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HomeMy WebLinkAbout148-92 RESOLUTION1..y : eh I CONTRACT CITY 1 a3 zr3ox3Iw I SPECIFICATIONS AND CONTRACT DOCUMENTS I CONTRACT SECTIONS I AND II 1 I WATER TRANSMISSION LINE ' BEAVER WATER TREATMENT PLANT 1 TO FAYETTEVILLE 1 FAYETTEVILLE, ARKANSAS 1 1 PLANS NO. Fy-192 I JANUARY 1992 REVISED AUGUST 1992 1 1 1 McGOODWIN, WIWAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS I 1 1 0 1222 McGocdedn, Wane and Vasa 1 ADDENDUM NO. 1 Contract Sections 1 and 11 WATER TRANSMISSION LINE BEAVER WATER TREATMENT PLANT TO FAYETTEVILLE Fayetteville, Arkansas Plans No. Fy-192 Dated January 1992 Revised August 1992 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars. Page 51-6 - Bid: Contract Section I The estimated quantity for Bid Item No. 25, Crushed Stone Pipe Bedding Material, is hereby changed from 7,000 linear feet to 27,000 linear feet. The Bidder shall with ink strike through 7,000 and write in 27,000. Page 511-6 - Bid; Contract Section II The estimated quantity for Bid Item No. 25, Crushed Stone Pipe Bedding Material, is hereby changed from 1,000 linear feet to 5,000 linear feet. The Bidder shall with ink strike through 1,000 and write in 5,000. Pages 408-1 and 2 - Partial Payment Estimate for Water Line Construction Enclosed is a copy of revised Section 408 which shall replace the existing Section 408. The changed parts (with the exception of the example) of this section have been shown in bold. Page 461-1 - Placing Pipe Protection Cover and Compacted Backfill Under paragraph C.1, Pipe Protection Cover, in the first and second sentences, the phrase "2 inches" is hereby changed to read "3 inches' The following sentence is hereby added to the end of this same paragraph C.1. "The Contractor shall use every precaution necessary to protect the polyethylene encasement during backfilling operations? Pages 411-4 and 414-4 - Ductile Iron Pipe Section and Concrete Pipe Section Paragraph C, Water Line Construction beginning on the referred to pages, makes provisions for alignment and grade for each of the two types of allowable pipe. It is the intention of these Specifications that paragraphs C.2 be adhered to throughout the project. Provided, however, that should it be discovered during the surveying operations that a section of the pipeline will have Tess than 36 inches of cover, the grade shall be modified as necessary to provide a minimum of 36 inches of cover as provided in paragraphs C.6.a of each of these sections of Specifications. Attachment September 22, 1992 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 2 TECHNICAL SPECIFICATIONS PARTIAL PAYMENT ESTIMATE FOR WATER LINE CONSTRUCTION A. GENERAL Section 408 Partial Payment for W/L The Engineer will prepare partial payment estimates on a monthly basis. The estimate will include all work done through the second Friday of each month. Payment for material on -hand will be made for materials stored and invoices furnished to the Engineer prior to the second Friday. The procedures to be used by the Engineer in determining the amount due each month will generally be as set out below. 1. Pipeline Bid Items. The amount to be paid under pipeline bid items will be determined by converting the footage of pipe laid into an equivalent value of length of pipe for purposes of payment. This value will be the sum of percentage increments of completion of the pipeline construction. These percentage increments are: a. for all pipe laid in the trench, properly backfilled and compacted, 90 percent of the bid price; b. for all sections of the pipeline where topsoil has been replaced and cleanup is essentially completed without interruption from the beginning point of pipeline construction (final fence repair is excepted), an additional 4 percent of the bid price; c. for all sections of the pipeline that have passed specified pressure and leakage tests, an additional 2 percent of the bid price; d. for all sections of the pipeline that have been successfully sterilized as specified, an additional 2 percent of the bid price; and e. for all sections of the pipeline where final fence repair, final cleanup, seeding and mulching are completed, an additional 2 percent of the bid price. An example of this procedure for the determination of equivalent value is as follows. EXAMPLE Assume that the Contractor, during the first month of the contract, lays 4,000 linear feet of pipe under Bid Item No. 1 for which he has bid $80 per foot, complete in place. Of the 4,000 feet in place, assume that ADDENDUM NO. 1 408-1 Section 408 1 Partial Payment far WiL 1 • 1,500 feet is considered to comply with paragraph a above, • an additional 1,500 feet complies with paragraphs a and b, and ' • the remaining 500 feet complies with paragraphs a, b and c. How much can the Contractor expect to collect an this item of work? Art ' equivalent length of completed pipe would be calculated as follows by the Engineer: 1,500 L.F. @ $80 x 90% $108,000 1 1,500 L.F. 8 $80 x 94% 112,800 500 L.F. Q $80 x 96% 38.400 Total Estimated Value of Completed Work $259,200 As shown above, the estimated value of completed work is $256,000. If this figure 1 is divided by the bid price of $80 per linear foot, then the footage of pipe that will be shown on the estimate will be: ' $259,200 $80 = 3,240 linear feet of pipeline. 2. All Bid Items Except Pipeline. The amount paid under these items will be based on the estimated value of the completed work at the time of the estimate. 1 3. Estimate of Units. The estimate of units complete under each ilem will be determined as set out above. In addition, the retainage in effect at the time the estimate is prepared will be withheld 4. Payment. Payment will only be made for materials delivered and stored if said material is stored in a secured storage area in the community where the work is being performed. The Engineer will compute payment for materials stared by taking an inventory of the material on hand and applying the values per unit as shown on the invoices. Payment for all pipe material stored larger than 12 inches in diameter shall be limited to the invoice price for no more than 5,000 linear feet. Provided, however, should the Contractor choose to start a laying crew on each end of the project, then payment for pipe material stored will be increased to 5,000 feet for each crew. 1 1 END OF SECTION 1 ADDENDUM NO. 1 408-2 1 1 1 1 1 1 BEAVER WATER TREATMENT PLANT 1 TO FAYETTEVILLE 1 1 1 1 1 1 1 1 1 1 1 SPECIFICATIONS AND CONTRACT DOCUMENTS CONTRACT SECTIONS I AND II WATER TRANSMISSION LINE FAYETTEVILLE, ARKANSAS PLANS NO. Fy-192 JANUARY 1992 REVISED AUGUST 1992 McGOODWIN, WILLIAMS AND YATES, INC. CONSULTING ENGINEERS FAYETTEVILLE, ARKANSAS 0 1992 McGoodwin, Williams and Yates TABLE OF CONTENTS Section Advertisement for Bids 1 Instructions to Bidders 2 State Wage Determination 4 Contract Section 1: Bid Contract Performance Bond and Payment Bond Contract Section II: Bid Contract Performance Bond and Payment Bond Standard General Conditions of the Construction Contract Supplementary Conditions TECHNICAL SPECIFICATIONS Division 1 General Requirements 51 61 71 511 611 711 8 8 Project Requirements 100 Testing 120 Schedules, Progress Meetings and Public Notice 140 Use of Explosives 150 Storage and Handling of Materials 160 Division 2 Sitework Stone Riprap and Filter Fabric 265 Section Division 4 Pipe and Pipe Laying Clearing Rights of Way, Cutting and Repairing Fences 400 Surface Removal 401 Classification of Excavation for Construction of Water Lines 402 Water Pipe - General 406 Partial Payment Estimate for Water Line Construction 408 Ductile Iron Pipe and Ductile Iron Pipe Fittings for Water Lines 411 Polyethylene Encasement 413 Concrete -Lined Prestressed Concrete Pressure Pipe and Fittings for Water Lines (Contract Section I Only) 414 Surge Tank - 36 Inch Connection at Station 190+00 415 Gate Valves and Butterfly Valves 450 Placing Pipe Protection Cover and Compacted Backfill 461 Flushing, Hydrostatic Testing, Disinfection and Dynamic Testing of Water Lines 462 Fire Hydrants 472 Air Release and Vacuum Valve Assemblies 475 Pipeline Cleanup and Seeding 487 Arkansas State Highway Crossings and Access Road Crossings 490 Street and County Road Crossings 491 Concrete Encased Water Lines at Stream and Creek Crossings 493 Driving Surface Repair 495 Division 5 Concrete and Reinforcing Steel Concrete 503 Division 12 Payment Methods of Measurement and Payment 1200 ii ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the Board of Directors of the City of Fayetteville, Arkansas, sealed bids will be received at Room 111, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. on September 24, 1992, for furnishing all tools, materials and labor and performing the necessary work for construction of Water Transmission Line - Beaver Water Treatment Plant to Fayetteville. At this time the bids received will be publicly opened and read aloud in Room 111 of City Hall. The work generally consists of: BID NO. 92-15 Contract Section I: The installation of approximately 51,000 linear feet of 36 inch or 42 inch diameter treated water pipeline with associated valves, fittings and appurtenances, and all items set out in the Plans and Specifications for a complete installation. Contract Section II: The installation of approximately 9,000 linear feet of 36 inch diameter ductile iron treated water pipeline with associated valves, fittings and appurtenances, and all items set out in the Plans and Specifications for a complete installation. PROJECT NO. 91-5903 Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703 Copies of these documents may be obtained from the office of said engineers upon request and upon the payment of $75.00 for plans and $75 00 for specifications, a total of $150.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the Owner, City 1-1 of Fayetteville, Room 111, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Water Transmission Line - Beaver Water Treatment Plant to Fayetteville, the time for opening of bids, and the name and current contractor's license number of the bidder. Bidder shall also state whether bid is for Contract Section I or Contract Section II or both Contract Sections I and II. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The Board of Directors reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the Board. The Board further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 3rd day of September 1992 /s/ Peggy Hates Peggy Bates, Purchasing Officer 1-2 Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 ed.) have the meanings assigned to them in the General Conditions The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term 'Bidding Documents' includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, If any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit the following statement of Bidder's qualifications: STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. 2) Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 2-1 Instructions to Bidders 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion ) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? if so, where and why? 10) Ust the more Important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) Ust your major equipment available for this contract. 12) Experience In construction similar in size to this project, along with project owners and engineers. 13) Background and experience of the principal members of your organization, Including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and fumish any other Information that may be required by the Owner? Dated at this of ,19 Name of Organization: State of County of day By Titie being duly sworn deposes and says that he (she) is the of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct 2-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Subscribed and swom before me this day of 19 Instructions to Bidders Notary Public My commission expires (Seal) Each Bid must contain evidence of Bidder's qualifications to do business in the state where the project is located or covenant to obtain such qualification prior to award of the contract. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid, to a) examine the Contract Documents thoroughly, b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, c) consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work, d) study and carefully correlate Bidder's observations with the Contract Documents, and e) notify Engineer of all conflicts, errors or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports but not upon non- technical data, interpretations or opinions contained therein or for the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data contained therein upon which Bidder is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. 4.3 Information and data reflected In the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, 2-3 Instructions to Bidders and Owner does not assume responsibility for the accuracy or completeness thereof unless it la expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions conceming responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the Work Is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are Identified in the Contract Documents All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and fumishing of the Work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer In response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 2-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Instructions to Bidders 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. BID SECURITY 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount offive percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 7. CONTRACT TIME. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBSTITUTE OR "OR -EQUAL" ITEMS The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or -equal" items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer Application for acceptance of substitute or "or -equal" items will not be considered by the Engineer until after the effective date of the Contract Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the Project Requirements. 10. SUBCONTRACTORS, SUPPLIERS AND OTHERS The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided and obtained approval of such compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and bonds. 2-5 Instructions to Bidders 11. BID FORM 11.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 11.2 All blanks on the Bid Form must be completed in ink or by typewriter. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seat must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or panted below the signature. 11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 11.7 The address and telephone number for communications regarding the Bid must be shown. 12. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated In the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. if the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation BID ENCLOSED' on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. MODIFICATION AND WITHDRAWAL OF BIDS 13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 13.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 2-6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Instructions to Bidders 14. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 16. AWARD OF CONTRACT 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 16.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 60 days after the day of the Bid opening. 2-7 Instructions to Bidders 17. CONTRACT SECURITY. Paragraph 5.1 of the General Condylions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied try the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 19. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors. Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 20. LABOR LAWS The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that it he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act 21. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed In case wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. 2-8 Instructions to Bidders 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby 22. COMPLIANCE WITH ACT 125, ARKANSAS ACTS OF 1965 The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 23. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 24, COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987 The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. 2-9 ii Bill Clirta James L. Salkeld �,�r,qr Drector STATE OF ARKANSAS • ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM LITTLE ROCK, ARKANSAS 72205 (501)684.4500 • August 53 25, 1992 McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Water Treatment Line Beaver Water Plant to Fayetteville Benton & Washington Counties Dear Sirs: IIn response to your request, enclosed is Arkansas Prevailing Wage Determination Number 92-42 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. SS 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. IIf the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.SS22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. S22 -9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. S22 -9-309(a). Once the contract is awarded, please notify this office of the following: the name, mailing address and telephone number of the general contractor; the date construction is to begin; the ' anticipated completion date; and the amount of the project bid. If you have any questions please feel free to contact me at (501) 682-4533 or through fax at (501) 682-4532. Sincerely, sa • Ann Sanders Prevailing Wage Supervisor enclosure 1 4-1 I I I I I I I Li I I I I I I I I I I Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: August 25, 1992 DETERMINATION #: 92-42 PROJECT: Water Transmission Line COUNTY: Benton and Beaver Water Treatment Washington Plant to Fayetteville EXPIRATION DATE: 2-25-93 CLASSIFICATION Bricklayers Carpenters Concrete Finishers Electricians Ironworkers: Structural Reinforcing Laborers: Air Tool Operator Asphalt Heater Operator Asphalt Raker Carpenter Helper Chain Saw Operator Checker Grade Concrete Finisher Helper Concrete Joint Sealer Concrete Saw Operator Flagger Formsetter Laborer Pipelayer Powderman Vibratorman Painter Pile Driver Leadman Power Equipment Operators: Aggregate Spreader Operator Asphalt Plant Fireman Asphalt Plantdrier Operator Batch Plant Operator Bulldozer Operator: Finish Rough Bull Float Operator Concrete Curing Machine Operator Concrete Mixing Operator: Less than 5 sacks 5 sacks or more Backhoe-Rubbertired 1 yard or less Cherry Picker Operator Concrete Paver Operator Concrete Spreader Operator Crane, Derrick, Dragline, Shovel, Backhoe Operators: 1-1/2 yards or less Over 1-1/2 yards Crusher Operator Distributor Operator BASIC HOURLY RATE 7.20 7.20 7.20 8.75 6.30 5.45 5.15 5.15 5.85 5.15 5.15 5.45 5.15 5.15 5.15 4.25 5.45 4.25 5.45 6.40 5.15 6.20 6.20 5.80 4.85 4.85 5.80 6.90 5.65 5.65 5.65 5.15 6.20 6.10 6.10 6.70 6.70 6.70 7.20 5.65 5.65 4-2 Io Page 2 of 2 I I I fl I I I I a I I I I I H ARKANSAS PREVAILING WAGE DATE: August 25, 1992 PROJECT: Water Transmission Line Beaver Water Treatment Plant to Fayetteville CLASSIFICATION Drill Operator (wagon or truck) Elevating Grader Operator Euclid or like Equipment Operator (bottom or end dump) Finishing Machine Operator Forklift Operator Front End Grader Operator Front End Operator: Finish Rough Hydro Seeder Operator Mechanic Mechanic Helper Motor Patrol Operator: Finish Rough Mulching Machine Operator Oiler and Greaser Pile Driver Operator Power Broom Operator Pug Mill Operator Roller Operator (self-propelled) Scraper Operator: Finish Rough Sod Slicing Machine Operator Stabilizer Mixing Machine Operator Tractor Operator: Crawler Type Farm and Wheel Wheel Type (with attachment 1 yard or under) Trenching Machine Operator Stonemasons Truck Drivers: Distributor Truck Semi -trailer Lowboy Transmit Mix Truck Drivers (Light -less than 3000 lbs.) Truck Drivers (Heavy -more than 3000 lbs.) Well Drillers OF LABOR ON - HEAVY RATE DETERMINATION 1: 92-42 COUNTY: Benton and Washington EXPIRATION DATE: 2-25-93 BASIC HOURLY RATE 5.65 6.70 5.25 6.10 5.05 5.05 6.70 5.65 5.15 6.90 5.25 6.90 5.65 5.15 5.45 6.20 5.15 5.15 5.25 6.90 5.65 4.95 5.65 5.15 5.15 5.55 5.55 7.20 5.45 5.45 5.65 5.45 5.15 6.90 FRINGE BENEFITS Welders -receive rate prescribed for craft performing operation to which welding is incidental. CERTIFIED JULY 6, 1992 4-3 I IBID Contract Section I WATER TRANSMISSION LINE Beaver Water Treatment Plant to Fayetteville Fayetteville, Arkansas Plans No. Fy-192 Dated January 1992 Revised August 1992 Board of Directors City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number September 22, 1992 1 I and such addenda are attached to the Bid. i 51-1 I b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. Id) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. I f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham 1 Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. I 51-2 I 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for 5% of amount bid ($ ). 5. The Bidder will complete the Work for the following unit and lump sum prices: BASE BID Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount ' 1. 51,000 Linear Feet, 42" Diameter Pie Ductile Iron orcprestressed Cylinder Lined Concrete) at the Contractor's option)* installed with fittings, complete in place Seventy -Three and no/100-----------dollars ( 00)/L.F. $_3,723,000.00 (Dollar Amount Written in Words) (In Figures) (Total in Figures) 2. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. X XXXXXXXXXXXXXX I I LI I E. Li I 3. 95 Linear Feet, 6" Diameter Ductile Iron Pipe for fire hydrant installations, complete in place Twenty -Five and no/100------------- dollarS ( 25.00 K.F. 2,375.00 4. 11 Each, 42" Butterfly Valves, installed with accessories, complete in place 13,000.00 Thirteen Thousand and no/100------- dollarS( / )/Each 5. 4 Each, 36" Butterfly Valves, installed with accessories, complete in place 9,000.00 Nine Thousand and no/100 dollars ( / 1/Each 6. Lump Sum Arkansas State Highway No. 264 Crossing, including 80 linear feet of 60 inch diameter steel casing pipe, complete in place Forty Thousand and no/100----------------------dollars 'Bidder shall circle the type of pipe being bid. 143,000.00 36,000.00 40,000.00 C 51-3 I I I LI I Item Estimated No. Quantity Total Description of Item and Unit or Lump Sum Price Bid Amount 7. Lump Sum Arkansas State Highway No. 265S Crossing, including 80 linear feet of 60 inch diameter steel casing pipe, complete in place Forty Thousand and no/100-----------------------dollars 8. Lump Sum Arkansas State Highway No. 412 Crossing, including 80 linear feet of 60 inch diameter steel casing pipe, complete in place $ 40,000.00 Forty Thousand and no/100-----------------------dollars 40,000.00 9. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)OOOO( 10. Lump Sum County Road No. 553 Crossing, including T 60 linear feet of 60 inch diameter steel casing pipe, complete in place Thirty Thousand and no/100--------------------- dollars 30,000.00 11. 66 Each, 14' Gate Installation, complete in place 1 Two Hundred and no/100--------------dollars(200.00)/Each 13,200.00 12. 135 Each, Brace Post Assemblies, complete in place Seventy -Five and no/100-------------dollarS( 75.00)/Each 10,125.00 13. 17 Each, Double Brace Post Assemblies, complete in place One Hundred Thirty -Five and no/100--dollars(135,00)/Each 2,295.00 14. 66 Each, Single Post Installations, complete in place Forty -Five and no/100---------------dollars( 45.09 /Each 2.970.00 i 51-4 I 11 Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 15. 6,550 Linear Feet, New Fence Installation, 1 complete in place Two and no/100----------------------dollars ( 2.001/L.F. $ 13,100.00 j16. 6 Each, Two Type I - 4 Inch Diameter Air Release and Vacuum Valve Assemblies with 4" surge checks, piping, gate valves and manhole structure, complete in place 6,000.00 Six Thousand and no/100-------------dollars( / 1/Each 36,000.00 17. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. 1 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 1 18. 6 Each, Fire Hydrant Assembly with auxiliary valve and every other item required for a complete installation, excluding 6" pipe leads, complete in place 1,500.00 One Thousand Five Hundred and no/100dollars( / 1/Each 9,000.00 19. 350 Square Yards, Hot -Mixed, Hot -Laid Asphalt Concrete for repair of road crossings, complete in place L Twenty -Five and no/100--------------dollars( 2500')/SX. 8,750.00 20. 50 Square Yards, Concrete for Surface Repair, complete in place Forty and no/100--------------------dollars ( 40.001/S,y, 2,000.00 21. 50 Linear Feet, Nonreinforced Concrete for pipe encasement, complete in place Fifty and no/100--------------------dollars( 50.00)/L.F. 2,500.00 I 51-5 I I I I I I I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 22. 70 Linear Feet, Nonreinforced Concrete for pipe cover, complete in place Thirty -Five and no/100------------- dollars( 35'00)/L.F. $ 2,450.00 23. 500 Linear Feet, Compacted Crushed Stone Trench Backfill (full depth), for open cut road crossings, complete in place Twenty and no/100------------------dollars ( 2000u/L.F. 10, 000.00 24. 850 Cubic Yards, Crushed Stone Trench Backfill for Undercut, complete In place IOnly 01/100 ----dollars( 0.01)/C Y. I 25. 27,000 Linear Feet, Crushed Stone Pipe Bedding Material, complete in place One and no/100----------------------dollars ( 26. 2,200 Linear Feet, Compacted Crushed Stone Trench Backfill (12" depth) for construction parallel with and adjacent to gravel driving surfaces, complete in place 8.50 27,000.00 Five and no/100--------------------lJollars ( 5.00 1/L.F. 11, 000.00 27. 2,000 Tons, Crushed Stone for Temporary Road Surface and Resurfacing Gravel Farm Roads, complete in place ISix and 50/100 --dollars( 6.50 )/Ton 13, 000.00 28. 1,300 Square Yards, Bermuda Sod, complete in place Two and no/100----------------------dollars ( 2.00 )/S Y. ' 29. 2,550 Square Yards, Zoysia Sod, complete in place ITwo and no/100----------------------dollars ( 2.00 )/S Y. *Quantity changed by Addendum No. 1. 51-6 2,600.00 5,100.00 I r LI Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 30. 1,000 Square Yards, Street Reconstruction (Asphalt or Concrete), complete in place ITwenty and no/100------------------dollars( 20.001/S Y. $ 20,000.00 31. Lump Sum Connection of Existing 36" DIP Water Line at Beaver Water Treatment Plant, complete in place Fifty Thousand and no/100----------------------dollars 50,000.00 32. Lump Sum Connection to Existing Surge Tank, 1 complete in place Twenty Thousand and no/100-------------------- dollars 20,000.00. 33. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 34. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 35. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 36. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX I 37. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxx xxxxXXXXXX El F u I 51-7 I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 38. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XxxxxxxxxXXXXXXXXXXXXXXXXXXXXXX I 39. 7 Each, Concrete Thrust Anchor, complete in place 2,700.00 Two Thousand Seven Hundred and no/108ollars( / )/Each $ 18,900.00 40. 15,000 Cubic Yards, Rock Excavation IOnly 01/100 -------------------------dollars ( 0,01 )/C Y. 150.00 1 TOTAL BASE BID .............................. $ 4,334,523.50 ' DEDUCTIVE ALTERNATE (BIDDER MUST FURNISH PRICE FOR DEDUCTIVE ALTERNATE) The Owner may elect to accept the Deductive Alternate listed below. If accepted, the extension will be made by the Engineer. iDeductive Alternate No. 1 Deductive Alternate No. 1 provides for the use of 36 inch pipe and associated items in lieu of 42 inch pipe. The price furnished by the Bidder shall be the amount to be deducted from the ' original bid price (not the total amount bid, for example, for 42 inch pipe). 1. To provide 36 inch pipe in lieu of 42 inch pipe, reduce price bid for 42 inch pipe by $_11.00 per L.F. 51,000 L. F. @ $_11.00 Reduction = $ 551,000.00 4. To provide 36 inch butterfly valves in lieu of 42 inch butterfly valves, reduce price bid for 42 inch butterfly ' valves by $ 3 r 500.00 each. 11 Each® $ 3,500.00 Reduction = $ 38,500.00 II 51-8 I I I Li Li I! I I I 6. To provide 52 inch diameter steel casing pipe in lieu of 60 inch diameter steel casing pipe, reduce lump sum price bid for Highway No. 264 Crossing by $1,500.00 Lump Sum Reduction = 7. To provide 52 inch diameter steel casing pipe in lieu of 60 inch diameter steel casing pipe, reduce lump sum price bid for Highway No. 265S crossing by $_1,500.00 Lump Sum Reduction 1,500.00 $ 1,500.00 8. To provide 52 inch diameter steel casing pipe in lieu of 60 inch diameter steel casing pipe, reduce lump sum price bid for Highway 412 crossing by $ i , s n n . n n . Lump Sum Reduction $ 1,500.00 10. To provide 52 inch diameter steel casing pipe in lieu of 60 inch diameter steel casing pipe, reduce lump sum price bid for County Road 553 crossing by $ 1,000.00. Lump Sum Reduction = 1,000.00 ' Total Deduct, Deductive Alternate No. 1 .............. $ 605, 000.00 The Bidder shall leave the following recap blank. If applicable, it shall be filled in by the ' Engineer. TOTAL BID, Less Deductive Alternate No. 1 $ NOT ACCEPTED ' 5. (continued) The contract, if awarded, will be based on the lowest base bid or alternate bid accepted ' by the City of Fayetteville, Arkansas. Unit quantities are not guaranteed. Final payment will be based on actual quantities as ' measured in accordance with Section 1200, "Methods of Measurement and Payment.' Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. i 51-9 Li I I II I The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Contract Section I Water Transmission Line will be placed in operation within 270 calendar days and totally completed within 365 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. ' 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. ' 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. ISubmitted this 24th day of I I u I I September 19_92 Respectfully submitted, Companies, Inc. (Firm Name) By /s/ Montie Tripp Montie Tripp Title Executive Vice -President 1331 N. W. Vivion Road Kansas City, Missouri 64118 (Business Address & Zip Code) ' Arkansas License No. 92-2138 ' (Seal, if bid is by corporation.) Attest: /s/ Stephen M. McCandless Stephen M. McCandless Corp. Secretary I IJ 51-10 Li I I I C INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Subcontractor Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1 NONE 1 2. 3. ' 4. 5. ' 6. _ i Note: Attach additional sheets if required. H I NAMED EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder shall indicate below which Supplier the Bidder intends to use to furnish under the Bid, each item of equipment or material listed on this form by writing in one of the named suppliers specified in the Technical Specifications for that equipment or material. (Proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form but will only be considered after award of the Contract.) If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all of the requirements and technical ' criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Eauipment/Material Supplier ' Ductile Iron Pipe American Prestressed Concrete Cylinder Pipe Price Brothers (if applicable) Fire Hydrants Mueller Butterfly Valves Pratt Air Release & Vacuum Valves Apco Gate Valves Mueller Precast Manholes for Air Release & Vacuum Valves Hardwall Concrete Beaver Lake Concrete ' Aggregate Base Course, Class 6 Crushed Stone McClinton -Anchor Company I L I 51-12 I IBID Contract Section II WATER TRANSMISSION LINE Beaver Water Treatment Plant to Fayetteville Fayetteville, Arkansas '• Plans No. Fy-192 Dated January 1992 Revised August 1992 ' Board of Directors City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 To the Board of Directors: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter Into an ' agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms ' and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within ten days after the date of Owner's 'Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, 'that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number September 22, 1992 1 I and such addenda are attached to the Bid. I 511-1 I ' b) Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any ' manner may affect cost, progress, performance or furnishing of the Work. c) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the ' extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. Id) Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in c above) which pertain Ito the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract ' Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, ' reports or similar information or data are or will be required by Bidder for such purposes. e) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect to said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. ' f) Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed ' person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 1 511-2 I 1 4. I The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for 5% of amount bid 5. The Bidder will complete the Work for the following unit and lump sum prices: ' Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXX 2. 8,800 Linear Feet, 36" Diameter Ductile Iron Pipe (Standard Pressure Class 250 psi), installed with fittings, complete in place Seventy -Seven and 60/100 ------------dollars ( 77.60 )/L.F. $ 682,880.00 ' Dollar Amount Written in Words) In Figures) (Total in Figures) 3. 25 Linear Feet, 6" Diameter Ductile Iron Pipe for fire hydrant installations, complete in place ' Twenty -Five and no/100------------- dollars ( 25.00 )/L F 625.00 4. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. I XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXxxxxxXXXXXX ' 5. 8 Each, 36" Butterfly Valves, installed with accessories, complete in place 9,000.00 ' Nine Thousand and no/100----------- dollars ( / )/Each 72,000.00 6. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. ' XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX I ' 511-3 Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 7. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXX)O(XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 8. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. 1 XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)OOO(XXXXXXXXXXXXXXXXXXXXXXXX 9. Lump Sum Arkansas State Highway No. 265 Crossing, including 125 linear feet of 52 inch diameter steel casing pipe, complete in place Fifty -Five Thousand and no/100------------------dollars $ 55,000.00 10. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX 11. 4 Each, 14' Gate Installation, complete in place Two Hundred and no/100--------------dollars( 200.001/Each 800.00 12. 15 Each, Brace Post Assemblies, complete in place ' Seventy -Five and no/100-------------dollars( 75.00)/Each 1,125.00 L Ii I 13. 3 Each, Double Brace Post Assemblies, complete in place One Hundred Thirty -Five and no/100--dollars ( 135.001 /Each 14. 4 Each, Single Post Installations, complete in place Forty -Five and no/100---------------dollars ( 45.001/Each 405.00 180.00 I 511-4 I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 15. 1,450 Linear Feet, New Fence Installation, complete in place Two and no/100 -dollars( 2.00 )/L.F. 2,900.00 ' 16. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. 17. 2 Each, Type II - 4 Inch Diameter Air Release ' and Vacuum Valve Assembly with 4" surge check, piping, gate valve and manhole structure, complete in place 3,500.00 Three Thousand Five Hundred and no/l0&llars( / )/Each 7,000.00 ' 18. 3 Each, Fire Hydrant Assembly with auxiliary valve and every other item required for a complete installation, excluding 6" pipe leads, ' complete in place 1,500.00 One Thousand Five Hundred and no/100dollarS( / 1/Each 4,500.00 I19. 200 Square Yards, Hot -Mixed, Hot -Laid Asphalt Concrete for repair of road crossings, complete in place Twenty -Five and no/100-------------- dollars ( 25.00 )/S.Y. 5,000.00 20. 2,000 Square Yards, Concrete for Surface Repair, complete in place Twenty -Five and no/100-------------- dollars ( 25.00 1/S.Y. 50, 000.00 21. 150 Linear Feet, Nonreinforced Concrete for 'pipe encasement, complete in place Fifty and no/100 dollars ( 50.00 1/L F 7,500.00 I I I 511-5 I Item Estimated Total ' No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 22. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. 23. 700 Linear Feet, Compacted Crushed Stone Trench Backfill (full depth), for open cut road crossings, complete in place Twenty and no/100-------------------dollars ( 2000')/L.F. $ 14,000.00 24. 150 Cubic Yards, Crushed Stone Trench Backfill ' for Undercut, complete in place Only 01/100----------- ------dollars ( 0.01 )/C,Y 1.50 25. *5,000 Linear Feet, Crushed Stone Pipe Bedding Material, complete in place One and no/100-------------------------dollars( 1.00')/L F 5,000.00 26. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXX ' 27. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)00(XXXXXXXXXXXXX 28. 200 Square Yards, Bermuda Sod, complete in place Two and no/100----------------------dollars ( 2.00)/S.Y. 400.00 ' 29. 450 Square Yards, Zoysia Sod, complete in place ' Two and no/100----------------------dollars( 2.00)/S.Y. 900.00 ' *Quantity changed by Addendum No. 1. ' 511-6 I Item Estimated Total ' No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 30. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXX 31. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 32. THIS BID ITEM NOT USED ON THIS CONTRACT SECTION. