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HomeMy WebLinkAbout109-95 RESOLUTION• • RESOLUTION NO. 109-95 A RESOLUTION AUTHORIZING A CONTRACT IN THE AMOUNT OF $349 600. PLUS A CONTINGENCY OF $17,500. WITH BUILDING & UTILITY CONTRACTORS, INC., FOR THE 24" WATER I INE REPLACEMENT PROJECT ON 6TH STREET AND APPROVAL OF A BUDGET ADJUSTMENT 1N THE AMOUNT OF $154,603. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby authorizes a contract in the amount of $349,600 plus a contingency of $17,500 with Building & Utility Contractors, Inc., for the 24" water line replacement project on 6th Street and authonzes the Mayor and City Clerk to execute same. A copy of the contract attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment in the amount of $154,603 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00, Project No. 95036 by decreasing Sewer Improvements, Acct. No. 5400 5700 5815 00, Project No 95043. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 15th day of August , 1995. ATTEST By: ILit Traci Paul, City Clerk APPROVED: By: /i4/ll: lye/ red Hanna, Mayor M City of Fayetteville, Arkansas Budget Adjustment Form • Budget Year Department: Public Works 1995 Division: Program: Water 6 Sewer Capital Water Mains Project or Item Requested: Additional funding in the amount of $154,603 is requested for the 6th Street 24" Water Line Replacement Project. Approval of this request will provide the funding necessary to complete the construction phase of this project. Justification of this Increase: Date Requested August 15, 1995 Adjustment # Project or Item Deleted: $154,603 in funding 16 West Sewer Force project will have a of $272,397. for the Highway Main Project. The remaining budget Scope on the 24" Water Line Replacement Project has been expanded to replace more 24" pipe than originally budgeted. Justification of this Decrease: The Highway 16 West Sewer Force Main Project has been deferred to 1996. Increase ( Decrease Revenue ) Account Name Amount Water Line Improvements _ 154,603 Account Name Sewer Improvements Account Number 5400 5600 5808 Decrease ( Increase Revenue ) Amount 154,603 Project Number 00 95036 Account Number Project Number 5400 5700 5815 00 95043 I' Requested By Approval Signatures 1.1 07/28/95 Budget Office Use Only Type: A B C D Date of Approval Posted to General Ledger Entered in Category Log F Budget Office Copy PRODUCER First Arkansas 512 S. Pine St. P 0 Box 8367 Pine Bluff, AR CE.RTIFICATEF INSURANCE 09/29/9 INSURED Insurance Ste. 100 71611 City of Fayetteville Purchasing Office, City Hall 113 West Mountain. Street Fayetteville, AR 727C1 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY ACNA Irsurarce Cos COMPANY B COMPANY C COMPANY D COVERAGES nits IS TO CERTIFY 'HAT THE POLCILS 01 INSURANCE LISTED BE.OW HAVE BEEN ISSUFC TO TFE INSURED NAMEDABCVF FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RLCJIREVENT TFPV OR CONDITION CJ ANY CONTRACT OR OTHER DOCJMENT WITH RESPECT TC WHICH THS CERTIFICATE MAY BF ISSUED OR MAV PERTAIN. THF INSURANCE AI -LORDED BY THF POI'CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEPMS, EXCLUSIONS AND CONDITIONS OF SJCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER A GENERAL LIABILITY COMMERCIAL GENERAL L ABILITY C.A MS MACE X OCCUR X OWNER S & CONTRACTOR S PROT BINDER AUTOMOBILE L ABIL'Y ANY AUTO AL. OWNED A.� CS SCHEDUL ED AUTOS HIRED AUTOS NCN OWNEDA..'OS POLICY EFFECTIVE POLICY EXPIRATION DATE IMM! DONYY) DATE(MM/DO/YY; GARAGE LIAB LITY ANY AUTO EXCESS LIABILITY „MOREL L AFORM OTHER --AN.. MBRELLA FORM 09%28/95 12/28/95 .IM ITS GENERAL AGGREGATE s2 000, O0O PROCUCIS-COMPICP AGO S PERSONA,.&ADV N..LIRV S EAO OCCURRENT.E .$2, 000, 000 R RE DAMAGE (Any are . it of E MEC EXP (Ary one person} S COMB NEC SIN3I E I IM,T $ SOD L" N..IIRY (Pei pet sort ROOT" N.URY (Pr r c dent) S PROPERTY DAMAGE Af C ONLY EA ACC DL NT $ C -•IFR T -AN A..'It ON Y: EACH ACC:CENT S AGGREGATE S WORKERS COMPENSATION AND EMPLOYERS .IABILITY -HE PROPRIETOR! PARTNERSfEXECLITIVE OFFICERS ARE. NCL EXCL OTHER EACH OCCUR+F NCE $ AGGREGA'E $ STATUTORY LIM 'S EACH ACCIDENT S OSEASE-PDL CYI IV IT •S DSFASE EACH EMP, C"FE S DESCRIPTION OF OPERATIONS/LOCATICNSIVEHICLES+SPECIAL ITEMS Prcject: 24 -Inch Water Line replacement, Fayetteville, AR Owner of Pro-ect: City of Fayetteville (See Attached Schedule.) CERTIFICATE HOLDER City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, AR 7270- ACORD 25•S13/93)1 of 2 #3013 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANOE. LED BEFORE THE EXPIRAT ON DATE -HERE OF, THE ISSUING COMPANY WILL ENDEAVOR TO MA L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE -0 MAIL SUC H NOTICE SHA.L IMPOSE NO OB L GATIC N OR LIABILITY OF ANY K ND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. �A ItTHRRI2ED REPRESENTATIVE jl ///1:11-A_-_(# N Lc2•la/ MIN o ACORD CORPORATION 1993. DESC) TIONS.(Continued from page 1.) Engineer as Additional Insured: McGoodwin, Williams, and Yates, Inc., 909 Rolling Hills Drive, Fayetteville, AR 72703 Contractor of Project: Building & Utility Contractors, Inc. Cancellation Clause reads as follows: Coverage afforded will not be cancelled, materially altered, or non -renewed unless thirty (3C) days written notice has been giver. to the Owner:by certified mail. CISGEM 25213/93)2 of 2 #3013 AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City FROM: Sid Norbash Name ACTION REQUIRED: Approval Replacement contract. STAFF REVIEW FORM Council meeting of N/A Enaireerina D:v:s:on .11 Public Works Department of the attached C.O. #1 to the 24" Water line COST TO CITY: none Cost of this Request Category/Project Budget Account Number Project Number BU I Funds Used To Jate Category/Project Name Program Name Remaining Balance Fund Budgeted Item Budget Adjustment Attached IOc i3..43.0- 1Fop4 tdget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Accounting( 14 ager f Cit' Attorney c)cam►\ Purchasing Officer 1 C' A 15 GRANTING AGENCY: Date AlCQ?rdinatox 11 1 r 41/41A; fillajCiaLV. IA Date Infernal Auditcr •J /e -jt 4S I0- - Date Date Date STAFF RECOMMENDATION: s:on Head Department Director riAN rvices Director Mayor cdenofes ctdded material +„ Date Cross Reference Date Date /1/1101 Jate New ;ten: Yes_ No Prev Ord/Res #: Re\ 101 41j Orig Contract Date: CHANGE ORDER (Instructions on reverse side) No. - PROJECT 24 -Inch Water Line Replacement DATE OF ISSUANCE October 2, 1995 EFFECTIVE DATE October 2, 1995 OWNER City of Fayetteville, Arkansas OWNER's Contract No. Fy-248 CONTRACTOR Building and Utility Contractors, Inc. ENGINEER McGoodwin, Williams and Yates, Inc. You are directed to make the following changes in the Contract Documents. Description: Inccrperation of changes in Contract Documents regarding Application for Progress Payment. Reason forChange Order: Requested by Owner. Changes to be incorporated into . the General Conditions and the Supple:nertary Corditior.s. Attachments: (List documents supporting change) Attached two-page description of charge. CHANGE IN CONTRACT PRICE: Origi . Contract Price NO CHANGE CHANGE IN CONTRACT TIMES: NO CHANGE • •inal Contract • Times Subs tial Completion• $ Ready f. final payment: daps or dolts Net changes from p.. ions Change Orders No. to No Net change from •reviods Change Orders No. to No _ _ $ _ days Contract Price prior to this Chan• - Order $ Contract Times prior to this ange Order Substantial Completion Ready for final payment: days or d. - Net Increase (decrease) of this Change Order $ Net Increase (decrease) of this Change Or de days Contract Pnce win all approved Change Orders $ Contract Times with all approved Change Orders Suhs:artial Completion: Reach tor hnal payment: days or JAC% McGoodwin, Williams City RECON,ENDCD: & v.esr APPROV if By: jilt/Z.4 YV/ y 4.4.6l, ""Y By: haries`aii.1hingiartii, P.E. I' red 4 Date: October 2, 1995 Date of Fayetteville, AR CD: 0:-tober 2, 1993 EJC'DC NO. 1910--H-B (1991) [Edition) Preparar by the F:ngincers Joint Contract Documents Committee and endorsed by 1 Fe Ass. Building & Uti_ity� A('C :Pit ED: Contra tors , Inc . t x Ily \)1,v(:�,�{s��: •..1,1f1_ `. Rouro'sn 'slut res. pinyOctober 2, 1995 rated General Contractors of Amenia • • CHANGE ORDER INSTRUCTIONS • A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. • 1 1 11 11 z 11 11 a a 11 will be incorporated,into a form of Application for Payment acceptable :o ENGINEER. Progress paymer.ts on account of Unit Pnce Work will be based on the number of units com- pleted. Application for Progress Payment: Replacement witY SC 14.2 14.2. At least twenty days before the Cate established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR coverng the Work completed as of :he date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another !ocat:on agreed :o in wnting. the Application for Payment shall also be accompanied by a bill of sale. :nvoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materia's and equipment are covered by appropriate property insurance and ether arrangements to protect O WNER's in:erect :herein, all of which will be satisfactory to OWNER. The arnoun: of retainage w -:h respect to progress payments will be as stipu,ated :n the Agreement. CO.\TRACTOR's Warranty of Title - 14 3. CONTRAC IOR warrants anc guarantees that title :o al Work. materials anu equipment covered by any Application for Payment. whe•her incorporated in the Prosect or rot, wi 1 pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: Rev_sion see SC .4.4 14.4. ENGINEER wi:l, within ten days after receipt of each Application for Payment, either indicate in w-ttmg a recommendation of payment and present the Application to OWNER. er return the Application to CONTRAC JUR inch - eating m writing EN'GINEER'S reasons for refusing :c recom- mend Payment. In the latter case, CONTRACTOR may make :he necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER'S recommendation. the amount recommended will (sub•ect to the provisions of :he last sen- terce of paragraph 14.7: become due and when due will be paid by OWNER to CONTRACTOR 14.5. ENGINEER'S recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER :o OWNER. based on ENGINEER'S on-site observations of the executed Work as an experienced and qualified resign professional and on ENGINEER'S review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, infor- mation and belief: 38 14.5.1, the Work has progressed to the point indicated. 14 5.2. the quality of the Work is generaily in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole pnor :o or upon Substantial Completion. to the results of any subsequent tests calved for in the Contract Documents, to a final determination of quanrues and classifications for Unit Price Work under paragraph 9. t;. and to any other quali- fications stated in the recommendation), and 14 5 3. the conditions precedent to CONTRAC IOR's being enti:'ed to such payment appear to have been fulfilled :n so far as it is ENGINEER's responsibility to observe the Work However. by recommending any such payment ENGINEER wil, not thereby be deemed to have represented that: (i) exhaustive 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 Cortrac• Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally cy OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14 6 ENGINEER'S recommendation of any payment. in- cluding final payment. shall not mean that ENGINEER is responsible forCONTRAC:OR's means, methods. techniques. sequences or procedures of construction, or the safety precau- tions and ,.rograms :ncidert :hereto. or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work. or for ary failure of CONTRALIUR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER'S opinion, it wou.d be incorrect to make the representations to OWNER refered to in paragraph 14.5 ENGINEER may also refuse to recom- mend any such payment. or, because of subsequently discov- ered evidence or the results of subsequent inspections nr tests. r.u.lify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from'oss 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 :o correct defec- tive Work or comp ete Work in accordance with paragraph 13.4, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may reft,se :o make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONT RACTORs performance or furnishing of the Work, 11 m 11 31 11 11 SC 14.2. The ENGINEER, based upon 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. The CONTRACTOR shall furnish to the ENGINEER such detailed information including invoices from material suppliers as the ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as determined by the ENGINEER. Retainage shall be 1C% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the contractor in full with no additional_ retainage unless the ENG:NEER determines that the project is not progressing sa isfactory, in which case additional retainage may be retained to a maximum of 10%. When the work is substantially completed, any retained amount may be paid to the contractor except the OWNER shall retain an amount sufficient to cover any work not yet completed. The release cf retainage will be determined by the ENGINEER. If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate cr void the Contract. N:te, the failure of the Contractor to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. SC 14.4. Review of Applications for Progress Payment. Delete the last sentence of paragraph 14.4 of the General Conditic;s and replace with the following: After the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to t ne contractor, in accordance with the approved payment request, within 30 days. All efforts ;.111 be :rade to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. 9 STAFF REVIEW FORM AGENDA REQUEST x CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of N/A FROM: Sid Norbash ✓1n Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Reconciliation Change order #3 to the construction contract with Building & Utility Contractors, Inc., for the 24" Water Line Replacement Project. COST TO CITY: 51.132.40 Cost of this Request 5400-5600-5808-00 Account Number 95036-0020 Project Number $424,650.51 24" Water Line Replacement Category/Project Budget Category/Project Name $403,650.51 Capital Water Mains Funds Used Pc Datc Program Name $21,000 Water & Sewer Remaining Balance Fund BUDS EVIEW: BudgeLoordi nator X Budgeted Item Budget Adjustment Attached Administrative Services Director 1 /CONTRACT/GRANT/LEASE REVIEW: L �` ✓ fah Q ' X,(✓ %%',�L�kCP�1 AccourrEirl 3✓ai ager City Attoey��j� Purchasing Officer GRANTING AGENCY: Date ADA Coordinator N InfAI IC' t4rnal Au$itcr 1 (c- 2)-°i;; Date Date Date i ) 7'),, 1- - Date S FF RECOMMENDATION: Approval of the Change Order. Crnal Cen--1Z ` (& -d %=K- Division Head Date Department Director Services Director mayor Date Date 6/441 Date Cross Reference New Item: Yes_ No ?rev Ord/Res il: Or:g Contract Date: Staff Review Form FAY TTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kevin Crosson, Public Works Director Thru: Don Bunn, City Engineer Charles Venable, Assistant PWD / From: Sid Norbash, Staff Engineer shw Date: June 26, 1996 Re: 24" Water Line Replacement Building & Utilities Construction Co. Change Order #3 (Reconciliation) The above referenced change order was necessitated due to some extra work involved with this project. Please obtain the Mayor's approval. Change order and justifications are attached. SN/sn attachments • CHANGE ORDER (Instructions on reverse side) No. 3 Reconciliation PROJECT Fy-252 _ - 24 Tach Water Line Replacement DATE OF ISSUANCE June 12, 1996 EFFECTIVE DATE June 7, 1996 OWNER City of Fayetteville Arkansas OWNER's Contract No. CONTRACTOR Building and Utility Contractors, Inc. ENGINEER McGoodwin, Williams & Yates. Inc. You are directed to make the following charges m the Contract Documents. Description: Reconcile all quantities provided for additional work Reason for Change Order.. To reconcile contract quantities Attachments. (List documents suppor.:ng change) Attachments (2) Amend lump sum items and provide for payment for additional work CHANGE IN CONI'RAC: ('RICE Onginal Contract Price $ 349,600.00 CHANGE IN CONIRACT TIMES Ol lgina. onlract .Times Subslant.a: C plettor.: Read) for final p. -vert: days or dales Net changes from previous Change Orders No to No 2 Net change from previous . arge Orders No. r No $ 54,050.51 days Contract Price prior to this Change Order $ 403 650.51 Contract Tames prior to tilts Change Or. Substantial Completion. Ready for final payment days or dales Net Increase tderenes►) cfthis Changs Order $ 1,13240 Nei increase (decrease) . this Change 0 -der ___ days Contract Price with all approved Change Orders $ 404,782 91, —""- Contra fides with a'l approved Change Orders Sub nlial Completion: _ ady for final payment: days or dates McGoodwin, Wilharns & Yates, ]nc RECOMYS.NDED City of Fave,teville. Arkansas APPROV: Engineer (Aullioi vcd Sipnaltn:) /1Orl"ler Xulhimbed Sigpa:r.re) !via 1/4(er Date:Cid", /3/ fa Dale: J ul; e e2 `3 /9 �6 Building and Utility Contractors, Inc. CCFeT 13>• (1 M1.6¢a v / .. ontranar (A/ V iCu;hornd tiiBntare) Date: EJCDC No. 1910-8-13 (1990 Edition) Prepared by the Engineers Joint Contract Doccments Committee and endorsed by The Associated General Contractors of America • • CHANGE ORDER INSTRUCTIONS 0.4 A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating changeorder items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. rnass mut- .- RECONCILIATION ATTACHMENT TO CHANGE ORDER NO. 3 24 -NCH WATER LINE REPLACEMENT FAYET'EV IL LE ARKANSAS project No Fy-248 . � oa mad ow — Oster «.n Aame. •io ant a.a, wx. .acrd o.e.wa .m Nan 1 3675 . F 24' Diameter Ductile Iron Pipe 3675 3542 7000 133 93'000 2 300. F .6 Diameter Ouch. -on Pipe 300 206 20 CO 94 1 80000 3. 100 . F 1' Service Lae 100 600 100 600 Cc 4. 1OC L F 3l4• Service Lula 130 65 1C 30 35 350 00 5. Lump Suer 7 Connection at Ramey Jr HS 100% 100% 5.00030 6 5 Ea , Connecbon to Exstmg Service Meters 5 3 ' 000 00 2 2 000 00 7 4 Ea , Install Service Corporation Tao to Water Nan 4 5 500 00 1 500 CO • 6 1 Ea, 6' Gate VaNa and 24' x 6 Tee . DELETED 2.00000 9. 1 Ea Fire Hydrant 1 2.000 CO 10. lump Sum. Ile (Lme 1)b Exerting Pipe 130% 'OC% '5000 C0 ••11. Lump Sum, Te(Llne 1) at Old Fa-mmgton Road 130% 10C% '0,228400 28130 "12 Lump Sum. Tie (Line 1) at Staten 8.50 1C0% 'OC% 5,56200 56200 "12A Lump Sum Tb (Line No 1)0) Staten 12.80 100% 4.01350 100% 1,01050 "43. Lump Sum, To (Line 1) to Exatng Line at Stone Street100% 100% 4,023 00 .023 00 14. Lump Sum. Ile (Line 1) to Emtin9Lme 100% 100% 5800 CO I••15. Lump Sum, are Tap - DE.ETED 100000 100000 • 16 Lump Sum, Te(Line 2.Satnn 2.00) to Exemg Tee 103% 100% 5,34325 4.31325 17. Lump Sum, 7e (Lbs 2. Stationtemp 2.40; to Exg Lula 100% 100% 2)0000 '8 ldmp Sum, Te (Line 2, Satan 7473) to Basing Line 100% 130% 230000 "19 Lump Sum, Te (Line 2, Saran 11+61) to Ins ' OC% 130% 11 421 85 6,42'85 20 .ump Sum, Toe (Line 3; Satan 2.06) -DEL E'ED '0C% 130% 230000 2.00000 21. Lump Sum. Plug basing 6' Water Lme 10C% 100% 1 000 00 22 Lump St -n, Te (Lme 4) to Existing LOB 10C% 100% 14,457 90 23. Lump Sum, Tie (tine 4) to Existing IC Line 100% 100% 51169 14. .ump Sum,Tie(Line 4) to Exsbng Lew 100% 100% 4.062 2 25 260LF,7 Hot -Mood, Hot Lai Asphalt 260 428 2500 '68 423000 •26 45oLF,3• or greater to match Existing Hot-Maed,Hol Laid Asp 450 465 1000 15 450 CO 27 501 F Concrete for Concrete Drweway Repair 5D 65 50 CO 15 750 00 28 Lump Sum. Trench or Excavation Sarety System 130% 103% 2,000 00 29 Lump Sum. Change Location of .me No 2 130% 10C% •83471C •30600LF., Repacement of Sidewalk 600 220 1500 380 570000 '31- 1001 F., Replacement of 6 Concrete Sope 100 110 X100 10 20000 32 '00 L F., Replacement Curb and Gutter 100 113 2000 13 240 CO 33. 501 F, Concrete Flume 53 15 2000 35 70000. 