furnishing and installing handrails including anchorages and appurtenances. alzu .ri' T3 i 7F�i Steel railing materials shall be welded or seamless steel pipe conforming to the requirement■ of ASTM A 120, structural steel conforming to ASTM A 36, or tubular sections of hot rolled mild steel conforming to ASTM A 501. Minimum wall thickness shall be 10 gauge. All steel railings shall be galvanized in accordance with ASTM A 123. The base metal for aluminum railing shall be ABA alloy designation 6063- T6. Pipe and tubing shall be extruded conforming to the requirements of ASTM B 429, plates and sheets shall be rolled conforming to ASTM B 209, and rods, bars or shapes shall be extruded conforming to ASTM B 221. Welding shall conform to the requirements of the AWS Structural Welding Code for steel and to the requirements of the "Specifications for Aluminum Structures" of the Aluminum Association, for aluminum alloys. All exposed welds shall be ground flush with adjacent surfaces. Shop drawings showing details and dimensions of railings shall be submitted for approval. 906.03 Handrail of the size and type shown shall be constructed in accordance with details shown on the plans and in conformance with the requirements herein. It shall be constructed to the alignment and grade designated on the plans. Shop fabricated railing shall be of such uniformity as to insure good joint■ and continuous lines after erection. Any appreciable amount of cutting, bending or filling required on erection to produce a reasonable fit shall be cause for rejection of the rail. Unless otherwise shown on the plans, rail posts shall be erected plumb, with the top rails parallel to the grade indicated on the plans or to the surface of the structure on which the rail is mounted. The method of mounting or attachment shall be in accordance with the detail shown on the plans or the approved shop drawings. At points of connection to concrete or steel, aluminum members shall be separated by a rubber pad, 1/8" minimum thickness, unless otherwise specified. Galvanized handrail on which the galvanizing has become scratched or otherwise damaged shall be repaired by painting the damaged areas with zinc oxide paint. 906.04 MEASUREMENT AND PAYMENT: The various type• of handrail will be measured by the linear foot from end to end along the face of the railing. H -it JOB NO. WA -91-01 1 The price paid per linear foot for railing in place shall include full compensation for furnishing all labor, materials, tools and equipment and nerfnreni nn All ainrlr inonl VaA in nnn of YH Pl inn 4 -ha AanA naiq a -,.....l aFa Jn wl aw.e ne iIL I