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX)XX 33. Lump Sum Tie to Existing 36" DIP Water Line at Station 509+80 (Joyce Street), complete in place Forty -Five Thousand and no/100------------------ 45,000.00 ' dollars $ 34. Lump Sum Tie to Existing 12" Water Line at Station 518+70, complete in place Three Thousand and no/100---- ---dollars 3,000.00 35. Lump Sum Tie to Existing 8" Water Line at Station 541+55, complete in place Two Thousand Five Hundred and no/100-----------dollars 2,500.00 36. Lump Sum Tie to Existing 6" Water Line at Station 549+10 '(Old Missouri Road), complete in place I I Two Thousand and no/100------------------------dollars 37. Lump Sum Tie to Existing 8" Water Line at Station 565+80, complete in place Two Thousand and no/100------------------------dollars 2,000.00 2,000.00 1 511-7 I I I 38. Lump Sum Tie to Existing 16" Water Line at Station 596+85, ' (Front Street), complete in place Twenty -Two Thousand and no/100----------------- dollars $ 22.000.00 ' 39. 8 Each, Concrete Thrust Anchor, complete in place 2,700.00 Two Thousand Seven Hundred and no/108ollars( / )/Each 21,600.00 40. 2,000 Cubic Yards, Rock Excavation only 01/100 -------------------------dollars( 0101)/C.Y, 20.00 Item Estimated No. Quantity Total Description of Item and Unit or Lump Sum Price Bid Amount ' TOTAL BID ....................... $ 1,008,336.50 ' ******NOTE: See Bid Price Adjustment on the Following Page.********** 5. (continued) IThe contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville, Arkansas. Unit quantities are not guaranteed. Final payment will be based on actual quantities as measured in accordance with Section 1200, "Methods of Measurement and Payment Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. IThe Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Contract Section II: Water Transmission Line will be placed in operation within 180 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work on time. ' 511-8 I ' 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. I I I I I I I I H I I I I I 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 9. By initialing one of the two options set out below, the Bidder stipulates that this Bid under this Contract Section shall: a. MT Be considered a responsive Bid without regard to the amount bid under Contract Section I, if any. b. Be considered a responsive Bid only under the condition that the Bidder is awarded Contract Section I of this project. Submitted this 24th day of September t9 92 Garney Companies, Inc. offers a $20,000 deduction from the total bid price on Contract Section II, provided Garney Companies is awarded both Contract Sections I and II. Summary: Total Bid as Reflected on Previous Page....$1,008,336.50 Deduct if Awarded Both Contract Sections......... 20,000.00 Contract Section II Adjusted Bid.....$ 988,336.50 (Seal, if bid is by corporation.) Attest: /s/ Stephen M. McCandless Stephen M. McCandless Corporation Secretary Respectfully submitted, Garney Companies, Inc. (Firm Name) By /s/ Montie Tripp Montie Tripp Executive Vice -President 1331 N. W. Vivion Road Kansas City, Missouri 64118 (Business Address & Zip Code) 92-2138 Arkansas License No. ' 511-9 I H INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: The Bidder shall list below the name and the location of the place of business of each ' subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or ' improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Subcontractor Percent License of Total Work to be Performed Number Contract Subcontractor's Name & Address 1 None 1 4. 1 5. 6. 7. Note: Attach additional sheets if required. NAMED EQUIPMENT/MATERIAL SUPPLIER LIST: I The Bidder shall indicate below which Supplier the Bidder Intends to use to furnish under the Bid, each item of equipment or material listed on this form by writing in one of the named suppliers specified In the Technical Specifications for that equipment or material. (Proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form but will only be considered after award of the Contract.) If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all of the requirements and technical i criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words "and/or" will not be permitted. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Equipment/Material Supplier ' Ductile Iron Pipe American Fire Hydrants Mueller Butterfly Valves Pratt Air Release & Vacuum Valves Apco Gate Valves Mueller Precast Manholes for Air Release & Vacuum Valves Hardwall Concrete Beaver Lake Concrete Aggregate Base Course, Class 6 Crushed Stone McClinton -Anchor Company I I I 1 H I L I Li [; CQNTRACT Contract Sections I and II State of Arkansas County of Washington THIS AGREEMENT, made and entered into this day of 19 92, by and between the City of Fayetteville, County Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Garney Companies, Inc. , of the City of Kansas City, Missouri , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for Contract Sections I and II: Water • Transmission Line - Beaver Water Treatment Plant to Fayetteville, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and ' WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best bidder for the construction of said Water Transmission Line; NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Contract Sections I and II: Water transmission line construction, including all items ' as set out in the Contract Section I Bid and the Contract Section II Bid, these Specifications and Plans No. Fy-192 dated January 1992 and revised August 1992, including all work required for a complete and acceptable installation, for the unit and lump sum prices bid in Contract Section I in the amount of $4,334,523.50 and Contract Section II in the amount of $988,336.50, all of which become and are a part of this contract, the total sum being Five Million Three Hundred Twenty -Two Thousand Eight Hundred Sixty andno ----------------- ----------------------------- dollars ($5,322,860 . o d, such sum being the agreed amount upon which bonds and ' liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories ' and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. Contract Section I: The Contractor agrees to commence work under this contract within 'ten days of the issuance of the Notice to Proceed and place the work into operation ' 6-1 I I II L I I I I 1 I I I I I I I I within two hundred seventy (270) calendar days thereafter, and totally complete all work within three hundred sixty-five (365) calendar days. Contract Section II: The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and complete all work within one hundred eighty (180) calendar days from the date of the issuance of the Notice to Proceed. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, if any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the contract within the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages, the sum of five hundred dollars ($500.00) per day for each calendar day of delay in completion of each Contract Section, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled only to the Final Estimate less such amounts of liquidated damages. If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. 1 6-2 No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to ' continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, In which event the Owner shall not be liable to the Contractor for any work ' theretofore performed hereunder, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should the surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as Its own expense and maintain an action against the Contractor and the surety hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount 1 provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of ' the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and 1 seals, respectively. GARNEY COMPANIES, INC. ' Firm Name ' .✓ Montie Tripp, Ex. Vi e -President Stephen M. MoCandles6 Corp. Secretary Witnesses' *If corporation, secretary should attest. CITY OF FAYETTEVILLE, ARKANSAS 1 Attest: — /)/I l/ Fred orsanger, Mayor harry L. T mas, City Clerk 1 11 L 1 6-3 ,1 Bond No. 3043 2596 ' PERFORMANCE BOND Contract Sections I and II KNOW ALL MEN BY THESE PRESENTS: That we (1) Garney Companies, Inc. corporation a (2) hereinafter called "Principal" and (3) Fidelity and Deposit Company of Maryland ' of Baltimore , State of Maryland , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum tof Five Million Three Hundred Twenty -Two Thousand Eight Hundred Sixty and no/100------------------------------------------------ ' dollars ($_5.322.860.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. ' THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the - 0. day ofi.t.Zsn+c a copy of which is hereto attached and made a part tSereof for the 'construction of: Contract Sections I and II: Water Transmission Line - Beaver Water Treatment Plant to Fayetteville; Fayetteville, Arkansas; Plans No. Fy-1 92. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, ' all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands t incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full ' force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates ' and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive ' notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. ' PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 1 7-1 This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) un erp each one of which shall be deemed as original, this the 3 O.tc day of 1990t ' _ Attest: Garney Companies, Inc. Principal (Pd pal) Secretary By // -4 - (Seal) Seal Stephen M. MCCandleSs Montie Tripp Corp. Secretary . Ex. Vice-Pres. 1331 N. W. Vivion Road Kansas City, Missouri 64118 Witness as to Principal Address ' Address Attest: FIDELITY ADD DEPOSIT COMPANY OF MARYLAND Surety N/A (Surety) Secretary By (Seal) A y -in -Fact 2lAl A /rrey C/0 Rebsamen Insurance Company 1500 Riverfront Dr. Little Rook, AR 72202 Witness as Surety Address ' 1500 Riverfront Dr. Little Rock, AR 72202 Address ' NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. ' (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work Is to be performed prior to the start of construction. ' 7-2 ri Bond No. 3043 2596 I I I 1 I I I I I L1 Li I I I H C PAYMENT BOND Contract Sections I and II KNOW ALL MEN BY THESE PRESENTS: That we (1) Garnet/ Companies, Inc. a (2) corporation hereinafter called "Principal" and (3) FIDELITY AND DEPOSIT COMPANY OF MARYLAND of Baltimore tate oMaryland , ereina called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum S Five Million Three Hundred T'.ron+v_Tcan Tl.n„cenA n4..Ai v.... a.-. n .ainall LA iIV/1U V------ -__-_--___ dollars (�. 5 , 322 , 860.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the 3 &zZ day of 191a._, a copy of which is hereto attached and made a part ereof for the construction of: Contract Sections I and II: Water Transmission Line - Beaver Water Treatment Plant to Fayetteville; Fayetteville, Arkansas; Plans No. Fy-192. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor inthe prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 7-3 J • PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section • 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) c unterparts, each • one of which shall be deemed as original, this the °, ° day of 1992 . Attest: Garney Companies, Inc. •Art;� //% Principal (Prin 'pal) Secretary ��✓ g z f ' � - -�, � (Seal) Stephen M. McCandless y Montle Tripp, Ex. ire-Pres. Corp. Secretary 1331 N. W. Vivion Road Kansas City, Missouri 64118 Witness as to Principal Address I Address Attest: FIDELITY AND DEPOSIT COMPANY OF MARYLAND I Secretary C/O Rebsamen Insurance 1500 Riverfront Dr., Li Witness as Surety Address 1500 Riverf t Dr. I Little Rock, AR 72202 Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 1 7-4 ray AR 72202 I J I I I H I I I I I I I I I Li I Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, AO KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR. ,Vice -President, and C. W. ROBBINS Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the B -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full forapd effect o date hereof, does hereby nominate, constitute and appoint Charles H. Harper, Linda Frey, lyn A o y, Dale E. Temple, John Gerety and Tracy Tucker, all of Little Rock, nsas, ....... . ........ its nue and agent and Attorney -in -Fact, to make, execute, any and all bonds and undertakings...... its behalf as surety, and as its act and deed: .................. ee etch bonds or undertakings in pursua °8f these pr, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had my exec and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in the' proper g4iso This power of attorney revokes that issued on behalf of Charles H. Ha etal,K€ed, March 1, 1991. The said Assistant Secretary does hereby certift4t the extrA forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, now in i IN WITNESS WHEREOF, the said Vice -P and Ais4sjM Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND D IT CNY OF MARYLAND, this 13th day of August A.D. 1992 �Zv •0,. FIDELITY AND EIT COMPANY OF MARYLAND ATTEST: `SEAL) OO ____.._._ y______�__—____ f_.. _____.......__..__.._ Assistant Secrehry Vice- deaf STATE OF MARYLAND CITY OF BALTIMORE On this 13th day of August , A.D. 19 92, before the subscriber, a Notary Public of the State of Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. a aoTaar LYN D. JONES DEG � ►uatuoJ Notary Public Commieeioa Expires ay 1, 1993 ��oaa,r► CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TES PONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of 19. (� 164 -2 56 7 �Asri tsnt Secretary I I. EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND " Arlicle VI, Section 2 The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially aulhorvrd so to do by the Board of Directors or by the Executive Committee, shall have power. by and with the amcurrencc of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, .Assistant Vice Presidents and Attorneys- n -Fact as the business of the Company may require, or to authorise any person or persons to execute on benalf of the Company any bonds, undertakings, recogniaances. stipulations. policies, contracts, agreements, deed%, and releases and assignments of judgements, decrees. mortgages and insiruments in the nature of mortgages.. and to affix the seal of the Company therein" I El I I I I H I I I I I I I 1 iCg This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. STANDARD '1 GENERAL CONDITIONS OFTHE' CONSTRUCTION CONTRACT I Prepared by IEngineers' Joint Contract Documents Committee and Issued and Published Jointly By I r[ I V tice division of the ' PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE NATIONAL SOCIETY cOF PROFESSIONAL ENGINEERS ' AMERICAN CONSULTING ENGINEERS COUNCIL IAMERICAN SOCIETY OF CIVIL ENGINEERS ' CONSTRUCTION SPECIFICATIONS INSTITUTE ' This document has been approved and endorsed by wv ' The Associated General °A c � Contractors of America ' These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2, 1983 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, 1981 edition. For ' guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple- m entary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12, 1983 edition) may be used. 1 No. 1910-8 (1983 Edition) j U I I L I I L L L I I I i O1983 National Society orProfessianai Engineers 2029 K Street, N.W., Washington, O.C. 20006 American Consultirg Engineers Council 1015 I5:h Street, N.W., Washington, D.C. 20005 American Society of Civil Eng:neers 345 East 47th Street. New York, NY 10017 Constriction Specifications institute 601 Madison Sc., A:cxandria. VA 22314 I Li I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS ' Article Number Title Page I DEFINITIONS...................................................... 7 ' 2 PRELIMINARY MATTERS ........................................ 8 • 3 CONTRACT DOCUMENTS: • INTENT, AMENDING AND REUSE.............................. 9 4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS .............................................. I0 1 5 BONDS AND INSURAN......... CE ........... I I .................... 6 CONTRACTOR'S RESPONSIBILITIES a ............................ 14 7 OTHER WORK.....................................................18 ' 8 OWNER'S RESPONSIBILITIES .................................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK ......................................... 21 11 CHANGE O19 CONTRACT PRICE ................................ a. 21 12 CHANGE OF CONTRACT TIME ................................... 24 I. 13 WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................... 24 ' 14 PAYMENTS TO CONTRACTOR AND COMPLETION 26 IS SUSPENSION OF WORK AND TERMINATION .................. 29 ' 16 ARBITRATION..................................................... 31 17 MISCELLANEOUS................................................. 32 I. 1 3 INDEX TO GENERAL CONDITIONS Article or Para; raph ,Nran her Acceptance of Insurance ............................. 5 13 Access to the Work .................................. 13.2 Addendadefinitionof (see defirition of Specifications).............6.......................... I Agreement-4efirition of ................................ I All Risk Insurance ..................................... 5.6 Amendment. Wnllen ............................. 1, 3.1.1 Application for Pa%mem—def.niuon of I .................. Application for Payment, Final ...................... 14.12 Application for Progress Payment .......14.2 Application for Progress Payment —review of .... 14.4.14.7 Arbitration.............................................16 Authorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4.1 Award, Notice of —defined 1 .............................. Before Slarting Construction .. ................... 2.5-2.7 Bid—a'efinition of ....................................... I Bonds and insurance —in general ........................ 5 Bonds—.jefinition of ....................... ............. I Bonds. Delivery of ............................... 2.1,5.1 Bonds, Performance and Other ......................l-5.2 Cash Allowances .............. ...................... 11 S Change Order—dcfinnion of ............................. I Change Orders —to be executed ...................... 10.4 Changes in the Work...................................J0 Claims, Waiverof—en Final Payment ............... 14.16 Clarifications and Interpretations .................. 9.4 Cleaning ........................ . ... . 6.17 Completion ............................................. 14 Completion. Substantial ......................... 14.8-14.9 Conference, Precons:ruction .......................... 2.8 Conflict. Error, Discrepancy —Contractor toReport ...................................... 2.5, 3.3 Construction Machinery. Equipment, etc . ............. 6.4 Continuing Work ................... 6.29 Contract Documents —amending and supplementing .................................. 3.4-3.5 Contract Documents—dcfni:ion of ......................I Contract Documents —Intent ......................3.1-3.3 Contract Documents —Reuse of ....................... 3.6 Contract Price, Change of .............................. 11 Contract Price —definition 1 ............................... Contract Time. Change of .............................. 12 Contract lime. Commencement of 2.3 .................... Contract Time—defirition of ...........................I Ccntracior—dchmrton of I ...............................I Con:racior May Soup Work or Terminate s Con:ractor's Cuntnuing Oh igaiion .................. 14.15 Ccn:racior s Doty Co Report Discrepancy in Docan:cnis 4444..........., 2.5 3.2 Contractor's Fee —Cost Plus . 11.4.5.6. . 11.5 I. 11.6-11.7 Coot racto:'c Lrab lit% Insurance 5.3 ...................... Contractor's Respornihihties—en gerer3l ................ 6 Contractor's 1Varnnty of Title ........................ 14.3 Contractors—other ......................................7 Contractual Liability Insurance .........................5.4 Coordinating Contrac or—c1c!initLon of ................ 7.4 Coordination 7.4 .......................................... Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ...4444.... 13.11 Correction Period. One Year ........................ 13.12 Correction, Removal or Acceptance of Defective Work—in general ...........4 ............... 13.11-13.14 Cost —net decrease 11.6.2 ..........4......4............... Cost of Work .................................... 11.4.11.5 Costs. Supplemental ...4....444 ..................... 11.4,5 Day—cefinttion of .............. I ........................ De4(ecrive—definition of.................................I Defective Work, Acceptance of ...................... 13.13 Defective 1Vork, Corrector. or Removal of .......... 13.1 1 Defective Work—in general ............... 13, 14.7. 14.11 Defective Work. Rejecting ...4.....44........4......... 9.6 Definitions 1 .............................................. Delivery of Bonds ........ Determination for Unit Prices ....4.4 .............44.. 9.10 ❑isputes, Decisions by Engineer ................9.11-9.12 Documents, Copies of ................................. 2.2 Documents, Record..................................6.19 Documents, Reuse....................................3.6 Drawings—.ccfmuon of.................................I Easements ............................................ 4.1 Efrective date of Agreement —definition of ..... Emergencies .......................44......4.4....... ......... 6.22 Engineer —definition of .................................. 1 Engineer's Decisions ............................ 9.10-9.12 Engineer's —Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ...... 14,4, 14,13 Engineer's Responsibilities, Limitations on .................................. 6.6. 9.11, 9.13.9.16 Engineer's Status During Construction —in general ...... 9 Equipment, Labor. Materials and .................. 6.3-6.6 Equivalent Materials and Equipment .................. 6.7 Explorations of physical conditions .,........4........ 4.2 Fee, Contractor's —Costs Plus ........................ 11.6 Field Order —definition of ............................... Field Order —issued by Engineer ................1.5.1.9.5 Final Applicaiion for Payment ......14.12 F:nalInspection..................................... 14.11 I' .nal Payment and Acceptance ...................... 14,13 Final Payment. Recommendation of 14.13.1 14 .4. 4, 4..... General Provisions ........ .. 17.3-17.4 .................... General Requirements—defimno, of ..................... 1 Genera: Requirements- principal references to ................. 2.6, 4.4, 6A, 6.6.6,7, 6.23 I I. I. 1 Giving Notice ........................................ 17.1 Guarantee of Work —by Contractor ................... 13.1 Indemnification ............................. Inspection, Final 6.30-6.32, 7.5 ........... ..................... Inspection, Tests and 14.11 ................................. Insurance, Bonds and 13.3 —in general ....................... 5 Insurance, Certificates of .............. . .......... Insurance .. 2.7, 5 --completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... Insurance, Contractual Liability 5.3 ....................... Insurance, Owner's Liability 5.4 ..................... Insurance, Property .... 5.5 ........ ..... ............... Insurance —Waiver of Rights 5.6-5.13 ........................ Intent of Contract Documents 5.11 ................... Interpretations and Clarifications 3.3, 9.14 ...................... Investigations of physical conditions 9.4 ................... 4.2 Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations -definition of ..................... I Laws and Regulations -general ....................... 6.14 Liability Insurance -Contractor's ..................... 5.3 Liability Insurance -Owner's ......................... 5.5 Liens -definitions of ................................ 14.2 Limitations on Engineer's Responsibilities ..................... 6.6, 9.11, 9.13-9.16 Materials and equipment -furnished by Contractor .... 6.3 Materials and equipment -not incorporated in Work .............................. 14.2 Materials or equipment ---equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi -prime contracts...................................7 Notice, Giving of ........17.1 ............. Notice of Acceptability of Project ................... 14.13 Notice of Award -definition of .......................... 1 Notice to Proceed -definition of .............. Notice to Proceed -giving of .......................... 2.3 ,.Or -Equal" Items ..................................... Other contractors 6.7 ....................................... Otherwork .............................................. Overtime Work -prohibition of 7 ........................ Owner -definition of 6.3 .................................... Owner May Correct Defective Work ................. Owner May Stop Work 13.14 .............................. Owner May Suspend Work, Terminate 13.10 .......... 15.1-15.4 Owner's Duty to Execute Change Orders ............. Owner's Liability Insurance 11.8 ........................... Owner's Representative -Engineer to 5.5 serve as ........ 9.1 Owner's Responsibilities -in general .................... 8 Owner's Separate Representative at site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilization -definition of .........................I I Partial Utilization -Property Insurance ............... 5.15 Patent Fees and Royalties ............................ 6.12 Payments, Recommendation of ...........14.4-14.7. 14.13 Payments to Contractor -in general .................... 14 Payments to Contractor -when due ........... 14.4, 14.13 Payments to Contractor -withholding ................ Performance and other Bonds 14.7 .....................5.1-5.2 Permits............................................... Physical Conditions 6.13 ................................... Physical Conditions -Engineer's review 4.2 ............. Physical Conditions -existing structures 4.2.4 ............. 4.2.2 Physical Conditions -explorations and reports ....... Physical Conditions -possible document change 4.2.1 ..... 4.2.5 Physical Conditions -price and time adjustments .... 4.2.5 Physical Conditions -report of differing ............. Physical Conditions -Underground Facilities 4.2.3 .......... Preconstruction Conference 4.3 ........................... Preliminary Matters 2.8 ..................................... Premises, Use of 2 ................................ Price, Change of Contract 6.16-6.18 ............................. Price -Contract -definition of II ............................ Progress Payment, Applications for ................... Progress Payment-retainage 14.2 .................4....... Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 14.2 15.2.6 Project -definition of .................................... Project Representation -provision for ................. Project Representative, Resident -definition of 9.3 1 .......... Project, Starting the ................................... Property Insurance 2.4 ............................... Property Insurance —Partial Utilization 5.6.5.13 ............... Property Insurance —Receipt and Application 5.15 ofProceeds ................................... 5.12-5.13 Protection, Safety and ........................... 6.20-6.21 Punchlist ...........................................14.11 Recommendation of Payment .................. 14.4, 14.13 RecordDocuments ................................... 6.19 Reference Points ......................................4.4 Regulations, Laws and ............................... 6.14 Rejecting Defective Work ............................. Related Work at Site 9.6 ..............•............... Remedies Not Exclusive 7.1-7.3 .....................17.4 Removal or Correction of Defective Work ........... • 13.11 Resident Project Representative —definition of ........... I Resident Project Representative —provision for ........ 9.3 Responsibilities, Contractor's —in general 6 ............... Responsibilities, Engineer's —in general 9 ................. Responsibilities, Owner's —in general .................... Retainage 8 ................14.2 Reuseof Documents .................................. Rightsof Way.........................................4.! 3.5 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................ 6.20-6.21 Samples ......................................... 6.23-6._8 Schedule of progress ........ 2.6, '_.8-2.9, 6.6 .6 29, 15• '6 Schedule of Shop Drawing submissions ...................... 2.6, 2.8-2.9, 6.23, 14.1 Schedule of values 2.6, 2.8-2.9, 14.1 Schedules. Finalizing ..................................2.9 Shop Drawings and Samples ..................... 6.23-6_ 28 Shop Drawings —definition of ............................ Shop Drawings, use to approve substitutions......................................673 Site. Visits to —by Engineer ........................... 9.2 Specifications —definition of I ............................. Starting Construction, Before ...................... 2.5_I 8 Starting the Project .................................... 2.4 Stopping Work —by Contractor ....................... 15.5 Stopping Work —by Owner .......................... 13.10 Subcontractor —definition of I ...................... Subcontractors —in general ....................... .. 6.8.6.11 Subcontracts —required provisions ............ 5.11.1. 6.11 11.4.3 Substantial Complelion-_certification of .............. 14.8 Substantial Complelion—definition of .................... I Substitute or "Or -Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ................................. 11.4,5 Supplementary Conditions --definition of ................ Supplementary Conditions —principal references to .. 2.2, 4.2, 5.1. 5.3, 5 6-5.8, 6.3, 6.13. 6.23. 7.4.9.3 Supplementing Contract Documents ............... 3.4.3.5 Supplier —definition of..... ................... ...........I Supplier—pnncipal references to ... 3.6.65.6.7-69. 6.20. 6.24. 9.13, 9.16, 11.8, 13.4, 14.12 Surety -consent to payment .................. 14.12, 14.14 Surety —Engineer has no duty to ..................... 9,13 Surety —notice to .......................... 10. 1, 10.5, 15.2 Surety —qualification of ........................... 5,1-5.2 Suspending Work, by Owner ...................... 15.1 Suspension of Work and Termination—tn general ....... 15 Superintendent—Cortractor's ......................... 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes —Payment by Contractor ....................... 6.15 Terrnination--by Contractor..........................15.5 Termination —by Owner .........................15.2-15.4 Termination. Suspension of Work and —in general ...... 15 Tests and Inspections ......................... 13.3-13.7 Time. Change of Contract .............................. 12 Time. Computation of .......................... 17. Time. Contract—de.cmtion of ............................I Uncovering Work ............... ............ .. 13.8-13.1 Underground Facilities —definition of ................... Underground Facdiues_roc shown or indicated .... Underground Facilities—prolectwn of ...........4.3.621 Underground Facilities —shown or indicated ......... 4.3.1 Unit-Pnce Work —.definition of .......................... Unit Price Work —general ..................1.9, 14.1, I4.5 Unit Prices.........................................11.3.11 Unit Prices, Detcrmina:tons for ....................... 9.I Use of Premises.................................6.l6-6.i Utility owners .......................... 6.13. 6.20. 7,:7.4 Values, Schedule of ......................... 2.6. 2.9, 14.1 Variations in Work—Authonzed ... ... .. 6'5, 6 7, 9.5 Visits to Site —by Engineer ............... 21 Waiver of Claims —on Final Payment ................24.16 Waiver of Rights by insured patties .............5.10. 6.1 l Warranty and Guarantee —by Contractor .............13.11 Warranty of Tille, Contractor's ....................... 14.3 Work, Access to.....................................13.2 Work —by others ........................................ 7' Work Continuing During Disputes .................... 6.29 Work, Cost of...................................11.4-11.5 Work —definition of ..................................... I, Work Direclive Change--definiticn of ................... 1 Work Directive Change —principal references to ...................... ..... 3.4.3.0.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work, Steppirg by Contractor ........................ 15.5 ' Work, Stopping by Owner ....................... 15.1-15.4 Written Amendment—definiticn of ...................... I Written Amendment—princ:pal references to ......... ........... 3.4.1. 10.1. 11.2, 12.1 ' I I I I 6 1 I GENERAL CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application for Payment —The form accepted by ENGI- NEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed -form setting forth the prices for the Work to be performed. Bonds —Bid, performance and payment bonds and other instruments of security. Change Order —A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract Documents —The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the,provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time —The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. Effective Date of 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. ENGINEER —The person, firm or corporation named as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements —Sections of Division I of the Speci- fications. Laws and Regulations; Laws or Regulations —Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER —The public body or authority, corporation, asso- ciation, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization —Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representatit•e—The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings —All drawings. diagrams, illustrations. schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment forsome portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subeaneracior—An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Canrpferion—The Work Cora specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete. 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 there be no such certificate issued. when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleled" as applied to any Work refer Co Substantial Comple- Son thereof. Supplementary Conditions —The part of the Contract Docu- rents which amends or supplements these General Condi• lions. Supplirr—A manufacturer, fabricator, supplier, distebuto., materiolman or vendor. UndergroundFact7iries—All pipe:ires, conduits, ducts, cables, wires, manholes. vaults, tanks, tunnels or oihersuch facilities or attachments, and any encasements containing such facj- ities which have been installed underground to furnish any of the following services or materials: electricity, gases. steam. liquid petroleum products. telephone or other cemmurica- lions, cable television, sewage and drainage re nowt, traffic or other control systems or water. Unit Price Work—Wo:k to he paid for on the basis of unit prices. Work-- T he erlire corrpleted construction or tie various ,e,^.- arately tdenufiable pmts thereof required to tie Turn: hLJ under tl.c Cuntrac; ❑ucuments. Work is the rewL• of rc:. formine service,, furni,hirg acor and furni,hinu and inch:- raratirg .-natcria s and cuui.ment into the con,:ruc:iur.. a.l as requred by the Contract Docun•enis. Work Drrectir( CGruree—A snritten direcLive to CON rR %C- 'fOR. issued on or after the Effective Doc of the Agreement and signeu by t)WNER and recommended by ENGINEER, ordering an addition. de.ction or revision in the Work, or responding so differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract Time• but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the ~antes as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A wntlen amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal• ing with the nonengineenng or nontechnical rather than strictly Work -related aspects of the Contract Documents. (Additions; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliser to OWNER such Bonds as CONTRACTOR may be required so furnish in accordance with paragrapn 5.1. Copies of Documents: 2.2. OWNER shall furnish to CON T RACTCR up Co ten copies (unless otherwise specified in the Supplementary Cen- dilions) of the Contract Documents as arc reasonably nec- essary for :he execution of the Work. Additional copies will be furnished, upon request, a: the cost of reproduction. CAcdition; SC -2.2) Commencement of Contract Time; A'otire to Proceed.' 2.3. The Contrzct Time will commerce to run on the thirtieth day after the Effective Dare 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 to given at any time within thirty days after the Effective Dale of she Agree- ment. In no e,ent will the Contract Time commence to run later than the sesenty-lflh day after the day of Bid opening or the thirtieth day after the Effective D..ie of the Agreement, whicheverdate is earlier. Starting tore Project: ''-A. CONTtACI OR ,lull ,fart to perform the \\ o;k on the due Mien tic l'cntr. ct , no cummcnce, to run. but no Work ,hi II be .;ore ci the snc rani iu :'te ::ate on wIi.ch the Ccntr..c! T me ccirmercc, In run. flefore Stanrne f_-on4trucnoir 2 5. 