14 400 ST Sod 400 435 500 35 17500 15 2 Ea , 2e sleeve -DELETED 1,56585 3,171701 '36 Lump Sum. Design of Traffic Control Plan for Hwy 62 103% 100% 750 00 "37 Lump Sum.Nighr1e-m 130% 2 908 50 100% 2.90850 "38 Lump Sem. 24•x 6 Tm d 6'valve o7 Lire No 4 130% 2056 D0 100% 205600 ( OrIOIna I Bld Item Changes 27.54410 26,711.70 i I Net Change 1,17260 Attachment to Change Order No. 3 24 -Inch Water Line Replacement Fayetteville, Arkansas Project No. Fy-248 The following additions are made to this project: Bid Item No. WATER LINE 1 11. Furnish 8 -inch valve to facilitate tie. Total Add This Iten $ 284.00 12. Furnish and install two 6 -inch valves. The method of tie to the existing system was altered. The additional 6 -inch valve was utilized to facilitate the final tie in the city. Total Add This Iten $ 562.00 12A. This item was added to provide a connection of the fire hydrant and sprinkler system to the newly -installed water line. Labor and material requirements are set out below: 15 hours for 410 backhoe @ $45/hour $ 675.00 63 Manhours @ $18.50 1,165.50 4 C.Y. Concrete for Reaction Backing @ $63 252.00 Materials (Invoice Attached) 1,918.00 Total Add This Item $ 4,010.50 13. This tie was altered and the 6 -inch and 2 -inch existing valves were removed and a 16 -foot piece of 6 -inch ductile iron pipe installed, and a 20 -foot section of 6 -inch pipe adjusted. Install 6 -inch valve. 4 hours for 410 backhoe @ $45/hour $ 180.00 16 Manhours, 4 -Man Crew @ $18.50/hour 296.00 1 Each 6" Gate Valve with Box @ $281 281.00 4 Hours Air Compressor @ $35 140.00 16 L.F. 6" Ductile Iron Pipe @ $7.88 126.00 Total Add This Item $ 1,023.00 • WATER LINE 2 16. The plans provide that the Contractor connect to an existing 24 -inch x 8 -inch tee and connect the 8 -inch line crossing the highway. The 24 -inch x 8 -inch tee was found not to exist. Additional material and labor were required to complete the tie. 6 Hours for 410 backhoe @ $45/hour 6 Hours for LinkBelt Trackhoe @ $95/hour 42.5 Manhours, 6 -Man Crew @ $18.50/hour 1 Day Service Truck @ $25 1 Each 1 Each 1 Each Furnish 24" x 8" Tee 8 x 6 Reducer 8" Gate Valve Flushing and Chlorination Fac's $ 270.00 570.00 786.25 25.00 1,304.00 104.00 284.00 1,000.00 Total Add This Item $ 4,343.25 19. Payment for 2 -inch pipe $ 569.85 Due to Line 2 relocation as set out in Change Order No. 2, this tie is different than bid. However, total fittings are less, since the one 45° bend was not required. Additional equipment and material required are as set out below: The reduction of material cost for the 24 -inch 45° bend not used is (1,050.00) An additional 24 -inch butterfly valve was installed at the City's request, to replace existing leaking valve: 12 Manhours, 4 -Man Crew @ $18.50/hour $ 222.00 2 Hours LinkBelt Trackhoe @ $95 190.00 1 Each 24" Butterfly Valve 2,880.00 Total Add $3,292.00 Additional work to connect to the 6 -inch line installed by the City crews. It was thought that the reaction backing required removal from the end of the line. It was determined that the concrete was in fact around a 6 -foot piece of pipe. At that point, the Contractor commenced and continued to lay Line 3. A11 pipe length and fittings were paid for under 6 -inch pipe (Bid Item 2). Extra hours and equipment actually used is set out below: 20 Manhours @ $18.50/hour $ 370.00 8 Hours for 410 Backhoe @ $45 360.00 175.00 5 Hours for Jackhammer @ $35 Total Add $ 905.00 • The method of tie was altered to provide for continuous flow which required additional reaction backing: 5 Hours for LinkBelt Trackhoe @ $95/hour 475.00 5 Hours for Dump Truck @ $60/hour 300.00 20 Manhours, 4 -Man Crew @ $18.50/hour 370.00 [Credit to City for 1/2 Labor Costs] (185.00) Lump Sum Rebar 330.00 17 C.Y. Concrete @ $53 901.00 Total Add $ 2,191.00 Additional materials and labor required to set hydrant at the correct location and depth: 2 Hours for LinkBelt Trackhoe @ $95/hour 12 Manhours, 4 -Man Crew @ $18.50/hour 2 Each 90° Bend @ $51 the fire 190.00 222.00 102.00 Total Add $ 514.00 Total Add This Item EXTRA WORK $ 6,421.85 37. [NEW ITEM.] To compensate the Contractor for night work. The City requested two ties on Line 1 be made at night so the numerous businesses in the area could have water service during the day, except 9:00 p.m. to 6:00 a.m. 141 Manhours $18.50/hour $2,608.460 Rental of Light (2 nights @ $150) 300.00 Total Add This Item $ 2,908.50 38. [NEW ITEM.] Furnish and install additional 24 -inch x 6 -inch tee. This tee and valve was required on Line 4 (near Mexican Original). 2 Hours for LinkBelt Trackhoe @ $95/hour 16 Manhours, 6 -Man Crew @ $18.50/hour 1 Each 24" x 6" Tee 1 Each 6" Gate Valve 1 Each Box 190.00 296.00 1,289.00 248.00 33.00 Total Add This Item $ 2,056.00 Total Add This Change Order $ 21,609.10 T T T a a- a / c,. en ,0 (0 U7 al m1 p N _ i i A W 0 C -c CO N Y 0 East Texas e } >' T a a a Arkansaw Meter &S Oklahoma Meter &S East Texas Utility Supply • u • CL a a CL a J (.0 (17 N •6 •6 2, d `m mR m x 0 X N rc c — - R Ym Q O w " Lu: Ld_1T L.DINIUT--01 COMST INC R. LIT[LITIES 7 Cr: • C -1 y X i 0 c H Ifi T T 0' C rJ W 0 Term•_ Cuts UJIner Purchase Order I' I-1Lr 10TH PROX FAYETTEVILLE WATER LINE isLomer Purchase Order 3 H C n+. O O Q iy 2 W .1 CL 0 c 400.000 y 0 CO 0' 0 RATE VALVE -J L co Q C L' W C 0 C 0 ON 0 Q` 450..000 C '0 r ,0 0 Y 4 1 z 0 r C 0 y c 0 0 iG O o) H JJ ft' CO c r H • 0] 1 • 0 O O 0 Ti Ti T -I N Pa 0 1. L Py O 0 Py Y -4 :J 1 • F i • • : c or Jo u` • • n w- r LL Ln cr as •• e. m fir` M o c c 0 c 5 a;L 3 o- Er 3 ca r re L sV CC u al n V y a c J u z • • r si u 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • SPECIFICATIONS AND CONTRACT DOCUMENTS CONTRACT CITY 24 -Inch Water Line Replacement Fayetteville, Arkansas Plans No. Fy-248 May, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas ® 1995 McGoodwin, Wililams and Yates 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADDENDUM NO. 2 24 -INCH WATER LINE REPLACEMENT Fayetteville, Arkansas Plans No. Fy-248 Dated May, 1995 The Specifications and Contract Documents for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Section 01025 - Measurement and Payment Page 01025-3, under paragraph H (Bid Items 10 through 24 - Tie or Plug to Existing System), add the following at the end of the paragraph: "The price bid also includes any crushed stone backfill and surface repair within city streets or parking lots." GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (501)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. June 28, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 I ADDENDUM NO. 1 24 -INCH WATER LINE REPLACEMENT Fayetteville, Arkansas Plans No. Fy-248 Dated May, 1995 The Plans for the above project are hereby changed or clarified in the following particulars: PLANS Sheet 3 Ii) Reference Water Line No. 1, Station 0+00; and Water Line No. 4, Station 0+00: The 24" tee installed at these locations will require a 24" plug during the abandonment of the existing water line. ' 2) The existing 24" plugs to be removed by the Contractor at Line No. 1 @ Station 7+50 and Line No. 2 @ Station 2+00 will become the property of the Contractor. ' 3) The Contractor shall provide adequate flushing facilities for all newly installed lines. 4) Station 12+80: The Plans show an existing fire hydrant. It is not the intent of the project to reconnect this fire hydrant to the newly installed 24" water line. GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (501)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. June 27, 1995 I McGoodwin. Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 [1 I I I I I I I I L I I 1 I I SPECIFICATIONS AND CONTRACT DOCUMENTS 24 -Inch Water Line Replacement Fayetteville, Arkansas Plans No. Fy-248 May, 1995 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas ® 1995 McGoodwin, Williams and Yates I I P TABLE OF CONTENTS 1 ADVERTISEMENT FOR BIDS ' 2 INSTRUCTIONS TO BIDDERS 4 PREVAILING WAGE DETERMINATION 5 BID 6 AGREEMENT 7 PERFORMANCE BOND AND PAYMENT BOND GC STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT SC SUPPLEMENTARY CONDITIONS IDIVISION 1 - GENERAL REQUIREMENTS 01010 01025 01026 ' 01027 01035 01040 1 01050 01095 01200 01300 01400 01500 01600 01631 01700 1 01740 DIVISION 2 - SITEWORK 02110 ' 02160 02200 02511 1 02520 02665 SUMMARY OF WORK MEASUREMENT AND PAYMENT UNIT PRICES APPLICATIONS FOR PAYMENT MODIFICATION PROCEDURES COORDINATION FIELD ENGINEERING REFERENCE STANDARDS AND DEFINITIONS PROJECT MEETINGS SUBMITTALS QUALITY CONTROL SERVICES CONSTRUCTION FACILITIES & TEMPORARY CONTROLS MATERIALS AND EQUIPMENT SUBSTITUTIONS CONTRACT CLOSEOUT WARRANTIES SITE CLEARING EXCAVATION SUPPORT SYSTEMS EARTHWORK HOT -MIXED ASPHALT PAVING PORTLAND CEMENT CONCRETE PAVING WATER SYSTEMS I(DIVISIONS 3 THROUGH 16 NOT USED) Li U J ADVERTISEMENT FOR BIDS ' Notice is hereby given that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 p.m. on Thursday, June 29, 1995, for furnishing all tools, materials and labor and performing the necessary work for construction of 24 -Inch Water Line Replacement. At this time the bids received will be publicly opened and read aloud in the Purchasing Office of City Hall. The work generally consists of: Approximately 3,300 linear feet of 24 inch ductile iron or PVC pipe, 300 linear feet of 6 inch ductile iron or PVC pipe, service lines, connections to existing services, fire hydrant, 15 ties to system, and asphalt and concrete repair. IPlans 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 $50.00 for plans and $50.00 for specifications, a total of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. ' Each bid must be accompanied by an acceptable 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 City of Fayetteville, Purchasing Office, 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 24 -Inch Water Line Replacement, the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. The City Council 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 City. The City ' Council 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 13th day of _. :une 1995. I/s/ Peggy Bates Peggy Bates, Purchasing Officer 1-1 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) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. ' 1.2 'Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. ' 1.3 •Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. I1.4 "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. I 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. I 1 2-1 Instructions I to Bidders STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. 1 This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. I 1) Name of Bidder. 2) Permanent main office address. I 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? 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) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. I 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, I including the officers. 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day I of 19 I 2-2 I I Name of Organization: State of County of 1 Li L I II that he (she) is the Title Instructions to Bidders duly sworn deposes and says of Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 My commission expires • (Seal) I I I I I I Notary Public 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 4.1.1 to examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 1 2-3 Instructions ' to Bidders 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 or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. is 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 general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor 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 1 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 paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, ' interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data 1 furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and I Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated 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, be responsible 1 to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or 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. J 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder I 2-4 1 Instructions ' to Bidders deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and ' restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted, On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. 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 or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of 1-4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. ' 5. AVAILABILITY OF LANDS FOR WORK ETC. 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 I permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for ' 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding 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. 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 1 1 2-5 Instructions ' to Bidders 7. BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an ' amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the.,General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, 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. 8. CONTRACT TIMES. 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 term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid ' Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth ' in the Agreement. 10. 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. Whenever it is indicated in the Drawings or specified in the Specifications that a ' substitute or "or -equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the 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 General Requirements. 11. 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 such workers' 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. ' 2-6 , I I LJ I L I I I I I Instructions to Bidders 12. BID FORM 12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 12.4 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. 12.5 All names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7 The address and telephone number for communications regarding the Bid must be shown. ' 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above. State contractor license number must also be shown. 13. 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 DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS ' 14.1 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. 14.2 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, 1 2-7 Instructions , to Bidders 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. 15. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted. 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. ' 16. 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. 17. AWARD OF CONTRACT ' 17.1 Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and 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. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. 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. Discrepancies between words and figures will be resolved in favor of the words. 17.2 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. 17.3 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. 17.4 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. 17.5 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 ' 2-8 1 I C Li I I ET I I Instructions to Bidders in the best interests of the Project. 17.6 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. 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 19. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20. 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. 21. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the ' Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. ' 22. 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. 1 2-9 Instructions ' to Bidders I 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. ' 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been , or is being paid a rate of wages 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. 23. 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. 24. 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. , 25. 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. 1 I Li 1 2-10 I Jim Guy Tucker Gov I I I I I STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501)682-4500 • FAX - $01)69-45Z0. TDDQ9) 285-1131 Richard Cantrell McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 Dear Mr. Cantrell: James L. Salkeld oireemr RE: 24 -Inch Water Line Replacement Fayetteville. Arkansas Washington County ' in response to your request. enclosed is Arkansas Prevailing Wage Determination Number 94-277 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. §§ 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. I£ 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.§§22-9-308(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. §22-9-308(c). Additionally, the scale of wages shall be posted by the ' contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). Also enclosed isa"Statement of Intent to Pay Prevailing Wages" form that should he_put inyouur specifications along with the _wage determination - The General \Prime Contractor_is s res_itnsihle forgetting_ this form filled out and returned to this ' office within_30 days of the Notice to Proceed for this project- Ple-ase notify me whenyouu issue_ our Not ice toPro ceed for this_proLect If you have any questions please feel free 10 con! art me at (501) 682-4533 or through fax at (50I) 682-4508. Sincerely, Ann Sanders Prevailing Wage Supervisor enclosure 4-1 Page 1 of 2 ARKANSAS DEPAR'T'MENT OF LABOR ' PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: April 20, 1995 DETERMINATION N: 94-277 PROJECT: 24 -Inch hater Line Replacement COUNTY: Washington Fayetteville, Arkansas EXPIRATION DATE: 10-20-95 SURVEY II: AH05 BASIC HOURLY FRINGE ' CLASSIFICATION RATE BENEFITS Bricklayer/Stonemason 7.20 Carpenter 7.20 Concrete Finisher/Cement Mason 8.00 • Electrician 12.00 .46 • Laborer 6.75 Mechanic 6.90 ' Pipelayer 7.00 Power Equipment Operators: Group II 8.95 Group III 8.70 ' Group IV 8.10 Welders --receive rate prescribed for craft performing operation to which welding ?s incidental. CERTIFIED JULY 1, 1994 • Classifications that are not listed, but that are going to be working on this project, should be requested from the Arkansas Department of Labor, Prevailing Wage Division. These written requests should he made as soon as you notice that a required classification is missing, normally this would be during the bid process. 1 I I I I L 1 4-2 I I I I I I I I I I I Li I I I Page 2 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: April 20, 1995 DETERMINATION #: 94-277 PROJECT: 24 -Inch Water Line Replacement COUNTY: l+ashington Fayetteville, Arkansas EXPIRATION DATE: 10-20-95 Power Equipment Operators: Group_ II Operators engaged in operating the following equipment or performing work relative to the engineer's jurisdiction: Hydraulic cranes, cherry pickers. backhoes. and derricks with a lifting capacity less than 50 tons, as specified by the manufacturer, backhoes, tractor or truck type, overhead & traveling cranes, or tractors with swinging boom attachments, gradealls above equipment irrespective of motive power, leverman (engineer), hydraulic or bucket dredges, irrespective of size. GroupIII Heavy Equipment Operators. Operators engaged in operating the following equipment: bulldozers. front end loaders, sidehooms, skytracks, push tractors, pull scrapers, motor graders, trenching machines. regardless of size or motive power, backfillers, central mixing plants, 10S and larger, finishing machines, boiler fireman high or low pressure, asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, rotary. cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator. Group _IV Light Equipment Operators. Operators engaged following equipment: Oilerdriver motor crane hoists, winches and air tuggers, irrespective in operating the single drum of motive power, winch or A frame trucks, forklifts, rollers of types and pull tractors, regardless of size, elevator operators inside and outside when used for carrying workmen from floor to floor and handling building material, Lad-A-Vator, conveyor, batch plant. and mortar or concrete mixers, below 105, end dump euclid. pumperete, spray machine and pressure grout machine, air compressors, regardless of size. All light equipment, welding machines, light plants, pumps. well point system dewatering and portable pumps space heaters, irrespective of size, and motive power, equipment greaser, oiler, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. 