9.fu-e Linde:i:.ki rig euh p.i ri of the \Work. ('OV- TRACTOR ,hail carel;ilh stud\- and compere the Contract Documents Lind check and verify perurent hpures 'ho,sn I H thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby; however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions; and • 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER, certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4 . dW 9tiY�F iM /�ef!per/JbIV9) f��Wlr9VF�$►fi VoV14M ofle,trQ��/9fPPt'f °tfl ep},bp,99 9i,WTh f // � p/fl (SC4'�� ti// Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals orcodes of any technical society, organization orassociation, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication. shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER, or any of their consultants, agents or employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGI- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. IL during the performance of the Work. CONTRAC- TOR finds a conflict, error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in wnting at once and before proceeding with the Work alIccted thereby shall obtain a written interpretation or clarification I from ENGINEER, however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), Si 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). As indicated in paragraphs 11.2 avid 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addi:ion. the requirements of the Contract Docu- ments nay he sepp:emesited, and minorvariacons and devia- tions in the Work may be aulhorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop D, -awing or sample (pursuant 10 paragraphs 6.26 and 6.27). or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supp;ier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docu- ments (or copies of any thereof) prepared by or hearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and speciF.c writlen verificat,on or adaptation by ENGINEER. ARTICLE- 4 —AVAILABILITY OF LANDS: I'}I\ S[CAI CONDI I IONS. REFERENCE 1'OIN ) S A railabiury of Lauds: 4 1. OWNER shul: furnish, as indicated in the Contract Documents. the lands upon which tie Work is io he per- formed. rights -of -way and easements ter access thereto. and such other Lards which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR belies es that any delay in O\VNER's furnishing these lards, rights -el -way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction faci:ities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations anc tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports, but not upon nontechnical data. interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediate:y preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full respcnsibility with respect to subsurface conditions at the site. (Addition; SC -4.2.1) 4.2.2. Existing StrucrhRe5: Reference is made to the Supplementary Condaions for identi5cation of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facthues referred to in paragraph 4.3) which are at or contiguous to the site :hut have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- ness thereof for CON'I RACTOR's purposes. Except as indicated in the immediately prececing sentence and in paragraph 4.2.6. CONTRACTOR shall have full respon- sibility with respect to phystca: conditions in or re:anng to such structures. 4 2.3. Report of Dr„ rering Co'rdirions. If CONTRAC- TOR believes that: 4.2,3.1. any technical data on which CONTRAC- TOR :s en:'led :o rely as provided in paragraphs 4.2,1 anti 4,2 2 ;s inaccurate, or 1.2.3 2. any ph 'ical condition uncovered or revealed at tae site defers materially from that indi- caicd. rcilcucd ci refcrrcu to in :he Contract Docu- ments, CONTRACTOR 'halt. pronp:.v oiler becoming aware theieal ana hcfore performing any Work in conncctron thercwuh (except m ❑n emcreercv as r ermined by para- graph 622), notify OWNER and ENGINEER in "riling about the inaccuracy or difference. I I I I I I I I I. I I 10 I. I H I I I I I Ii I I 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con- clusions. • 4.2.5. Possible Document Change: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles II and 12. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and. 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5 —BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Corn - panics Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of I the Project is located or it ceases to nicer the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is lobe performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: (Addition; SC -5.3) 5.3, 1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts: 5.3.2. Claims for damages because of bod.lv ir.jurv, ocet.pational sickness or disease, or death of CONTRAC. TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person ether than CONTRACTOR's employees; 5.3.4. Claims for damages insured by perscnal tn,ury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related :o the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than :o the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom: 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily ;njury er death of any person or for damage to property: and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out cf:ne ownership, maintenance or use of any motor'ch:cle. The insurance required by this aaracntah 5.3 ,null irclLJC tae specific coverages and be sinners for not less Ih..n the imus of liabllily ,rrd cc'erges rruvldea in the SL rrlcmcfl. :ary t'.:nditijns. or required by aw. nhlc haver I, crcnter The ccmn-chemive eeneral 't..bt:lty m,ul,ir.c soul. n,W.r Gump cccd arcr allunS Iu,uranec. All cf me puuct's ul Insur- ance sr recuucd to he purc^a,ct ird -n.uat..IncJ lur ;'te ectt licLles or tither evidence tncrecfl eh.ul cura:un .I trust. Sinn or endorsement that the cuvcruee Jtfo-dcd ¼,d. 9ui 'c canceled, ma:cuully chanced or renessul rcl used unl.l JI least thirty daysprior wntten notice nas been given to OR'NER and ENGINEER by certified mail. All such insurance shall remain in effect until fina; payment and a: all limes thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition. CONTRACTOR shaC maintain such completed operations insurance for at least twoyears afterfiral payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year :aereafter. Contractual Liability insurance: 5.4. The comprehensive general Lability insurance required by paragraph 5.3 will include centraclual liability insurance applicable to CONTRACTOR's obi igairons under paragraphs 6.30 and 6.31. Owner's Liabdit, insurance: a_ acement; c 5 �/S! /,b'v�lt.{;�t(f Va1V d1Ge>¢tEflp �'tl jl;6r �/cf,�f ri� /a/Id �;l�f�fif�/ONN[;'a�hJbril�JH�U:I/l�at4ridd /adHJh.,! Sai\7'YVWA/9YOd/1o/fl•I9r 7'/ WtA+hfa(�AV4WVillrlrl VV 1PfrF pf°PYy l"ic4NV,y9>t 9bPfl ropem• Insurance: (Repl acements; SC -5.6; SC -5.7) .6. Unless otherwise provided in the Supplement Co itioub. OWNER shall purchase and maintain prop nv inst.i ce upon the Work at the site to the full insurabic aloe thereo. (subject to such dedicnble amounts as may/c pro - iced in ,c Supplementary Canditicns or requi:e v Las's and Recd nand. This insurance shall include :e interests ofO\VNER CONTRACTOR. Sub;ontractars NGINEER and ENGINE R'sconsulrantsinthe\lork, 0fsshomshall be listed as ins eds or aadi:ional insured p, ties. sh.a.l insure against the per, of lire and extended overact and shall incluue ..a;l risk' insurance for physl al loss and damage including theft, van'alism and malic us mischief, collapse and water damage. a such ether rils as may be provided in the Supplamentary C ncltions..nd sha.l ;nclude damages, losses and evpenses ansiii auto' or resulting from anv insured loss or incurred in the rep ir r replacement of any insured properly (including bul no .roiled :o fees and charges of engineers. architects, :.tit rte s and other professionals). If not catered under the " d risk insurance or oilwrwne pro- vide.: in the Su, plemc art Ccnd.. an. CONTR:ICTOR,hall purchase and it t similar prep • is Insurance nn portions oft he \Vnr k storer nn and utf: he %.I nr in n.irsi: "hen Stich port tins ,,I the t I: k ..li to rc incl.IJc u' an A; rho-ttin for I'aynuni .`.'. O\ ♦ E2 sh:dl rurhnsc :'nd 1;.unl.,ucn h,+ller.tnd m.tvhnrr mir.mca o: ,,d.uton.d pol•nv a'ir.incc a, n,.y ru rat' red -v the St prIenenun ('s:nJitien or I emu, .trJ V,�:ed i)ns ',rich ul I rat u„c '.1c ImeresI, + U\\NER. ,hm,u:cd Ur:id. It canal . nsurcd rJrUe, I LJ 1 I I P1 ' (Replacement; SC -5.8) All the policies of insurance (or the certificates such waiver forms are required of any Subcontractor, other e ce thereo0 required to be purchase main- CONTRACTOR will obtain the same. tamed by O in accordance with phs 5.6 and (Replacements; 5.7 will contain a prov or en meet that the coverage SC- 5.12; SC -5.13; afforded will not be canc aterially changed or renewal Receipt and Application of Proceeds: SC -5.14) refused until at irty days' pn tten notice has been 2. Any insured loss under the policies of insura e given TRACTOR by certified mat d will contain requi d by paragraphs 5.6 and 5.7 will be adjuste with ver provisions in accordance with paragraph . 2. OWNE and made payable to OWNER as truste or the insureds, their interests may appear, subject tot e require- '• 5.9. OWNER shall not be responsible for purchasing and ments of an pplicable mortgage clause and paragraph maintaining any property insurance to protect the interests 5.13. OWNER all deposit in a separate acc nt any money of CONTRACTOR, Subcontractors or others in the Work to so received, and all distribute it in acc dance with such fl the extent of any deductible amounts that are provided in the agreement as the p Id in interest m reach. If no other ' Supplementary Conditions. The risk of loss within the special agreement is r ched the d aged Work shall be deductible amount, will be borne by CONTRACTOR, Sub- repaired or replaced. th money so received applied on contractor or others suffering any such loss and if any ofthem account thereof and the W a the cost thereof covered wishes property insurance coverage within the limits of such by an appropriate Change Or or Written Amendment. ' amounts, each may purchase and maintain it at the purchas- er's own expense. 5.13. OWNER as tru ee shall ve power to adjust and (Replacement; SC -5.10) settle any loss with th nsurers unles one of the parties in I10. If CONTRACTOR requests in writing that r interest shall object' writing within fi en days after the sped i rance be included in the property i nce pol- occurrence of los to OWNER's exercise f this power. If icy, OWNS .if possible, include insurance, and such objection made. OWNER as trustee all make set - the cost thereof will rged t TRACTOR by appro- tlement with e insurers in accordance with sue agreement priate Change Order or mendment. Prior to corn- as the part' s in interest may reach. If required in ting by mencement of th rk at the site. ER shall in writing any pa in interest. OWNER as trustee shall, u n the advise C ACTOR whether or not suc er insurance occu nce of an insured loss, give bond for the proper er- en procured by OWNER, for ance of such duties. ' Waiver of Rights: Acceptance of Insurance: 5.11.1. OWNER and CONTRACTOR waive all rights . 4. IfO1VNERhas any objection tothe coverage affor against each other for all losses and damages caused by by or her provisions of the insurance required to be ur- any of the perils covered by the policies of insurance chased a maintained by CONTRACTOR in acc dance provided in response to paragraphs 5.6 and 5.7 and any with paragr hs 5.3 and 5.4 on the basis of its not mplying other property insurance applicable to the Work, and also with the Cont ct Documents. OWNER shall otify CON - waive all such rights against the Subcontractors, ENGI- TRACTOR in w ing thereof within ten day of the date of NEER, ENGINEER'S consultants and all other parties delivery of such ce ficates to OWNER i accordance with named as insureds in such policies for losses and damages paragraph 2.7. If COL RACTOR has y objection to the so caused. As required by paragraph 6.11, each subcon- coverage afforded by or ther prov ons of the policies of tract between CONTRACTOR and a Subcontractor will insurance required tobe ased d maintained by OWNER contain similar waiver provisions by the Subcontractor in in accordance with paragrap .6 and 5.7 on the basis of ' favor of OWNER, CONTRACTOR, ENGINEER. ENGI- their not complying with th ntract Documents. CON- NEER'sconsultants and all other parties named as insureds. TR/informatiin shall notify O ER in riling thereof within ten None of the above waivers shall extend to the rights that dadate of de ' ery of such ertificates to CON - any of the insured parties may have to the proceeds of TRin accord cc with paragrap 2.7. OWNER and ' insurance held by OWNER as trustee or otherwise pay- COTOR s all each provide to the ther such addi- able under any policy so issued. tional mati in respect of insurance pro •'ded by eachas r y reasonably request. Failure by WNER or 5.11.2. OWNER and CONTRACTOR intend that any COOR to give any such notice of objecti within policies provided in response to paragraphs 5.6 and 5.7 theovided shall constitute acceptance of such sur- shall protect all of the parties insured and provide primary anased by the other as complying with the Corn ct coverage for all losses and damages caused by the perils Do. covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of Portia! Utilization —Property Insurance: recovery against any of the parties named as insureds or 5.15. If OWNER finds it necessary to occupy or use a additional insureds, and if the insurers require separate portion or portions of the Work prior to Substantial Comple- waiver forms to be signed by ENGINEER or ENGI- tion of all the Work, such use or occupancy may be accom- NEER's consultant OWNER will obtain the same, and if plished in accordance with paragraph 14.10; provided that no ' 13 I such use or occupancy shalt commence before the insurers providing the properly insurance have acknowledged notice thereof and in writing effected the changes in cove rage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies, but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. methed,technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep or, the Work at all times during its progress a competent resident super.nterdent, who sha'I not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The supenntendent will he CONTRACTOR's representative at the site and shat; have authority to act on behalf of CON- TRACTOR. All communicalio-is giver, to the superintendent shall be as binding as if gisen to CONTRACTOR. Labor, ,ffaleriais and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out :he Work and per- form construction as requited by the Contract Documents. CONTRACTOR shall at all times mair.Iain good discipline and order at the site. Except in connection wnh 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 performance of 11ork on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten consen: given:uter prior written nonce to iiNG:NFER. 6.4. Unless o:hens rase specifed in the Ccne ral Require- mc,ls. CONTRACT OR shall furnnh unit a„uric iul, •espon- siiil tv for all mate Hall, equ, pine nt, lator. I rar spururt.on, co-istiuclion egLipment and machinery, tco appliances, fLel. power.'ight. heat. (cleplone. waler, sar.naly racl Iles, temporary facilities and all other facitit.es and inc.demals necc•sary tar the furnishing, performance, testing. swrt-Lp and comp e::on of :he Work. 6.5. All materials and equipment snail he of good qua!iiy and new, except as otherwise provided is the Con:;act Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and qualify of materials and equipment. All materials and equipment shall be applied, installed, con- nected. erected, used. cleared and cor,d.tioned in accordance with the inslrucllons of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such inst:ucuons will be effective to assign to ENGINEER, or any of EN'GINEER'sconsultants, agents or employees, any duly or aulhonty to sunen'ise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedale: 6.6. CONTRACTOR shall submit Io ENGINEER for acceptance (Co the extent inalcated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments; these will conform generally to tie progress schedule then .n effect and acdrtionally will comply with any provisions of the Genera! Requirements applicable thereto. Substitutes or "Or-Fquaf" items: 6.'.1. Whenever materials or ecuipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a parlicuiar Supplier the naming of the item is intended :o establish the type. function and quality required. Unless the name is followed by words incicaung that no substitution is perrr.itted, materials orequipmeni olother Suppliers may be accepted by ENGINEER if sufficient informaran is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER wid include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone ocher than CONTRACTOR. 1ICON. wishes to furnish or use a subsrlute item of materal or equipment. CONTRACTOR shall make writ ten application to ENGINEER for acceprance thereof. certifying that the proposed substitute will perform ade- quate.y the functions and achieve the results called for by the general design, he similar and of equal su+stance to that s,^eci1ee :.nJ he suiX'd to the same use as that spec. i led. rhe app] icuio-i will stare that :hc c valuation and iccertunce of Ili proroscd sLbstiwte will not prejLdice CC\;RACJOR', acnic%cmerit of S.ihstar.ual Cuirplc. lion or. ii ire, whether or rot aece phincc niche surstiii.te .far use er the 1s'ot K ¼' ii i cgLire a chi rice •n .Inv of the Contract Doc uric tits tar in the pros is.ans of ans ni her di-ect ccn:rzct wilh OWNFR for work on the Prolcc❑ to :.dap: the ;'csirn to the proposed suhstituic and whether or not rlicorpomtion or use Orthe suh. itute in crneecnon with the Work is suh,ect to payment of any license fee or I I r] I I I 1 1 1 I I I Ii I I I I 14 I L I LJ I I I 1 1 I I I I L] 1 I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER, if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. - 6.7.3. ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability, and no substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2), whether initially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right ofOWNER W N ER or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors, Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the pertitr- mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge of OWNER II 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royally to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims inconnection with any alleged infringement of such rights. Perini#: 6.13. Unless otherwise provided in the Supplementary Conditions. CON -TRACTOR 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 con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment tees. lows and Regulations: 6.14.1. CONTRACTOR shall give an notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- crwise expressly required by appllcab a Laws and Rego- lations, neither OWNER nor ENGINEER shat: be respon- sib:e for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specif. cations or Drawings are at variance with any I.aws or Regulations. CONTRACTOR sha!I give ENGINEER prompt wnnen notice thereof, and any reces ary chances will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or hating reason to know that it is contrary to such Laws or Regulations, and without such notice to ENGINEER. CONTRACTOR shall hear all casts arising lhercfrom: haweser. it shall not be (ONTRACTOR's pn- niary respon.ihl iIv to m.lke certain that the Spccdtcatmns and Dran ings arc ir. accordance with sxh ltaw+ and Realallons. Tarts• h.l e. CONTRACTOR sha I pay all sides, consumer, usc and other slmdar tales regLired to he pu:d by CON TRAC- TOR in accordance wr.h the Laws and Regulauans of the place of the Project which are applicable during the perfor- mance of the Work. I Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights - of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shad assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shad promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the ful:est extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages. losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and coon and arbitration costs) arising directly, indirectly or cor.sequentia:ly oil of any action. legal or equi- lable, b. -ought by any such ether party agatr.st OWNER or ENGINEER to the extent based or. a claim arisirg out of CON7 RACTOR's performance of the Work. 6.17. During :he progress of the stork. CONTRACTOR shall keep the ;remises free from accumulations of waste materials, rubbish and other deers resulting from the Work. Al the completion or the Work CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. app iances. construction equip- ment and machinery, and surplus materias. and shall leave the site clean and ready for occupancy by OWNER. CON- TR %CTOR sha'I restore to ongiral cordition all preparty not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shat: not load ncr permit any part ofany structure to be loaded in any marnerthal will endanger the structure, nor ,hull CONTRACTOR suhjccl any part of the Work or aLiacenl property to stresses or pressures that will endanger it. Record Doca,nrrrtr: 6.19 CONTRACTOR sh.l:l m,ur.l..in in a ,life pll,ce at the silt one tccdrd copy of all D uu logs. Spcc iticati,sn,. AJJcrd.l. Wnnen A ne-idmcris. Ch.tipe O-Jrr,. R„rk D reel l,c ( Mange,. 1"ic J Hideo art wi i:ten nicr rtci atons and clarHicac . ns I,,sLcd pur+Ilan) to p.Ir;t r..ph. Y 41 in cool crdcr and ,innol;l:eJ ;o ,how ;dl ch.lrcc, made Jan, con- strLc:ion ILe,e:ccurd.i' umerlsu+:ethe-ur;h.,.l;lrprused samples and a cocnlerrart of ;,II unrroscc Sion Drawm will be uvJLahle to ENGINEER for reference. Cron core - I I I I I I I I I I I I I I 16 I I I I LJ I 1 I I H I I II I I I I I pletion of the Work, these record documents, samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, road- ways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the pro- tection, removal, relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. (Addition; Shop Drawings and Samples: Sc -6. 23) 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material, Supplier. pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria. installation requirements. materials, catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and. in addition, shall cause a specific notation to be made on 1 17 each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason. able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documerts and shall not extend to means. methods, techniques, sequences or procedures of construction (except where a specific means. method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such wi:1 not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the comeclions called for by ENGINEER an previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not rekeve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents un;ess CONTRACTOR has in writing called ENGINEER's altenlion to eacn such ,acation al the time of suhmssion as required by paragraph 6.25.2 and ENGINEER has Rion wrnlen approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions is the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sarnp!c is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approval of the pe:linent submission will be the sole expense and responsihi:iiy of CONTRACTOR. Continuing the {Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during afl disputes or disagreements with OWNER. No Work shall be dela} ed or postpored pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in %%ritirg. indemnification: 6.30. To the fullest eaten: perm::cd h} Laws and Regu- lations CONTRACTOR ,nail indemnity and hold harm e,s OWNER and LNG:NEER;.nd their con,ul:anh. agen:s and emrlo,ees from and agarst zll claims, damaec,, losses and expenses. direct. indnec: or consequenual l mclad.ne but not limned Feces and charges of eagmcers. a:ch:rec:s. alto'. ney and other protes,iona.s and cuurl anti arsitrat on cosh) ans- ing out of or resuitirg from the performance of the Work. provided that any such c:a;m. damage. Loss or excense (a) is attributable to bodily injury, sickness. d,sease or death. or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor. any person or organization directly or ind:rectl} employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law' and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall nor 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 or other person or organization under workers' or workmen's compensalion aces, disability benefit acts or other employee'eenc facts. I I I I1 I 6?2. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants. agents or employees ansir.g out of the preparation or approval of maps. drawings. opinions, reports, surveys, Charge Orders, designs or specifications. ARTICLE 7 —OTHER WORK Re fared Work at She: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by util•1vownersorle:otherdirect contracts therefor which shall contain General Cordi::ons similar to these. If the fact that such other work is to be performed was nor noted in the Contract Documents. written nonce (hereof will be given to CONTRACTOR prior to starling any such other work; and, if CONTRACTOR believes that such perfor- mance w ill involve additional expense to CONTRACTOR or requires additioral tame and the parries are unable 10 agree as to :he extent thereof. CONTRACTOR may make a claim therefor as pro'ie.ed in Articles II :.nd ' 2. 7.2. CON'TRAC:OR ,hall .ilTord ccIi t.uhls owner and other contractor tvhn i a party :o rich a direct contract 1 or Olt \ER, if OW NER is perlormin_ Ilie additional work wii ON \ ER's cmrluveesI rroper and safe access to the site .trd o rea,on,s le oppci:an:n' for the irn.nlacrion and sior.icc of mctc•tals and equ'pmen! and the exccu:.on of such worx. and sh:.11 r roper )}• conrec: otnd cuurotnate the Win s w it theirs. CONTRACTOR sh:.11 do ad cuttmc. htttnc and p.u:hinc of the W'a-k that may he required to m..ke its ses'eral parts come toge:her ,properly and integrate with Bach other work. CON - I I I 1 I I 18 11 I. I. I 1 1 I I. TRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there arc comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site, the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. (Addition; SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES 1 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. ' 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ' ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they arc due as provided in paragraphs 14.4 and 1.1.13. 8.4. OWNER's duties in respect of providing lands and easements and providing encmeermg surveys to establish reference points arc set forth in paragraphs 4.1 and 4.4. Para- , graph 4.2 refers to O\VNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing strut- , 19 tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 815// bYDQ, IdfgAItIVrfi Vt1eAAVJNJ9ilgfkfi19fiAf1 >i �Ad9�f�t�ifd9'�>�A�>'dd�'drbl5dd�Jif6drAdd%fd dvtAdrlK 15AiaE1M,/td3bbNv4�A(69! (SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9—ENGINEER-S•STATUS DURING CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 92. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine, in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will he directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the \Work. Project Representation: (Addition; see SC -9.3) 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the \Tork. The duties. responsibilities and limitations of aut horny of any such Resident Project Representative and assistants w dl he as provided in the Supplementary Conditions. If O\WNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties. responsibilities and limitations of authority of such other person will he as provided in the Supplementary Conditions. I I Clarifications and interpnfarions: 9.4. ENGINEER will issue with reasonable promptness such written c!arifications or inlerprctalions of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shaJ be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable Co agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article ii or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the panics are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article ii or 12. Rejecting Defective Work: 9.6. ENGINEER will have authoriry to disapprove or reject Work which ENGINEER believes to be defective, and will also have authenty in regcire special inspection 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.'. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10. 11 and :2. 9.9. In connection with ENGINEER's respons:bi;ides in respect of Applications for Payment, etc.. see Article 14. Determinations for Uirii Prices: 9.10 ENGINEER w1.1 dctermine the uctual quantities and t.lassdicatians of Unit Price w'cik prrlorrrcd by CON. TRACTOR. ENGINEER is II icvtew sulh CCN rR.\CTOR ENt.;VEER s preliminary Jcici nin:.uu-ts ur such maticN hefo•c rcndermg wit, ten acciston tf:ereo`1 Ihy reconlneem djti.'n of tin Application for Paymcr.t or other" isei I:N(11 NU.R's s,ntlen dccis.uns thereon will he final and hinting upon t1WNFR and CONTRACTOR. unless. with.n ten doss after the date of «nv such uecaion. cipher UWNER or CON- IR4CTOR s;clIvers to the other party to the Agreement and to ENGINEER written notice of inccn:ior. Co appeal from such a decision. I 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 othermatters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furr.ishingof the Work and claims under Articles I1 and 12 in respect of changes in the Contract Price or Contract Time will be referred inilialty to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, disp:ite and ocher matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data wi:l he submi::ed to ENGINEER and the other party within sixty days after such occurrence unless ENGiNEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will nor show par- tiality to OWNER or CONTRACTOR and will nor be hatle in connection with any tnterpretat.on Cr decision rendered in good faith In such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute er other matter (except any which have been waived by the making or acceptance of final pay- ment as prov:ded :n paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights orremedies as either may otherise have under the Contract Documents or by Laws or Regulations in respect of any such claim. d:spute or other matter. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's a iihonry to act urder this Article 9 or elsewhere in :he Contract Documents nor any decisionmade by ENGINEER ingood faith either to exercise or not exercise such authority shall gise rise to any duly or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor. any Supplier. orarvoihcr rerson crorgantration pertcrm.ng any of the 14 ork. or Co any sure rer any ol't hem. 9 14 Wnenever in Me Contract Ducurnants the terms "as Orcr'cd ". "as Juccict". •.as reLutrci". ...Is allowed , "as appruvcd' ur terms of Idc rllcci or mlro:t ase .ned. ur the .. as,lectn cs iaasu nitrite' . "sunar!c ;cccpuddc . "rrnper .' or "aitisf ac wryOr adtcctllcs of like etfcct or in'hiI ,' c used to desct heu regatrcmcrt dvc lion, res icw or it demc•ii of I NGI\I ER us CO :e 11'or;, it is intended that suet, requtremer.i. direction, renew o: 1adentent a J1 Lc snick :o ev:dut:c the Work for cocrp:utnc. uch the Contr.xt Doc'u. nienh (ur lc', there :' i sree ifc si,, cment Indic at: ie „ther- %'set. I he use of any such term or jd ec:isc ,null not he I I L 1 I I I I I I 11 I 20 I u I I U I I I I I I I] I I I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON- TRACTOR's means, methods, techniques, sequences or pro- cedures of construction, or the safety precautions and pro- grams incident thereto, and ENGINEER will not be respon- sible for CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work; these will be authorized by a Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor asrprovided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of delrrrive Work under paragraph 13.13 or correcting deli wive Work under paragraph 13.14. or are agreed to by the parties: 1 10.4.2. chances in the Contract Price or Contract Time which are agreed to by the parties: and 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRAC- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I1 —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will he valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusive). 1 I 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and Iii) plus a CONTRACTOR's Fee for overhead and prod (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall 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 foremp:o)ees in the direct employ of CONTRACTOR in the performance of the Work under schedules of -ob classifications agreed upon by OWNER and CONTRACTOR. 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 he limned to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment, excise and payrol: taxes, workers' or wornn-,en's compensation.. health and retirement benefits. bonuses. sick leave, vacation and hol- iday pay applicab.'e thereto. Such employees shall include superintendents and foremen at the site. The experes of performing Work after regular working hours, on Sang - day. Sunday or legal holidays, shall be included ;n the above to the extent authomed by OWNER. 11.4.2. Cost of alt materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith..Alt cash d:scounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all renrrns from sale of surplus materials and equipment shat: accrue to OWNER, and CONTRACTOR shall make ,provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Sahcociracto:s. If requ.rcd by OWN ER, CON I RACTOR ,hall obra n competitive bids from Su!:cuniraciors accentab,c to CON- TRACTOR and shall deliver such bids Co OWNER who w ill then determine, with the advice of ENGINEER. "Itch hut, "ill be accepted. If a subcontract pro, ides chat the Suhconrr.ctor s to he pad on the ha,is of Cost of the Work Plus a Pee, the SJbcontrac:or's Cost of the \Lo -k shill he determined in the sane manner as CON-: RAC. TO R's Cost or the Work. All subcontracts snail he subject n' 1 to the other provisions of the Cent-oci Documents insofar as applicable. 11.4.4. Costs of special consultant Iincludinp but not limited Co engineers. architects. testing lann-atnnes. sur- veyors. attorneys and accoun:arsrs) employed for services specifically related to the Work. - 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary Iran•Aorta- t lion. travel and subsistence exaenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work, 11.4.1.2. Cost. including transportation and main- tenance. of all materials. supplies. equipmenl. mach:n- cry. appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost less market value of such gems used but not consumed which remain :he property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pars thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER nigh the advice of ENGINEER, and the costs of transportation, loading, unloading, instziatior., da.mantling and removal thereof —all in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or pans shall cease w hen the use thereof is no longer necessary for the Work. I1. .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 Char, uegli- gencc of CONTRACTOR. any Subcontractor or any- one direct:v or indirectly employed by any of :hem or for"h,:se aces an) of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or nthenvlse, to the Work or otherwise sustained by CONTRACTOR in connection with the nenurmance and furnishing of the Wn:k :except lo,%cs and d.irnaees "ti'in (IC deducn`le amount, of property insurance e%i;,hlnhcd by OWNER in accordance wl:h rarograph 5.9!. r ro- sided the) h.:ve resullcd lien causes onw•r than the rca ipcncc of CON :'RACTOR. .inv Subcontractor. or anyone Uircctt, or indirectly cmrlaved ty tiny Ill Ihcn or :''r whu,c acts any of :'hem may he liable. Si.cn 'ossc, shall include seLCcmcros nude with :ac wrinen consent and Jppro, al of OWNIi H. No such losses. damages and e\per.scs shal. be me tided m the Cost of the W'e r, for the purpose tit determining CON I RAC - TOR', Fee. If, however, any such loss or damage I I I I I El I I I fl L I I I Li L requires reconstruction and CONTRACTOR 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 sanitary facilities at the site. 11.4.5.8. Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partner- ship and sole proprietorships), general managers, engi- neers, architects, estimators, attorneys, auditors, accoun- tants. purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4.4. all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any pan of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. including but not limited to. the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's Fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5; 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.4, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to he dchv. ered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling on the site, labor, installation costs, overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the I 23 I allowances. No demand for additional payment on account of any thereof 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 correspond- ingly adjusted. 