1 4-3 !1 I I I I I I I I I I I I I El I I M 4 W 4 Q4 00 o +� 4 w O m 3 •u ^ + E ^ ro >-O Q[' c ao Ol74COt: oQ 3 04th N E y E m O UZ a)••iCUWU 4b O m ro 3 c O O ro L4 ,Uaa c O Ski 4 O 44A G) OU C m 3 14 ti0 r-1 144 0 U >,' i OLrJ •Q QIH U 14 ymc) 03 - -U 4rc b 1 U)) O m o tr c 4 O oromnmH In -_I W IQo0 a; U a)b 4 Q a):,u4'n a 4 n 0 4 3 a i O U 7 c --L] i U) -0 y ro m m m u U;.14 -WtQ ,? + c ti o m U A W S L] Sa �U U LL L] -W 4ym+ 3a C W C U w m m m :nLiCF33 •.1 � T 4 G O bn U� U -H — F 4 a) Q'^+'ti a) m m C ~ fl) O w001414 0 4 4 4[3x0, 0 ti a a) 4 I i I j I I I i 4 4 a U U 0 r cG 4 L i) U +) 4' a-: r o U G 0 i U U U C ] r, O - C 4 a U L: 1 Vi L] c r r U U U [ CI 4 L• ry -C .ti 4: a^^, U .C c L — O W CL (D.C tD w a4 4-4 H El BID I 24 -INCH WATER LINE REPLACEMENT Fayetteville, Arkansas I I Li I I L; I I I Plans No. Fy-248 Dated May, 1995 City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To the City Council: 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 fifteen 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: I a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number I 95 and such addenda are attached to the Bid. I 5-1 I b) Bidder has visited the site and become familiar with and is satisfied as to the ' general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. Id) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site ' (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder 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 as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. If) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. 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 5-2 - 41rnsa- dz kuIth�tt+'h �Qkecs �C I 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. ' 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the formofbid bond or certified or cashier's check for D ($ 1. I5. 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. 3,300 Linear Feet, 24" Diameter Pipe (Ductile Iron or C-905 PVC, at Contractor's option'), installed with fittings, complete in place 2J/ o€ ' ` L ' dollars QL /L.F. $ {Doll r Amount Written in Words) (In Figures) (Total in Figures) 2. 300 Linear Feet, 6" Diameter Pipe (Ductile Iron or C-900 PVC, at Contractor's option'), installed with fittings, complete in place ' 1 t k,t ^L C L l a• •1 dollars ( C l�C)/L F. `{ 1 D C . 3. 100 Linear Feet, 1" Service Line (copper pipe, poly -wrapped), including any surface repair, complete in place dollars ( L c1C)/L.F. l ceC • CD 4. 100 Linear Feet, 3/4" Service Line (copper pipe, 1 poly -wrapped), including any surface repair, complete in place dollars ( I C' 01`)/L F. l • : Cc ' 5. Lump Sum 2" Connection at Ramay Jr. High School, (copper pipe, poly -wrapped), includes line, tapping saddle, tcorporation stop, tie-in and fittings, complete in place L — -- dollars b. Ce fl . (l I6. 5 Each, Connection to Existing Service Meters, includes tapping sleeve or saddle, corporation 1 stop, tie-in and fittings, complete in place dollars ( Lt/Each 5 ,COQ .03 *Bidder shall circle type of pipe being bid. 1 5-3 I Item Estimated Total ' No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 7, 4 Each, Install Service Corporation Tap to ' Water Main, 5 feet of 1" copper pipe (poly -wrapped), location post marker, complete in place —� , : ..l i Y1' , °l 4 � •l dollars ( . )Lt d�11JEach $_9 rtLfl . CC 8. 1 Each, 6" Gate Valve and 24" x 6" Tee installed at Station 0+00 (Line 3), plus fittings as required, complete in place L'1 & 1 2C; 1'\d - dollars ( 9 W-f1jiEach , LtC„ h<; 9. 1 Each, Fire Hydrant, including anchored ' auxiliary valve, complete installation t l ` i t ;1(l _lct CTU dollars (f < •�t}/Each C (DC) ' 10. Lump Sum Tie (Line 1) to Existing Pipe, Station 0+00, including tee, solid sleeve, butterfly valve, ' bend, pipe, and tap for disinfection, complete in place 1 L Y C_ L dollars i flnm CC' 11. Lump Sum Tie (Line 1) at Old Farmington Road (Station 1+50) including tee, pipe, and fittings required for ' tie, complete in place i C r 1,1 ,,.la (:t AId dollars �-�C ' C (S 12. Lump Sum Tie (Line 1) at Station 8+50, including tees, bends, and 6" pipe to connect to existing pipe, plus fittings required for tie, complete in place Cu 11CL dollars cOC'' Co 13. Lump Sum Tie (Line 1) to Existing Line at Stone Street ' (Station 14+10), including tee, bends, and 6" pipe and fittings to connect to existing pipe, complete in place T F) \ - • T. D- , ,'L I .'u %, ),I ( `l dollars J, Ccc • no o ' 5-4 I LJ I I I I I I I J I L I I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 14. Lump Sum Tie (Line 1) to Existing Line (Station 16+60 to 16+80), irc:uding any fittings or pipe required, and temporary plug for flushing, complete in place 1 -1 i 1 11 Cw dollars $ r ( L 15. Lump Sum 3/4" Tap (Line 2; Station 0+00) for Disinfection, complete in place k;l/1 T,LCI t Ci.f iCt dollars L4 C cc 16. Lump Sum Tie (Line 2; Station 2+00) to Existing Tee, remove plugs and install fittings or pipe required to tie to 8" line, complete in place JL4 1 3` -! JCL z dollars 1 17. Lump Sum Tie (Line 2; Station 2+40) to Existing Line, includes tees, valve, bend, 8" pipe and fittings, as required, (for future fire hydrant) complete in place it a`f l( tdollars (,GPJC (/r 18. Lump Sum Tie (Line 2; Station 7+53) to Existing Line, includes tee, valve, bends, 8" pipe and fittings, as required, comple t e in place 1 LC C fi.'1 1.1._ )�Z i � dollars 13. Lump Sum Tie (Line 2; Station 13+20) to Existing Line, includes bends, pipe and fittings required to connect, complete in place r •I u' P'1 , 'I I .r! 1 11..�1n rep i 1 20. Lump Sum Tie (Line 3; Station 3+00), includes tee, solid sleeve, and any fittings or pipe to ' tie to existing pipe, provide temporary flushing facility, complete in place 1 - cecinc 5-5 L I I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 21. Lump Sum Plug Existing 6" Water Line, Intersection of ' Hwy. 62 and Hollywood Street, including pavement repair, complete in place ( % (i,i'`ft 4-)c4 dollars $_, CCC (`( 1 22. Lump Sum Tie (Line 4) to Existing Line (Station 3+60), ' including bends and temporary flushing station, and any fittings and pipe required, complete in place tki y'\ CLL9cA Y')CL dollars 1 OC(5?) 23. Lump Sum Tie (Line 4) to Existing 8" Line (Station 2+10), ' including tee, plug and gate valve, and any fittings and pipe required for tie, complete in r place II II� ' C:11 4 .V`� C :.t .T1.1�)C i_ ��.L'� f1U11(1 l eCldollars 1 !jCxC. (`'R`. ' 24. Lump Sum Tie (Line 4) to Existing Line (Station 3+60), including tee, bend, butterfly valve and pipe or fittings, as required, complete in place C 1 1 I)C /nT dollars � cce - `C 25. 260 Linear Feet, 2" Hot -Mixed, Hot -Laid Asphalt ' over 6" Concrete for repair of road crossings, includes Class 7 trench backfill and compaction, complete in place dollars ( 5gn �`/L.F. ' 26. 750 Linear Feet, (3" or Greater to Match Existing) Hot -Mixed, Hot -Laid Asphalt Concrete for repair of driveways and parking lots, includes Class 7 trench backfill and compaction, complete in place lC CLCUQ1A _dollars /L.F.Od c ' 27. 50 Linear Feet, Concrete for Concrete Driveway Repair, includes Class 7 trench backfill, ' and compaction, complete in place n' Y� �iC dollars (J0-ct)1.F. ,c57 �. n( 1 5-6 I I I I Item No. Estimated Total Quantity Description of Item and Unit or Lump Sum Price Bid Amount 28. Lump Sum Trench or Excavation Safety System as required by Act 291 of the 1993 Arkansas General Assembly TOTAL BID .................................... $_:3 `� I ). (( \ 5. (continued) The contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville. Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. ' 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 and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete and the line in service ' within 60 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 90 calendar days after the date when the Contract Times commence to run. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the ' event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated ' below. 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. 5-7 I 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 i 1 Submitted this day of , 19 . Respectfully submitted, AttpRt: (Seal, if bid is by corporation.) Arkansas License No.G13Q!Q45 6 LI 1 I 1OR 1 r _ `Po e`2..2��� 01 Q (Business Address & Zip Code) 7a13 a I AGREEMENT ' THIS AGREEMENT is dated as of the day of_________________ • ' in theyearl9 by and between the city of Fayetteville, Arkansas (hereinafter called OWNER) and ' Building & Utility Contractors, Inc. of Redfield, Arkansas (hereinafter called CONTRACTOR). ' Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ' Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Approximately 3,300 linear feet of 24 inch water line replacement and 300 linear feet of 6 inch water line, with associated connections to existing system, appurtenances, and other related items of work, which consists of all items as set out in the Bid and these Plans and Specifications No. ' Fy-248, dated May, 1995, for the unit and lump sum prices bid in the Bid, including all work required for a complete installation. ' Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES ' 3.1 The Work will be substantially completed and the line in service within sixty (60) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within ninety (90) days after the date when the Contract Times commence to run. ' 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed ' within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the Genoral Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work ' is not completed on time. Accordingly, instead of requiring any such proof, Owner and 6-1 E I L; I Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. I Article 4. CONTRACT PRICE C L: I I I I Li I I I I I Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being Three Hundred Forty -Nine Thousand Six Hundred ($ 340,600.00 and no/l00-----(use words) --------------------- (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on or about the 15th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being 50% completed as determined by Engineer, and if the Work have been satisfactory to Owner recommendation of Engineer, may determine tha t retainage). If Work has been the character and progress of and Engineer, Owner, on as long as the character and ' 6-2 I ' progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such ' amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. ' 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. IArticle 6. INTEREST All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. ' Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following I representations: 7.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding 'Documents including "technical data." 7.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. ' 7.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. I n 7.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor 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 Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that I 6-3 Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. ' 7.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions ' for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS IThe Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 8.1 This Agreement. 8.2 Exhibits to this Agreement. 8.3 Performance, Payment and other Bonds. 8.4 Notice to Proceed. ' 8.5 General Conditions. 8.6 Supplementary Conditions. 1 8.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 1 8.8 Drawings consisting of a cover sheet and three sheets. 1 6-4 1 8.9 Addenda numbers 1 to 2 ,inclusive. 8.10 Contractor's bid. 8.11 Documentation submitted by Contractor prior to Notice of Award. 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other ' documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). ' There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. ' Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the ' Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. i ' 6-5 I This Agreement will be effective on 1 l if'iYL'�1 C� / , 19� (which is the Effective Date of the Agreement). I OWNER: CONTRACTOR: CITY OF FAYET^_EVILLE, ARKANSAS BUILDING & UTILITY CCNTRACTORS, INC. By: F ed Hanna, Mayor Kourosh Malek, President [Corporate Seal] Attest f? t i. ¼702J1 Traci Paul, City Clerk Address for Giving Notices 113 West Mountain Fayetteville, Arkansas 72701 I I I I I I Ii I orporate Seal] Vl. r1 n Attest !I Address for Giving Notices Post Office Box 69 Redfield, Arkansas 7232 1 6-6 I Bond #JP6330 I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Building & Utility Contractors, Inc. a (2) corporation P hereinafter called "Principal" and (3) St Paul Fare and Marine insurance Company ' of St Paul , State of '•1innesota ,hereinafter called the "Surety," are held and firmly bound unto (4) the city of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum Of Three Hundred Forty -Nine Thousand Six Hundred and no/iGO------ dollars ($_349,600.00 ) 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. 1 THE CONDITION OF THIS OBLIGATION is such that whereas, e P incipal entered into a certain contract with Owner, dated the day of 19, a copy of which is hereto attached and made a part hereof for the construction of: 24 -Inch Water Une Replacement: Fayetteville, Arkansas; Plans No. Fy-248. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the 1 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. I 7-1 I This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) co terpa s, each ' one��of{{w"" which shall be deemed as original, this the day of t �z ' St. Building & Utility Contractors, Inc. a Principal I ' Principal) Secretary By (Seal) Kourosh Ma1eK, President Post Office Box 67 Redfield, Arkansas 72132 Witness as to Principal Address Address Attest: St Paul Fire and Marine Insurance Company Surety y/,�� ' (Surety) Secretary By L' �c (Seal) Atto ney n -Fact Betty L. Minor I I I I I I Witnessas to Surety Linda S. Pierce Sullivan Road Pine Bluff, AR 716C3 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. P 0 Box 8367 Pine Bluff, AR 71611 Address 7-2 I I Bond #JP6330 Li I I U THE CONDITION OF THIS OBLIGATION is such that whereas, ,the 7rincipal entered into a certain contract with Owner, dated the day of t 19_'5 , a copy of which is hereto attached and made a part hereof for the construction of: 24 -Inch Water Line Replacement; Fayetteville, Arkansas; Plans No. Fy-248. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 1 7-3 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Building & Uti.1:.ty Contractors, Inc. a (2) corporation hereinafter called "Principal" and (3) St Pau. Fire and Marine Insurance Company of St Paul ,Stateof Minnesota ,hereinaftercalled the "Surety," are held and firmly bound unto (4) the city of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum N Three Hundred Forty -vine Thousand Six Hundred and no/100------- dollars ($_349,600. 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. 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. I I I I I IN WITNESS WHEREOF, this instrument is executed in six (6) c9�nterparts, ach one of which shall be deemed as original, this the -A day of L 19 } 1 '(Principal) Secretary (Seal) Witness as to Principal ' Address Attest: I '(Surely) Secretary (Seal) , Witness as to Surety Linda S. Pierce ' Sullivan Road Pine Bluff, AR 7:603 Address Building & Utility Contractors, Inc. Princi a i 1L i�C� 1 ` L By Kourosh Malek, President Post Office Box 67 Redfield, Arkansas 72:32 Address St Paul Fire and Marine Insurance Cor.pany Sur7e;v�YL— Atto By L ne In -Fact Betty L. Minor PT10 Box 8367 i P n c u 1u€, AR 71611 Address NOTE: Date of bond must not be prior to date of contract. I (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. I 7-4 ,TheStPhul ST. PALL FIRE AND MARINE INSURANCE COMPANY CERTIFICATE OF tiurrr, 38.5 Washington Street. St. Paul. Minnesota 55102 41 THORITY NO. CERTIFIED For seificatior of the ..uthe rot ti y of Ins PoA ci of.\norres, ''ii •ray it enhone .oll Inc l SJn 42 ;N rt line ask for ('OP] NO. me Pm. e: of Ahorncy C Itrk Pc : ,e rateIo •Fz Ccrtincat_ n \alh.rm No and the nand Indi,-dual sr F-13025 GENERAL POWER OF ATTORNEY - CERTIFIED COPY (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESF:STS: 1 h..t SI. Paul Fire and Marine Insurance Compare. a e up.ralion organized and iki4mg under tic tau, r1 Pie Stale of s1illut,ola has Ing its pnnr real of: ILe n the ( its i t It Paul Nil me•,•:a doe, here' conditule ..ri appoint: Alpha Coe, Bettye H. DeJarnette, Michael D. Carter, Linda S. Pierce, Betty L. Minor, individually, Pine Bluff, Arkansas its :mz and tav fun anon en(sl-n-tart to CXCCUIC. 'rel :.nd del .'r /Pi and rn I- hetaf a• su-cn my anc all hinds aid urdcrtdings, n eofri.'anees. curimcts rf mdemi 1n ,.nd othe: amnia nhligaton in :he nature thereof. k. hick av ur man no all: ad. icc aired n• pemneed ss .at,. slat, le, I r I cgulan• 1..+mtfacl or Doer"i". NOT TO EXCEED IN PFiQALTY THE SUM OF TEN 14' I TJON D0LTARS ($10,000,000) EACH .ini the exJLuuon .,1 a t sac t insirurznt •: in par-uarre of :Pest. 9ue•ern, -h ill he as n nJmg open saris St. Paul Fire and Marine Insurance Company, ,.• ]all, and amp], it as intent, and purpc-es. as -f n s. ire I -a,] xen dots exetulcJ anc. a:}.r.,a.ed; ed by its reca!arh r ettcJ rft .r ers dlii' pnatipal office his Pone: of Altornen is exeei.tcd, anc ran he c muted hi and mix ne in eked ptr•uart to and m auminiN ni Aisle V: Secnon 11(C) of the Bt-i as adopted hs the SFarcholders of SC P41 -I. FIRE. AND MARINE INSI RAN('1: COMPANY at a rreeunp called and help or. it,: 24ih d nil Ann]. 19'4. of s.Iit.h Ile •ohnwiag Is a :mz transcript of said Set. lid r S IC "f he Pre•ment tit an. Vice P•esidert. Ass start \ ice N-e,:.t:r I Sc . n•:an or ten lie Ctntei ('cur, .1 Manager sha,l hale pns Cr and authonI% 11; In appo ci Atu'rncys in tat t and to amhonze then to execs to no httalt o1 :Fe ( onrrar), aid anach the Seal "1 tit. Cot span. thereto. bonds and undertanings. mzogn.znr -es. :orti act, kit mdemras and other u-ihngs ohlig,ann in Lie rature Ihereo•, and 2 [I, appnnt s.,r.la] An., me, n- n-Isil, NFr ,ae F:reh., alllhon,ed to kenrfr It, eul•ie• o- any power -o] -axon e. i•suee in panuante of ,H, •celmn auc'or link of nt By La' • of me ( rmpauy. and 1;. D+-cmo%-.a: n tot, ark i rh Actantcs -m- all nr Special \t mn.r.-t.,r:..nd T:x eke the ..ulIn'nl gDen h:n.. Fl.nbil-. it, s Paw er of Aunrres is -ipred art] sealed ha:simile pur'a..nl :o resrh t nn of Pre Bran'. of Directors of tyid Coin Tam auor:ed at a nccli n} di h : allyd and held on the f th day of Ma' 1559. tit whnF the nl.mxurg:, .rhac i 4 e pC "Nov, :herefo:c the srtma'r.res of Na, h unit ers and IN seal of the Corn 'an' nan he a!fixed Ii my such poser of atnmck nr art k endic ate IT atng diert.nt hs fa•imil:. and an suc9 pruzr .'t air• ic' or : e.^.d;catc aeanne 'on fat Shill e s fnatares or fatsm it' seal 'hair he salid anc h-ri rg upon the Copan. and a',' wet' pour- so executed and rer.ifed IN, ]arsimile signature- ..nd faun it sc i1 shall he calif and h.rdmg upon the Contrails m tie Lime Milli respell I: auy bond -'r undciabrg to s hir n n is arlachec: IN TUSTIMONY WHI•RL(sl . St. Paul Fire and Marine Insurance Company his iaased ins ir•Imniert Io +r c.pnec and its corpnia:e (rs . sea: Ie he affixed 1•s it, ..u:hori,ee n11ik.:I. this (hth dw r t Non enher A.U. 19µt °bs ST. PALL FIRE AN➢ MAmNF: INSCRAN('ECOMPANY i ' ST.\TF•lur NEW H.RSI.} l x 1 ';n,�„max County at Somerset f }11CH AM.B KhI.(iA\, Set.rtary Onthi• 13th das of January l9 95 be•ore me came the indisidua' ul•r rxeCLlec the preceding instrumen.. Io Inc persrn..l.y xnoun. anc. being by re cut, ;rn. said ta,.t Fe/she i• the therein de coned and aatho-:zeJ offitzr ci St. Paul Fire and Marine Insurance Company; that tic seal atf xzd h. said mart men; n tz Corpnra:e Sea: ci -aid C ompans, :Fat ;he said Corp ora'c Sea, aid his her signature wi to dub avineJ hs onlcr a. the Bowel at Diret ton .it 'ac Conipa1s IN Tl-'TIMI IX? NHL4EOl• I has e hueurto vl m} hard and ..ffnrd my Otfrtaal Seal at the ins n: rip of Belmm•tcr. Neu Ic,sen the *5ALr Jay and star fist ahmr ur Cen l Pi NEM I ]NDA SMif1}fl RS. Notarn I'r.hls. Middlesex NJ pis ('rnnnii•sion l ,nrzs Dec:moei IF, 1946 CERTIFICATION I. the anders: fined officer o: St. Paul Fire and Marine Insurance Cnmpam. ec herein cerifx that I have compaaeo the torrgnmZ copy of the Fos er of Actome) and of )emit. and [te a,py I t the Secuor the Hs •I as cut sa:d Conpn' a• •el milt, n 'aid Pnwei o' Anornex. ui:h the ORIGIN41 S ON FILE IN THE HOME OFFICE OF SAID COMPANY. ,.ni n,.t nit •an a ire correct rr.mri ip's therm t ..rd (it the oho e of the ,aid ongmal•. and that the air Pnue- of Anon e) has not hero iv' eked and is now in full tone and dice.. 'k''LAl y 4 � •� • '• IN ❑tS IIMON} A HERF.1 )P. 1 hanc I e -s anti sr' an hanc This -c ___-] th dac in: __ _ gust 'I _ _ '_ S11('HAEl \\ 4N..J(SON. A••I Seetra•) Au Only a :yeti eel cop} ii Prw ci at \rnmey Lwannp the ('e-ti•reale of Auchrr.n No pr n eel in red on the uapc: right corner r bindrug Pholaeopie-. car+on espies o: ::her reprodi.r:ions of Ihi document arc in' a'idand r::'+;ndirg upon- he Cmmam 1NI INS rkl'MENT ISM FD IN EXCESS OF THE PENALI Y AM(lt-ST ST&TED ABOVE ISTOTALl.4 Y OID AND µll HOI'T ANY \ 11 11)1 TV. 29550 Rev 4-95 PrmleJ in US A. III I Li I I I I Li I I I I I This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee Issued and Published Jointly By f .NATIONAL ` :SOCIETY'OF ' PROFESSIONAL ,Ct.E: ' °- ENGINEERS _ - ro�xn C: PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by •..l =/ y .i1 ii The Associated General -°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) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (19'X) Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910.12) (1990 Edition) may be used. I EJC:X' No 191,1 A (19'M) Ednionl © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 ' TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Page Article or Paragraph Page ' Number & Title Number Number & Title Number 1. DEFINITIONS ................................... 13 2.5-2.7 Before Starting Construction; 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to 1.2 Agreement ........................... 13 Report: Preliminary Schedules; ' 1.3 Application for Payment .............. 13 Delivery of Certificates of 1.4 Asbestos ............................. 13 Insurance .........4.4....4...4..... 15 1.5 Bid...................................13 2.8 Preconstruction Conference .......... 15 ' 1.6 Bidding Documents ................... 13 2.9 Initially Acceptable Schedules ......... 16 1.7 Bidding Requirements ................ 13 1.8 Bonds................................13 3. CONTRACT DOCUMENTS: INTENT, AMENDING. 1.9 Change Order 13 REUSE .........4 ............... 16 3.1-3.2 Intent ....4......4.44......... ........... 16 ' 1.10 Contract Documents ..................13 1.11 Contact Price ........................13 3.3 Reference to Standards and 1.12 Contract Times 13 Specifications of Technical Societies; 1.13 CONTRACTOR ......................13 Reporting and Resolving 1.14 defective ......................... 13 Discrepancies 16 1.15 Drawings ............................. 13 3.4 Intent of Certain Terms or Adjectives .. 17 1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents ....... 17 1.17 ENGINEER ..........................13 3.6 Supplementing Contract Documents ... 17 R's Consultant ............. 13 3.7 Reuse of Documents ..... 4.4.......... 17 ' 1.18 ENGINEE 1.19 Field Order ........................ .. 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND 1.20 General Requirements ................ 14 PHYSICAL CONDITIONS;REFERENCEPOINTS. 17 ' 1.21 Hazardous Waste ..................... 14 4.1 Availability of lands .................. 17 1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17 Regulations ................. ...... 14 orts and Drawin s 4.2.1 Re 1.23 Liens.................................14 p g ... 17 4.2.2 Limned Reliance by CONTRACTOR 1.24 Milestone ............................. 14 Authorized; Technical Data .........IS 1.25 Notice of Award .........4...44.4..... 14 4.2.3 Notice of Differing Subsurface or 1.26 Notice to Proceed .................... 14 Physical Conditions .................IS ' 1.27 OWNER 14 4.2.4 ENGINEER's Review ............ ... 18 1.28 Partial Utilization .....................14 q 2 5 Possible Contract Documents Change . 18 1.29 PCBs ................................14 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum ............................14 4.3 Physical Conditions —Underground 1.31 Project ......4...4.....4....4......... 14 Facilities ...........................18 1.32 Radioactive Material ...4.44.4... .. 14 4.3.1 Shown or Indicated ...................18 1.33 Resident Project Representative ....... 14 4.3.2 Not Shown or Indicated .............. 19 1.34 Samples ......4.4.4.........4......... 14 4.4 Reference Points ...................... 19 ' 1.35 Shop Drawings ....................... 14 4.5 Asbestos. PCBs. Petroleum, Hazardous 1.36 Specifications .........................14 Waste or Radioactive Material 19 1.37 Subcontractor ........................ 14 1.38 Substantial Completion ............... 14 5. BONDS ANI) INSURANCE .....................20 1.39 Supplementary Conditions 14 5.1-5.2 Performance, Payment and Other Bonds . 20 1.40 Supplier .............................. 14 5.3 Licensed Sureties and Insurers; 1.41 Underground Facilities ................ 14 Certificates of Insurance 20 1.42 Unit Price Work ...................... 14 C ` ' ... 5.4 CONTRACTOR'S Liability ce ... Insurance 20 1.43 Work .................................15 5.5 OWNER'S Liability Insurance 21 1.44 Work Change Directive 15 56 Prop ....... 1.45 Written Amendment 15 Property Insurance """""' `I """"""' � �' � � 5.7 Boiier and Machinery or Additional ' 2. PRELIMINARY MATTERS ... .................. 15 Property Insurance ................. 21 2.1 Delivery of Bonds .................... IS 5 8 Notice of Cancellation Provisions ... 21 2.2 Copies of Documents .............. .. 15 5.9 CONTRACI'OR's Responsibility for 2.3 Commencement of Contract Times: Deductible Amounts .....4.4..4.4... 22 Notice to Proceed .................. 15 5.10 Other Special insurance ..44.4.......4. 22 2.4 Starting the Work .................. .. 15 5.11 Waiver of Rights .... ................. 22 I I Article or Paragraph . Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 22 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5.15 Partial Utilization —Property Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 6.1-6.2 Supervision and Superintendence ...... 23 6.3-6.5 Labor, Materials and Equipment ...... 23 6.6 Progress Schedule .................... 23 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 23 6.8-6.11 .......... Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 6.12 Patent Fees and Royalties ............. 25 6.13 Permits ............................... 25 6.14 Laws and Regulations ............. ... 25 6.15 Taxes 6.16 ................................25 Use of Premises 26 6.17 ...................... Site Cleanliness ....................... 26 6.18 Safe Structural Loading ............... 26 6.19 Record Documents 26 6.20 ................... Safety and Protection ................. 26 6.21 Safety Representative ................. 26 6.22 Hazard Communication Programs ..... 27 6.23 Emergencies .......................... 27 6.24 Shop Drawings and Samples .......... 27 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 27 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 27 6.27 Responsibility for Variation From Contract Documents 27 6.28 ................ Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 27 6.29 Continuing the Work .................. 28 6.30 CONTRACTOR's General Warranty and Guarantee ............ 28 6.31-6.33 Indemnification ....................... 28 6.34 Survival of Obligations ................ 28 7. OTHER WORK .................................. 29 7.1-7.3 Related Work at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ........... ... . 29 8.1 Communications to Contractor ........ 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due................................ 29 8.4 Lands and Easements; Reports and Tests ............................... 29 8.5 Insurance ............................. 29 q Article or Paragraph Page Number & Title Number 8.6 Change Orders ....................... 29 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ......... 8.9 Limitations on OWNER's Responsibilities ..................... 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 8.11 Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 9.1 OWNER's Representative ............ 9.2 Visits to Site .......................... 9.3 Project Representative ................ 9.4 Clarifications and Interpretations ...... 9.5 Authorized Variations in Work 9.6 ........ Rejecting Defective Work ............. 9.7-9.9 Shop Drawings, Change Orders and Payments .......................... 9.10 Determinations for Unit Prices 9.11-9.12 ........ Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK...... ............... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 10.3 Work Not Required by Contract Documents......................... 10.4 Change Orders 10.5 Notification of Surety ................. 11. CHANGE OF CONTRACT PRICE ........... 11.1-11.3 Contract Price; Claim for Adjustment; ' Value of the Work 11.4 ................ Cost ofthe Work 11.5 ..................... Exclusions to Cost of the Work ....... 11.6 CONTRACTOR's Fee 11.7 ................ Cost Records 11.8 ......................... Cash Allowances ..................... 11.9 Unit Price Work ...................... 12. CHANGE OF CONTRACT TIMES .............. 12.1 Claim for Adjustment ................. 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR's Control ............................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .......... 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......................................... 13.1 Notice of Defects ..................... 13.2 Access to the Work ................... 13.3 Tests and Inspections; Contractor's Cooperation ........................ 29 30 30 30 30 30 30 30 30 30 30 31 31 31 31 32 32 32 - 32 32 32 32 33 34 34 34 35 35 35 35 35 35 35 36 36 36 36 1 1 1 I 1 i 1 I Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7 CoveringWork Prior to Inspection, 15. SUSPENSION OF WORK AND Testing or Approval ................ 36 TERMINATION ................................ 40 13.8-13.9 Uncovering Work at ENGINEER'S IS 1 OWNER May Suspend Work ......... 40 Request ............................ 36 13.10 OWNER May Stop the Work ......... 36 15.2-15.4 OWNER May Terminate .............. 40 13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or Work ............................... 37 Terminate ......................... 41 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION ....................... 41 13.14 OWNER May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 COMPLETION ................................. 37 17.4 Cumulative Remedies ................. 42 14.1 Schedule of Values .................... 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included . ......................... 42 14.3 CONTRACTOR's Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -A I 14.8-14.9 Substantial Completion ............... 39 16.1-16.6 Arbitration ... ................ GC -AI 14.10 Partial Utilization ..................... 39 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 I I I I I 1 I I I 3 1 I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of — Bonds and Insurance................................5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment.................................9.12, 14.15 insurance...........................................5.14 other Work, by CONTRACTOR ......................7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities .............................4.......4.1 site, related work....................................7.2 Work . .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10. 6.19) 1.1 Additional Property Insurances ..................... ..... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4,11,12,14.8,15.1 progress schedule....................................6.6 Agreement — definition of..........................................1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash.....................................11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8. 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of..........................................1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1. 8.4 Award, Notice of —defined ......................... .. 1.25 Before Starting Construction ........................2.5-2.8 Bid —definition of......................................1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) 1 Article or Paragraph Number Bidding Documents —definition of ................ 1.6 (6.8.2) Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of.......................................5.14 , additional bonds ......................... .. 10.5, 11.4.5.9 Cost of the Work .................................. 11.5.4 definitionof...........................................1.8 delivery of .................................. ... 2.1, 5.1 ' final application for payment .......... .. 14.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9,13,10.5, 14.7.6 performance, Payment and Other ............. .. 5.1-5.2 Bonds and Insurance —in general ......................... 5 ' Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances ........................ .. 11.8 ' Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances ...... . , . 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4,5, 5.15, 6.8.2, • 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 , Cost of the Work general ..................................... 11.4-11.7 Exclusions to.......................................11.5 Cost Records ......................... .. 11.7 ' in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, 11 Lump Sum Pricing................................11.3.2 Notification of Surety ............................... 10.5 Scope of....:......................6........... 10.3-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work ...................................... I1.3 Change in Contract Times — Claim for times adjustment .... 4.I, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 3.14, 14.7, 15.1, 15.5 Contractual time limits ..............................12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol...............................................12.4 Notification of surety ............................... 10.5 Scope of change ...............................10.3-10.4 Change Orders— ' Acceptance of Defective Work .....................13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ...................................11.8 Change of Contract Price ............................. II Change of Contract Times ............................ 12 Changes in the Work..................................10 CON'I'RACTOR's fee ................ .. 11.6 ............. Cost of the Work ...............................11.4-11.7 G I I I I LI I I I I I C I I Ti I I Article or Paragraph Number Cost Records.........................11.7 definition of ................................... ...... 1.9 emergencies........................................6.23 ENGINEER's responsibility .........9.8. 10.4. 11.2. 12.1 execution of ........................................ 10.4 Indemnification .....................6.12. 6.16. 6.31. 6.33 Insurance, Bonds and ................... 5.10. 5.13. 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions — Subsurface and......................................4.2 Underground Facilities ........................... 4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3.6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... 11.3 Changes in the Work .................................... 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10 Scope of change ............................... 10.3-10.4 Claims — against CONTRACTOR .............................6.16 against ENGINEER................................6.32 against OWNER .................................... 6.32 Change of Contract Price ....................... 9.4. 11.2 Change of Contract Times ...................... 9.4. 12.1 CONTRACTOR's 4, 7.1, 9 4, 9.5, 9.11, 10.2. 11.2, 11.9. 12.1,14.8,15.1,15.5.17.3 CONTRACTOR's Fee ............... .............. 11.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16. 6.31 Cost of the Work ..............................11.4. 11.5 Decisions on Disputes ...... ........ ......... 9.11. 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement .... ............. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Noticeof...........................................17.3 OWNER's ...........94. 9.5. 9.11. 10.2. 11.2. 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability...................................5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request forformal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 Time Extension ................ .... ............... 12.1 Time requirements ............ .... ..... ..... 9.11.2.1 Unit Price Work ................................ . 11.9.3 Value of ............................................ 11.3 Waiver of —on Final Payment ..............14.14. 14.15 Work Change Directive ............................. 10.2 written notice required ......... ......... 9.11, 11 2. 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site .......... .... ................... ........ 6.17 Codes of Technical Society. Organization or Association......................................3.3.3 Commencement of Contract Tunes ................. ... 2.3 Commur.icatwr.s— Article or Paragraph Number general....................................6.2. 6.9.2. 8.1 Hazard Communication Programs ................... 6.22 Compleuon— Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ...............14.13-14.14 Partial Utilization..................................14.10 Substantial Completion ................... 1.38, 14.8-14.9 Waiver of Claims..................................14.15 Computation of Times ........................17.2.1-17.2.2 Concerning Subcontractors, Suppliersand Others ............................6.8-6.11 Conferences — initially acceptable schedules ......................... 2.9 preconstruction......................................2.8 Conflict. Error, Ambiguity, Discrepancy — CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR ....2.5-2.7 ............... Construction Machinery. Equipment, etc ................6.4 6.4 Continuing the Work ... ......................... 6.29. 10.4 Contract Documents — Amending ........................................... .................................. Bonds...............................................5.1 Cash Allowances...................................11.8 Change of Contract Price .............................11 Change of Contract Times ............................ 