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 wit: be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work limes the estimated quantity of each item as indi- cated 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 quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to he adequate to cover CONTRACTOR's over:iead and prat l for each sep- ararely identified item. FhQ. Where the quantity of any item of Unit Pric Work p rmed by CONTRACTOR differs mat' :y and sigmlica from the estimated quantity ` cn item indicated in the ement and there is corresponding adjustment with respe to any o item of Work and if CONTRACTOR belie' at CONTRACTOR nas incurred additional :Ise result (hereof, CON- TRACTOR ma • . ake a claim for a increase in the Con- Iracl Pric ' accordance with Article l ' the parties are un lu agree as to the amount of any sucn crease. (Replacement; $C-11.9.3) ARTICLE 12 —CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an exter,sicn or shortening of the Contract Time shall be based on sv:itten no:.ce delivered by :he party making die claim to the tither pai:y and Co ENGINEER promptly i:u: inns even: laser than shiny days! after the occurrence of the es en: pm' rig :tie to the claim and sici mp the gene -al nawre of rite : Laiii. NwILc cf the extent of:hc cl:.im w ilh sa ppo-u np data ,hall re • err,] ss thin 'Ivty days ;ii icr sue^ occurrence w-it;s, ENGI• NPE.R allows an addi:iun,t. period tir lime to ;t,cca:nn retire accur.ite dala in s.tppiirt or the cicuri .ird sh.i I h; _ccrm- paned in :te clatriant's fl r i(en stale menu '':ii :tic adIL•l mcnt tlaimcd is the entire adtusrinenl lo ss .mch the cla.m:mt r esson iu hehes e it n eon:ed as a result of toe olo: rence ill sat.: event All clLims to: u.au,tment v. the Cent 'ucI Time shall be determined by ENGINEER in accordance with para- graph 9.1 I if O W N ER and CONTRACTOR cannot otherwise agree. No claim for an adjustmew in :he Contract'Time will. be valid if not su!:moted in acco:cance with the requirements of This paragraph 12.1. 12.2. The Contract Time will h.c extended in an amount equal to time lost due to delays beyond the contro. of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be :irnited to. acts or neglect by OWNER or others performing additional work as contemplated by .Article 7. cr to tees, floods, labor disputes, epidemics, atnurrnal weather conditions or acts of God. 12.3. Al: time limits stated it.. the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of eng;neers, archilects. attorneys and other professionals and court and arbitration costs; for delay by either party. ARTICLE 13 —WARRANT Y .AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF CcFECTIVh WORK R'arranA and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that ah Work wi.l he in aeco.- darce wit•i the Contract Documents aid will not he defective. Prompt notice of all defects shall be go en to CONTRAC- TOR. All defective Work, whe:her or rot in place, may be rejected. corrected or acceded as pros ided in tan Article 13. Access to Work: 13.2. ENGINEER and E\GINFER's representatives, other representatives of O\\ N ER. lesling agencies and gov- ernmental agcnc.es w nh junsdictiontd interests will has a access to the Work at reasonable times fu: theirobsenaii)n. inspecr.ng and lcsting. CONTRACTOR shall pruside pruper :and safe conditions for such access. Tcsrs and Inspections: 13.3. C()\'TR:IC1Oit,halpise l_\I;INi'ER!tends notice of •c..dinc,s ot ;hc Was k lar ad. icq.iu cJ inspsu.+ns. Ic•I% or i;.pros;its. 13.-I. If I -mss o; lirpuk.iiuns til env purlic hoev has iii.. Iu•i,Ji,asn I. quur ;:m t% ii I. for r,nl 0,crco:l lo.reln's.L:s he nsralcd tested cr ..ppi,aed. CON: RAC:OR ,n„II hi 1 rtsnon vhili:l Iherctir, ras all .u,ls.n Connection Ihercwnh end lurmso ENGINEER the rcqurrcd LCfIIi airs u.`mspr: won. lest.ncur.iripro\; I. CON I RA( FOR sh"ll.dso u I I I I I I I I 1 I I I I 24 U I 1 I I I I 1 I I I I I L I D I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections, tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5. I1gLfn 4164AZ skit/da ��' /"iy6�r/ly���d�t�Jrt [bwnd�i/ttb%�b °t1�CAYA(QTOR �6d I� ts6 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering )York: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering. expo- sure, observation, inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article II. If. however, such Work is not found to be defrrtire. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure. observation, inspection, testing and reconstruction: and. if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, O\VNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective N'ork: 13.13. If. instead of requirine correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment. also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct, indirect and consequential I 25 I costs attributable to OWNER's evaluation of and deter:ni- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonab:eness and to include but not be limited to fees and charges of engineers, architects. attor- neys and other professions). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order wi:l be issued incorporating the necessary revi- sions in the Contract Documents with respect to The Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, 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 of ENGINEER to proceed :o correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' wr.t- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expedi::ous,y. To the extent necessary to complete corrective and rcmecial action, OWN ER may exclude CONTRACTOR from at: or part of the sae, take possession of all or part of :he Work, and suspent CON- TRACTOR's services related thereto. lake possession of CON TRACTOR's tools, appliances. construction equipment and machinery al 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 represen- talives. agents and employees such access to the si:e as may be necessary- to enah�e OW NER to exercise the rights aria remecies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR man amount approved as to reasonableness by ENGINEER, and a Charge Order will he issued incorporating the necessary revisions in the Contract Documents with respect To the Work; and OWNER shall be entitled :o an appropriate decrease in :he Contract Price, ant, if the parties are unatle to agree as to the nmeuni Thereof. OWNER rr.ay make a claim therefor as provided in Article II. Suci direct, induecl and conscqucn- :ial dusts wall rrcludc his: rot he limited :o fees and charges of engineers. aremtects, attorneys and ,'iher rrcfescidn,ils. a.l coin: and ar,tr.dn:n costs and all costs of rcp.Tr and repl..,cmcn: of wor. of of he:s desi rod eJ or dumc.ecd by corrcum.n, •emuval ur repacemenl of CONTRACTOR'+ dekrtn, Work CCNTTRACTOR dial, not be alluset an exxr•ion of the Contract Time hecaase of any delas in per- fn:m..ncc of the Work all nru:ahle to the exercise b}. OW'NI:S of QW'NER's rights and rcmcdhcs hereunder. ARTICLE II PAYMENTS TO CONI RACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of ,alues established as provided in paragraph 2.9 will serve as the basis for progress payments and wiL be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 2. At least tsvenly days before each progress pa)rnenj. is se duled (but not more often than once a month), C TRA R shall submit to ENGINEER for review an pp.i. cation fo aymert filled out and signed by CO'S'T CTOR eoverirgth orkcamp;ctedasofthe dale ofih . pp:ication and accompa d by such supporting docu entaaon as is required by the nisei Documents. If p - enl is requested on the basis of ma als and equiprre not incorporated in the Work but deliver and suitab - stored at The site or at another :oealion agree to in ung, The App.ication for Payment shall a:so be ace ailed by a bi:l of sale, im Dice or ether documenlalion w ing that OWNER has received the materials and equipment free rid clear of all liens, charges, securily interests apd encuinbran s (which arc hereinafter in nose Gene Conditions refcrr to as "Liens') and evidence :haylhc materials and equip ent are coscred by appropria pro,^.er.y insurance and o(h, arrngements Co p:o:ect,t11V\ER's interest uierein, all of w ch will be sat- isfacinry to OWNER. The amount of reIainag with respect jp'prosress payments will he as stipulated is the reement. (Replacement; SC -14.2) CO.%TRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that Title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Pro.ect or not, w:11 pass to OWNER no :ater than the time of payment free and clear of al. Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will. wahin ten days after receipt of each Application for Payment, either ind.cate in wri:mg a recommendaton of payment and present The Applica:ion to OWNER. cr return the :\pplicatson to CONTRACTOR indr Carina in ss rnrrg ENC] :NL ER', rea,ans !or re:L,ing to rec- omn'end ravine nt. lr Inc tuner case, CONTRAC IC R may make the nccessary corrccuons end re,u; mil the AppLca- Ile,. rcn J.as;iiter pre•emation of the Apr.11caticn fur Pay- meni with. LNGINEF.R', ]ecommendation. tine ucouni rre- ommcnacd%silltwhpctTO:^.e pr vivans of the last sat::rice of riracr,rh 14 7) became hje ..n I w hen due w ii' he p,ud by OW'\Ia Id(QNTR:ACcon .4} (Addit;on; . I 14.5. ENGINFER's recemmcndatmn of an, rasment requested in an Apnct'alum for Payment will conduwte a I R I I I I I I I I I 26 II I L L I I I I I I I n L II I I I I representation by ENGINEER to OWNER, based on ENGI- NEER's on -site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that, to the best of ENGI- NEER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other qualifi- cations stated in the recommendation); and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15 2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling OWNER to a set-off against the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGI- NEER will deliverto OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion. ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work alter the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished pan of the Work. which has specifically been identified in the Contract Docu- ' 27 I meats, or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished pnor to Substantial Completion of all the Work subject to :he follow- ing: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permu OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substan:ia!ly complete, If CON- TRACTOR agrees, CONTRACTOR will ce rti fv to O WN' ER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such pan of the Work ready for its intended use and substan- dally complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Withinareasonable time aftereither such request, OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work 1e be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writirggiving the reasons therefor. If ENGINEER considers that part of the Work to be subslantial4 complete, the prosisior.s ofpara- graphs 14.8 and 14,9 wil! apply with respect:ocenif.ca:ion of Substar.tiai Comp:e:ion of that part of the Work and the division of responsibility in respect t:icreof and access thereto. 14.10.2. OWNER may at any time request CON- TRACTOR in writing :o permit OWNER 10 take over operation of any such part of the Work although it is not substantially complete. A copy' of such request will be sent to ENGINEER and within 4 reacorable time there. after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to he completed or corrected thereon before final payment. If CONTR.ACTOR does not object in w•ri- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operaficn b) OWNER, ENGINEER will finalize the list of items Co he compieted or corrected and nil: delver such :1st to OWNER and CONTRACTOR to?ether with a wnllen recommendation as to the dn'ntun of responsibilities pending final r ayment bet"een OWNER and CCNTRA(.TOR with respect to secu:icy, operaton. scfc:'. maintenance, util lies, insur. ance. warrant Its and roar:. ntces rcr Ihat part of the Work winch ni I become bmdin2 'Iron OWN ER .md C'ON- TRACTOR at the rime 'icn OW NFR Like, , cr si.rh operation tun c,s:I- cv ,hal'!1;%e o:nerss se aJrccL in ,srr- rr.g and ,o :nto:meu ENGINEER). Durirc sach orcreticn and -nor to SLh]td ntial CaIr ple::un of Bach gaol ci' he Woik. OWNER shat, afow CONTRACTOR reasonable access to complrre or correct rims on said list aid to eon•plcte ether related Work, 14.10.3. No occupancy or separate operation of part of the Work u ill be accomplished prlorto compliance with the requirements of paragraph 5.:5 :n respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion the:eof is complete. ENGI- NEER wiJ make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in wriling of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately lake such measures as are necessary to remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has comp.eted a:l such cor- rections to the satisfacron of ENGINEER and delivered all maintenance and operating instructions. schedules. guaran- Iees. Bonds. certificates of inspection, masked -up record documents as provided in paragraph 6.19) and other docu- mens—all as required by the Contract Documents, and aster ENGINEER has indicated that :he Work is acceptable (sub- ject to :he provisions of paragraph 14.161. CONTRACTOR may snake application for fina: payment following the pro- cedure for progress payments. The final A,^.p,icalion for Pay- ment shall be accompanied by all documentation callca for in the Contract Documents, toget.herwith comp:eie and legally effective releases cr waivers Isatisfacto:y to OWNER) of all Liens arising out of or bled in connection with the Work. In lieu :hereof and as approsed by OWNER. CONTRACTOR may furnish receipts or releases .n fall: an aff.davit of CON- TRACTOR that the releases and receipts include ail labor. services. material and equipment Per which a Lien could be filed, and t,at all payrolls, material and equipment h:lls. and other indcb:eaness connected with the Work for which OWNER orOWNER's property might in any way be respon- sible. have been paid or o:herwise satis5ed; and consent of the surety, ifany, to final ,-.ay -rent. If any Subcontractor or Supplier fails to farnish a release or receipt in full, CON- TRACTOR may Punish a Bond or other co lateral sati,fac- tory to OWNER :o indemnify OW'N ER against any Licn. Final Payment and Acrepiance: 14.13. If, on the basis of ENGrNEFR's oh,cr%..torn of the Work durl-Ig cormr'uclwn and Cnd in,paon, and ENGINELR's re'ien ci the innl \rplrhatwn for P;Ilmeni ar.d accnmp.wy me dccu-iwnr,ninr. ,rI is rcgtaird l' the ConII cI Decunicn:,, EN(;INLl.R is,uli,ricd tn,il be 1S'tirk has t•cen comp:e:e.: and ('ON f R.\CTCR', other onlieations ur Jer the C-oni roc: :]ocamenl, hasc heel fulfil lad. IINt,I - NEER wd:. nvlhin ici in' ,.Itc: Icc: r.1 of the r'n.d .1pp!i. Cation !'r !'.Iy-ncn:. indicate :n nr ling ENGINF.FR', rec- ammcnd,luon of pas went :,nil present the Applus,I::lln :o OWNER 'Jr pas went Thera. pon [INC IN Eli R will tine ssnncn nau:: Ili C:11'\ ! -R .Ind CON R.tt'TOR I!wl ;tic IV'r. is acceptable suh;ecf to the pro, Iven, of raracrach 14 Ili. I El I I I I I I I I H I I I I Li I II I I I I I I Il I I I Otherwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance, and with ENGINEER's recommen- dation and notice of acceptability, the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1, the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens. from /'Ierrire Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however. it will not consti- tute a waiver by OWNER of any rights in respect of CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at any time and without cause, sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the henetit of CONTRACTOR's creditors; 15.2.5. if CONTRAC'T'OR admits in writing an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents I 29 I (including, but not limited to, failure to surply sufficient skilled workers or suriable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any pubic body having jurisdict:or.; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu. ments; OWNER may, after giving CONTRACTOR (and the surely, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR. exclude CONTRACTOR from the styC 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 liabi:iiy to CONTRACTOR for trespass or conversion), incor;.orale in the Work al: materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored e,sewhere, and finish the Work as OWNER may deem expedient. Ir. such case CONTRACTOR shall not be entitles to receive any further payment until the Work rs frnisned. If the unpaid balance of the Contract price exceeds the direci, indirect and consequential costs of completirg the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other pi-cfcssionals and sour ant arbi:ration costs) such excess wil! be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to O\VNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and i:icor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER snaL net be required to obta:n the lowest price for the Woik performed. I 15.3. Where CON1RACTOR's services have been so terminated by OWNER. the termina;:on will not affect any rights or rened,es of OWNER against CONTRACTOR them existing or waich may thereafter accnre. Any -elention a payment of moneys dt.e CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER. OWNER may, without cause and without prejudice Co any other right Cr remedy, elect to aban r don the Work and letinaic the .Agreement. In such case CONTRACTOR shall be paid fo-a:l Work executed and any expense suslained p Lrs r easonab:e tcrm:na:ion expenses. which will include. but not be limited to. cirect, indirect and con- sequential costs Iirclud:ng, but not limited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitraton costs). Contra erorMay Stop {Work or Terminate: 15.5. 11. throug.n no act or fault of CONTRACTOR, the Work is suspended for a peri,.d of more than nicely days by OWNER or urder an order of ccurt or other public authority, or ENGINEER falls :o act on any Aprlicatien far payment within thirty days after it is suhmated, or OWNER fails for thirty days to pay CONTRACTOR any sum fina.ly deter- mined to be due, liter. CONTRACTOR may. upon seven days' ssriltcn notice to OW'NhR ant ENGINEER, terminate the Agreement and recover from O\VNER payment for all W'erp executed and any expense sustained plus reasonable lermmat:on expenses. In addi: or. anc in lieu of terminating the Agreemenl. ifENGINEER has failed to act cn an Appli- cation for payment or OWNER has felled to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of a:l amounts ;hen due. The provisions of this paragraph shall no: relieve CONTRACTOR of the obl.ga:ions urder paragraph 6.29 to carry on the Work :n accordance with the progress schedu:e and without delay during disputes and disagreements with OWNER. , I I IThe rcr:ainJcr of this page was left blank inten:iunully.] I I 30 1 I I H I I H u I I I ARTICLE 16 -ARBITRATION 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbi- tration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. - 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. ' 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the I I I I I American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limi- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's agents. employees or consul- tants) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, 16.4.2. such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRAC- TOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph: but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having juris- diction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and II of the Federal Arbitration Act (9 U.S.C. 5410,11). [The remainder of this page was left blank intentionally. 31 I I L I I I H I I I J H u fl I I I I ARTICLE I7 —MISCELLANEOUS Giving Notice:. 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- v idual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 171.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OIVNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally 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 pro- visions of any applicable statute of limitations or repose. 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. I 33 TABLE OF CONTENTS ' OF SUPPLEMENTARY COND] pg e SC -1 Definitions and Abbreviations .......................... SC -1 ' SC -2 Preliminary Matters ....... SC -3 SC -4 Availability of Lands; Physical Conditions; Reference Points .... SC -3 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities SC -6 SC -7 Other Work SC -6 SC -8 Owner's Responsibilities SC -7 ' SC -9 Engineer's Status During Construction ................... SC -7 SC -11 Change of Contract Price SC -11 SC -13 Warranty and Guarantee; Tests and Inspections; Correction, ' Removal or Acceptance of Defective Work ............... SC -11 SC -14 Payments to Contractor and Completion SC -11 1 Li I I I I El I I SC-i I I Supplementary Conditions I I I I I I SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1983 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The word "OWNER" shall mean the City of Fayetteville, Arkansas, acting through Its duly authorized representatives. The words "Board of Directors" shall mean the Board of Directors of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville, Arkansas. The words "Mayor and 'City Clerk' shall mean, respectively, the Mayor and City Clerk ' of the City of Fayetteville, Arkansas. The words 'City Attorney" shall mean the City Attorney of the City of Fayetteville, ' Arkansas. The word 'ENGINEER' shall mean the engineering firm of McGoodwin, Williams and ' Yates, Inc., Consulting Engineers, or their duly authorized agent, who have been employed by the City of Fayetteville, Arkansas for this Work. ' The words 'Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. ' The word 'surety" or 'sureties' shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word 'Advertisement' shall mean all the legal publications pertaining to the Work of this Contract. ' The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the section "Modifications and Alterations," or for showing details which are not shown thereon. The term 'grade" used in these Specifications Is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement SC -1 I for Bids.• Whenever the following abbreviations are used, they shall have the meanings given 1 below: AASHTO - American Society of State Highway Officials ACI - American Concrete Institute AGA - American Gas Association AHTD - Arkansas State Highway & Transportation Department ASHTD - Arkansas State Highway & Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories , A - ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V - volt SC -2 I Supplementary Conditions I I I $cg PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. C-2.7 Furnishing of Insurance Data. Amend the first sentence of paragraph 2.7 of the General Conditions by striking out the following words: and OWNER shall deliver Ito CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain In accordance with paragraphs 5.6 and 5.7." ' SC -4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS C-4.2.1 Explorations and Reports Add the following language at the end of paragraph 4.2.1 of the General Conditions: ' In the preparation of Drawings and Specifications, the ENGINEER has relied upon: 4.2.1.1 Report dated November 1991, prepared by The Ductile Iron Pipe Research Association of Birmingham, Alabama, entitled: • "Soil Investigation Report; 36 -Inch Water Transmission Line; Fayetteville, Arkansas ' This report is not a part of the Contract Documents, but the technical data contained therein upon which CONTRACTOR Is entitled to rely as provided in GC -4.2 and as ' identified and established above are incorporated therein by reference. Copies of this report may be examined by prospective bidders at the ENGINEER'S or OWNER'S offices during regular business hours. SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which Is to read as follows: 1 SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the •surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. No employers' liability, public liability or workmen's collective insurance policy ' SC -3 .. _ _ . ... I shall be written in any casualty company not authorized to do business In the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas. - .3 Contractor's Liability Insurance Add the following paragraphs immediately attar the respective paragraphs contained in SC -5.3 of the General Conditions: SC -5.3 The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: SC -5.3.1 and SC -5.3.2 Workers' Compensation etc. under paragraphs 5.3.1 and 5.3.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: $ 100,000 Each Occurrence CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the OWNER for Work performed under Contract. SC -5.3.3. SC -5.3.4. SC -5.3.5 and SC -5.3.6 Comprehensive General Liability (under paragraphs 5.3.3 through 5.3.6 of the General Conditions): $2,000,000 Combined Single Limit Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.3.7 Comprehensive Automobile Liability Bodily Injury: $1,500,000 Each Person $3,000,000 Each Occurrence Property Damage: $ 600,000 Each Occurrence or a combined single limit of $2,000,000. C-5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: I F. r I I I I I I I I I F I I I I Ii SC -4 Supplementary Conditions 11 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance In an amount not less than $2,000,000 for property damage and bodily Injury limits, and with such provisions as will protect the OWNER and r, ENGINEER from contingent liability under this Contract. " -5.6 Proper y Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5 Property Insurance. CONTRACTOR shall purchase and maintain ' until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided In these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- risk• insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other ' perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured ' property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk' Insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or In transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 and will contain a provision or endorsement that the coverage afforded will not ' be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. C-5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: • 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the ISC -5 I CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions In its entirety and insert the following in its place: $.$ Policies shall also specify Insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of Insurance policies required under Contract. Will endeavor and 'but failure to mail such notice shall impose no obligation or liability of any kind upon the Company. Its agents or representatives' wording will be deleted from certificates. Q&iQ Delete paragraph 5.10 of the General Conditions in its entirety. - .12 Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions In its entirety. Delete paragraph 5.13 of the General Conditions in its entirety. .14 Acceptance of Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. $Q& CONTRACTOR'S RESPONSIBILITIE SC -6.23 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.23 of the General Conditions: 'The Shop Drawing Review by the ENGINEER Is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details.' SZ OTHER WORK I I I I I I I I C I I 7. Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnity and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, tees of engineers, architects, attorneys and Li I I I SC -6 I P I 1 I [1 I I J r, U other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. ' SC -9 ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3 Add the following language at the end of paragraph 9.3 of the General ' Conditions: I I I I 11 rI LJ SC -9.3 Duties. Responsibilities and Limitations of Authority of Resident Project Representative. General The Resident Project Representative (RPR), who Is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. I SC-7 Supplementary Conditions , Duties and Responsibilities of RPR , 1) Schedules. Review the progress schedule, schedule of Shop Drawing 1 submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally , through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. ' 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work Rejection of Defective Work. Inspections and Tests. a) Conduct on -site observations of the Work In progress to assist ENGINEER in determining if the Work Is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. I SC -8 ' ' Supplementary Conditions ' 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and Interpretations as issued by ' ENGINEER. ' 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as ' issued by ENGINEER. 8) Records. ' a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, ' Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. ' b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations In more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. ' 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work ' and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests, ' Inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER ' Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Requests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their ' submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11) Certificates Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals ' SC -9 and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Limitations of Authority (except upon written instruction of the ENGINEER). Resident Project Representative: shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract ❑ocuments, shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advise or directions are specifically required by the Contract Documents. shall not advise on, Issue directions regarding or assume control over safety precautions and programs in connection with the Work. shall not accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. shall not authorize OWNER to occupy the Project in whole or in part. shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. I Li I I I 1 I I I L H Li P LJ H SC -10 I C] y.= C-11 CHANGE OF CONTRACT PRICE SC-il . Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: ' The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: Li I I I I I All Inspections, tests or approvals other than those required by Laws or ' Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item Indicated in the Agreement; and 11.9.3.2 If there Is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believes that it has incurred additional expense as a result thereof; and 11.9.3.4 if OWNER believes that the quantity variation entitles it to an adjustment in the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if the parties are unable to agree as to the effect of any such variations In the quantity of Unit Price Work performed. SC -13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK S -13.5 Tests and Inspections. Paragraph 13.5 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: ' SC -14 PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.2 AoDlication for Progress Payment. Paragraph 14.2 of the General ' Conditions is hereby deleted in its entirety and the following is substituted in its place: Monthly estimates shall be prepared to include all work accomplished for ' the period ending on the second Friday of each month, except when there are five Fridays the period will end on the third Friday. The ENGINEER, based on data gathered during the construction process, will make an ' estimate of the value of the work done and materials furnished in place during the previous estimate period. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. ' SC -11 F1II.ir:]pr:. . . 1. I The CONTRACTOR shall lumish to the ENGINEER such detailed f information including invoices from material suppliers as he may request to aid him as a guide In the preparation of monthly estimates. Each estimate shall reduce the amount to be paid by a 10 percent retainage until the project is 50 percent complete. Thereafter, the retainage shall be equal to 5 percent of the estimated final contract amount. This retainage shall , remain In effect until the project is closed out or reduced by the OWNER. After each such estimate shall have been approved by the OWNER, the OWNER shall pay to the CONTRACTOR the amount of such estimated value of materials furnished and work done during said pervious calendar month, less retainage. If the OWNER shall at any time tail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the Contract. I 14.4 Review of Applications for Progress Payment Add the following language at the end of paragraph 14.4 of the General Conditions: I The OWNER, based on documents approved by the ENGINEER, will make payment to the CONTRACTOR on or before the 20th day of the month following the end of the estimate period. I n J I I I I I I SC -12 I Section 100 Project Requirements TECHNICAL SPECIFICATIQNS ' WATER TRANSMISSION LINE Beaver Water Treatment Plant to Fayetteville Fayetteville, Arkansas ' Plans No. Fy-192 Dated January 1992 Revised August 1992 PROJECT REQUIREMENTS IA. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for in these Specifications, and shall include the furnishing of all materials, equipment, tools and supplies and performing all labor in the construction of work generally as follows: Contract Section I: approximately 51 ,00( associated fittings, ' encasements, street, lines and connection Treated water transmission pipeline consisting of linear feet of 42 inch (or 36 inch) DIP or PCCP and valves, fire hydrants, air releases, bores and driveway and roadway repairs, connection to existing to existing surge tank. ' Contract Section II: Treated water transmission pipeline consisting of approximately 9,000 linear feet of 36 inch DIP and associated fittings, valves, fire hydrants, air releases, bores and encasements, street, driveway, parking lot and roadway repairs and connections to existing lines. B. SEQUENCE OF THE WORK After the contract, bonds, and certificates of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the contract time will commence. The Contractor shall: Contract Section I: provide that the water line is installed, operational and ' turned over to the Owner for use within 270 calendar days after the effective date of the Notice to Proceed. The Contractor shall complete every aspect of work on the project within 365 calendar days. Contract Section II: provide that the water line is installed, operational and turned over to the Owner for use and have every aspect of work completed ' within 180 calendar days after the effective date of the Notice to Proceed. Work for both Contract Sections I and II shall commence at a water source and proceed in an orderly manner. ' 100-1 Section 100 Project Requirements I Connections to the existing 36 inch line shall be coordinated with the City of Fayetteville and Beaver Water District and will only be conducted on off-peak water usage times during weekend days. Contractors under both Contract Sections I and II shall coordinate their work in such a manner so that these connections, as well as the lap required for the air release valve assembly at the surge tank site, may be made simultaneously. C. LANDS AND RIGHTS OF WAY The work to be performed under this contract shall be on lands owned by the City of Fayetteville and on easements or by permits obtained by the City of Fayetteville. D. CONTRACTOR TO FURNISH EQUIPMENT MATERIALS AND MANPOWER The Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for the proper staking out of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. E. STORAGE OF MATERIALS Materials shall be stored so as to ensure the preservation of their quality and fitness for the work. When directed by the Engineer, they shall be placed on a wooden platform or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be located so as to facilitate prompt inspection. F. SUNDAY. HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency. The Contractor may request permission for extended working hours. Such written request will be given due consideration by the Owner. G. MONTHLY ESTIMATES AND PAYMENTS Monthly estimates shall be prepared to include all work accomplished for the period ending on the second Friday of each month, except when there are five Fridays the period will end on the third Friday. The Engineer, based on data gathered during the construction process, will make an estimate, in accordance with Section 408 of these Specifications, of the value of the work done and materials furnished in place during the previous estimate period. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information including invoices from material suppliers as he may request to aid him as a guide in the preparation of monthly estimates. Each estimate shall reduce the amount to be paid by a 10 percent retainage until the project is 50 percent complete. Thereafter, the retainage shall be I I I I I I I 1 I I I I I I I I 100-2 iSection 100 Project Requirements I equal to 5 percent of the estimated final contract amount. This retainage shall remain ' in effect until the project is closed out or reduced by the Owner. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the amount of such estimated value of materials furnished and work done during said ' previous calendar month, less retainage. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. The Owner, based on documents approved by the Engineer, will make payment to the Contractor on or before the 20th day of the month following the end of the estimate period. H. CONNECTIONS TO EXISTING FACILITIES ' Unless otherwise specified or indicated, Contractor shall make necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, Contractor shall receive permission from Owner or the owning utility prior to undertaking connections. Contractor shall protect facilities against deleterious substances and damage. Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time ' of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct ' supervision of the owning utility. I. OPERATION AND MAINTENANCE DATA AND MANUALS Adequate operation and maintenance information shall be supplied to the Engineer for all equipment requiring maintenance or other attention. The equipment supplier shall ' prepare an operation and maintenance manual for each type of equipment indicated herein. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the schedule. Operation and maintenance manuals shall include the following: ' 1. Equipment function, normal operating characteristics, and limiting conditions. 2. Assembly, installation, alignment, adjustment and checking instructions. 3. Operating instructions for startup, routine and normal operation, regulation and control, shutdown and emergency conditions. ' 4. Lubrication and maintenance instructions. 5. Guide to "troubleshooting." ' 100-3 Section 100 Project Requirements 6. Parts lists and predicted life of parts subject to wear. 7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor. Installation of equipment will not be considered complete until all required manuals and data have been received. Operation and maintenance manuals shall be prepared for the following: OPERATION AND MAINTENANCE MANUALS Specification Section 450 472 475 J. TEMPORARY FACILITIES Type of Equipment Gate and Butterfly Valves Fire Hydrants Air Release and Vacuum Valve Assemblies Offices at Site of Work. During the performance of this contract, the Contractor shall maintain a suitable office in the project area which shall be the headquarters of his representative authorized to receive drawings, instructions, or other communication or articles. Any communication given to the said representative or delivered at Contractor's offices at the site of the work in his absence shall be deemed to have been delivered to the Contractor. U I I I I I I I b I Copies of the Drawings, Specifications and other contract documents shall be kept at Contractor's office at the site of the work and available far use at ' all times. In addition, the Contractor shall provide a suitable field office with at least 180 square feet of floor space, either adjacent to or partitioned off from his office at the site, for use of the Resident Project Representative. The office shall be provided with outside entrance door with a substantial lock, glazed windows suitable for light and ventilation, and adequate heating, air conditioning and lighting facilities. The Contractor shall pay all electricity and heating bills and shall provide telephone services as specified hereinafter. The office shall be furnished with a desk, a four - drawer filing cabinet, a work table, two chairs, a plan rack, and a locker for storage of surveying instruments. The doors on the locker shall be equipped for padlocking. The general arrangement of the off ice and facilities provided shall be acceptable to the Engineer. H n Li 100.4 I Section 100 I I I I C I I I Project Requirements 2. Water. All water required for and in connection with the work to be performed and for any specified tests of piping, equipment, devices, etc. for inundation or settling of backfill material or for any other use as may be required for proper completion of the work shall be provided by and at the expense of the Owner. Any Indiscriminate, excessive or unnecessary water use by the Contractor shall be determined or estimated and billed to the Contractor at the standard rate. 3. Electric Power. The Contractor shall provide all power for heating, lighting, operation of Contractor's plant or equipment, or for any other use by Contractor. Temporary heat and lighting shall be maintained until the work is accepted. 4. Telephone Service. The Contractor shall make all necessary arrangements with the telephone utility for the telephones in the offices at the site, and shall pay all charges therefor. 5. Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the site, as provided herein, for the needs of all construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. K. TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be removed and disposed of by the Contractor. However, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. ' All trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists. L. SECURITY The Contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee or ' trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. 1 Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required ' to protect the site. ' 100-5 Section 100 ' Project Requirements I The Contractor shall take all reasonable measures required by paragraphs 6.20 and 6.22, inclusive, of the General Conditions and to protect the general public, livestock and property from harm due to his construction activities. M. PARKING , The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may Interfere with Owner's operations or construction activities, or normal traffic movement on public roads. ' N. DUST CONTROL The Contractor shall take reasonable measures to prevent unnecessary dust. Earth ` surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall be protected by suitable dust screens. Proper ventilation shall be included with dust screens. O. TEMPORARY DRAINAGE PROVISIONS The Contractor shall provide for the drainage of stormwater and such water as may be applied or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. P. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that wilt disturb the natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible 1 time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast growing vegetation or other suitable ground cover 100-6 ' ISection 100 Project Requirements shall be provided as necessary to control runoff. ( 0. POLLUTION CONTROL ' The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. ' No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. IR. ABBREVIATIONS AND SYMBOLS ' Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. S. CLEANUP During construction, the Contractor shall keep the construction area in a clean, neat and workmanlike condition at all times. Pipe, equipment, and all other material shall be stored and protected in an area away ' from the construction operations. As soon as practicable, the area around all structures shall be backfilled, and the entire area shall be maintained in a smooth condition at all times insofar as is practical. END OF SECTION I I I I I ' 100-7 Section 120 Testing & Certifications TECHNICAL SPECIFICATIONS TESTING ' A. GENERAL The Contractor shall be responsible for and shall pay all costs associated with any Inspection or testing required in connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. L END OF SECTION U 7 I I I [Ti ' 120-1 ` Section 140 Schedules, Progress Meetings 1 TECHNICAL SPECIFICATIONS SCHEDULES, PROGRESS MEETINGS AND PUBLIC NOTICE A. GENERAL The Contractor shall utilize and maintain through project completion critical path scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall be submitted to the Engineer as required by the General Conditions and as specified herein. The schedule, project status and progress of the work will be reviewed at a weekly progress meeting. B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission of the first application for payment. On the last Friday of each month, the Contractor shall submit to the Engineer critical path progress status reports and revised schedules as required to show completion of the project. C. WEEKLY PROGRESS MEETING ' The Contractor's Superintendent and Engineer's Resident Project Representative shall attend a weekly progress meeting scheduled by the Engineer's Project Manager. The ' status of the project will be reviewed and the work to be accomplished in the next week discussed. D. PUBLIC NOTICE The Contractor, on the basis of the schedule and progress meeting discussions, shall ' notify the appropriate property owners of trenching activity scheduled to occur on their property during the coming week. The Contractor shall be responsible for all notification to the public of blasting activities as set out in Section 150. IEND OF SECTION Section 150 Use of Explosives I TECHNICAL SPECIFICATIONS USE OF EXPLOSIVES A. GENERAL The Contractor shall observe the requirements of the General Conditions, Supplementary Conditions and this Technical Specification when using any explosive materials for excavation or demolition. B. USE OF EXPLOSIVES When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to protect persons, completed work, neighboring property, water lines, or other underground structures. ' The Contractor shall obtain the services of a qualified seismic consultant prior to any blasting in order to prevent accidental damage to structures or equipment due to vibration or shock. The seismic consultant shall install and operate seismic monitoring equipment at existing structures which may be affected during the use of any explosives, and shall provide to the Engineer a report describing the vibrations and forces which were exerted on the structures during blasting. The Contractor shall notify all owners of all nearby property of the intention to use 1 explosives at least 24 hours before blasting is scheduled. The Contractor shall submit to the Owner a certificate of insurance covering such blasting operations. Such insurance shall be In the same amount as is the public liability requirements under Article 5 of the Supplementary Conditions. C. RESPONSIBILITY The Contractor shall be absolutely responsible for handling explosives in a safe manner and for any damage resulting from the use of explosives. The Contractor shall be responsible for all damage caused by blasting operations and ( shall be responsible for responding to and resolving all complaints. Suitable methods shall be employed to confine all materials lifted by blasting within the limits of the excavation or trench. All rock which cannot be handled and compacted as earth shall be kept separate from other excavated materials and shall not be mixed with backfill or embankment materials except as specified or directed. Blasting or other use of explosives for excavation adjacent to existing utilities, structures, and other facilities shall be in conformity with the requirements of the local ordinance and the authority having jurisdiction thereover. The Contractor shall consult with and work ' 150-1 Section 150 1 Use of Explosives I out a mutually agreeable blasting procedure with the appropriate utility or agency before blasting adjacent to their utility, structure, or other facility. Certain utilities, including gas pipelines and fiber optics, and agencies have requirements which will not permit blasting adjacent to or within a minimum distance from the utility. D. BLAST SURVEYS Construction and possible blasting activities will be in close proximity to residential and commercial structures. Preblast and postblast surveys shall be conducted for the protection of all parties. Particularly close monitoring of the residential areas between Station 170+00 and 240+00 is required. I Preblast Survey. The Contractor shall perform a preblast survey of ail utilities, structures, and other facilities adjacent to or within 300 feet of the blast sites to determine the structural conditions of each utility, house, building, bridge, overpass, and other structures, and facilities susceptible to damage from blasting operations. The survey notification to all property owners, tenants, utilities, and other agencies and the area of survey shall be in conformity with the requirements of the authority having jurisdiction thereover or as determined by the Contractor's insurance company if no local ordinance applies. The Contractor shall submit the preblast survey report for record purposes to the Owner. Postblast Survey. The Contractor shall perform a postblast survey of the same utilities, structures, and other facilities surveyed in the preblast survey to determine the effect of the blasting operations. The Contractor shall submit the postblast survey report for record purposes to the Owner. I I END OF SECTION , II I 150-2 ' ISection 160 Materials Storage/Handling TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS IA. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective In manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective prior to the final acceptance of the work. B. STORAGE OF MATERIALS The Contractor shall be responsible for the safe storage of material furnished by or to him and accepted by him, and intended for the work, until it has been incorporated in the completed project. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. All materials shall be stored in strict conformance to the manufacturer's recommendations. IC. HANDLING OF MATERIALS All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ' ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Care of Pine Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. I END OF SECTION I TECHNICAL SPECIFICATIONS The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools supplies and Incidentals necessary to construct riprap bank stabilization where required as shown on the Plans. There is no separate pay item for stone riprap and filter fabric, and this work shall be considered subsidiary to the unit price bid for pipe. MATERIALS RRi rap. Material for stone riprap shall be from an approved quarry source. The riprap shall be reasonably free from overburden spoil and reasonably well graded between the maximum and minimum rock piece sizes specified. Based on any one hauling unit shipment or delivery, the maximum piece size shall be not greater than 18 inches in any dimension and at least 50 percent of the material by weight shall consist of pieces weighing 35 pounds or more. Dirt or fines passing a 1/2 inch sieve accumulated from quarrying or loading operations shall not exceed five percent of the total weight. Filter Fabric. The filter fabric shall be woven or unwoven synthetic fiber geotextile fabric meeting the requirements of AASHTO M288. The fabric shall be furnished in an appropriate protective cover which will protect it from adverse radiation effects and abrasion due to shipping and handling. EXECUTION The filter fabric shall be placed directly on the prepared surface. Fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric sections shall be joined by overlapped strip with U-shaped wire pins, single shaped steel pins with metal disc heads, or similar fasteners. The fasteners shall be 6 inches or more in length and shall hold the fabric firmly in place. Fasteners shall be inserted through both strips of overlapped fabric at intervals of approximately 4 feet 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. T and buried approximately 12 inches at the exterior limits. The filter fabric shall be installed in such a manner that all splice joints are provided with a minimum lap in accordance with the manufacturer's recommendations. Care shall be taken during the placement and installation of the material to prevent damage to the fabric. Damaged material shall be repaired by placing a piece of fabric large enough to cover the damaged area and lapping beyond the damaged area by a minimum of 2 feet. Section 265 ` Riprap I The stone riprap shall be placed in such a manner as to produce a reasonably well graded, smooth surfaced mass of rock with the minimum practicable percentage of voids, and shall be constructed to the lines and grades shown on the Plans. Material shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the underlying material. Placing riprap in layers will not be permitted. The larger stones shall be well distributed and the entire mass of stones shall be roughly graded to conform to the gradation specified. The finished riprap shall be free from objectionable pockets of small stones and dusters of larger stones. Hand -placing to a limited extent may be required but only to the extent necessary to secure the results specified immediately above. Placing riprap by dumping into chutes or by similar methods likely to cause segregation of the various sizes will not be permitted. I Riprap stone shall not be deposited in a manner that will cause damage to the filter blanket. Any damage to fabric during placement of riprap shall be corrected by the Contractor prior to proceeding with the work. Damaged fabric shall be repaired by placing a piece of fabric large enough to cover the damaged area and overlapping and pinning. Particular care shall be exercised by the Contractor to restore the area where rock is stockpiled to preconstruction conditions. The area shall be cleaned up and seeded as ' specified elsewhere In these Specifications. LJ END OF SECTION I I I I I I 265-2 ' I Section 400 I I ' A. GENERAL Clear ROW/Fence Repair TECHNICAL SPECIFICATIONS CLEARING RIGHTS OF WAY, CUTTING AND REPAIRING FENCES The City of Fayetteville has acquired both permanent and construction easements for the water line construction. The permanent and temporary easements vary in width along the entire length of the project. Right of way sheets are included in the Plans; they show easement widths and limits as well as ownership information. Insofar as possible and unless subsequent permission is obtained from the Owner, the Contractor shall confine his activities to the rights of way obtained by the City of Fayetteville. B. CONSTRUCTION ACTIVITY ADJACENT TO WOODCLIFF DRIVE. STATION 228+00 TO 237+00 - Contract Section I Only The water line centerline from Station 231+00 to 237+00 will be 15 feet west from and parallel with the west right of way line of Woodcliff Drive. The west right of way line is marked by a wooden fence. A permanent easement 25 feet in width has been obtained. This easement's east line abuts the west right of way line of the street. In addition; a 25 foot temporary easement adjoining the west side of the permanent easement has been obtained. The Contractor shall confine his construction activities to the 50 foot wide easement area. All construction activity shall be limited to the area west of the wood fence along the street right of way. Woodcliff Drive is not available to the Contractor for any purpose except the movement of personnel and light rubber -tired vehicles. SAll trees, shrubs and plants within the 25 foot wide permanent easement may be removed by the Contractor. A temporary driving surface may be constructed by the Contractor within the permanent easement. Payment for gravel for the driving surface will be made under Pay Item 27. Within the temporary easement trees and shrubs are to be protected and their removal ' or damage avoided where possible. The wood fence along the street right of way shall be protected from damage. In the event of the removal of any portion of this fence to allow access, the Contractor shall carefully remove the fence section and replace it without damage. From Station 233+00 to 237+00 shall be considered a "lawn" (Class I) for purposes of 1 surface removal and cleanup under these Specifications. Topsoil shall be segregated. After construction, any remaining gravel emplaced as a driving surface by the Contractor shall be removed and topsoil replaced. Additional topsoil shall be brought in and placed if necessary to restore this lawn. ' 400-1 Section 400 r Clear ROW/Fence Repair 1 From Station 228+00 to 233+00 shall be considered Class II for purposes of surface removal and cleanup. This area shall be seeded with Serecia Lespedeza/Red Fescue (50/50) Instead of the seed mixture specified elsewhere. During construction, the Contractor shall limit access to any temporary road in the area Station 228+00 to 233+00 by temporary fencing and locked gate(s). C. CLEARING RIGHTS OF WAY 1 Parts of construction are indicated on the Plans as being through lawns, gardens, brush, timbered areas and fields of tall grass. I There is not an extra pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the clearing operation. ' 1. Brush. Timbered Areas. Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall grass, the Engineer shall stake the centerline of the proposed pipe line. The Contractor shall clear the rights of way of brush and other debris and do such right of way construction as is necessary to provide an adequate working area. I In clearing right of way, the Contractor shall remove only those trees necessary robtained. No trees of 6 inches or greater diameter will be removed unless they have been clearly marked for removal. Where water lines are to be constructed in close proximity to shade trees or other trees of significant value, the Contractor will be expected to work near the trees without removing or damaging them. The Contractor shall construct a free-standing protective wooden pen, 8 feet tall, around all trees in close proximity to the work which are not to be removed. Protective pens shall be maintained around trees until final cleanup and seeding or sodding have been completed. All brush, timber and other debris required to be removed from the construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will be permissible, provided that there is full compliance with the provisions of all stale and local agencies controlling and supervising these activities. A portion of the work is across private property in which livestock is at large. It Is the responsibility of the Contractor to see that the livestock is kept in the original pastures. It has been found that wilted wild cherry leaves are poisonous to ' livestock. Consequently, wherever wild cherry is removed or damaged, the branches shall be removed immediately from the site of the work, and shall be burned or disposed of so that it will be impossible for the livestock to have access to them. 2. Lawns. Gardens. and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Engineer 400-2 1 ' Section 400 Clear ROW/Fence Repair 1 shall stake the general location of the rights of way, and shall provide line stakes. The Contractor shall then clear any debris from the rights of way. All shrubbery. small trees (less than 4 inches in diameter), and other items of landscape shall All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. ' 3. Power Lines. Where the Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for lying off" poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission line. It is strongly recommended that low profile construction equipment be used and that a minimum 15 feet vertical clearance be maintained between any equipment and transmission conductors. Unless the water line is specifically set out to cross within the limits of the power ' line right of way, the Contractor shall not alter or work within the limits of the existing power line right of way. 4. Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions are to be removed and replaced along the right of way. These shall be removed and protected. After pipe construction is complete, they shall be replaced in their original conditions. 5. Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. Prior to the cutting of fences the Contractor shall install L a brace post assembly in the existing fence on each side of the water line. The exact location for the brace post assembly shall be field determined. The tension of the existing fence shall not be reduced. The Contractor shall then construct temporary gates and temporary fencing so as to maintain livestock in the original pasture during the construction period. There is no separate pay item for temporary gates and temporary fencing. After the pipeline has been installed, backfill placed and compacted, and excess material removed, the Contractor shall construct a 14 foot gate installation as soon as possible. Additional brace post assemblies shall be installed if necessary. The gate shall be locked when it is installed. The temporary fencing shall be removed and disposed of and replaced with new fence of the same type materials as the existing fence. The new fence shall be installed using new posts. The new post shall be the same type of materials as the existing posts, either treated wood set in concrete or steel "T" post. 1 ' 400-3 Section 400 ' Clear ROW/Fence Repair I Where removal, replacement or repair of chain link, ornamental iron, wood, rock or masonry fence Is required, the Contractor shall retain a qualified specialty contractor to perform the work. 6. Q. Gates shall be Powder River Tube Gate, or equal, and shall be of the dimensions shown on the Plans. a. Framework. The hangside upright and other framework shall be 1-5/8 inches outside diameter, 16 gauge galvanized steel tubing. b. Hinges and Latches. Hinges shall be of heavy malleable iron, hot -dipped galvanized. The bottom hinge shall be welded to the gate. Latches shall be hot -dipped galvanized and provided with a chain with a keeper welded to the upright. C. Chains and Locks. Latch chains and two locks shall be provided for each gate. The latch side upright shall have the chain welded to the upright. Master heavy-duty lacks with long shackles shall be provided. One lock for each gate shall be keyed to conform io the requirements of the City of Fayetteville. One lock for each gate shall have standard keying. The lock keyed for the City of Fayetteville shall be used when the gate is Installed. The remaining locks shall be delivered to the Engineer. 7. Restoration of Property Markers. Where property markers or public right of way markers have been disturbed or will be removed in the course of construction, the Contractor shall retain an Arkansas Registered Land Surveyor to witness the position of the marker prior to disturbance or removal. After the completion of construction, an Arkansas R.L.S. shall be retained to restore all disturbed or removed markers to their original position. The Contractor is responsible for taking steps necessary to assure the safety of livestock in the vicinity of the construction area. I END OF SECTION I `1 D 1 400-4 ' P Li Section 401 Surface Removal I I I I TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. Thi�pecification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where water lines, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench 1 excavation. The allowable limits of removal are dependent upon the type of area in or through which construction occurs and are set out below. No payment for surface repair will be made outside the width of allowable removal. ' 1. Lawns. Gardens. Mowed or Cultivated Areas, and Other Well-Keot Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the L ditch line and store such along one side of the ditch line so that it does not become mixed with the remaining excavation which shall be stored on the other side of the ditch line. ' The width of allowable surface removal shall be the standard trench width as shown on the detail sheet of the Plans, or the depth of the trench to the existing 1 water flow line at its deepest point, whichever is greater. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus '12 inches. 2. Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out in paragraph B.1 above except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. 3. Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench ' specified for the installation of pipe, and the width and length of pavement area 1 401-1 Section 401 1 Surface Removal I required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. ' The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Water Une Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the standard trench width as defined on the detail sheet of the Plans plus 18 Inches each side of the standard trench. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Water Line Construction. The width of , concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the normal trench width as defined on the detail sheet of the Plans plus 12 Inches on each side of the trench. The length of the concrete pavement to be removed for the 1 installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. c. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. 1) Removal of Surface for Water Line Construction. The width of unpaved surface removed along the normal trench line for the Installation of pipe shall be the standard trench width as defined on the detail sheet of the Plans. The length of unpaved surface removed along the normal trench line I for the installation of fittings or other appurtenances shall be the dimension of such structure plus 12 inches. 401-2 1 ' Section 401 Surface Removal 4. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will ' be made at the unit price bid for the appropriate surface repair/replacement Item as set out under the Methods of Measurement and Payment Section of these Specifications. ' However, If the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. II IEND OF SECTION I I I, I C u I I I 1 401-3 ' Section 402 Classification of Excavation TECHNICAL SPECIFICATIONS i CLASSIFICATION OF EXCAVATION FOR CONSTRUCTION OF WATER LINES ' A. GENERAL ' Unless specifically provided for in the Bid and in the Methods of Measurement and Payment for rock excavation, all excavation shall be unclassified and considered subsidiary to related Bid items. ' B. DEFINITION OF ROCK EXCAVATION The work is underlain by broken chert, and/or solid chart, sandstone or limestone. The excavation required for construction of the water line may necessitate the excavation of solid chert, sandstone or limestone. The pay item for rock excavation in this project in 1 the Bid and in the Methods of Measurement and Payment for rock excavation will include: 1) solid chert, sandstone or limestone which requires blasting for removal; 2) solid or consolidated chart, sandstone or limestone which cannot be 1 normally ripped and excavated with a three-quarter yard backhoe without hammering with the bucket which causes undue damage to the equipment; or 3) boulders and pieces of masonry or concrete which exceed 1,000 pounds in weight. Layers of rock less than 12 inches in depth will not be considered for payment. Layers greater than 12 Inches will be considered for payment only when the length exceeds 5 feet. Broken or weathered chert, sandstone or limestone which can be normally excavated ' with a three-quarter yard backhoe will not be classified as rock excavation. Rock and/or broken chert excavated in clearing of right of way and surface removal will ' not be classified nor will it be paid for as rock excavation. Measurement for rock excavation will be made on the basis of depth measured from 4 inches below the bottom of the pipe by a ditch width 16 inches wider than the outside diameter of the pipe bells or couplings. C. MEASUREMENT 1 Rock excavation shall be measured in place by the Resident Project Representative (RPR) before the trench is backfilled. At the end of each day's pipe laying operations, 'when the quantity of rock excavation has been determined, the RPR shall record the 402-1 Section 402 1 Classification of Excavation quantity of rock excavation to be paid for in his daily field report. The RPR will deliver a copy of the daily field report to the Contractor's representative. The Contractor's representative shall Initial the RPR's copy of the daily field report Indicating his agreement with the measured rock excavation for that day. I END OF SECTION I [J I I I I I I I I [1 I 402-2 I1 I I I ' A. GENERAL The pipe type selected for use on this project may be either ductile iron pipe or t cylinder -lined prestressed concrete pressure pipe, at the option of the Contractor, subject to the conditions set out below. TECHNICAL SPECIFICATIONS WATER PIPE - GENERAL Section 406 Water Pipe - General ' Nominal Pipe Location/ Diameter Function Options 42" or 36" Treated Water Ductile Iron Pipe or Cylinder -Lined ' Transmission Line Prestressed Concrete Pressure Pipe Station 4+00 to (Contract Section I Only) Station 509+80 36" Treated Water Ductile Iron Pipe Only Transmission Line (Contract Section II) Station 509+80 to Station 597+00 12" Various Tie -Ins to Ductile Iron Pipe O___ynl Existing Lines; (Contract Sections I & Ii) See Plans 8" Various Tie -Ins to Ductile Iron Pipe Only Existing Lines; (Contract Sections I & II) See Plans 6" Various Tie -Ins to Ductile Iron Pipe Only Existing Lines and (Contract Sections I & II) Fire Hydrant Leads All pipe and fittings shall be manufactured and installed in accordance with either Section 411 or 414 of these Specifications as is applicable to the type of pipe being installed. All fittings shown on the construction Plans and also those fittings required to construct ' the pipeline in the correct vertical and horizontal alignment shall be provided by the Contractor. All pipe and fittings shall be obtained by the Contractor from the same manufacturer. 1 END OF SECTION ' 406-1 Section 408 Partial Payment for W/L 1 TECHNICAL SPECIFICATIONS PARTIAL PAYMENT ESTIMATE FOR WATER LINE CONSTRUCTION ' A. GENERAL ' The Engineer will prepare partial payment estimates on a monthly basis. The estimate will include all work done through the second Friday of each month. Payment for material on -hand will be made for materials stored and invoices furnished to the Engineer ' prior to the second Friday. The procedures to be used by the Engineer in determining the amount due each month ' will generally be as set out below. 1. Pipeline Bid Items. The amount to be paid under pipeline bid items will be ' determined by converting the footage of pipe laid into an equivalent value of length of pipe for purposes of payment. This value will be the sum of percentage increments of completion of the pipeline construction. These percentage increments are: a. for all pipe laid in the trench, properly backfilled and compacted, 65 percent ' of the bid price; b. for all sections of the pipeline where topsoil'has been replaced and cleanup ' is essentially completed without interruption from the beginning point of pipeline construction (final fence repair is excepted), an additional 15 percent of the bid price; ' c. for all sections of the pipeline that have passed specified pressure and leakage tests, an additional 5 percent of the bid price; d. for all sections of the pipeline that have been successfully sterilized as specified, an additional 5 percent of the bid price; and e. for all sections of the pipeline where final fence repair, cleanup, seeding and mulching are completed, an additional 10 percent of the bid price. ' An example of this procedure for the determination of equivalent value is as follows. ' EXAMPLE Assume that the Contractor, during the first month of the contract, lays 4,000 linear feet of pipe under Bid Item No. 1 for which he has bid $80 per foot, complete in place. Of the 4,000 feet in place, assume that: ' 408-1 Section 408 Partial Payment for W/L I • 1,500 feet is considered to comply with paragraph a above, • an additional 1,500 feet complies with paragraphs a and b, and • the remaining 500 feet complies with paragraphs a, b and c. How much can the Contractor expect to collect on this item of work? An equivalent length of completed pipe would be calculated as follows by the Engineer: 1,500L.F.@$80x65% .....................$78,000 1,500 L.F. @ $80 x 80°/a 96,000 500 L.F. @ $80 x 85% 34,000 Total Estimated Value of Completed Work $208,000 As shown above, the estimated value of completed work is $208,000. If this figure is divided by the bid price of $80 per linear foot, then the footage of pipe that will be shown on the estimate will be: 208 000 $80 = 2,600 linear feet of pipeline. 2. All Bid Items Except Pipeline. The amount paid under these items will be based on the estimated value of the completed work at the time of the estimate. 3. Estimate of Units. The estimate of units complete under each item will be determined as set out above. In addition, the retainage in effect at the time the estimate is prepared will be withheld. 4. Payment. Payment will only be made for materials delivered and stored if said material is stored in a secured storage area in the community where the work is being performed. The Engineer will compute payment for materials stored by taking an inventory of the material on -hand and applying the values per unit as shown on the invoices. Payment for all pipe material stored larger than 12 inches in diameter shall be limited to the invoice price far no more than 5,000 linear feet. END OF SECTION I I I I L I I I I I I I I I I H 1 Li r1 I Section 411 DIP W/L H TECHNICAL SPECIFICATIONS ' DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES ' A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of ' construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Ductile Iron Pipe and Ductile Iron Pipe Fittings. Unless otherwise shown on the Plans or specified, all pipe and pipe fittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used only as indicated on the Plans, and shall be in conformance ' with this Specification. a. Ductile Iron Pipe. All ductile iron pipe furnished with either push -on or ' mechanical type joints shall conform to the requirements of "Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids," AWWA Standard C151, latest revision, and shall be designed to withstand compacted earth loadings as applied according to the conditions set out on the Plans with an AASHTO HS -20 truck live load. The external loading shall be based on a soil density of 120 pounds per ' cubic foot and Type 3 standard laying conditions. The pipe manufacturer shall design all pipe and fittings (including thrust collars at the locations shown on the Plans) for the working pressures ' shown on the Plans, plus a surge allowance of 100 psi. However, ductile iron pipe shall be, at a minimum: ' Minimum Standard Pressure Class ' Station 4+00 to 509+80; 42"/36" 200 psi Station 500+00 to End; 36" DIP Only 250 psi Entire Project; All Pipe Smaller than 36" 250 psi Refer to Section 406 of these Specifications for various pipe sizes, ' functions and locations. All ductile iron pipe shall be designed in accordance with the requirements of Thickness Design of Ductile Iron Pipe," ANSI/AWWA C150/A21.50-91, 'effective March 1, 1992. 