12 Changes in the Work ...........................10.4-10.5 check and verify.....................................2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of........................................1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................3 Insurance............................................5.3 Intent.................................. ......... 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3. 14.4. 14 13 precedence....................................3.1, 3.3.3 Record Documents.................................6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work.............4.......................... 7.2 Reporting and Resolving Discrepancies ........... 2.5. 3.3 Reuse of.............................................3.7 Supplementing.......................................3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work....................................11.9 variations .................. .............. 3.6, 6.21. 6.27 Visits to Site, ENGINEER's .......... ..... ........ 9.2 Contract Pnce— ad3ustinent of ................ 3.5, 4 1, 9 4, 10.3. 1 1.2_-11.3 Changeof .............................. ..... ....... 11 Decision on Disputes ....................... ....... 9.11 definition of ...................................... . III Contract Times— adluvtment of ......................3.5. 4.1, 9.4. 10 3, 12 Change of ................ ..................... 12.1-12.4 H Article or Paragraph Number Commencement of...................................2.3 definition of ........................................ 1.12 CONTRACTOR — Acceptance of Insurance .....................5.14 Limited Reliance on Technical Data Authorized .. .. 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work................................6.29, 10.4 coordination and scheduling ...........6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ......................:.... 4.5.2 CONTRACTOR's— Compensation.................................. 11.1-11.2 Continuing Obligation .......................... �.... 14.15 Defective Work .......................... 9.6, 13.10.13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .......................... 4.2.3 Discrepancy in Documents ........... .. 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental, Cost of the Work ................................... 11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment ................'.. 6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance...................................5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee...............................................6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal.....................................6.25 Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13I for deductible amounts, insurance .................. 5.9 general ..' ............................... 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification .............................. 6.31-6.33 Labor, Materials and Equipment ................6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance.................................5.4 Notice of variation from Contract Documents ..... 6.27 Patent Fees and Royalties ......................... 6.12 Permits ........................................... 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and'Protection ................... 6.20, 7.2, 13.2 Safety Representative .......6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review ' by ENGINEER ...................... ... .. 6.26 Site Cleanliness ................................... 6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and ' Procedures..........................6.7.2 Substitutes and "Or -Equal" Items ................6.7.1 Superintendence....................................6.2 Supervision........................................6.1 Survival of Obligations ............................6.34 Taxes............................................6.15 Tests and Inspections ............................. 13.5 ToReport ......................................... 2.5 Use of Premises .. .. 6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ... .. 10.2 right to claim ..4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ....................... .. 6.21 Shop Drawings and Samples Submittals .........6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" Items, Expense ..6.7.I,6.7.2 6.7.2 Subcontractors, Suppliers and Others ............6.8-6.11 Supervision and Superintendence ...........6.1, 6.2, 6.21 Taxes, Payment by..................................6.15 Use of Premises ............................. .. 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required— , CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions................................ ........... 4.2.3 ' Substantial Completion ...........................14.8 CONTRACTORS-other.................................7 Contractual Liability Insurance ...................... 5.4.10 Contractual Tintc Limits .............................. 12.2 ' Coordination I I I I I I I I I I I L I L I I L Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents .............................. ... 2.2 Correction Period ............ ................... ... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ........ ............ 1).13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period..................................13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work ............. ............ 13.10 Cost — of Tests and Inspections ............................. 13.4 Records............................................11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts...................................11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to.......................................11.5 General........................................11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses.................................11.4.5.8 Payrollcosts on changes ..........................11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................ ............... 11.7 Rentals of construction equipment and machinery. 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ......... .... 11.4.5.2 Special Consultants, CONTRAC'1'OR's ............ 11.4.4 Supplemental ..................... .... .......... 11.4.5 Taxes related to the Work .. .................... 11.45.4 Tests and Inspection................................13.4 Trade Discounts .................................. 2 11.4._ Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours . ........................ 11.4.1 Covering Work .................... .............. 13 6-13 7 Cumulative Remedies .................. ......... 17.4-17.5 Cutting. fitting and patching . .. . ................... .... 7.2 Data, to be furnished by OWNI-sR ...................... 8.3 Day -definition of...................................j71' Decisions on Dispr.Ies ........................... 9.11, 9.12 defective -definition of ........ .... .................. 1.14 defective Work - Acceptance of .. ... .... ... .............. 10.4.1, 13 13 Correction or Remova: or .... .... .... ... 10.4.1, 13.11 Correction Perot] .......................... ... ... 13.12 in general . ... .................. ........ 13. 14.7. 14.11 Observation by ENGINEER ............ ............ 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects .... .... ......... ....... 13.1 Rejecting ... ... .. ............. .... .... ..4....9.6 Uncovering the 44crk ........ .... ................ 13.9 Deftn,tions .. ... ............. .... .... ................ I Delays .. ... .... ... .............. .. 4-1..:19.:2.3 :2.4 Delivery of Bonds ................ ......... .... ...... 2.1 Deliver} of ccr ficates of insurance ......... .... ...... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review .......... .................. 4.2.4 Possibie Contract Documents Change ............... 4.2.5 Possible Price and Tames Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .......c, 2.5, 3.3.2_, 6.14.2 Dispute Resolution - Agreement .................. .................. 16.1-16.6 Arbitration.....................................16.1-16.5 general...............................................16 Mediation..........................................16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .... ......... 9.11-9.12 Documerts- Copiesof ..................... ...................... 21 Record.............................................6.19 Reuse of .... .... .... .............................. 3.7 Drawings -definition of ................. .... ........ 1.15 Easements ............................................. 4.1 Effective date of Agreement --definition of ............ 1.16 Emergencies ....................................... .. 6.23 ENGINEER - as initial interpreter on disputes .... ............ 9.11-9.12 definition of ........................................ 1.17 Limitations on authority and responsib.lities ............... ................. 9.13 Rep'acement of ...................................... 8.2 Resident Project Represertative ...................... 9.3 ENGINEER's Consultant -definition o` ................ 1.18 ENGINEER's- authority and responsibility, limitations on ........... 9.13 Authorized Variations in ;he Work ... .... .......... 9 5 Change Orders. responsiHlity for ... ...... 9.7. 10. 11, 12 Clarifications and Interpretations ............... 3.6.3, 9.4 Decisions on Disputes . ... .... ... ......... . 9.11-9 12 defective Work, notice of ........................... 13.1 Evaluation of Subslitule Items ......................6.7.3 Liability . ............. ... ................... 6 32. 9.12 Notice Work is Acceptable ........................ 14.13 Observations.................................6 30.2.9.2 OWNER's Representative ...........................9.1 Payments to the CONTRACTOR, Responsibility fo. ............... .............. 9.9. 14 Recommendation of Payment .. ... .......... 14.4. 14.13 Responsibilities- L,mitatiors on ...............................9.11-9.13 Review of Reports on Differing Subsurface anti Physical Conditions ...................... ... 4.2.4 Shop Drawings and Samples, review reswonsibility ...... ... .......................... 6.26 Status During Consiruction- autliorved variations in the Work .................. 9.5 Clarifications and Interpretation' .... .... ........ 9.4 Decisions on Disputes .......... ............. 9.:1-9.12 Determinations en Unit Price ....... .......... .. 9.10 ENGINEER as Initial Interpreter .... ..... .. 9.11-9.12 FNGINEER's Rcspomihili ies ................ 9.1-9.12 I Article or Paragraph Number Article or Paragraph Number I Limitations on ENGINEER's Authority and deductible amounts, CONTRACTOR's Responsibilities ................................... 9.13 responsibility....................................5.9 OWNER's Representative .........................9.! Final Application for Payment ...................... 14.12 1 Project Representative ............................. 9.3 Licensed Insurers ....................................5.3 Rejecting Defective Work ................... . ... 9.6 Notice requirements, material Shop Drawings, Change Orders and 1 changes .................................. 5.8, 10.5O Payments....................................9.7-9.9 Option to Replace..................................5.14 Visits to Site......................................9.2 other special insurances ............................. 5.10 Unit Price Determinations ........................... 9.10 OWNER as fiduciaryfor insureds ..............5.12-5.13 Visits to Site.........................................9.2 OWNER's Liability..................................5.5 Written consent required ......................... 7.2, 9.1 OWNER's Responsibility ............................ 8.5 Equipment, Labor, Materials and ................... 6.3-6.5 Partial Utilization, Property Insurance ............... 5.15 Equipment rental, Cost of the Work ......4....1.1.1 11.4.5.3 Property Equivalent Materials and Equipment .................... 6.7 ........................................5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Errors or omissions ....... ... 6.33 Special Insurance...................................5.10 Evidence of Financial Arrangements ................... 8.11 Waiver of Rights ..............1.1.11................ 5.11 Explorations of physical conditions ................ ... 4.2.1 Intent of Contract Documents .......................3.1-3.4 Fee, CONTRACTOR's—Costs-Plus ................... 11.6 Interpretations and Clarifications.................3.6.3, 9.4 Field Order— Investigations of physical conditions .................... 4.2 definition of........................................1.19 Labor, Materials and Equipment .................... 6.3-6.5 issued by ENGINEER ......................... 3:6.1, 9.5 Lands — Final Application for Payment .................... 14.12 and Easements......................................8.4 Final Inspection .................................... 14.11 Availability of1....1...1....1...1................. 4.1, 8.4 Final Payment— .. Reports & Tests ......11...1......4 .................. 8.4 and Acceptance ..............................14.13-14.14 Laws and Regulations —Laws or Regulations — Prior to, for cash allowances 11.8 Bonds...........................................5.1-5.2 General Provisions .. ........................... 17.3-17.4 Changes in the Work ..............11..11............ 10.4 General Requirements— Contract Documents .. 6 .............................. 3.1 defintion of.........................................1.20 CONTRACTOR's Responsibilities ................... 6.14 principal references to .......4111... 2.6, 6.4, 6.6-6.7, 6.24 Correction Period, defective Work .................. 13.12 Giving Notice ......... ............................. 17 1 Cost of the Work, taxes ..........4141........... 11.4.5.4 Guarantee of Work —by definition of..f...................................... 1.22 CONTRACTOR ..............................6.30, 14.12 general.............................................6.14 Hazard Communication Programs ..................... 6.22 Indemnification...........1.................... 6.31-6.33 H........... aza ous Waste— Insurance ............................................5.3 1111.. definition of.................1..........1........... 1.21 ............................ Precedence ........ 3.1, 3.3.3 general 4.5 Reference to ................... .. 3.3.1 ..1...11...........1 .............1111..1111 OWNER's responsibility for .. 8.10 Safety and Protection .......................... 6.20, 13.2 ........................ Subcontractors, Suppliers and Others Indemnification ........................ 6.12, 6.16, 6.31-6.33 ............6.8-6.11 Tests and Inspections ................... 13.5 Initially Acceptable Schedules .......................... 2.9 .......................... Use of Premises ....................................6.16 Inspection-.- Visits to Site . ....................................... 9.2 Certificates of .........................9.13.4, ... ..........9.13.4, 13.5, 14.12 Liability Insuranc e— Final ................................13.411 .., 14.11 CONTRACTOR's .................................... 5.4 Special, re uired b ENGINEER 9 Y .................... 9.6 OWNER's........................................... 5.5 Tests and Approval ........................ 8.7, 13.3-13.4 Licensed Sureties and Insurers ......................... 5.3 Insurance— Liens — Acceptance of, by OWNER ......................... 5.14 Application for'Progress Payment ................... 14.2 Additional, required by changes Contractor's Warranty of Title ....................... 14.3 in the Work .................................Application for Payment ...................... 14.12 Before starting the Work ............................. 2.7 definition of........................................1.23 I Bonds and —in general.................................5 Waiver of Clain s .................................. 14.15 Cancellation Provisions .............................. 5.8 Limitations on ENGINEER's authority and Certificates of .. 2.7, 5, 5.3, 5.4.1 I. 5.4.13, 5.6.5, 585W responsibilities'.....................................9.13 9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized completed operations .............................. 5.4.13 ......4'. Maintenance and Operating Manuals— CONTRACTOR's Liability ........................... 5.4 Final Application for Payment ...................... 14.12 CONTRACTOR's objection to coverage ............. 5.14 Manuals (of others) — Contractual Liability .............................. 5.4.10 Precedence.......................................3.3.3.1 I ' Article or Paragraph Article or Paragraph Number Number Reference to in Contract Documents ................ 3.3.1 Inspections, tests and approvals ..... ........... 8.7. 13.4 Materials and equipment— Liability Insurance...................................5.5 furnished by CONTRACTOR ........................ 6.3 Notice of Defects ............................. ..... 13.1 not incorporated in Work ............................ 14 2 Representative—Dunng Construction, 'Materials or equipment—equrvalert ..................... 6.7 ENGINEER's Status ........................... 9.1 ' Mediation (Optional)..................................162 Responsibilities — Milestones —definition of .............................. 1.24 Asbestos. PCB's, Petroleum. Hazardous Miscellaneous— Waste on Radioactive Matenal . ................ 8.10 Computation of Times .............................. 17.2 Change Orders...................................8.6 (' Cumulative Remedies ............................... 17.4 Changes in the Work .... ......................... 10.1 Giving Notice ....................................... 17.1 communications ................................... 8.1 Notice of Claim ..................................... 17.3 CONTRACTOR's responsibilities .................. 8.9 Professional Fees and Court Costs. Included ..........17.5 evidence of financial arrangements .:.:..........::. 8.11 Multi -prime contracts .. .. 7 inspections, tests and approvals .. .. 8.7 Not Shown or Indicated .. ... 4.3.2 Insurance .. 8.5 Notice of— lands and easements .......... .................... 8.4 It Acceptability of Project ............................ 14.13 prompt payment by ............ 8.3 Award, definition of ................................. 1.255 replacement of ENGINEER ....... ......... .. 8.2 Claim .............................................. 17.3 reports and tests...................................8.4 Defects, ............................................ 13.1 stop or suspend Work .................. 8.8, 13.10, 15.1 Differing Subsurface or Physical Conditions ..........4.23 terminate CONTRACTOR's services .......... 8.8, 15.2 Giving..............................................17.1 separate rearesentative at site ......... .............. 9.3 Tests and Inspections ............................... 13.3 independenttesting ................................. 13.4 Variation, Shop Drawing and Sample ................ 6.27 use or occupancy of the Notice to Proceed— Work ....................................5.15,14.10 definition of........................................1.26 written consent or approval givingof .................... ........................ 2.3 recuired ............................... 9.1. 6.3. 11.4 Notification to Surety ............................. ... 10.5 written notice Observations, by ENGINEER ..................... 6.30, 9 2 required ..... ....7.1.9 4. 9.11, 11.2. 11.9. 14.7. 15.4 Occupancy of the Work ................ 5.15, 6.30._.4, 14.10 PCBs — Omissions or acts by CONTRACTOR ............. 6.9, 9 13 definition of ............ ........................... .1.29 "Open peril" policy form. Insurance ...................5.6.2 general ............. .... ........ .... .......... .. 4.5 Option to Replace .....................................5.14 OWNER's responsibility for ........................ 8.10 "Or Equal" Items .............. ....................... 6.7 Partia. Utilization — Otherwork ....... .... .................... ............ 7 definition of ............................... ........ 1:8 ' Overtime Work —prohibition of ......................... 6.3 general ............ .... ................. 6.30.2.4, 14.10 OWNER— Property Insurance ........................ ..... .. 5.15 Acceptance of defective Work ... .................. 13.13 Patent Fees and Royalties ............................. 6.12 ' appoint an ENGINE.E.R as fiduciary ................. ..... S.12-5.13 Payments. Recommendation of .............14.4-14.7, 14.13 Availability of Lands. responsiblity ....... .......... 8.2 Payment Bonds ..................................... 5.1-5 2 .. 4.1 Payments to CONTRACTOR and Completion — definition of ............ ........................ .. 1_27 Application for Progress Payments .................. 14.2 data, furnish .................. ................... .. 8.3 CONTRACTOR's Warranty of Title ................. 14.3 May Correct Defective Work ....................... 13.14 Final Application for Payment ..................... 14 12 May refuse to make payment ............ ........... 14.7 Final Inspection ................................... 14.11 May Stop the Work .... .... ...................... 13.10 Final Payment and Acceptance ............ .. 14.13-14.14 may suspend work. general ... ............. ........ ................ 8.1, 14 terminate ....................... 8.8, 13.10. 15.;-1 S.4 Partial Ut:lizatwn ... .... ......................... 14.10 Payment. make prompt ................. . 8.3. 14.4.:4.13 Retairage ... ............. .... ........ ..... ..... 14.2 t performance of other Work .... .............. ..... 7.1 Rev ew of Applications for Progress permits and licenses. requuen:en:s ....... .... ..... 6.13 P.nnents ... .... .... ............. ..... 144-14.7 purchased insurance requ.remcrts .... .... ..... 5.1x5.10 prompt pal rent .......................... .......... 8.3 OWN k.R's— Schcdu.e of Values ......... ........ .... .......... 14.1 1 Acceptance of the Wok .................... 6.30.2.5 Sah'tanlial Completion ..... ............. ..... 14.8-W.9 ('hange Orders, oh ication to W.u'er of Claims ... ... .... ................... 14.15 e'.ecute .... ... 8.6. 10.4 when pasmcnts due .. ... .... .............. 14.4. 14.13 Communica: ors . .... .... ........... ... ... ... h.I ' irhholdmg pay went ............. .... ... ........ 14.7 Coordination of she Work .. .............. ... ... 7.4 Performance Bonds .... ........................ .. 5.1-52 Disputes. request for dec'ivn ... .................. 9 It Permits . .. ........ .... .. 4..................... .. 6.13 ' 9 LI Article or Paragraph Number Article or Paragraph Number L Petroleum— Regulations, Laws and (or) ............................ 6.14 definition of ........................................ 1.30 Rejecting Defective Work ............................... 9.6 general..............................................4.5 Related Work- OWNER's responsibility for ........................8.1° at Site...........................................7.1-7.3 Physical Conditions— Performed prior to Shop Drawings Drawings of, in or relating to ..................... 4.2.1.2 and Samples submittals review .................. 6.28 ENGINEER's review .............................. 4.2.4 Remedies, cumulative ............................ 17.4, 17.5 existing structures..................................4.2.2 Removal or Correction of general...........................................4.2.1.2 Defective Work .................................... 13.11 Subsurface and . ...................................... 4.2 rental agreements, OWNER approval ' Underground Facilities ............................... 4.3 required ...................................... 11.4.5.3 Possible Contract Documents Change ............... 4.2.5 replacement of ENGINEER, by OWNER .............. 8.2 Possible Price and Times Adjustments ............... 4.2.6 Reporting and Resolving Discrepancies 2.5, 3.3.2, 6.14.2 Reports and Drawings ..............................4.2.1 .... Reports — Notice of Differing Subsurface or ...................4.2.3 .................. 4.2.3 and Drawings......................................4.2_I Subsurface and......................................4.2 and Tests, OWNER's responsibility ..................8.4 Subsurface Conditions ............................ 4.2.1.1 Resident Project Representative — Technical Data, Limited Reliance by definition of ' ........................................ 1.33 CONTRACTOR Authorized ....................4.2.2 provision for ......................................... 9.3 Underground Facilities— Resident Superintendent, CONTRACTOR's ............. 6.2 general .......................................... 4.3 Responsibilities — ' Not Shown or Indicated .......................4.3.2 CONTRACTOR's-in eneral 6 Protection of ............................... 4.3, 6.20 ENGINEER's-in general ............................... 9 Shown or Indicated ............................ 4.3.1 Limitations on ................................. .. 9.13 Technical Data.....................................4.2.2 OWNER's-in general ..................................S .............................. 8 Preconstruction Conference ............................ 2.8 Retainage.............................................14.2 Preliminary Matters......................................2 Reuse of Documents .. .................... ............. 3.7 Preliminary Schedules..................................2.6 Review by CONTRACTOR: Shop Drawings Premises, Use of ................................. 6.16-6.18 and Samples Prior to Submittal ...................... 6.25 Price, Change of Contract ............................... I I Review of Applications for Progress Price, Contract —definition of ....................... .. 1.11 Payments......................................14.4-14.7 Progress Payment, Applications for .................... 14.2 Right to an adjustment................................10.2 Progress payment—retainage .......................... 14.2 Rights of Way .......................................... 4.1 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, Royalties, Patent Fees and ............................. 6.12 6.29, 10,4, 15.2.1 Safe Structural Loading ............................... 6.18 Project —definition of..................................1.31 Safety — ' Project Representative— and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 ENGINEER's Status During Construction ............ 9.3 general........................................6.20-6.23 Project Representative, Resident Representative, CONTRACTOR's ................... 6.21 —definition of......................................1.33 Samples — ' prompt payment by OWNER ........................... 8.3 definition of 1.34 Property Insurance .'....................................... general........................................6.24-6.28 Additional...........................................5.7 Review by CONTRACTOR ......................... 6.25 ' general..........................................5.6.5.10 Review by ENGINEER ....................... 6.26, 6.27 Partial Utilization ........................... 5.15. 14.10.2 related Work ........................................ 6.28 receipt and application of submittal of.......................................6.24.2 proceeds ..................................5.12-5.13 submittal procedures................................6.25 ' Protection, Safety and .......................6.20-6.21, 13.2 Schedule of progress ..... 2.6, 2.8-2.9, 6.6. 6.29, 10.4, 15.'_.I Punch list............................................14.11 Schedule of Shop Drawing and Sample Radioactive Material— Submittals ....................... 2.6. 2.8-2.9, 6.24-6.28 definition...........................................1.32 Schedule of Values ........................ 2.6. 2.8-2.9, 14.1 ' general..............................................4.5 Schedules— OWNER's responsibility for ........................ 8.10 Adherence to .................. 15,2,1 Recommendation of Payment .............. 14.4, 14.5, 14.13 ................. Adjusting............................................6.6 .. Record Documents ............................. 6.19, 14.12 Change of Contract Times .......................... 10.4 Records, procedures for maintaining .................... 2.8 Initially Acceptable ............................... 2.8-2.9 Reference Points.......................................4.4 Preliminary...1....................................... 2.6 Reference to Standards and Specifications Scope of Changes ..............................10.3-10.4 �. of Technical Societies................................3.3 Subsurface Conditions 4.2.1.1 .............................. 10 1 I I I I I 1 I I I I I Article or Paragraph Number Shop Drawings — and Samples. general ......................... . 6.24-6.2_8 Change Orders & Applications for Payments, and ............................. . 9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review 9.7.6.24-6.28 ............................... related Work........................................6.28 review procedures ......................... 2.8, 6 24-6.28 submittal required.................................6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated ................................... 4. i.1 Site Access.......................................7.2, 13.2 Site Cleanliness ................................... ... 6 17 Site, Visits to — by ENGINEER ................................ 9.2, 131 by others ........................................... 13.^_ "Special causes of loss" policy form, insurance ....... 5.6.2 Spectfications— definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3.1 precedence ........................................ 3.3.3 Standards and Specifications of Technical Societies .........................................3.3 ............. ................ Starting Construction. Before ....................... 2.5-2.8 Starting the W'ork...................................... 2.4 Stop or Suspend Work — by CONTRACTOR ....... ......................... 1 `.5 by OWNER ....................... ..... 8.8, 13.10. 15.1 Storage of materials and equipment .................4.!. Structural Loading, Safety .... ................... .... 6.18 Subcontractor — Concerning . ................. .............. .... 6.8.6. II definition of........................................1.37 delays............................................. 12.3 waiver of rights ........ ............................ 6.11 Subcontractors —m general ........................ 6.8-6 11 Subcontracts —required provisions .... .. - 5.11, 6.11, 1 14 3 Submittals — Applications for Payment ...........................14.2 Maintenance and Operation Manuals ...............14.12 Procedures ..............................65 Progress Schedules ............ .......... ...... 2.6, 2.9 Samples ....................................... 6 24-6.28 Schedule of Values .. ............. ........... 2.6, 14.1 Schedule of Shop Drawings and SamplesSuhmissions ... .... ......... .2.6,2_.42.9 Shop D:awmgs . ............................... h.24-6.28 Substantial Completion— certihcat;on of ............ .... .... . 6.30 2,3. 14.h-14-9 definition of .... .... .............. ............. 1.38 Substitute Construction Methods er Procedures ...... 6.7.2 Substitutes and "Or Equal" Items .....................6 7 CONTRACTOR\ Expense ......... ......... . . 6 7 1 ENGINEERs Evaluation .. .... .......... ... ...67 3 ,.Or -Equal" ...... .............. .... ............ 6 7 1 Substitute Construction Methods of Procedures . . . 67.2 Article or Paragraph Number Substitute Items ........ .... .................... 6.7.1.2 Subsurface and Physical Cond:tions— Drawings of, in or relating to .................... 4.2.1 2 ENGINEER's Review ...................... ...... 4.2_.4 gene.......................... .................... 4 2 Limited Reliance by CONTRACTOR Authorized .......... .... .................... 4.2.2 Notice of Differing Subsurface or Physical Conditions................................4.2.3 Physical Conditions.................................4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings................................4.2.1 Subsurface and......................................4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data ..................................... 4.2 2 Supervision— CONTRACTOR's responsibility .... ................. 6.1 OWNER shall not supervise .................. ... 8.9 ENGINEER shall not supervise ....... ....... 9.2, 9.13.2 Superintendence ..................................... . 6.2 Superintendent. CONTRACTOR's resident ........... 6.2 Supplemental costs ................................ . 11.4.5 Supplementary Conditions — definition of .... ............................ ...... 1.39 principal reference to .... 1.10. 1.18. 2.2. 2.7. 4.2, 4.3. 5.1, 5.3,54,5.6-5.9,5.11.6.8,6.13.7.4.8.11,93,9.10 Supplementing Contract Documents .................... 3.6 Supplier— definiuon of ................... .................... 1.40 principal references to .................. 3.7. 6 5. 6 8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights ................ ... .... .......... 6.11 Surety — consent :o fnal payment ........... ... ..... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Nosfication of ...................... .... 10.1. 10.5. 15.2 qualification of .. ... ............................ 5.1-5.3 Survival of Ob.igations .................. ............. 6.34 Suspend Work. OWNER May .................. 13.10. 15.1 Suspension of Work and Termination— .... ........... .. 15 CONTRACTOR May Stop Work or Terminate .......................... ..... ... s 5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate . .... ................ 15.2-15 4 Taxes -Payment by CONTRACTOR .................. . 6.15 Techn cal Data— Limiled Reliance by CONTRACTOR ......... ..... 4.2.2 Possible Price and Times Adprstmen:s ............. 4.2.6 Reporis of Differing Subsurface and Piysicai Conditions .... .... .................... 4.2.3 temporary construction facilities .............. .... .... 4.1 Termina: on— hy CONTRACTOR .................. .... ......... 15.5 by OWNER ............ .... ............. 8.8, 15.1-14.4 of ENGINEER's employment .......... ..... ....... h.2 Suspension of Work-in general . . .. ................ . 15 Terms ana Adjectives .. .... ........ .... ............ 3A Te,ts and Irspection'- 1 I Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 costof .............................................. 13.4 covering Work prior to ......................... 13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects ................................... 13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ......................13.4 special, required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request.........................13.8-13.9 Times— Adjusting............................................6.6 Change of Contract............................i...... 12 Adjusting............................................6.6 Computation of.....................................17.2 Contract Times —definition of ....................... 1.12 day ...........::......::...::..:...................17.72 Milestones...........................................12 Requirements— appeals..........................................16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules.................................2.6. 2.9, 6.6 starting the Work..................................2.4 Title, Warranty of.....................................14.3 Uncovering Work................................:13.8-13.9 Underground Facilities, Physical Conditions — definition of .................................... 1.41 Not Shown or Indicated ............................ ... 4.3.2 protection of....................................4.3, 6.20 Shown or Indicated................................4.3.1 Unit Price Work— claims............................................11.9.3 definition of ........................................ 1.42 general..................................11.9, 14.1, 14.5 Unit Prices — general ........................................... 11.3.1 Determination for ...............................:... 9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph Number I Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ................................ ... I1.3 Values. Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized ................................ 6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 I Waiver o of t laims-on Final y...........................................14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR .............................._.....6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Access to ........................................... 13.2 byothers, ............................................. 7 Changes in the ....................................... 10 Continuing the, ..................................... 6.29 CONTRACTOR May Stop Work or Terminate...................................15.5 Coordination of......................................7.4 Cost of the.....................................11.4-11.5 I definition of .............................. ......... 1.43 neglected by CONTRACTOR ...................... 13.14 other Work.............................4.............. 7 ' OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site .............................7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ..........................15.1-15.4 Variation and deviation authorized, minor...........................................3.6 , Work Change Directive — claims pursuant to..................................10.2 definition of .. 1.44 ' .......... principal references to .................... 3.5.3, 10.1-10.2 Written Amendment — definition of........................................1.45 principal references to ... 1.10, 3.5, 5.10. 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required— I by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.I by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 1 I I I I I I I I Li I P I H I I I Li I 1 I I. I GENERAL CONDITIONS ARTICLE 1 —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: I.I. Addenda—Wntten or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safely and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and (he proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Biddine Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the B:d form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authonzes an addition. dele::oa or revision in the Work, or an adjustment in the Contract Pnce or the Contract Tmes, issued on or after the Effective Date of the Agreement - 1.10. Cantra:t Dar ument.r-1'he Agieeme-it. Addenda (which pertain :o :he Contract Documents), CONTRACTOR's Bid tincluding documentaion accompL.nving the Hid and am post Bid documentation whmitted prior to the Notice of Award) wher attached as an exhibit to the .Acrecmen:, the Notice to Proceed. the Bonds. these General Conditions. the Supplementan Conditions. The Specdicatioiis and the D-aw- ings as the same are more specifically idcntifie.: in the .Agree- ment. together with ail Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5. 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4 22.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to compete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —]'he person. firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responst- bihty forthe protectior.Ihereof has been assumed by OWNER at Substantial Comp;euon :n accordance with paragraph 14.8 or 14.10). 15. Draa-inge—The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEFR and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the !ast of the two parties to sign and deliver. L 17. ENGINEER- -The person, firm or corporation named as such in the Agreement. 