411-1 Section 411 DIP W/L I b. Compact Ductile Iron Pipe Fittings (3 Inch Through 16 Inch). All fittings 3 inches through 16 inches shall be ductile Iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron Compact Fittings, 3 Inch Through 16 Inch, for Water and Other Liquids.' ' c. Ductile Iron Pipe Fittings (Larger Than 16 Inch). All fittings Larger than 16 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10, latest revision, for "Ductile Iron and Gray - Iron Fittings, 3 Inch Through 48 inch, for Water and Other Liquids.' d. Ductile Iron Pipe Joints. AIL ductile iron pipe and ductile Iron pipe fittings with mechanical or push -on type Joints shall have rubber gasket joints in conformance with 'Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings; ANSI/AWWA C111/A21.11, latest revision. e. Restrained Joints. Where shown on the Plans, restrained joint pipe and fittings shall be ductile Iron pipe manufactured In accord with applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA C11o/A21.10, All restrained joint pipe shall be 'TR Flex,' as manufactured by U. S. Pipe, or , equal. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using MJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint Joints shall be used where testing will be done against closed valves, and at other locations at the ' Contractor's option. 2. Flanged Ductile Iron Pipe with Threaded Flanges. Where shown on the Plans, the Contractor shall furnish and install flanged ductile iron pipe and flanged ductile iron fittings in accordance with the following Specifications. a. Pipes and Flanges. All flanged pipe furnished on this project shall be 1 ductile Iron pipe In conformance with the requirements for 'Flanged Ductile Iron Pipe with Threaded Flanges,' ANSI/AWWA C115/A21.15, latest revision. b. Bolts and Gaskets. Bolts and gaskets shall meet the requirements of ' ANSI/AWWA C111/A21.11, latest revision, for 'Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings.' 3. Cement Mortar Linlnq. All ductile iron pipe and ductile iron pipe fittings shall have t a standard thickness cement mortar lining In conformance to ANSI/AWWA C104/A21.4. 4. Outside Coating. All ductile iron pipe shall have either a bituminous exterior 1 coating, or shall be delivered to the site factory cleaned and primed as set out below. ' 411-2 ' ' Section 411 DIP W/L 1 a. Factory Primed Pipe. Unless otherwise shown on the Plans, all exposed ' pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. b. Bituminous Coating. All pipe and fittings indicated for buried service shall '• have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. '• 5. Ductile Iron Pioe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. • 6. Pipe Bedding Material. Material used for bedding ductile Iron pipe shall be select • material from the excavated trench. The material shall be free of rock larger than 2 Inches and other debris. ' 7. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required, shall be aggregate base course, Class 6, as defined in Section 303 of the 1991 Edition of the Arkansas State Highway Department Specifications. The crushed limestone supplier shall submit certificates stating. that the materials provided are in conformance with these Specifications. 8. Concrete. Concrete used for reaction backing, pipe cover, or pipe encasement shall be in conformance with the Concrete section of these Specifications. ' 9. Affidavits of Compliance and Independent Laboratory Inspection. All ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be ' inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured In compliance with these Specifications. The certificate shall also fully describe the ' pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA Standards ' have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved Independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe Is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the ' Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 1 ' 411-3 Section 411 DIP W/L C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION 1. n r I. The Contractor shall, unless otherwise specified, furnish all material, I equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Allanment and Grade. The water main shall be laid and maintained to the required lines, grades and top of pipe elevations shown on the construction Plans with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. The Contractor shall provide survey layout (conducted by qualified experienced surveyors) to maintain the required grades and alignments. The Contractor shall provide the Engineer with a written tabular list of layout cuts, station locations and hub offsets for all pipe laying. The required tabular list for any given segment of the pipeline shall be provided to the Engineer at least five working days in advance of excavation of the segment In question. 3. Creek or River Crossings. This section of the Specifications does not govern the construction of creek or river crossings. All creek and river crossings as set out on the Plans or as specified, shall be constructed In accordance with Section 493 of these Specifications. 4. Installing Ductile Iron Pioe. Ductile iron pipe and ductile Iron pipe fittings shall be installed In conformance with the recommendations of AWWA C600, latest revision, for installation of Ductile Iron Water Mains and Their Appurtenances,' and In conformance with the Plans and Specifications. 5. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are set out elsewhere in these Specifications. 6. Trench Excavation. The construction of this project Is through an area underlain ' with broken chert and/or solid chart, sandstone or limestone. Rock excavation may be required in some instances. Such excavation shall be classified and paid for as set out elsewhere in these Specifications. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as 411-4 , ' Section 411 DIP W/L set out elsewhere in this Specification. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The alignment of the pipe in most areas is parallel to an existing 36 inch water transmission main. The Contractor must be aware at all times of the location of this existing line. The Contractor shall maintain on the construction site a ' Schonstedt Heliflux metal detector Model 6A -52B or equal, for located existing underground utilities in the vicinity of construction activity. 1 The Contractor shall proceed with caution in the excavation and preparation of the trench so that the location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such ' structures when broken or otherwise damaged. a. Trench Depth. The trench shall be excavated to at least 4 Inches below • the grade required to provide a minimum of 36 inches of pipe cover. This • pipe cover shall be measured and Is defined as follows. (1) Land Level Normal to the Direction of the Pip le ine. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ' ground surface. (2) Cut Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. • (3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. ' b. Trench Width. The excavated water line trench shall be in general conformance with the typical ditch section as shown on the standard detail ' sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. ' c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 300 feet, and trench excavated to grade shall not exceed 150 feet. Every trench in rock shall be fully opened at least 50 feet in advance of the ' place where pipe is being laid. 7. Ductile Iron Pipe Bedding. After the trench has been excavated as set out above, ' the ductile iron pipe shall have a bed prepared according to the type of area through which construction Is proceeding. ' 411-5 Section 411 DIP W/L J a. Pipe Bedding. The ductile Iron pipe shall be bedded in bedding material as specified elsewhere In these Specifications. The pipe shall be bedded from a point 4 inches below the bottom of the pipe barrel to the pipe springline by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense, except as provided In 411-C.8 below. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. r.: Jsi. . .: .:.. . 1.1thi it 111 : iu'hr Si . .: - .. . . I . .: .: 8. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade Is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe Is laid, the subgrade shall be made by backfilling with aggregate base course, Class 6, in 6 inch uncompacted layers. The layers shall be hand or machine tamped so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backdill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. 9. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or I L L I Li H I J I I 1 I I I I I I 411-6 I ' Section 411 DIP W/L 1 shoring whether it is withdrawn or left in the trench. 10. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron ' pipe water line be laid in a trench that has not been properly dewatered. 11. Deviations Occasioned by Other Structures. Whenever obstructions not shown Ion the Plans are encountered during the progress of the work and Interfere to such an extent that an alteration in the plan 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 obstruction. 12. Concrete Reaction Backing. All ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail ' sheet of the Plans. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. 13. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 14. Concrete Encasement. Where shown on the Plans or otherwise directed by the ' Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement Is required, it shall be provided and installed by the Contractor. Pipe joints shall not 'be encased for a distance of 2 feet either side of the joint. 15. Concrete Thrust Anchors. Where shown on the Plans or otherwise directed by the Engineer, concrete thrust anchors shall be constructed as shown in detail on the Plans. Actual dimensions of the anchors will be determined by the width of the trench at each location where an anchor Is to be constructed. ' 16. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed in accordance with these Specifications. • 17. Flushing. Sterilizing and Testing of Ductile Iron Pipe Water Lines. Newly laid water lines shall be flushed, sterilized and tested in accordance with these ' Specifications. ' 18. QiQfliJQ. Cleanup shall be in accordance with these Specifications. 411-7 Section 411 DIP W/L I 19. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made in accordance with these Specifications, as applicable. END OF SECTION I I I Liu I L F I I I E I I I 411-8 Section 413 Polyethylene Encasement TECHNICAL SPECIFICATIONS POLYETHYLENE ENCASEMENT The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. MATERIALS Polyethylene Encasement. Polyethylene shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided In either flat tube or sheet form, at the option of the Contractor. Polyethylene encasement shall be provided on all pipe, ductile iron or concrete, and fittings furnished and installed on this project. CONSTRUCTION Polyethylene encasement shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or C Installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. END OF SECTION I Section 414 Concrete W/L I TECHNICAL SPECIFICATIONS CYLINDER -LINED PRESTRESSED CONCRETE PRESSURE PIPE AND FITTINGS FOR WATER LINES (CONTRACT SECTION I ONLY) A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of cylinder -lined prestressed concrete pipe water lines. The work shall ' Include every item of construction necessary for a complete and acceptable Installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Cylinder -Lined Prestressed Concrete Pipe and Fittings. Unless otherwise shown on the Plans or specified, all pipe and pipe fittings furnished on this project may be cylinder -lined prestressed concrete pipe. ' This pipe design shall be based on the measured properties of the materials actually used to manufacture the pipe for this project. The manufacturer shall perform proof of design • testing to demonstrate compliance with the Specifications. One section of each size and class of pipe shall be fabricated in accordance with the submitted design and the requirements of this Specification. At age five to seven days from completion, this section shall be subjected to a hydrostatic test. During this test, the pressure shall be raised from 50 percent of the working pressure (PW) to 125 percent of P,,, in 10 pound increments, pausing at least five minutes at each increment. At 125 percent of Pw, there shall be no ' coating crack exceeding 0.004 inch at any location, nor a coating crack in the barrel exceeding 0.002 inch x 1 foot in length. The barrel is defined as the coated portion of the pipe exclusive of 3 inches at the spigot and 3 inches at the bell end. The pressure shall then be raised rapidly to the full working pressure plus the surge allowance, held for one minute, and then lowered to P,. There shall be no crack in excess of 0.003 inch at any location, nor a coating crack in the barrel ' exceeding 0.002 inch, nor any evidence of delamination at the working pressure. The exterior of the pipe shall be kept wet for 48 hours prior to the testing. During ' the entire period of the testing, the coating shall be in a surface dry condition. Prior to final approval of the pipe design by the Engineer, one pipe of each size and class shall be tested in three -edge bearing. Pipe may be less than standard length, as approved by the Engineer. Test information shall include the three - edge bearing load required for incipient cracking (the three -edge bearing load required to produce the first 0.01 inch crack) and the ultimate load. Tests shall ' be made in conformity with ASTM standard methods and all results shall be reported to the Engineer in writing. In the determination of the load to produce incipient cracking in this test, the expression "incipient cracking" shall be defined 'as and shall mean the first visible crack 12 inches long to appear on the concrete 414-1 Section 414 Concrete W/L I surface. These tests may be witnessed by the Owner and/or the Engineer at the place of manufacture. The pipe supplier shall provide affidavits certifying compliance with this provision. The test reports and samples required under Section 1.9 of AWWA C301 shall be submitted to the Engineer. The costs for all testing shall be borne by the pipe manufacturer. a. Pipe and Fittings. All cylinder -lined concrete pipe and fittings shall be manufactured in accordance with AWWA C301, latest revision, for 'Prestressed Concrete Pressure Pipe, Steel Cylinder Type, for Water and Other Liquids,' except as modified herein. Prestressing Wire. All prestressing wire shall be manufactured in the United States of America. The maximum wire temperature shall not exceed 360°F during the drawing operation. The pipe shall be based on the specified tensile strength of the wire class used, and that value shall not exceed the minimum tensile strength specified in ASTM A648 -88B for Class III wire. The minimum wire size shall be No. 6 gauge. Certificates of compliance with these provisions shall be provided by the wire manufacturer. C. Steel Cylinder. The minimum nominal thickness of the steel cylinder shall be 16 gauge (0.0598 inch). L C I I I I I Polyethylene Encasement. This pipe shall be installed with polyethylene encasement as specified in Section 413 of these Specifications. I e. Loads and Pressure Classes. All pipe and fittings shall be designed to withstand compacted earth loadings as applied according to the conditions set cut on the Plans with an AASHTO HS -20 truck live load, The external loading shall be based on a soil density of 120 pounds per cubic foot and a bedding factor of 1.3. The pipe manufacturer shall design all pipe and fittings (including thrust collars at the locations shown on the Plans) for the working pressure shown on the Plans (in no case Less than 150 psi), plus a surge allowance as set out below: Pipe Diameter 36" 42" Surge Pressure 100 psi 100 psi For surge allowances for pipe sizes not specified above, an allowance of 100 psi will be used. L I L 1 I I Li 1 ' Section 414 Concrete W/L Where no working pressures are shown on the Plans, the pipe ' manufacturer shall use a minimum working pressure of 150 psi. I. Specials and Fittings. All specials and fittings shall be built to the details furnished by the manufacturer after submittal to the Engineer for review. Specials and fittings shall be designed for the same working pressure conditions as specified for the pipe. ' g. Restrained Joints. Mechanically restrained joints, where specified or shown on the Plans, must be of the type that provides uniform bearing around the ' full 360 degrees of the joint circumference. Joints which provide restraint by virtue of concentrated point loads which permanently deform portions of the joint metal will not be acceptable. ' No welded joints will be allowed. ' h. Marking. Each special, fitting, or joint of pipe shall be plainly marked to Indicate where the pipe will be used by reference to the layout drawings. The pipe special, or fitting, shall also have the design working pressure in ' pounds per square inch clearly marked on the pipe. The design working pressure is defined as the working pressure plus the surge pressure allowance specified above. 2. Mortar. Mortar for filling the outside pipe recess and the annular space on the inside joint shall consist of one part Portland cement and three parts sand mixed with water as required or as recommended by the pipe manufacturer. 3. Pipe Outlets. Outlets suitable for use with ductile iron pipe shall be provided on ' pipe as shown on the Plans. Where the working pressure shown is less than or equal to 200 pounds per square inch, the bosses shall be outlets designed in accordance with AWWA C301-84, Sec. 4.4, with flanges designed in accordance with AWWA C207-86, or AWWA C111 mechanical joint connection as indicated on the Plans. Where the working pressure shown exceeds 200 pounds per square inch, the bosses shall be foundry fabricated and be faced and tapped for ' ANSI 816.1, Class 250 flange connections. 4. Pipe Bedding Material. Material used for bedding cylinder -lined prestressed ' concrete pressure pipe shall be select material from the excavated trench or other approved source. The material shall be free of rock larger than 2 inches and other debris. ' 5. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required, shall be aggregate base course, Class 6, as defined in Section 303 of the 1991 Edition of the Arkansas State Highway Department Specifications. The crushed ' limestone supplier shall submit certificates stating that the materials provided are in conformance with these Specifications. 1 414-3 Section 414 ' Concrete W/L 6. Concr9j. Concrete used for reaction backing, pipe cover, or pipe encasement shall be in conformance with the Concrete section of these Specifications. i 7. Affidavits of Compliance and Independent Laboratory Inspection. All cylinder -lined prestressed concrete pipe and pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also ' fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not In compliance. The Owner will pay the cost of the testing and sampling U the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. C. CYLINDER -LINED PRESTRESSED CONCRETE PRESSURE PIPE WATER LINE CONSTRUCTION 1. eneral. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines, grades and top of pipe elevations shown on the construction Plans with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. The , Contractor shall provide survey layout to maintain the required grades and alignments. The Contractor shall provide the Engineer with a written tabular list of layout cuts, station locations and hub offsets for all pipe laying. The required I tabular list for any given segment of the pipeline shall be provided to the Engineer at least one working day in advance of excavation of the segment in question. 3. Creek or River Crossings. All creek and river crossings as set out on the Plans or as specified, shall be constructed as set out elsewhere in these Specifications. 1 414-4 ' Section 414 Concrete W/L 4. Prestressed Concrete Water Pipe Installation. It is important that a uniform ' bedding be prepared for the pipe immediately before laying. The Contractor shall use a laying square or some other satisfactory tool to check the bedding before the pipe is laid. A small ditch is to be dug across the trench below the grade at the midpoint of the pipe to be laid to facilitate the removal of the cable sling used in handling the pipe. ' Another ditch is to be dug across the trench at the far end of the pipe to be laid to allow for the placement of a wrapper of the quality manufactured by Mar -Mac Manufacturing Company, or approved equal, which is to be placed under the • joints. This band is used to keep the joint recess clean during backfilling and to assist in pouring the outside mortar joint. After the trench is prepared to receive the pipe, the pipe is to be lowered into the trench with machines of adequate capacity to handle the loads safely, and which will prevent damage to the joints, or the inside or outside surfaces of the pipe. The bell of the pipe already laid and the spigot of the pipe to be laid is to be cleaned just prior to joining the pipes, and the rubber gasket is to be stretched over the spigot and placed in the annular spigot groove. The gasket, bell and spigot shall be thoroughly lubricated with a coating of the lubricant supplied by the pipe manufacturer before the gasket is placed in the spigot groove. Extreme care is to be taken in pushing or pulling the spigot of the pipe into the bell of the pipe already laid to prevent damaging the gasket. During joint make-up, the pipe being lowered into the trench shall be supported so the jointing effort is a straight pull -in. The jointing effort shall be aided with come-alongs, winches, dead man, or backhoe. The position of the gasket shall be checked with a feeler gauge as supplied by the pipe manufacturer. If the gasket is not in place, the joint must be opened and relaid using a new gasket. When the gasket is found to be in the proper position with the feeler gauge, the joint can be finished as described below. When a joint opening is needed to make a grade or alignment adjustment, the joint shall be laid home first, then opened as required on one side. All joint openings must be within the recommended limits of the pipe supplier. The outside recess between the abutting pipes is to be completely filled with grout ' consisting of one part cement and three parts sand. A wrapper of the quality manufactured by Mar -Mac Manufacturing Company, or approved equal, is to be laid under the joint to act as a form. This strip is to be brought up around both sides of the pipe as the backfilling of the trench is being done to prevent dirt from getting into the recess. When the backfill has reached the level of the centerline of the pipe, the grout is to be poured into the bottom half of the joint. The 'remainder of the joint shall be filled after the backfill has reached the top of the pipe. I ' 414-5 Section 414 ' Concrete Wit The Contractor shall utilize zinc metalized joints in lieu of wiping the inside joints with cement mortar. ' 5. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are set out elsewhere in these Specifications. 6. Trench Excavation. The construction of this project is through an area underlain with broken chart and/or solid chert, sandstone or limestone. Rock excavation may be required in some instances. Such excavation shall be classified and paid for as set out elsewhere in these Specifications. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far In advance of pipe laying as set out in paragraph c below. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, ' drains or sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged because of carelessness on , his part. a. Trench Depth. The trench shall be excavated to at least 4 inches and not ' more than 6 inches below the grade required to provide a minimum of 36 Inches of pipe cover. This pipe cover shall be measured and is defined as follows. 1) Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 2) Cut Sections. A minimum of 36 inches of cover shall be required. , This cover shall be measured from the lop of the pipe barrel to the adjacent low surface of the right of way. 3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall be in general conformance with the typical ditch section as shown on the standard detail , 414-6 ' Section 414 Concrete W/L i sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding material aggregate base course, Class 6 or concrete as necessary to prevent crushing of the water pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the ' Contractor's expense. c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 300 feet, and trench excavated to grade shall not exceed 150 feet. ' Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. ' 7. Concrete Pressure Pipe Bedding. After the trench has been excavated as set out above, the concrete pressure pipe shall have a bed prepared according to the type of area through which construction is proceeding. a. Pipe Bedding. The concrete pressure pipe shall be bedded in a bedding material of good earth, sand, or gravel, free from large stones or organic material. The pipe shall be bedded from a point 4 inches below the bottom of the pipe barrel to the pipe springline by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Pipe Bedding (Driving Surfaces. Curb and Gutter, or Areas Underlain by Solid Rock). Where the water line excavation is within the limits and approximately perpendicular to or crossing curb and gutter or driving surfaces, including paved and unpaved roads, driveways or parking lots, the bedding material shall be aggregate base course, Class 6. Where the bottom of the trench is solid rock, the pipe bedding material shall be aggregate base course, Class 6 crushed limestone. All ' overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The bedding material shall be aggregate base course Class 6. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. 1 414-7 Section 414 , Concrete W/L 1 8. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade Is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe Is laid, the subgrade shall be made by backfilling with aggregate base course Class 6 in 6 inch uncompacted layers. The layers shall be hand or machine tamped so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. 9. Bracing and Shoring. The sides of any excavation, when deemed necessary, 1 shall be properly supported with bracing, sharing or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left In place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. 10. Removal of Water and Muck. The Contractor shall provide sufficient pumps and ' other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will concrete pressure pipe water line be laid in a trench that has not been properly dewatered. 11. Deviations Occasioned by Other Structures. 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 plan 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 obstruction. 12. Concrete Reaction Backing. All concrete pressure pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. 13. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 414-8 1 I Section 414 Concrete W/L I i I 15. Concrete Thrust Anchors. Where shown on the Plans or otherwise directed by the ' Engineer, concrete thrust anchors shall be constructed as shown in detail on the Plans. Actual dimensions of the anchors will be determined by the width of the trench at each location where an anchor is to be constructed. 16. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed in accordance with these Specifications. i17. Flushing. Sterilizing and Testing of Concrete Pressure Pipe Water Lines. Newly laid water lines shall be flushed, sterilized and tested in accordance with these Specifications. 18. Cleanup. Cleanup shall be in accordance with these Specifications. ' 19. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made in accordance with these Specifications. 1 14. Concrete Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the' joint. Li IEND OF SECTION L; I I I 1 414-9 ' Section 415 36" Connection to Surge Tank I TECHNICAL SPECIFICATIONS SURGE TANK - 36 INCH CONNECTION AT STATION 190+00 A. GENERAL The Contractor shall construct the 36 inch connection to the 235,000 gallon steel surge 1 tank at Station 190+00. This connection shall be constructed in accordance with details shown on the Plans. Design and installation of the 36 inch steel pipe connection and the steel reinforcing plate at the tank shall be performed by a qualified steel tank builder. The paint used in the repainting of all areas damaged by the installation of the tie to the surge tank shall comply with NSF Standard 61. After installation of the 36 inch steel pipe and reinforcing plate and before placing the tank back into service, the Contractor shall repair the interior and exterior coating systems of the surge tank. The painting shall be done by a competent organization with craftsmen and supervisory personnel experienced in this type of work. ' It Is the responsibility of the Contractor to provide adequate exhaust systems and other safety precautions as are necessary for the safe application of the paint inside the tank as specified. The Contractor shall schedule his activities such that the water tank will not be out of service for more than 15 days. The tank cannot be taken out of service after March 15, ' 1993, unless the new pipeline being installed as a part of this project is operational and turned over to the Owner for use. Therefore, if it is necessary to do the work after April 1, 1993, the Contractor will be required to delay this work until such time as the new pipeline is operational. B. CLEANING. BLASTING AND PAINTING ' The area of tank coating damaged by installation of the 36 inch connection shall be cleaned and painted in accordance with the American Water Works Association (AWWA) Specification D102-78, or latest revision thereof. For the purpose of establishing the L required level of quality, Tnemec protective coatings have been specified herein. However, the "or equal" clause of the Standard General Conditions shall apply. 1. Inside Coating System. AWWA D102-78, Inside Paint System No. 1, as modified herein. ' a. Surface Preparation. Blast all surfaces to SSPC-SP-10 "Near White Grade" using a crushed and graded aggregate to produce a "blast profile" of not more than 1.5 mils. ' 415-1 Section 415 ' 36" Connection to Surge Tank b. Prime Coat. Tnemec Series 139-1255 Beige Pota-Pox II. Apply at the rate of 150 square feet/gallon to produce 5.0 mils dry film thickness minimum. I c. Finish Coat. Tnemec Series 139-AA90 White Pota-Pox II. Apply at the rate of 150 square feet/gallon to achieve 5.0 mils dry film thickness I minimum. NOTE: Total dry film thickness for the above system is 10.0 mils minimum. , 2. Outside Coating System. AWWA D102.78, 0-1-W or S, as modified herein, a. Surface Preparation. Blast to SSPC-SP-10 "Near White Grade* using a ' crushed and graded aggregate to produce a "blast profile" of not more than 1.0 mils. I b. Primer. Tnemec Series 37-77 Red Chem -Prime. Apply at 325 square feeVgallon to produce 2.0 mils dry film thickness minimum. c. First Finish Coat. Tnemec Series 43-38 Diffused Aluminum Alkyd (color to be selected by Engineer). Apply at 370 square feet/gallon to produce 1.5 mils dry film thickness minimum. d. Final Finish Coat. Tnemec Series 43-38 Diffused Aluminum Alkyd (color to be standard aluminum). Apply at 370 square feet/gallon to produce 1.5 mils dry film thickness minimum. NOTE: Total dry film thickness for the above system is 5.0 mils minimum. L C. AIR RELEASE VALVE INSTALLATION The Plans show the details of a Type I air release and vacuum valve installation to be Installed at the surge tank site. A part of this installation requires a connection be made to the existing 36 inch ductile iron pipe water line near the surge lank. Since it will be necessary for the 36 inch water line to be out of service during the time that the tie is made at Station 4+00, the Contractor will schedule his work such that the tap on the existing 36 inch line at the surge lank can be made simultaneously with the major connection at Station 4-00. The portion of the air release valve assembly that vents air from the existing 36 Inch water line must be in place and operational prior to taking the , surge tank out of service. D. DISINFECTION After all painting work is complete, the Contractor shall wash the bottom of the tank with a chlorine solution of at least 50 parts per million. After cleaning in this manner, the Contractor shall disinfect in accordance with Section 4 of AWWA Specification D105-80, "Third Method," as set cut below. Upon filling the tank, the Owner will submit to the State Department of Health the necessary samples to be tested before placing the tank , in operation. 415-2 1 ISection 415 36" Connection to Surge Tank 1 Water and chlorine shall be added to the storage facility in amounts such that initially the 1 solution will contain 50 mg/I available chlorine and will fill approximately 5 percent of the total storage volume, and this solution shall be held in the storage facility for a period of not less than six hours. The storage facility shall then be filled to the overflow level by flowing potable water into the highly chlorinated water, and shall be held full for a period of not less than 24 hours. All highly chlorinated water shall then be purged from the drain piping. Then, subject to satisfactory bacteriological testing and acceptable aesthetic quality, the remaining water may be delivered to the distribution system. Chlorine shall be added to the storage facility by the method described in Section 4.1.1, Section 4.1.2 or Section 4.1.3. The actual volume of the 50 mg/I chlorine solution shall be such that after the solution is mixed with filling water and the storage facility is held full for 24 hours, there will be free chlorine residual of not less than 2 mg/I. The surge tank does not fill with water under normal system operation and there are no taps on the existing water line in the vicinity of the tank. The surge tank will be isolated from the existing 36 inch water line during the connection and repair. The details of the air release and vacuum valve assembly to be installed at the surge ' tank site shows a 4 inch tee to be installed for the purpose of furnishing water that will be needed to fill and sterilize the surge tank. The Contractor shall provide a booster pump capable of delivering a minimum of 50 gallons per minute against 100 feet of total head, and the necessary valves, connections and piping to connect the booster pump to the 4 inch connection referred L to above, and to pipe the water to the top of the surge tank so that it may be discharged through the manway opening at the top of the tank. I IEND OF SECTION I I I I 1 415-3 Section 450 Gate/BF Valves TECHNICAL SPECIFICATIONS GATE VALVES AND BUTTERFLY VALVES A. GENERAL The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and Incidentals necessary for the installation of gate valves and butterfly valves. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS Valves specified in this section are Intended for buried use on water distribution lines, for use as auxiliary valves for fire hydrants, and for use within structure walls. Unless otherwise shown on the Plans, all valves 12 inches (nominal diameter) and larger shall be butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be gate valves. 1. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide In the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for approval by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the ' certified drawings after they have been approved by the Engineer. 2. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be non -rising stem gate valves, in conformance with the requirements of AWWA C509, latest revision, for 'Resilient Seated Gate Valves, 3 Through 12 NPS, for Water and Sewage Systems.' All gate valves shall be Mueller resilient seat gate valves, Catalog No. A 2370-20, or approved equal, and shall be designed for 200 psi working pressure. a. Stem Seal. All gate valves shall have 'O' ring stem seals. The "O' ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure In the full -open position. I b. Valve Ends. All gate valves shall have standard mechanical joint ends unless tapping valves, valves with flanged ends, or valves of a special ' nature are indicated on the Plans. c. Operation. All buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left (counterclockwise) as viewed from the top. Where 1 450-1 Section 450 , Gate/BF Valves I shown on the Plans or specified, handwheels in conformance to AWWA C509 shall be provided. i d. Interior Protective Coating. The interior of the valve shall have a protective interior coating in compliance with AWWA C550, latest revision, for Protective Interior Coatings for Valves and Hydrants.' Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used In its construction conform to the requirements of AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 3. Butterfly Valves. All butterfly valves furnished and installed shall be Class 150B In conformance with the requirements of AWWA C504, latest revision, for •Rubber Seated Butterfly Valves." All butterfly valves shall be groundhog type, as furnished by Henry Pratt Company, or equal. a. Bey. The valve body shall be constructed of cast iron ASTM A-1 26, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be In strict accordance with AWWA C504, latest revision, Class 1506. b. Valve Seats. All butterfly valves shall be of the tight closing, synthetic l rubber -seat type, as follows. 1) Valves 20 inches (nominal diameter) and smaller shall have bonded , seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM 0429, Method B. 2) On valves 24 inches and larger, all seats shall be of a synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, segments, screws or hardware of any kind In the flow stream. Seats shall be a full 360° without interruption and have a plurality of grooves mating with a spherical disc edge seating surface. Valve seats shall be field adjustable around the full 360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Manufacturer shall certify that rubber seat is field replaceable. c. Valve Discs. Valve discs shall be as follows. I 450-2 1 ' Section 450 Gate/BF Valves 1 1) Valves 12 inches through 20 inches nominal diameter: Valve discs 1 shall be constructed of alloy cast iron ASTM A-436, Type 1. 2) Valves 24 inches nominal diameter: Valve discs shall be cast iron with a stainless steel seating edge. 3) Valves 30 inches through 48 inches nominal diameter: Valve discs shall be ductile iron with a stainless steel seating edge. d. Valve Shaft and Bearings. The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. e. Qperator. The valves shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial. The operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. f. P in n . All valves shall be painted in accordance with AWWA C504, latest revision. g. ]kg. The valve shall be hydrostatically tested at 150 psi for leakage in accordance with AWWA C504, latest revision. h. Affidavit f Compliance, The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C504, latest revision, and that all tests specified therein have been performed and that 1 all test requirements have been met. 4. Outside Coating. All gate or butterfly valves shall have either a bituminous exterior coating or shall be delivered to the site factory cleaned and primed as set out below. a. Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF L Primer, or approved equal. b. Bituminous Coating. All valves indicated for buried service shall have a bituminous coating in accordance with applicable AWWA Standards. 5. Valve Boxes. All buried valves shall be equipped with cast iron valve boxes. The valve boxes, including all appurtenances, shall be cast iron. The valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word WATER.' All valve boxes shall be compatible with the gate or butterfly valves for which they are provided. 450-3 Section 450 ` Gate/SF Valves 1 The manufacturer shall submit three sets of drawings prior to delivery for approval by the Engineer, showing the principal dimensions, construction details, and materials used In construction of the valve box. Contractorprovide • .•• :p�4 l!44ti11K1. k's' : I ; 111!:I .1 ;j.1MM.t;!.!C 1 s . All valves shall be Installed at the locations shown on the Plans or at the direction of the , Engineer, and shall be installed In accordance with the detail sheet of the Plans and these Specifications. 1. Valve Installation. Gate and butterfly valves shall be Installed In accordance with AWWA C600, latest revision, Sections 3.3 and 3.6• and with either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. 2. Visual Inspection. Prior to installation, all valves shall be visually Inspected for defects, and any foreign material in the valve interior removed. 3. Valve Boxes. A valve box as specified shall be provided for each valve used in ` a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished pavement. The valve box shall be backfilled evenly around its perimeter with select material. The material shall be hand tamped so that the ground will not , settle after placement of the concrete collar. 4. Valve Box Collar. All valve box lids shall have an 18 Inch square concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 6 Inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be , constructed until every item of cleanup has been completed. 5. Dead Ends. Valves located at the end of pipelines shall have ductile Iron plugs or caps with or without blowoff cocks as shown on the drawings. All dead end valves shall be restrained or blocked as shown on the Plans. i END OF SECTION 450-4 1 ' Section 461 Backfilling TECHNICAL SPECIFICATIONS PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for backfilling areas excavated during the construction of manholes, water lines, valves, fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable Installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled In accordance with other sections of these 'Specifications. B. MATERIALS Crushed Stone Backfill. Crushed stone backfill (where specified or directed by the Engineer) shall be aggregate base course, Class 6, as defined in Section 303 of the 1991 Edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION Areas excavated for the construction of manholes, water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled In accordance with these Specifications. 1. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the pipe shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be completely free of rock larger than 2 inches, the trench may be machine backfilled. Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use crushed limestone or other select material to a depth of 6 inches above the top of the pipe. The trench may then be backfilled as outlined below. 2. Backfilling. After the pipe protection cover has been placed, the trench excavated areas around manholes, valves, fittings, fire hydrants and other appurtenances shall be backfilled with excavated material free from rock larger than 12 Inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around manholes, valves and hydrants to assure that the backfill material is placed evenly around the perimeter of the appurtenance. 461-1 Section 461 1 Backfilling 1 a. Compaction. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically - powered vibratory trench compactor or other equivalent equipment. All trench backfill (except under paved areas) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. In areas where the trench crosses a street, parking lot or driveway, the material shall be compacted to a minimum of 95 percent of that of the adjacent soils. Crushed stone trench backfill where required shall be compacted to , 95 percent modified Proctor density (ASTM D1557-78). The density of backfill material, Including crushed stone trench backfill, shall ' be determined at locations selected by the Engineer at no less than 500 foot Intervals. Two additional tests will be made for each test failure at approximately 100 feet either side of falling test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved will be tested at various depths below grade. Unpaved roadway surfaces shall be tested at 12 Inches below finished grade. The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory. b. Lawns. Gardens and Other Well-KeDt Areas. After the pipe protection , cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 Inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsolling requirement, the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement, it is the intent of these Specifications to ensure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, It will be the responsibility of the Contractor to repair the settled areas. c. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph b above, xcQQQt that it Is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. However, if the Contractor allows the material excavated from the top 6 Inches of the trench to become mixed with the remaining excavated material, he shall haul in additional topsoil of the highest quality material to replace the top 6 inches. If the Contractor Is required to haul in additional material, he shall haul in good grade topsoil (free of roots, weeds, clay and I rocks) and shall do so without additional cost to the Owner. 461-2 1 Section 461 Backfilling 3. d. Steep. Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to ensure that the backfilI has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. - Cleanup. Cleanup shall be as specified elsewhere in these Specifications. END OF SECTION 461-3 Section 462 Testing/Disinfection I TECHNICAL SPECIFICATIONS FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. B. MATERIALS Water. Water for flushing, testing and disinfecting all facilities will be supplied by the Owner. The Contractor shall schedule and coordinate this work to ensure that it will not be carried on during periods of high water usage. IC. FLUSHING. TESTING AND DISINFECTION After completion of construction of all water lines, the Contractor shall flush, test and disinfect the new water lines as set out below. The Contractor shall carefully manage his flushing, testing and disinfection activities to minimize the wastage of water. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. If the Contractor requires additional amounts of water due to water line breaks, neglect on the part of the Contractor, or poor management of his activities, water shall be purchased from the Owner at their bulk rate. 1. Flushing. The Contractor shall fill and flush the newly constructed lines and visually check all combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. • 2. Hydrostatic Testing. All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted after the line is completed and backfill made. Ia. Test Pressure and Duration. Test pressure shall not be less than 1.25 times the working pressure at the highest point along the test section or a L minimum of 150 psi, whichever is greater. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds per square inch at the test point for a period of two hours. 1 b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has 1 462-1 Section 462 , Testing/Disinfection I been filled with water. The Contractor shall be responsible for providing all pumps, equipment and I appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line in order to maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage Is within the specified allowance. 3. Disinfection. After successful testing, the Contractor shall empty the line of water. The line shall then be disinfected in accordance with AWWA C601, latest revision, for 'Disinfecting Water Mains,' continuous feed method, except that the placing of hypochlorite granules Into the main during construction will not be permitted. The transmission line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete, the Contractor shall then flush the sterilizing solution from the lines, and the treated water lines will then be placed Into service. The Contractor shall furnish personnel to assist the Owner in the operation of all valves, etc., to initially start up the system. 5. Acceptance. Upon successful completion of the sterilization, the dynamic test, and final cleanup, this contract will be considered complete. I END OF SECTION ' 1 LT 462-2 1 Section 472 Fire Hydrants TECHNICAL SPECIFICATIONS iFIRE HYDRANTS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable Installation as shown on the Plans and hereinafter specified. B. MATERIALS ` 1. Catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings afIt they have been reviewed by the Engineer. 2. Fire Hydrants. All fire hydrants furnished and Installed on this project shall be dry barrel hydrants in conformance with AWWA C502, latest revision, for 'Dry Barrel Fire Hydrants, and shall be designed for a working pressure of 150 pounds per square inch gauge. Pressure class 150 fire hydrants shall be three-way, painted red above ground line. Three-way hydrants shall be Mueller Centurion hydrants, Catalog No. A-423. a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10. latest revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. • c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch connecting pipes. d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped with a two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for a minimum 42 inch bury. However, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. 1 472-1 Section 472 I Fire Hydrants I e. N zzles. Three-way hydrants shall be equipped with two 2-1/2 Inch hose nozzles and one 4 Inch pumper nozzle. I 1. Operating Nut. The operating nut shall be a nominal 1-112 inch pentagon, National Standard operating nut designed to open left (counterclockwise). g. Sammy Stem Coupling and Safety Flange. All fire hydrants shall be equipped with a safety stem coupling and flange which are Intended to fail upon vehicle Impact without damage to the stem or main valve. Ii. Testing. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. I. Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery, an affidavit stating that the fire hydrant and all materials used in fts construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have ' been performed and that all test requirements have been met. 3. Auxiliary Gate Valves. Valve Boxes. and Valve Box Collars. All fire hydrant Installations shall have auxiliary gate valves, valve boxes, and valve box collars meeting all provisions specified elsewhere in these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe between the mechanical joint end of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length shown on the Plans and shall be a locked hydrant adapter so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall be in conformance with the Concrete section of these Specifications. There is additional pay for concrete for reaction backing or for valve box collars. C. CONSTRUCTION I All fire hydrants shall be installed at the location shown on the Plans or at the direction ' of the Engineer and shall be Installed in accordance with the detail sheet of the Plans and these Specifications. 1. Examination of Material. Prior to installation, all hydrants shall be inspected for ' direction of opening, cleanliness of Inlet elbow, handling damage, and cracks. 2. Placement. All hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper I nozzle facing the curb. 1 472-2 ' ` Section 472 Fire Hydrants I Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer. 3. Location. Unless otherwise shown on the Plans, the hydrants shall be placed as follows. a. When placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 Inches from the gutter face of the curb. b. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. 4. Connection to Mains. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. 5. Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that Is pervious, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. t6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set In clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to a sewer. 7. Reaction Backing. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. I END OF SECTION I 472-3 Section 475 Air Release & Vacuum Valve TECHNICAL SPECIFICATIONS AIR RELEASE AND VACUUM VALVE ASSEMBLIES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of combination air release and vacuum valve assemblies. The work shall include every Item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS ` 1. Manholes and Vaults. All manholes and vaults housing the valve assemblies shall be cast -in -place or precast reinforced concrete manholes and vaults as set out below. a. Cast -In -Place Manholes. Cast -in -place manhole walls shall be constructed of nonreinforced concrete meeting the requirements of the Concrete section of these Specifications. 1) Manhole Diameter and Wall Thickness. Each manhole shall have an inside diameter as shown on the Plans with an 8 inch wall thickness. 2) Manhole Top. The manhole shall have a flat slab top constructed of steel reinforced concrete. b. Precast Manholes. All precast manholes shall be manufactured in conformance with ASTM C478, latest revision, for "Precast Reinforced Concrete Manhole Sections," and shall be as manufactured by Hardwall Fabricators, Inc., Rose Con Pipe of Springfield, Inc., or approved equal. 1) Manhole Diameter and Wall Thickness. Each manhole shall have an inside diameter as shown on the Plans and have a designed wall thickness depending upon the required depth of bury. 2) Manhole Top. The manhole shall have a flat slab top constructed of steel reinforced concrete. The top shall be equipped with lifting eyes and have an opening compatible for use with the manhole bolted ring and lid as specified. 3) Joint Sealer. The Contractor shall provide a watertight preformed flexible plastic gasket joint sealer, 'Ram -Neck," or approved equal. 4) Affidavit of Compliance and Assembly Drawings. The manufacturer shall furnish to the Engineer prior to delivery an affidavit stating that 475-1 Section 475 ' Air Release & Vacuum Valve .. 1 all materials used in the construction of precast manhole sections are in compliance with the requirements of ASTM C478, latest revision, and that all tests specified therein have been performed. The manufacturer shall also submit prior to delivery three sets of certified drawings for approval by the Engineer. The drawings shall show the principal dimensions, doghouse locations, construction details, depth, and materials used for construction of the manhole for each location. 1 2. Watertight Manhole Rings and Lids. All castings for manhole frames, covers and other purposes must be of tough gray Iron, free from cracks, holes, swells and cold shuts, shall be of workmanlike finish, and shall conform to the Plans. The quality shall be such that a blow from a hammer will produce an Indentation on a rectangular edge of the casting without flaking the metal. Before leaving the foundry, all castings shall be thoroughly cleaned and subjected to a hammer inspection. Manhole rings and lids shall have a combined weight of not less than 300 pounds t and shall be In accordance with the dimensions shown on the Plans. The manhole frame and lid shall be of watertight construction with gasket seals , and bolted covers. Bolts shall be stainless steel, brass, or equal. 3. Pipe and Pies Fittings. Pipe shall be of the type shown on the Plans or specified r in conformance to the Pipe Sections of these Specifications. 4. Gate Valves. Gate valves shall be as set out elsewhere in these Specifications L and shown on the detail sheet of the Plans. 5. Steel Pioe and Pipe Fittings. Steel pipe shall be Schedule 40 welded or seamless steel pipe. All fittings and joints shall be seal welded unless otherwise shown on the Plans. Spot welding will not be allowed. 6. Combination Air Vacuum/Air Release Valves. The Contractor shall provide and install slow closing combination air release valves according to the size shown on the Plans and these Specifications. All valves shall be manufactured by Apco Valve and Primer Corporation. All air and vacuum valves shall be equipped with Integral surge check units. Combination air release and vacuum valve shall be the same for both Type I and Type II installations. iz Valve 4" Apco Model 1604/152 with No. 200 A Air Release All combination air release and vacuum valves shall be shipped completely piped ' and assembled. The valve inlet shall be flanged and designed for use with ANSI B16.1 Class 125 flanges where working pressures are 200 pounds per square ' Inch or less. 475-2 1 L] Section 475 Air Release & Vacuum Valve I I L I LI I C L L L I I I I 7. Crushed Limestone. Crushed limestone aggregate shall be provided as shown on the Plans. The aggregate shall be of the size passing a 2 Inch sieve and retained on a 1-1/2 Inch sieve. 8. Manhole Steps. Manhole steps shall be 10 Inches wide and shall be constructed of steel reinforced fiberglass. Manhole steps shall be Perma-Step Model 100-2 as manufactured by Utility Products, Inc., or equal. 9. Painting Ferrous Metals Above Grade. All above -ground vent piping from the air release valve installations shall be painted as follows: Field Primer: As required, Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer. Finish Coat(s): Rustarmor 500 Speed. 10. Painting Ferrous Metals Below Grade. All underground vent piping from the air release valve installations shall be coated as follows: Prime Coat: None. Finish Coat: 1 coat (heavy) Bitumastic 300-M. 11. Paint Color. Colors not specified or indicated on the Plans shall be as selected by the Engineer. C. CONSTRUCTION 1. Location and Grade. Air release and vacuum valves shall be located as generally set out on the Plans. However, the exact location of the valve assembly shall be determined in the field. Pipeline shall be laid on a positive grade approaching the air release and vacuum valve assemblies and on a negative grade leaving the assemblies. 2. Excavation for Manholes and Vaults. Excavation for manholes and vaults housing the air release and vacuum valves will be made of such dimension and depth as to allow the construction of the manhole and vault as shown on the Plans. No extra payment shall be made for excavation, and all surface removal shall be as set out elsewhere in these Specifications. 3. Qjjjjg. On cast -in -place manholes and vaults, curing compounds or covers may no be used. However, it will be the responsibility of the Contractor to protect the concrete to prevent cracking during the curing process and to protect the manhole and vault during freezing temperatures. 4. Backfilling. All structures shall be backfilled even around their perimeter no less than 12 hours after the forms have been removed. Extra care shall be taken to compact all backfill to the top of the highest pipe entering the structure. Backfill 'shall be graded so that drainage is away from the structure in all directions. El 475-3 Section 475 1 Air Release & Vacuum Valve 5. Type I Air Release and Vacuum Valve. Type I installations are at the locations of the existing air release valves. The new installation shall be installed adjacent to or opposite the existing ARV vault as determined in the field. The installation shall be constructed as detailed on the Plans. One new ARV shall be piped into the new water line. The remaining ARV shall be piped to a point outside the manhole and temporarily plugged. After the new water line has been placed into service, the existing 3 inch air release valve assembly and vault shall be completely removed and the new 4 inch piping and 4 inch gate valve shall be connected to the existing 36 inch water line. The new piping layout shall vary with each installation. The valve boxes shall have a 3 foot x 3 foot x 6 foot concrete pad poured around the top of the valve box and shall be flush with the ground. i D. SURGE TANK The Contractor's attention is called to Section 415 of these Specifications regarding the schedule for installation of the air release and vacuum valve at the surge tank site. The Contractor is also made aware of the fact that a special tee is required as a part of the installation for the surge tank site which is not required on other installations. This installation also requires that a 4 inch tap be made on the existing 36 inch water line at the surge tank site. The tap shall be made when the pipeline is taken out of service in order to make the connection at Station 4+00. The connection shall be made to the 36 inch line with a 36 inch x 4 inch triple strap, pressure class 250, ductile iron, 4 inch flanged tapping saddle, or approved equal. I END OF SECTION I I I I Ii 475-4 1 I Section 487 Pipeline Cleanup/Seeding I I Li I I J TECHNICAL SPECIFICATIONS PIPELINE CLEANUP AND SEEDING A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Seeding and placing of straw mulch shall not be done during the period of June 15 through September 15. There is no separate pay item for cleanup and this work shall be considered subsidiary to the unit price bid for pipe. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, ' steep rocky slopes, or other areas where it is not practical for the area to be cultivated. Special Cleanup. As specified in detail in paragraph B.4. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined above shall be as set out below. 1. Class I Cleanup - Lawns. Gardens. Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 30% Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 10% The Contractor shall modify this seed mixture to conform to any special requirements of property owners provided to the Contractor in writing. 487-1 Section 487 1 Pipeline Cleanup/Seeding 1 During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Straw mulch shall be placed by a suitable machine which mixes the mulch with an asphaltic binder prior to placement of the mulch on the ground. I Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the water line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shalt be responsible for providing and installing new ground cover of the existing type to complete the cleanup. 2. Class II Cleanup - Fields. Meadows. Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface aver the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% The Contractor shall modify this seed mixture to conform to any special ' requirements of property owners provided to the Contractor in writing. After the area has been accepted, it shall be seeded at the rate of 0.15 pounds ' per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. I 487-2 , Section 487 Pipeline Cleanup/Seeding Where the existing field grass is Bermuda, or other type not specified above, the 1 Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Straw mulch shall be ' placed by a suitable machine which mixes the mulch with an asphaltic binder prior to placement of the mulch on the ground. ' 3. Class III Cleanup - Steep. Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all j damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. The area of the trench line shall then be seeded and fertilized at the rate of ' 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Straw mulch shall be placed by a suitable machine which mixes the mulch with an asphaltic binder prior to placement of the mulch on the ground. 4. Special Cleanup and Restoration Requirements a. The pipeline route crosses several gardens under active cultivation. Two of these gardens are shown on the Plans at Stations 123+00, 338+00 and 488+00. The Contractor shall use special care in segregating the full depth of topsoil removed in crossing these gardens and to carefully replace the ' segregated and, if necessary, additional rich topsoil to restore these gardens to their original condition. The owners of five properties on which construction will occur have obtained commitments from the Owner that trees removed during the course of construction will be salvaged for their use. The Contractor shall 'salvage any trees removed on the indicated properties as follows: Colpitt Property (Station 129+50). Walnut trees removed shall be cut for firewood and placed at edge of easement. Phipps Property (Station 130+00). Large post oak to be removed will be 'topped out with tops to be piled for property owner to recover. The trunk 487-3 Section 487 Pipeline Cleanup/Seeding 1 Is to be butt cut for removal by sawmill personnel. McEvoy Property (Station 200+00 to 206+00). minimize the cutting of trees. Those removed shal west side of the easement for property owner to recover. Moody Property (Station 207+00 to 209+00). Junk cars in permanent easement area will be removed by property owner. Contractor must negotiate with yard operator for any removal of cars in the temporary construction easement. Brewer Property (Station 228+00 to 238+00). All trees with a diameter of 10 inches or larger shall be cut into 16 foot lengths and stacked at north end of property (228+00). Barker Property (Station 273+00 vicinity). All trees removed by the Contractor shall be salvaged for the property owner; however, the Contractor shall remove all stumps and tops from the property after trees are cut. b. The pipeline construction may require the removal of wood plank privacy fences in several locations. Two of these fences are shown on the Plans at Stations 312+50 and 328+50. If privacy fences are removed, the Contractor shall be responsible for takedown, storage and replacement of such fence. All exposed nails shall be removed during takedown and panels stored in an upright position. Privacy fences shall be replaced within seven calendar days of the completion of pipe laying on the property in question. c. The construction plans show trees and other vegetation to be protected. In addition to protective measures in several locations, trees or other plants must be removed intact immediately prior to construction and replaced in their original or other designated location as soon as possible after construction. Locations where such work will be required are as follows: Colpitt Property (123+50) Brewer Property (235+00) Bramlett Property (254-00) Worona and Gilliham Properties (311+00) Raspberry Bushes • 2-1/2" Sugar Maple Tree Wisteria and Japanese Maple Bradford Pear Trees (if these cannot be avoided) d. The construction Plans show several locations where the water line will be constructed in existing drainages. In all cases care must be taken to restore the ground to its original contour and to reestablish the pre-existing drainage. Two locations require special care: I The Contractor shall 1 I be spread along the I I I I I F' I I I C 1 1 I 487-4 I ` Section 487 Pipeline Cleanup/Seeding Clark Property (156+00). Spring to the immediate west of the water line ' must be protected and the original drainage restored after construction. Barker Property (273+00 to 275+00). Drainage ditch from pond runs along ' construction centerline. The Contractor shall grade a new ditch to west of present ditch during construction and grade permanent drainage after construction as directed. ' e. In several locations (Stations 264+00, 308+00, 562+00, and others) the construction will cross lawn sprinkler systems or septic system lateral lines. ' The Contractor shall repair and restore these systems to good working order. ' 5. All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of 1 construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility provisions of these Specifications. ' 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 7. Access after Construction. Unless otherwise directed, all areas shall be graded 'after construction so as to be accessible by four wheel drive vehicle. 8. Erosion Control. The Contractor shall terrace slopes where potential erosion 'problems may arise after construction. I END OF SECTION I 487-5 ' Section 490 ASHTD Crossings 1 TECHNICAL SPECIFICATIONS ' ARKANSAS STATE HIGHWAY CROSSINGS AND ACCESS ROAD CROSSINGS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary to bore and Insert a casing pipe, or to open cut as required, existing Arkansas State Highway(s). B. MATERIALS ' 1. Carrier Pipe. The carrier pipe shall be in conformance to that section of the Specifications governing water lines. 2. Casing Pipe. Unless otherwise shown on the Plans, all casing pipe shall be welded or seamless steel pipe having a wall thickness as shown on the Plans and a minimum yield strength of 35,000 pounds per square inch. ' C. CONSTRUCTION The Plans show the location of highway crossings to be made. The crossings shall be accomplished by boring and inserting a casing pipe of the type, thickness, diameter and length as specified or shown on the Plans. 1. Permit Application. Application has been made by the City of Fayetteville with the Arkansas State Highway and Transportation Department for permits which Include ' all crossings and construction on ASHTD right of way as shown on the Plans. A copy of the permit issued by the ASHTD will be furnished to the Contractor by the Owner. A copy of the license or permit issued by the ASHTD shall be kept on the ' job site at all times. 2. Bond Posted. The Owner will be required to post a deposit or acceptable bond ' with the Arkansas State Highway and Transportation Department prior to the Issuance of the permit. Upon completion of all highway crossings, Including repair and cleanup in accordance with these Plans and Specifications, and upon receiving final approval from the Arkansas State Highway and Transportation ' Department, the bond or deposit will be returned to the Owner. A percentage equal to the amount of the bond will be held from the Contractor's pay until the ' bond has been released. 3. Location of Utilities. The Contractor shall be responsible for the location of all ' utility lines located within the area of construction. 4. Traffic Control. It shall be the responsibility of the Contractor to provide sufficient flagmen, signs, barricades, lights and other items required to ensure complete 'safety of the public and the workmen at all times. 490-1 Section 490 ASHTD Crossings I Traffic control on state or federal highways shall be conducted and maintained as set forth in the Manual on Uniform Traffic Control Devices as published by the U. S. Department of Transportation, Federal Highway Administration. The following data sheets are intended as guidelines for typical sign dimensions and application for various types of installation. ' 5. pjjg. The crossing shall be made by boring or tunneling and inserting a casing pipe. The top of the casing pipe shall be a minimum of 2.5 feet below the low points of the roadbed cross section (including ditches) or 4.0 feet below the top of the pavement at any location along the casing pipe, whichever gives the greater depth. It rock Is encountered and all available means of making the crossings by boring or tunneling have been exhausted, the Engineer will make application to the Arkansas State Highway and Transportation Department to make the Installation by the open cut method. I 6. Open Cut. 11 approval to open cut Is received, the Contractor shall proceed with the installation in full accordance with all provisions and special conditions set forth by the Arkansas State Highway and Transportation Department. Any additional cost of deposits or bonds for open cutting shall be borne by the Contractor. Since the return of the deposit required by the ASHTD depends upon returning the roadbed to Its original or better condition, the Contractor will be required to complete this hem of construction to the satisfaction of the Highway Department. 7. Restoration of Property. Any highway property disturbed by the installation of the , facility shall be restored to its original or equivalent condition including establishing a sod as required by the District Engineer. 8. Seal Casing. The carrier pipe shall be inserted through the casing pipe and sealed on each end with grout or brick and grout. I END OF SECTION I I I IJ 490-2 1 I i - Y 4• w I pe Yi Y I. I. j rrkrir I: :WI ii I abL1 - 3 =n Y till -s ,\ 1 O s '}S O.O • } i.Y j F i . r O _ n i i N IIII 1'r Jill II IL . i it I 113 N .a.�'F. FIE?. N p C ,l ' W •iA.i.r 1 I'W _ I :J C Y j I. Y V Y V V V hljNIL1j Ii I II I —_CD-C-__ <@> lL.i� I I I I VLV%V V ••Y• V Y V ; : ; n • ; • n 711� Il I Z ikPi � I I ' Z !� :Q..C N j a -I II __L - --0— N F -..o 0 N i4J '-•0 3 ;=IJSO 3 jIL-J'IA 3 'Z o -00- El JI I i I I n �`!i> • / {v / f " I <f7r ii I I II I I af>T v ? I• I I I F I I n _ II F I n s II f I I • i II = ^ 1 o (•�- f V' C- I I }I t CiP 'l F Id l'! I c i II II I I ^ J I I 1 1 I t I I r I I i \ <f/ • O• IJ I I I' I I I 1111 f _ • Li II I I I I I • I I• I I Ii Ew t 1 it : I . s.. • .. e II r �{ f Y u 1 IiY ^^' • I - t • O i I z.Y iYY• .J .-•ti T ^I III . 1 ) 0 '• 1 u 1 • j .1 - Z -� i Y t t;• fl l r l, ,II .1 t•• I t • 11 Y s• S J ani IJ .11 •• Y p 1 I •I 16 I— 4- O I • • 6 Y ?Ez . y� _ 1 • J._O :V• • I 1 •e . I J S F { o bI_ tl - - l y ■ r ;-• f i } UI I� ,�; II III'. a , 1 I IIi III II I I } i5 ::= i •!II I e V i i f i Y_ I' A i S t 13. I .; ' i i i: • III t I •i F YC y: -. = I I = i ; • ; i f 1 I /1 1 : . •S sit . - • : I ti :.___ a. • 1 I1 1 • Y: I I : 3: I i I i i l • II �. 1 I ' - S- • v I I I <• g\ I J♦ I1 A III I cv I I 1 ' Section 491 Street/County Road Crossings ' TECHNICAL SPECIFICATIONS ' STREET AND COUNTY ROAD CROSSINGS ' A. GENERAL This Item shall consist of obtaining permits and posting bonds and/or deposits which may ' be required by -the Cities of Fayetteville and Springdale and Benton and Washington Counties, and providing all labor, equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring streets and roads to the satisfaction of the ' permitting entity. The work shall Include every item of work necessary for a complete and acceptable installation. ' B. MATERIALS 1. Pie Bedding Material. Pipe bedding material shall be as specified elsewhere in ' these Specifications. 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be as ' specified elsewhere in these Specifications for crushed stone base. 3. Crushed Stone Base. Crushed stone base shall be as specified elsewhere in these Specifications. 4. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME ' emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1991 Edition 'of the Arkansas State Highway Department Standard Specifications. 