1.18. tA'GLA'EER s Consuhant—A person, firm o: corpo- ration having a corirac: with P.NG IN I iER to furnish 'Cr' ices as ENGINEER's independent professional associate or con- 'ultanl with respect to the Project and who is identified as sach in the Supplementary C'oncttions. 119. EiiddOrder—A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 hug. which once not involve a change in the Contract Price or the Contract Times. II I; 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. I 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—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. 1.26. NoticetoProceed—AwrittennoticegivenbyOWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform. CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. 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. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. i 1.35. Shop Drawings —All drawings, diagrams, illustra- tions. schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipmentlto be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndergroundFacilities—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. U I, I I I I I U I L I-' I I I 14 I I Li L L I C L I I I' 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directs e —A written directive to CON- TRACTOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times. but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as presided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Addition; SC-i) ARTICLE 2 —PRELIMINARY MAI-1'ERS IDelivery of Bonds: I Li I I I I 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall fum:sh to CONTRACTOR up to ten copies lunless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work.Additional copses wall be furnished, upon request. at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Times: Notice to Proceed: 2.3. The Contract Times will commence to n.n on the tl•.irn etn day after the Effective Date of the Agreement. or. if a Notice to Proceed is given, on the day indicated in the Notice to Proceed A Notice to I'nceed may he given at any time wi:hm thirty days after the Ellecuve Dade of the Agreement In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shad he done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefuily study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments. unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, includ ng any Milestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the limes for submitting. reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which wit include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the other. with copies to each additional insured identified in :he Supp'ementary Condi- tions, certificates of imurance (and other evidence of insurance which either of them or any additional insured may reasonably request) w hick CONTRACTOR and OWNER respectnely are required to pin chase and maintain in accordance with para- gr.ptis 5.4, 5.6 and 5?. Preconstruction Conference: 2.8. Within twen:v days after the Contract Times start to run. but before any Work at the site is started, a conference 1 15 I. attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will 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 or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference tot Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations 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 in the Contract Documents. -3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilitiesofOWNER. CONTRACTORor ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I I I 1 Li I I I I I I I I p I 16 I I I I I I I Li Li J I I LI [1 I I I I performance of the Work or any duly or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4, Whenever in the Contract Documents the terms "as ordered," "as directed." "as required," "as allowed." "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable. "acceptable. " "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may he amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of :he following ways: 3.5.1. a formal Witten Amendment. 3.5.2. a Change Order (pursuant to paragraph 10 4). or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways - 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.2i), or 3.6.3. ENGINE ER's written interpretation or claidica- tion (pursuan: to paragraph') 1). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Si.pplier or other person or organizat.on pertormmg or furnishing any of the Work under a direct or indirect contract with OWNER :i) shall not have or acquit e any title to or ownership : ignts in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings. Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Avadabilify of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents. the lands upon which the Work is to he performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicab'e Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but speciftca:ly related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount orextent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these land%, rights -of -way or easements. CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access :herclo that may be regaued for temporary construction faci:ities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Dtan•urgs: Reference is made to the Supplementary Conditions for icent:ticat.on of - 4 2.1 I. Subsurfare ('cm//lions: Those reports of explo- rations and tests of suhst.race conditions at or contiguous to the site that have been u:.lized by ENGINEER in preparing the Contract Documents; and (Additicri SC -4.2.1.1) 4 2. L2. Plri•su ui ('andiunns: Those dm w ings of ph y sisal concitior.s in or relating Cu existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) chat have been u:ilvcd by ENGINIjEER in prepar- ing the Contract Documents. I 17 I. 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER. ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However. OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical 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 I I I I I JI 1 I I I I I I 18 I I I I I Li I L I I I I I u J information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Un'ess it is otherwise expressly provided :n the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the ownersof such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any. to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall he respon- sible for the safety and protection of such Underground Fac,hty as provided in paragraph 6.20. CONTRACTOR shall he al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable :o agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided :n A-tic!es I1 aid 12. 1iowever, OWNER, ENGINEER and ENGINEER's Consultants shaa not he liable to CONTRACTOR for any caims. costs. losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project IReference Points: I I 4.4. OWNER ,hail provide cngincenne surveys to estab- lish reference points for construction which ;n ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with (he WorK. CONTRACTOR shall he responsible for laving out the Work, shall protect and preserve the es(ablished relerence points and ,hall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR sha!I report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shail be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum. Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5 2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not he required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (iii specifying any special conditions under which such Work may be resumed safely. If OWN FR and CONTRACTOR cannot agree as to entit:ement to or the amount or extent of an adjustment, rf any. in Contract Price or Contract Times as a resu:t of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Artic:es It and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree :o resume such W'orK based on a reasonable belief it is unsafe, or does not agree to resume such Work tinder such spec al conditons, :hen OWNER may order such portion of (he Work that is ;n connection with such hazardous cond.tion or :n such af- fected area to he deleted from the Work. If OWNER and CONTRACTOR cannot agree as to cnti:lement to or the amount or extent of an adjustmen(. if any. in Contract Price or Contract Times as a result L) deleting such poron of the Woi L. :hen either par.v may make .i claim therefor as provided in Artie es II and 12. OWNER may base such dcic:cd portion of the Work r crforrred '+y OWNER's own forces or others in accordance with Article 7. 4.5.4. To the ful'est extent permitted by Laws and Reg- ula!:ons. OWNER shall indenmdy and hold hann:ess CON- TRACTOR, Subcontractors, ENGINEER, ENGINFERs 1 19 I Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE S —BONDS AND INSURANCE Performance, Payment 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 provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. lithe surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to he purchased and maintained by OWNER or CONTRACTOR shall he obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. (Addition; SC -5.3.1) 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. 9"W MYfifoye/N9'0W7VAr0V'✓ kW/c4W e's/td 9? flZft9t9IiAC,PPi fi5dW r fl 9('AMc9bio1 CONTRACTOR's Liability Insurance: (Addition SC -5.4) 5.4. CONTRACTOR shall purchase and maintain such 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 performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or 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: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees: I I I 1, I I I t 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason: 5.4.5. clainis for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 20 I The policies of insurance so required by this paragraph 5.4 to ace upon the Work at the site in the amount of the f I be purchased and maintained shall: re lacement cost thereof (subject to such deductible amou is as ay be provided in the Supplementary Condition- or 5.4.7, with respect to insurance required by paragraphs requ red by Laws and Regulations). This insurance ,hall ' 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- 5, .1. include the interests of OWNER. CON RAC- sionalliability)OWNER, ENGINEER.ENGINEER'sCon- TOR, Subcontractors, ENGINEER. ENGINEE s Con - 1 sultants and any other persons or entities identified in the sultan and any other persons or entitles identifi d in the Supplementary Conditions, all of whom shall be listed as Supple. entary Conditions, each of whom is deem d to have additional insureds, and include coverage for the respective officers and employees of all such additional insureds; an insu ble interest and shall be listed as an nsured or ' additiona insured; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- 5.6. b written on a Builder's Risk "all 'sk" or open mentary Conditions or required by Laws or Regulations, peril or spec I causes of loss policy form t t shall at least whichever is greater; include insu ce for physical loss or dam, e to the Work, temporary buil ings, falsework and Work i transit and shall 5.4.9. include completed operations insurance; insure against least the following pe Is fire, lightning. extended covers , theft. vandalism and alicious mischief. 5.4.10. include contractual liability insurance covering earthquake. colla e, debris removal. d olition occasioned CONTRACTOR's indemnity obligations under paragraphs by enforcement o laws and Regula ons. water damage, 6.12, 6.16 and 6.31 through 6.33; and such other peril as may be speccally required by the 5.4.11. contain a provision or endorsement that the Supplementary Cond ions: coverage afforded will not be cancelled, materiaJy changed or renewal refused until at least thirty days prior written 5.6.3. include expe es incurr in the repair or replace- notice has been given to OWNER and CONTRACTOR and ment of any insured pr erty (i toiling but not limited to to each other additional insured identified in the Supplemen- fees and charges of engin em7 architects): tary Conditions to whom a certificate of insurance has been . issued (and the certificates of insurance furnished by the 5.6.4. cover materals a quipment stored at the site or CONTRACTOR pursuant to paragraph 5.3.2 will so pro- at another location that was reed to in writing by OWNER vide); prior to being incorporated he Work. provided that such materials and equipment h ve een included in an Applica- 5.4.12. remain in effect at least until final payment and at tion for Payment recomm nded y ENGINEER; and ,all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance 5.6.5. be maintaine in effect u td final payment is made with paragraph 13,12; and unless otherwise agre�l to in writ g by OWNER. CON- TRACTOR and ENG EER with thirty days written notice 5.4.13. with respect to completed operations insurance, to each other additi nal insured to hom a certificate of and any insurance coverage written on a claims -made basis, insurance has been slued. remain in effect for at least Iwo years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- 5-7. OWNER s II purchase and main in such boiler and tions to whom a certificate of insurance has been issued machinery insuran e or additional property insurance as may evidence satisfactory to OWNER and any such additional be required by I e Supplementary Conditio s or Laws and insured of continuation of such insurance at final payment Regulations wh h will include the interest of OWNER, and one year thereafter). CONCRAC O , Subcontractors, ENGINEER, :NGINEFR's Consultants a any other persons or entities id nufied in the Supplementary' Conditions. each of whom is dee ed to have 1 OWNER's Liability Insurance: (Replacement; an m,urahle/ interest and shall be listed as an insured or SC— 5 . 5) additional insured /9"5Y/$tfadd lulttbk�efd,tf�n4{dea�.y(MM d26'A/'M 5.8. II the nolic:es of insurance (and the certifi -ates or 9�'Ny6iifi y/� S'fi�1��f , t��1(/ay� �/�/e1(Vbll`>t other a dente thereof] required to he purchased an ti� ���rryirar�v��+ main- tained &y OWNER in accordance with paragraphs 5.6 a d 5.1 will cy(n:a:n a provision or endorsement that the coy rage 1 `id 9EYfP�ef S'•/ afforded will not he cancelled or ma:enn.ly changed or ren coal rcfu ed until at least thirty days' prior wntten notice has h en Property Insurance: Replacements; grvp'n to OWNER and CONTRACT)R and to each uth SC -5 . 6 5 . 7 & /5/.!8/1 additional insured to whom a certdica:e of insurance has bee /7(1{f�y{�a(„(,y{r��,i(��6v(di{,.fifi,�r�irlm:uy�(Ti'r% issued and will contain waiver provisions in accordance with S�U�Y:,O1a%1`)'t:�/,itl�,d4El%t+�v/sit,�riuiarittiili.lir�iVi�tit,�uf faragrtph 5.11. 1 I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. (Replacement; SC —S.10) 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend •that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. (Replacement Receipt and Application of Insurance Proceeds SC -5.12 5.13 & t.1 2. Any insured loss under the policies of insura e requi4 by paragraphs 5.6 and 5.7 will be adjusted ith OWNS and made payable to OWNE/shall as fiduciary/or the insureds, a's.their interests may subject to t require- ments of any plicable mortgagand of pa graph 5.13. OWNER shall eposit in a sepccount rty money so received, and sha distribute it iaccordancp4vith such agree- ment as the parties interest reach/f no other special agreement is reached e damaWoft shall be repaired or replaced, the moneys so eceived on account thereof and the Work and the cost erred by an appropriateChange Order or Written Am 5.13. OWNER as fiduciycshI have power to adjust and settle any loss with the i urers u ess one of the parties in interest shall object iip4riting withi fifteen (lays after the occurrence of loss to WNER's exercis f this power. If such objection be made WNER as fiduciary sR4I make settlement with the insureyt in accordance with such cement as the parties in int st may reach. If no such agreem t among the parties in i erest is reached, OWNER as fiducia hall adjust and sett the loss with the insurers and, if required writing by an party in interest, OWNER as fiduciary shall gi bond _ for a proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: . 4. If either party (OWNER or CONTRACTOR) has 9119 object[ to the coverage afforded by or other provision4t the Bonds or ' surance required to be purchased and 3xilntained by the other rty in accordance with Article 5 o the basis of non-conforman with the Contract Documeyt≤, the objecting party shall so noti he other party in w ' 'fig within ten days after receipt of the ce 'ficates (or of evidence requested) required by paragraph 2.7. WNE nd CONTRACTOR shall each provide to the other suc itional information in respect of insurance provided as th th may reasonably request. If either party does not purl pu�pKase or m ' tain all of the Bonds and insurance required of4ch party by th Contract Documents, such party shall nt1ty the other party in ing of such failure to purchase pjj& to the start of the Work, or such failure to maintain ptir to any change in the required cove e. Without preiudi to any other right or remedy, the other rty may elec o obtain equivalent Bonds or insurance to prote such pther party's interests at the expense of the party who as 22 ' 1 U I I I I I I 11 I J I El U I I f I r6 AAf(11rbrisf'e/sdgfiAOyE149/fl%i9fly'fdfir1)� Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10: provided that no such use or. occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 --CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise. inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques. sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shad he responsible to see that the competed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor. Materials and Equipment: 6,3. CONTRACTOR shall provide competent.su u ahlvqual- ified personrel to survey. lay our and construct the Work as requited by the Contact Documents. CONTRACTOR shall at all times maintain good di,cipltne and order at the site. Except as otherwise required for the safety or protection of persons or the Wo: k or property at the sae or adjacent thereto, and except as otherwise indicated in the Contract Documents. all Work at the site shall he performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 64 Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation. con- struction equipment and machinery, toots, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be app:ied. installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shad adhere to the progress schedule established in accordance with paragraph 2.9 as it may he adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additiona:ly will comply with any provisions of the General Requirements applicable thereto. 6.6.2 Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall he submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 67.1. Whenever an item of material or equipment is specdied or descnhed n tae Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to estab;ish the type. function and quality required. Unless the specification or description contains or is followed by words reading that no like, cquivaler.t or "or -equal" item or no ,unstitut;on is permitted, other items of material or equip- ment or material or equipment of other Suppliers may he accepted by ENGINEER underthe following circumstances: 1 23 C 6.7.1.1. "Or -Equal": (fin ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with' respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. 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 indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able 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. 