5. Asphaltic Concrete Hot -Mixed Surface Course. The asphaltic concrete hot -mixed ' surface course shall be Type 2 as set forth in Section 407, page 205, of the 1991 Edition of the Arkansas State Highway and Transportation Commission Standard ' Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION ' The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the "Standard Specifications for Highway Construction," Edition of 1991, published by the Arkansas State Highway and ' Transportation Commission. The page numbers given below refer to pages in these "Standard Specifications for Highway Construction." These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, and are set out below. 491-1 Section 491 Street/County Road Crossings V...c I olf o ll -:f lil. 1 4 1 Paoes Prime and Tack Coats and Emulsified Asphalt In Base Course, Section 401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 73-1 77' Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 .................... 183.189 Asphalt Concrete Hot -Mix Surface Course, Section 407 .......... 203-206 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 .............. 218-233 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 ............. 233-256 D. EXECUTION The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entity. Street crossings in the Cities of Fayetteville and Springdale shall be performed in accord with the Code of Ordinances of the cities. County road crossings shall be performed In accord with applicable county court orders and ordinances. The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from Injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc., prior to closing of any street. All areas excavated for the construction of water lines and appurtenances within city streets and/or county roads shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications, and as detailed on the Plans. C 1 Li I I Li I I I I I I [Cl I I 491-2 Section 491 Street/County Road Crossings Crushed stone base shall be placed and compacted to 95 percent of modified Proctor density (ASTM D1557-78), as shown on the Plans. All asphaltic surfaces shall be replaced with asphaltic concrete hot -mixed surface course. ' Asphaltic concrete hot -mixed surface course, Type 2, shall be constructed as specified herein, and as shown on the Plans. ' All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as specified elsewhere in these ' Specifications, and as shown on the Plans. All unpaved driving surfaces shall be replaced with crushed stone base as specified elsewhere in these Specifications, and as shown on the Plans. All street and county road right-of-way disturbed by construction of these water facilities shall be restored to its original or equivalent condition as required by the permitting entity. END OF SECTION I I I I II I I 1 491-3 rj Section 493 I I I L I I I I TECHNICAL SPECIFICATIONS CONCRETE ENCASED WATER LINES AT STREAM AND CREEK CROSSINGS A. GENERAL -- The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, supplies and incidentals necessary for the construction of concrete encased water lines at stream and creek crossings. 1. Water Line. The water line shall conform to the requirements of that section of the Specifications governing water lines. 2. Concrete. Concrete shall conform to the requirements of the Concrete section of these Specifications, except that one additional bag (94 pounds) will be added to the approved mix design. C. CONSTRUCTION ' Concrete encased creek crossings shall be made at the locations shown on the Plans or hereinafter specified and shall be made in conformance to these Plans and ' Specifications. 1. n ral. The concrete encased creek crossing shall generally consist of excavating the trench to the depth set out below, placing concrete around the pipe ' to the dimensions shown on the Plans, and backfilling the trench. 2. Required Depth of Cover. The required depth of cover may vary depending upon ' whether solid rock is present within a distance of 96 inches below the lowest elevation of the streambed. ' a. Solid Rock is Not Present. In the event solid rock is not present within the limits of the crossing and within a depth of 96 inches below the lowest elevation of the streambed, the required depth of cover shall be a minimum of 5 feet from the lowest point in the streambed to the top of the encasement. ' b. Solid Rock is Present Across the Entire Streambed. In the event solid rock is present across the entire limits of the crossing and within a depth of 96 Inches below the lowest elevation of the streambed, the Contractor shall ' Install the pipe so that the top of the encasement is a minimum of 6 Inches below the top of the rock, but in no case less than 2 feet below the low point in the streambed. 493-1 1 . LI 3. Concrete Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where In the opinion of the Engineer additional encasement is required, it shalt be provided and Installed by the Contractor. 4. Placement of Encasement Under Water. The Contractor will be allowed to place concrete under water upon approval by the Engineer. However, the water must be in a static state and must not be flowing through the area of placement. Any concrete placed under water shall have one additional bag (94 pounds) of cement added to the specified concrete mix. 5. Backflllina the Trench. After placing the concrete encasement, the trench may be backfilled as soon as the concrete has taken its initial set. The backfill shall be placed so as to prevent erosion and in such a manner that there is no change in preconstruction streambed contours. END OF SECTION I I I L I I I L I I Li I I I I 493-2 I Section 495 H I I I TECHNICAL SPECIFICATIONS DRIVING SURFACE REPAIR A. GENERAL Driving Surface Repair The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces. This specification is intended for any driving surface, paved or unpaved, including but not limited to streets, roads, driveways, and parking lots. ' This specification does not acoly to state or interstate highways. county roads, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. ' B. MATERIALS I1. Prime and Tack Coats. Prime and tack coat material shall be EPR-1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi. The application rate shall be approximately 0.25 gallon per ' square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1991 Edition of the Arkansas State Highway Department Standard Specifications. ' 2. Hot -Mixed. Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 407, page 205, of the 1991 Edition of the Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. ' 3. Concrete. Concrete shall be as defined elsewhere in these Specifications. 4. Reinforcing Steel. Reinforcing steel shall be as defined elsewhere in these Specifications. 5. Crushed Stone Base. Crushed stone base shall be in conformity with the ' gradation and hardness requirements as set forth under Section 303 of the 1991 Edition of the Arkansas Highway Department Standard Specifications, aggregate base course, Class 6. The crushed stone supplier shall submit certificates stating that the materials provided are in conformance with these specifications. 6. Curb and Gutter Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2, or Type 3 in accordance with Section 501 of the 1991 Edition of the 'Arkansas State Highway Department Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION 1 The following' Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the Standard Specifications for 'Highway Construction," Edition of 1991, published by the Arkansas State Highway ' 495-1 Section 495 Driving Surface Repair V. Commission. The page numbers given below refer to pages in these Standard Specifications for Highway Construction These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. !.ii.iiflil• _ •_ CI �•C Prime and Tack Coats and Emulsified Asphalt In Base Course, Section 401 1 1 0 ................. 1 ........ 173-177 Materials and Equipment for Prime Tack and AsphaltSurface Treatments, Section 403 183-189 I I I I Li 1 I Asphalt Concrete Hot -Mix Surface Course, Section 407 1 1 ... 1 1 ... 203-206 I Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 .............. 218-233 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surtace Courses, Section 410 ............. 233-256 D. CONSTRUCTION 1. Pavement Removal. Pipe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the appropriate Pipe Specification. All pavements which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. No payment for repair will be made far pavements damaged outside the width of allowable removal set out elsewhere in these Specifications. a. Asphaltic Pavement Repair. After the trench has been backfilled, the trench shall be permitted to settle as set out in Section 240 of these Specifications. After this time the permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench line limits, and brought to grade 3 inches below the top of the existing pavement. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. 1 I I Ti Li I I I I I 495-2 Section 495 Driving Surface Repair One nuclear densometer test per asphaltic patch or repair shall be ' performed. The cost of determining the compacted density shall be at the expense of the Contractor. ' The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a passing nuclear densometer test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the ' expense of the Contractor. Any unacceptable patch or repair shall be replaced and/or recompacted ' and retested at the Contractor's expense. b. Unpaved Driving Surface Repair. After the trench has been backfilled and t allowed to settle as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. ' 2. Barricades. Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during the progress of the ' construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the ' visibility is poor. Execution of all necessary safety precautions is the sole responsibility of the Contractor. 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide 'suitable bridges at street Intersections and driveways. The Contractor shall post suitable signs Indicating that a street Is closed and 'necessary detour signs for a proper maintenance of traffic. ' 4. Piling Excavated Material for Reuse. All excavated material which is to be reused shall be piled In a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal of Excess Material. All excess excavated material shall be loaded in trucks during the excavating operation, hauled from the job site and disposed of 'at the direction of the Contractor. ' 495-3 Section 495 1 Driving Surface Repair I 6. I n . Cleanup of areas behind the curb and gutter and around sidewalks shall be as set out elsewhere In these Specifications. I I END OF SECTION L fl I I I I I I I P I 495-4 Li ' Section 503 Concrete TECHNICAL SPECIFICATIONS ' CONCRETE IA. GENERAL All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with ' six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3,000 psi. Class A concrete shall be used for pouring manholes and other structures, concrete driveway repair, sidewalk, and curb and gutter repair. Class B ' concrete Is defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 2,000 psi. Class B concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix 'plant by the concrete supplier. Concrete will be supplied by a ready -mix concrete company approved by the Engineer. ' Mix designs must be submitted to the Engineer for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it Is batched. Batch tickets must have the batch time written on them. Concrete shall be poured during ' suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the ' Engineer. If the concrete meets the above requirements, the cost of the tests will be borne by the Owner. If the concrete does not meet the above requirements, the cost of the tests will ' be borne by the Contractor. Concrete shall not be poured with a slump of over 5 inches. Concrete shall not be used after it has taken its initial set. I Where shown on the Plans, bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: 1. ASTM A 615-82, 'Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement.' I 2. ASTM A 617-82a, "Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement.' ' All reinforcing bars shall be Grade 60 as defined in the above referenced standards, unless otherwise shown on the Plans. I END OF SECTION 503-1 ' Section 1200 Payment ' TECHNICAL SPECIFICATIONS ' METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out In the Specifications covering the ' various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the unit and lump sum prices bid under the various Items of the Bid as hereinafter set out. ' Bid Items 1 and 2 - Water Line Pioe Payment for pipe shall be made at the unit prices bid per linear foot for the various ' types and sizes of pipe, complete in place. The prices bid shall be full compensation for clearing, timber and brush disposal, temporary fencing where necessary, right of way preparation, stripping and stockpiling topsoil where ' required, trenching, furnishing and laying pipe, bedding material as required, furnishing and installing polyethylene encasement on ductile iron pipe, furnishing and placing rock riprap, removal of existing culverts and replacing with new ' culverts as shown on the Plans, concrete piers, backfilling, compaction, testing, sterilization, cleanup, seeding, fertilizing, mulching, and every other item required for a complete installation as specified. This item also includes all fittings, outlets, ' concrete reaction backing, power pole relocation if required, DIP to PCCP transition coupling, if required, and furnishing and placing fill material at concrete pier installation. ' Measurement will be based on the total length of the line, including pipe required for ties to the existing system, with no deduction made for valves or fittings. Measurement shall be made with a 100 foot tape along the centerline of the pipeline after the trench has been backfilled. The footage installed to be paid for will be reflected in a daily written report, a copy of which will be furnished to the 'Contractor. Bid Item 3 - 6 Inch Pike Payment for 6 inch diameter ductile iron pipe required for installation of fire hydrant assemblies shall be made at the unit price bid per linear foot. Measurement shall be made from the centerline of the fire hydrant to the centerline of the water main. Bid Items 4 and 5 - Butterfly Valves Payment for main line butterfly valves shall be made at the unit price bid for the 'various sizes of butterfly valves, complete in place. The price shall include valves, ' 1200-1 Section 1200 Payment I valve boxes, concrete pad at ground surface, valve operator extension stems, and every other Item required for a complete Installation as specified. I. • 1 • • • •i 1 ' Payment for brace post assemblies shall be made at the unit price bid for each assembly. The unit price bid shall be full compensation for furnishing and installing the brace post assemblies as detailed on the Plans and as specified, all necessary labor, equipment and materials required for a complete Installation at the locations shown on the Plans. Payment for double brace post assemblies shall be made at the unit price bid for each assembly. The unit price bid shall be full compensation for furnishing and Installing the double brace post assembly as detailed on the Plans and as specified, all necessary labor, equipment and materials required for a complete Installation at the locations shown on the Plans. Bid Item 14 - Sinafe Post Installation Payment for single post installations shall be made at the unit price bid for each installation. The unit price bid shall be full compensation for furnishing and installing the single post as detailed on the Plans and as specified, all necessary labor, equipment and materials required for a complete installation at the locations shown on the Plans. I I Li 1_; Li I I I I I I I I I I [I I 1200-2 I El I I I II Section 1200 Payment Bid Item 15 - New Fence Installation Payment for new fence installation shall be made at the unit price bid per linear foot. The unit price bid shall be full compensation for the removal and disposal of the existing fence to the limits determined by the Engineer, furnishing and installing new posts and fence materials of the same type as the existing fence being repaired, cleanup as required, and every other item of construction required for a complete installation in accord with these Specifications and as shown on the Plans. ' Bid Item 16 - Type I Air and Vacuum Valve Installation (® Existing Air and Vacuum Valves) ' Payment for air and vacuum valve installations shall be made at the unit price bid for each installation at the existing air and vacuum valve locations. The unit price bid shall be full compensation for removal and disposal of the existing concrete ' vault, removal and disposal of the existing 3 inch piping, existing 3 inch air release valve and 3 inch gate valve, furnishing and installing new 4 Inch air and vacuum valves, 4 inch piping, 4 inch gate valves, valve operator extension stems, concrete ' manhole and appurtenances, connection of new 4 inch piping to existing water pipe, and every other item of construction required for a complete installation as shown on the Plans and as specified. ' Bid Item 17 - Type II Air and Vacuum Valve Assemblies with Surge Check ' Payment for these assemblies shall be made at the unit price bid for each assembly complete and in place. The bid price shall include the concrete manhole, piping, valves and appurtenances, valve operator extension stems, ' labor, equipment and materials required for a complete installation as shown on the Plans and as specified. Bid Item 18 - Fire Hydrants Payment for fire hydrant assemblies will be made at the unit price bid. The bid ' price shall include furnishing and installation of the fire hydrant, fire hydrant barrel extension if required, main line fitting, boss, or outlet, auxiliary gate valve, valve box and box extension, if required. All fittings, locked hydrant adapters, gravel ' drain, concrete collar, concrete support and reaction blocking will be included in this pay item. The 6 inch ductile Iron pipe for fire hydrant leads will be paid for under the appropriate items of the Bid. Bid Item 19 - Hot -Mixed Hot -Laid Asphalt Concrete Payment for hot -mixed, hot -laid asphalt concrete for city streets, county roads and ' driving surface repair shall be made in accordance with the unit price bid per square yard. The price bid shall be full compensation for furnishing the materials, labor, tools and equipment required for construction of the repair. Measurement 'for hot -mixed, hot -laid asphalt concrete shall be determined in accordance with 1200-3 Section 1200 1 Payment prescribed removal as shown on the Plans and as specified. Bid Item 20 - Concrete Surface Repair I ►: 1 • !.• • : _ 1 Payment for nonreinforced concrete used for pipe encasement shall be made in ' accordance with the unit price bid per linear foot. The unit price bid shall Include necessary forming, and furnishing and placing materials. Nonreinforced concrete will be placed as directed by the Engineer. Measurement shall be the length of concrete encasement installed as measured by the Engineer at the time of placement. Bid Item 22 - Nonreinforced Concrete Cover Payment for nonreinforced concrete used for pipe cover shall be made In accordance with the unit price bid per linear foot. The unit price bid shall include necessary forming, and furnishing and placing materials. Nonreinforced concrete will be placed as directed by the Engineer. Measurement shall be the length of concrete cover installed as measured by the Engineer at the time of placement. • .• :: ► 1 : . 1 Payment for crushed stone trench backfill for open cut street, driveways, parking , lots and county road crossings shall be in accordance with the unit price bid per linear foot. The price bid shall be full compensation for aggregate base course Class 6 crushed stone trench backfill compacted in place the entire depth, length ' and width of excavation for open cut crossings, the disposal of trench excavation and maintenance of crossings, for a complete installation as detailed on the Plans. Measurement shall be the length of crushed stone trench backfill installed as measured by the Engineer at the time of placement. Bid Item 24 - Crushed Stone for Undercut Payment for crushed stone trench backfill for undercut shall be made at the unit price bid per cubic yard. The unit price bid shall be full compensation for furnishing, installing and compaction of aggregate base course Class 6 crushed stone trench backfill in undercut trench bottom as directed by the Engineer and in accord with these Specifications. 1 1200-4 I ' Section 1200 Payment 1 Bid Item 25 - Crushed Stone Pine Bedding Material ' Payment for crushed stone pipe bedding material shall be made at the unit price bid per linear foot. The unit price bid shall be full compensation for furnishing and Installing aggregate base course, Class 6 crushed stone pipe bedding material in areas where the trench crosses driving surfaces or Is underlain with solid rock, or as directed by the Engineer and in accord with these Specifications. ' Bid Item 26 - Crushed Stone Trench Backfill (12 Inch Depth) 'Payment for crushed stone trench backfill for construction parallel with and adjacent to gravel driving surfaces shall be in accordance with the unit price bid. The price bid shall be full compensation for crushed stone trench backfill ' compacted in place 12 inches in depth and the full width and length of the trench excavation where adjacent to gravel driving surfaces and the disposal of excess trench excavation for a complete installation as detailed on the Plans. ' Bid Item 27 - Crushed Stone for Temporary Road Surface and Farm Road Repair (4 Inch Depth) ' Payment for crushed stone surface material for temporary road surface between Stations 230+00 and 238+00 and repair of farm roads shall be in accordance with the unit price bid. The price bid shall be full compensation for crushed stone surface material placed 4 inches in depth graded to the full width and length of the temporary road or road disturbed by pipeline construction and compacted in the areas where shown on the construction Plans for a complete installation as ' detailed on the Plans. ' Bid Items 28 and 29 - Bermuda and Zoysia Sod Payment for Bermuda or Zoysia sod will be made at the unit price bid per square 1 yard for Bermuda or Zoysia sod, complete in place. The sod will be placed in accordance with directions of the Engineer. Bid Item 30 - Street Reconstruction (Asphalt or Concrete) Payment for street reconstruction shall be made at the unit price bid per square ' yard. The unit price bid shall be full compensation for subgrade preparation, furnishing and placing crushed stone base, all compaction, furnishing and placing surface materials, removal and disposal of excess materials, Petromat where ' required, cleanup, seeding, fertilizing, mulching, all compaction testing, and every other item of construction as required for a complete installation as shown on the Plans and as specified. This item includes traffic maintenance and required signing during construction. I 1200-5 Section 1200 ! Payment - Bid Item 31 - Connection to Existing 36 Inch Water Line at Beaver WTP Payment for the connection to the existing 36 inch ductile iron pipe water line shall , be made at the lump sum price bid. The price bid shall be lull compensation for all excavation, exposing top of existing 36 inch DIP at 10 foot intervals, cutting existing 36 Inch DIP, furnishing and installing 36 inch x 6 Inch tapping sleeve, 6 inch tap, 6 inch tapping valve, 36 Inch solid sleeve and MJ plug (42 inch or 36 Inch), all restrained joint piping, polyethylene encasement, restrained joint fittings, concrete reaction backing, restrained joint pipe with thrust collars, 6 inch MJ outlet, bedding material, draining existing 36 inch water line, backlilling, testing, sterilization, cleanup, seeding, mulching, fertilizing, and every other item of construction required for a complete installation as detailed on the Plans and as specified. The butterfly valves, concrete thrust anchors, fire hydrant assemblies and 6 inch fire hydrant lead pipe shall be paid for under the appropriate items of the Bid. Bid Item 32 - Connection to Existing Surge Tank Payment for the connection to the existing surge tank shall be made at the lump sum price bid. The price bid shall be full compensation for all labor, materials and equipment required for a complete Installation. This item also includes all excavation, fittings, reaction backing, restrained joint ductile iron piping, polyethylene encasement, steel to DIP transition coupling, steel piping, connection of steel pipe into existing steel surge tank, painting of steel and ductile iron pipe above ground level, backfilling, cleanup, seeding, fertilizing, mulching, testing, sterilization, and every other item of construction as required for a complete installation as detailed on the Plans and as specified. This item also includes the PCCP to DIP transition adapter if required, restrained joint DIP with thrust collar, and concrete support if required. The butterfly valve and concrete thrust anchor shall be paid for under the , appropriate items of the Bid. Bid Item 33 - Tie to Existing 36 Inch DIP Water Line @ Station 509+80 Payment for the tie to the existing 36 inch water line shall be made at the lump sum price bid. The price bid shall be full compensation for all restrained joint pipe , and fittings, polyethylene encasement reaction backing, solid sleeves, 42 inch x 36 inch reducer, restrained joint pipe with thrust collar, draining existing 36 inch water pipe, cutting existing 36 inch DIP, excavation, backfilling, testing, , sterilization, cleanup, seeding, fertilizing, mulching, and every other item of construction as required for a complete installation as detailed on the Plans and as specified. The butterfly valves and concrete thrust anchors shall be paid for under the appropriate items of the Bid. 1200-6 I I I I I I I Section 1200 Payment Bid Item 34 - Tie to Existing 12 Inch Water Line % Station 518+70 Payment for the tie to the existing 12 inch water line shall be made at the lump sum price bid. The price bid shall be full compensation for all labor, equipment, materials, tie into existing 12 inch pipe, polyethylene encasement for ductile Iron pipe, the 12 inch pipe and fittings, 12 inch butterfly valve, and every other Item of construction required for a complete installation as detailed on the Plans and as specified. Bid Item 35 - Tie to Existing 8 Inch Water Lines Station 541+55 Payment for the tie to the existing 8 inch water line shall be made at the lump sum price bid. The price bid shall be full compensation for all labor, equipment, 8 inch DIP, 8 Inch gate valve, tie into existing 8 Inch pipe, polyethylene encasement, fittings, and every other item of construction required for a complete installation as detailed on the Plans and as specified. ' The crushed stone trench backfill, pavement repair and new fence installation shall be paid for under the appropriate Items of the Bid. ` Bid Item 36 - Tie to Existing 6 Inch Water Line ® Station 549+10 ' Payment for the tie to the existing 6 inch water line shall be made at the lump sum price bid. The price bid shall be full compensation for all labor, equipment, 6 inch piping, 6 inch gate valve, tie into existing 6 inch pipe, polyethylene encasement, ' fittings, all crushed stone trench backfill required, all pavement repair required, and every other item of construction required for a complete installation as detailed on the Plans and as specified. ' Bid Item 37 - Tie to Existing 8 Inch Water Line % Station 565+80 Payment for the tie to the existing 8 inch water line shall be made at the lump sum price bid. The price bid shall be full compensation for all labor and equipment, furnishing and installing all 8 inch piping, 8 Inch gate valve, polyethylene ' encasement, fittings, and every other item of construction required for a complete Installation as detailed on the Plans and as specified. ' Bid Item 38 - Tie to Existing 16 Inch Water Line ® Station 596+85 Payment for the tie to the existing 16 inch water line shall be made at the lump ' sum price bid. The price bid shall be full compensation for all excavation, furnishing and installing 16 inch x 12 inch tapping sleeve, 12 inch tapping valve, 12 inch tap, all restrained joint piping and fittings, restrained joint pipe with thrust collar, 36 inch MJ plug, reaction backing, polyethylene encasement, backfilling, ' cleanup, and every other item of construction required for a complete installation as detailed on the Plans and as specified. 1200-7 Section 1200 1 Payment The butterfly valves, fire hydrant assembly, 6 Inch fire hydrant lead pipe, and concrete thrust anchor shall be paid for under the appropriate items of the Bid. Old Item 39 - Concrete Thrust Anchor Payment for concrete thrust anchors shall be made at the unit price bid for each 1 concrete thrust anchor, complete In place. The unit price bid shall be full compensation for all excavation, forming, furnishing and placing concrete and reinforcing steel, testing, backfilling, cleanup, and every other item of construction required for a complete installation as shown on the Plans and as specified. I Payment for rock excavation shall be made In accord with the unit price bid per cubic yard. Measurement of rock excavation shall be as specified. Trench excavation for water lines classified as 'rock excavation' in accord with the Specifications shall be paid for under this item of the Bid. I END OF SECTION I J I I 1 I I I I I I I I I I I I I L I 7 I I I Qdk1i'IIdO1JIh CONSULTING ENGINEER'S AWARD INFORMATION BEAVER TO FAYETTEVILLE WATER TRANSMISSION MAIN FOR SPECIAL BOARD MEETING SEPTEMBER 30, 1992 BOARD OF DIRECTORS CITY OF FAYETTEVILLE CONTENTS Engineer's Letter of Recommendation ATTACHMENT A - Total of Bids Received ATTACHMENT B - Contract Section I Bid Tabulations ATTACHMENT C - Contract Section II Bid Tabulations PRESENTED BY McGoodwln, Williams & Yates, Inc. consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 CONSULTING ENGINEER'S AWARD INFORMATION BEAVER TO FAYETTEVILLE WATER TRANSMISSION MAIN FOR SPECIAL BOARD MEETING SEPTEMBER 30, 1992 BOARD OF DIRECTORS CITY OF FAYETTEVILLE CONTENTS Engineer's Letter of Recommendation ATTACHMENT A - Total of Bids Received ATTACHMENT B - Contract Section I Bid Tabulations ATTACHMENT C - Contract Section II Bid Tabulations PRESENTED BY McGoodwln, Williams & Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 I I I I I I I I I I I II I I ri Telephone 501/443-3404 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 September 28, 1992 Re: Beaver to Fayetteville Water Transmission Main Fayetteville, Arkansas Project No. Fy-192 Mr. Donald R. Bunn, P. E. City Engineer City of Fayetteville 113 West Mountain Fayetteville, Arkansas 72701 Dear Mr. Bunn: FAX 501/443.4340 Bids were received and opened as scheduled Thursday, September 24, 1992, at the City Administration Building for the construction of a water transmission main from the Beaver Water District's treatment plant into Fayetteville. Contract Section I of the project as bid required the construction of either a 42 -inch or 36 -inch pipeline (prices were received for both) from the Beaver Plant south parallel to the existing 36 -inch line to a point near the intersection of Joyce Street and Crossover Road (Highway 265). The work as bid also included construction of a 36 -inch line (Contract Section II) beginning at Crossover Road and extending west along Joyce Street to North College Avenue, terminating at an existing 16 -inch line just north of Mud Creek. We have enclosed for your review the following: Attachment A: Totals of Bids Received (one page) Attachment B: Contract Section I Tabulation of Bids (Pages B-1 through B-8) Attachment C: Contract Section II Tabulation of Bids (Pages C-1 through C-8) As shown on the above attachments, ten bids were received on each of the two contract sections from a total of eleven bidders. One contractor bid only Contract Section I, while another bid only Contract Section II. I FJ H H I I I I I I I Mr. Donald R. Bunn, P. E. September 28, 1992 Page 2 The three low bidders and the amounts bid on each of the contract sections are as follows: Contract Section I: Garney Companies, Inc. $4,334,523.50 Kraus Construction Co., Inc. $4,603,766.00 John D. Stephens, Inc. $4,979,207.50 Contract Section II: Garney Companies, Inc. $ 988,336.50 Kraus Construction Co., Inc. $1,006,710.00 Benson Construction Co., Inc. $1,021,495.00 Garney's actual bid on Contract Section II was $1,008,336.50. However, Garney stipulated that should they be awarded Contract Section I, they would grant a $20,000 deduct from their total bid on Contract Section II. Thus, since Garney was the low bidder on Contract Section I, we have shown their bid on Contract Section II to be $1,008,336.50 minus $20,000 = $988,336.50. The total bid for both contract sections was then submitted by Garney Companies, as follows: Contract Section I - Contract Section II - $4,334,523.50 988.336.50 Total Contract Sections I & II - $5,322,860.00 I r� J [I I I I No other bid or combination of bids provided a total lower project cost than did Garney's bid, considering the $20,000 deduction. Our construction cost estimate to construct these facilities was $6,000,000 utilizing 42 -inch pipe, while our estimate was $5,400,000 utilizing 36 -inch pipe throughout the entire project. As heretofore set out, Contract Section I provided for the construction of 51,000 linear feet of 42 -inch pipeline with a deductive alternate to construct a 36 -inch line. A review of the low bids will reveal that the cost to construct the 42 -inch pipeline is only $605,000 greater than the cost to construct a 36 -inch line. I n J I I Il I I I I LJ I I I C] J Mr. Donald R. Bunn, P. E. September 28, 1992 Page 3 In a Water Master Planning Study dated June 1989 conducted by McGoodwin, Williams and Yates for the City of Fayetteville, we set out that the useful life of a transmission main is normally in excess of 50 years. We further set out that the carrying capacity of a 42 -inch line (assuming the same total friction loss) is about 50 percent greater than a 36 -inch pipeline, while the estimated increase in cost was set at about 27 percent. We stated in the report that: "Based on relative carrying capacity and estimated cost, and the useful life of transmission lines, we believe that strong consideration should be given to the construction of a 42 inch or 48 inch transmission line between Beaver Water District and the city's distribution system." Comparing the bid information will show that the real cost to construct a 42 -inch line in lieu of a 36 -inch line will represent only a 14 percent increase. In constructing a 42 -inch line to operate in parallel with the existing 36 -inch line rather than another 36 -inch line, we also offer the following comments: • We estimate a 34 percent reduction in friction loss at the 20 -year design flow of 26.2 million gallons per day. • We estimate a total increase in flow of about 6.5 million gallons per day at the same friction loss. • The construction of an additional 30 -inch pipeline would be required to transport the 6.5 MGD without an increase in total friction loss. • Today's cost to construct a 30 -inch pipe is roughly estimated to be approximately $3,000,000. We believe that, providing should award these contracts to City, Missouri, utilizing 42 -in the amounts shown: Contract Section I - Contract Section II - funds are available, the city Garney Companies, Inc. of Kansas ah pipe for Contract Section I, in $4,334,523.50 $ 988,336.50 Garney Companies is a company that has successfully completed several major projects for MW?. While we have no way of analyzing the financial condition of Garney Companies, the project requirements include a 100 percent performance bond and a I I I I I [I I I I I Li Li I I I I I I Mr. Donald R. September 28, Page 4 Bunn, P. E. 1992 100 percent payment bond be executed prior to start of construction. We believe Garney Companies to be an excellent contractor and qualified to undertake this project, and for that reason, we recommend award of these contracts as set out above. If you have questions, please feel free to call. We will be in attendance at the Board meeting to answer any questions that might arise. JMVH: sc Enclosures Sincerely, 9i.-r'r'e.' .iVanHoose� Sr. Vice -President Project Manager I I I E E LJ I I TOTALS OF BIDS Contract Sections I and II WATER TRANSMISSION LINE BEAVER WATER TREATMENT PLANT TO FAYETTEVILLE CONTRACTOR 'Carney Companies, Inc. Kraus Construction IJohn D. Stephens, Inc. I I I HMG Inc. Benson Construction Co., Inc. Kenko, Inc. Ruby Collins, Inc. Journagan Construction Co. Laurel Construction Co. Worth James Construction Co. IFayette Tree and Trench • Forsgren, Inc. • LHD Construction Co., Inc. I I Fayetteville, Arkansas Project No. Fy-192 September 24, 1992 42" BASE BID CONTRACT I 36" BID CONTRALTI CONTRACT II $4,334,523.50 $ 605,000.00 * $ 988,336.50 4,603,766.00 558,800.00 1,006,710.00 4,979,207.50 663,505.00 1,106,805.00 5,023,175.00 612,500.00 1,138,715.00 5.059.430.00 626,720.00 1.021,495.00 5,146,400.00 771,700.00 1,059,770.00 5.569,428.00 581,295.00 1,113,536.52 5,878,225.00 759,200.00 1,239,681.00 6,022,400.00 774,000.00 1,403,320.00 6,254,868.66 1,202,160.00 No Bid No Bid No Bid 1.287.620.04 No Bid No.89d No Bid No Bid No Bid No Bid *Gamey is apparent low bidder on Contract Section II due to $20,000 deducted if he is awarded both contract sections. His bid was $1,008,336.50 - 20,000.00 = $988,336.50. 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