1 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER'S or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor. 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 sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I I I I. I I. I I 24 t I I I I IT I I I If I I I I I I I I El substitution and an appropriate Change Order will he issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplierorother person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACPOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall he solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to he performea by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will he pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER. CONTRACTOR. ENGINEER. ENGINEER'S Consultants and all other additional insureds for all losses and damages cause.: by. arising out of or resulting from any of the penk cotered by such pol ores and arty other property insurance app icable to the Work If the in'mem on anv such policies require seaarate wave: lorrrs to he igred by any Subcontractor cr Supplier, t'ON IRACI OR W i I (,brain the same. Parent Fees and Royalties: 6.12_. CONTRACIY)R 'hi I pa) dlicense !cc s and royal- ties and assume all o'ts incident to the use in the perormance 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 :n the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rignts shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and holo harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- fRACTOR, 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 me applicable at :he ::me of opening of Bids, or. if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work. and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 'Addition; SC -6.13 Laws and Regulations: 614.1. CON-TRACTORsha!Igiveallnoticesandcomply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Law s and Regulations, neitherOWNER WN ER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall hear all claims, costs. losses and damages caused by. arising out of or resulting therefrom. however, it shall not be CONTRACTOR's pn- mary responsibility to make certain that the Specifications and Drawings are m accordance with Laws and Regulations. hut :his shall not relieve CONTRACTOR of Ct)NTRAC- TOR's obligations under paragraph 3.3.2. (Addition; SC -6.14.3) Tares: 6 15 CONTRACIY)R shall pay all sales. consumer, use and other similar taxes required to he paid by CONTRAC IY)R in accordance wilh the Laws and Regulations of the place of 1 25 !i the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. 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 persons on the Work site or who may be affected by the Work; 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, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers 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 protection, removal; relocation and replacement of their property. 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 indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall 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 ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or' in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for 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 accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and U t I I I I I 1' 26 11 I El I I I 1 1 I I I I 1 I I Li I 1 responsibi:ities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thonzation from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals wiJ be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Samp:e sub- mittals. Each Sample will he identified clearly as to material. Supp:ier. pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes regaiied by paragraph 6.26. The num- bers of each Sample to be submitted will he as specified in the Specifications. 6.25. .Submittal Procedures: 6.25.1. Defo-e suhrritting each Shop Diawicg or Sam- ple. CONTRACTOR shall have determined and venfied: 6.25.1.1. all field measurements, quantities. dimen- sions. specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6 25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage. assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any. that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means. methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly calied for by the Contract Documents) or to safety precautions or program% incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item :unctions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samp:es for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for tiny vana:ron from the requirements of the Contract 1 27 I Documents unless CONTRACTOR has in writing called EN- GINEER'S attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is 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: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; i 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors,'employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by taws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, o0icers. directors, employees or agents caused by the professional negligence. errors or omissions of any of them. Survival of Obtigatiorir: 6.34. All representations, indemnifications, warranties and guarantees made in. required by or given in accordance with I I I I I I I I 11 I I I I I I C KH Li I I I I I I I I I I 11 I I [1 I I I the Contract Documents, as well as all continuing obligations urdicateo in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles II and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will he affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONIRACTOR's Work depends upon work performed by others under this Article 7. CONTRACTOR shah inspect such other work and promptly report to ENGINEER in wn::ng any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and resuhs of CON'FRACTOR's Work. CON'I RACIY)R'N fadare so to report wul constitute an acceptance of such other work as it and proper for ictegrr::on with CONTRACTOR s Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will he identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. (Addition SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shaa furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. /a Y./�W 'A/rvcl%i tSlt /ft/rk Ielbt�du,hAs(n P��$flyfjt��YtXpSygh��q (Replacement SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indre:.ted in paragraph. 10.4. 8.7. OWNER's responsibddv in respect of certain inspec- lions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. Nee paragraphs 13 10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate cervices of CON- TRACTOR under certain circumstances. 29 H 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation. during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist. ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at. the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) Cfanfieafions and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will, be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided 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 Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by 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 OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or I I I 11 I I I I I I I I I I 1 I I 11 I I I I El I Li UI 1 that ENGINEER believes w ill not produce a completed Project :hat conforms to the Contract Documents or that will prejt.dice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documena. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples. see paragraphs 6.24 through 6 28 inclusive. 9.8. In connection with E.NGINEER's authority as to Change Orders. see Articles I0, II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment. see Article 14. Determination for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's writ:en decision thereon will be final and binding upon OWNER and CONTRACTOR. unless, w:thin ten days after the date of any such decision. either OWNER or CONTRACTOR delivers :o the other and to ENGINEER written notice of intention :o appeal from ENGINEER's decision and. (i) an appeal firm ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement;' entered into between OWNER and CONTRACTOR pursuant to Article 16. or (it) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such righ:s or remedies as the appealing party may have with respect to ENGINEER's decision. unless otherwise agreed :n venting by OWNER and CONTRACTOR. Such appeal wif not ^e subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER wd: he the initial interrreter of the requirements of the Contact Documents and judge of (he acccplab lit' of the Work :nereurder Claims, cispu(es and olhe: matters relating :o the acceptabi ity of the W'oi k or the interpretatior of the requirements of the Contract Ducti-nents peivumng to (Fe pe fi+rmar.ce and furnishing of the Work and ('hums .order Articles II and 12 n respect of changes ir the Cortract Price or Contract lilies w.11 he referred mrtci:ly to FNGINFE.R n wrlirg with a reques: for a formal decision in accordance with This paraeroph. W-i::en notice of each mich claim, dispute crol her master will he ,eloered by the claimant to ENGINEER and the other party :othe Agreement promptly (but in no evert later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will he suhmi:led to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an adddiona period of time for the submission of additional or more accurate data :n support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimants last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the lime limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement." entered into between OWNER and CON- TRACTOR pursuant to Article 16. or Ui) if no such Dispute Resoution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR :o the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with iespect to such claim. disrt.le or other matter in accordance with applicable laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWN ER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.: I. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capaci:y. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) wili be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or o:her matter pursuant to .Ar:,cle 16. 9.13. Limitahons on E1\GLXEER's Auttrority and Responsrhilities: 9.13.1. Neimer ENGIN LER's authority or resvms.h:l- ity under this Article 9 of .ruder any usher provision of :he (brittact oneumcnts nor an 7 dec ivon qia ie Fy E.NG INI:ER in good f:.ith either Incxciene or not exercise such authority or i esponsl^i it or I he tincertaking, exercise or performance of any author iry or re sponsi hilny by I iN(7IN It ER shall crone• impose or giverise :c any duty owed by ENGINEER :o CONTRACTOR. any Subcontractor, any Supplier. any other person. of or ganiration. or to any surely for or cm- plryce or acer.t of :my of Ihem. 1 tl I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. 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 perform- ing or furnishing any of the Work. 9.13.4. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. 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. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided 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 Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph ,13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times 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 progress 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 (includ- ing, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE II.!. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's 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 adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the stars of the occurrence or 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 the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance 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 I I I I I I I I I LI I II I I 32 I I I I I J I be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Pr.ce will be determined as follows - 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by applicaton of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs I1 -9I through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit pnces contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 1 13.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACIOR's fee for overhead and profit (determined as provided in paragraph 11.6). I Cost of the Rork: Li I I I I I I 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in tae 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 Pro ect. shall include only the following items and shat: not inc:ude any of :he costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules ofjob classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents. foremen and other personnel em- ployed full- time at the site. Payrol: costs for employees not employed full tune on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not he limited to, salaries and wages plt.s the cost of fringe benefits which shall include social security contributions. unemplovmert, excise and payroll taxes. w ork- erscompensation, heath and retirement benefits, bonuses. sick leave, vaca:ton and holiday pay appl.cab;e thereto. The expenses of performing Work after •egular working hours, on Saturday, Sunday or legal holidays, shall he included ;n the above to the extent authorised by OWNER. 11.4.2. ('os: of a I materials and equipment fumnhcd and incorporated in :'ic W'orK. irclu d. ng costs of Iransprrtat ion and %torage Ihere o:. and Snpll. revs field services -equircd in connection 'nerewith. All cash d•scounts shall ;.ccrae to CONTRACTOR time's OW'YER deposits finds with CON - 'I ERAC'IOR wi h which to make payments. in which case the cash discounts shall accrue to OW^NFR. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may he obtained. 11.4.3 Payments made by C0NI'R.ACIOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcont met ors acceptable to OWNER and CONTRACTOR and shall de,iver such bids to OWNER who will then determine, with the advice of ENGINEER. which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4. 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountan:s) employed for services spe- cifically re.ated to the Work. 11.4.5. Supplemental costs including the foLowmg: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CON'IRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materia:s, supplies, equipment, machinery. appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved hy OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation. dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment. machinery or parts shall cease when the use thereof is no longer necessary for the WoI K. II 4,5,4. Sales, consumer, use or simi!ar taxes related to the Woik, and for which C0NTRA(:IOR is liable. imposed by Laws and Regulations 11.4. S. Deposits lost for causes other than negli- gence ul CONTRACTOR, any Subcontractor or anyone directly ii- mdu ectly employed by any of them or for whose acts any of :hem may lie liable, and royalty payments and fees for permits and licenses. 1 13 I 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or. specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC. TOR, any Subcontractor, or anyone directly or indi- rectly 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 property. Other overhead orgeneral expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 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 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for 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; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. I I I I I I I I I I I 34 Li I I I I I I I I I I L I I I I 11 Li I 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 fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees :hat: 11.8.1. the aaowances inc',ude the cost to CONTRAC- TOR (less any appIicah:e trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall he correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to he Unit Price Work, initially the Contract Price will be deemed to include for as Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10, 11.9.2. Each unit price will he deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an ad ustment in the Contract Price in accordance with Article II if: 11.93 I the quantity of cm item of Ln:t Price Work performed by ('ONTRA(1OR differs materially and sig- nificantly from the estimated quantity of Bach tern indi- cated in the Agreement: and 'A SC -1.9.3.1) 11.9.1.2. there is r) corresponding adiust:nert with respect to any other item of W'or c: and IL').3.1. if('ONTRAC"lORhelievcsthat CON1RAC- TOR is entitled to an increase :n Contract Price as a rest, I of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Pnce and the parties are unaole to agree as Co the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times for Milestones) may only he changed by a Change Order or a Wntten Amendment. Any claim for an adjustment of the Contract Times for Milestones) shall be based on wntten notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data shall he delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to winch the claimant has reason to believe it is entitled as a result of the occurrence of said event- All claims for adjustment in the Contract Times (or Milestones) shall he determined by ENGI- NEER in accordance with paragraph 9.11 :f OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will he valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of :he essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of ('ONTRAC- TOR, the Contract Times or Milestones) will be extended in an amount equal to the time los: due to such delay if a claim is made therefor as provided in paragraph 12-I- Delays bcyond the control of CONTRACTOR shall include. but not he limited to. acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, tires, floods, epidemics. ahnormal weather condi- tions or acts of God. Delays atinhutable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any pan of the Work within the Contract Times for Milestones) due to delay heyord the control of both OWNER and CONTRACTOR, an extenstun of the Contract Tides (or Milestones? in an amount equal to the time hot due to such de„a• shalt he CON'rRAC'TOR's sore and exclusive remedy for such dc!ay. In no even: shall OWN ER he I:ab:e to CON rRAC- 1Y)R. any Si.hcontractor. any Supper. an other person or org.:mvation. or to any surety for o; employee or agcat of any of ;:rem. for damages ansing out of or resulting from (0 delays caused by or within the control of CONTRACTOR. or fii) 35 I delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and'' 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection. or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. (Addition; SC -13.5) 13.6. If any Work (or the work of others) that is to be inspected, tested of approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 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. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work he observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, 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 pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article II. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement 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 tile Work: 13.10. If the Work is dciertive, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, 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 I I U I Li I I I I U I I I I I 36 I I I I L I I I I I l 1l I I F shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly. as directed, either correct all defecrii e Work, whether or not fabricated, instal!ed or completed, or. if :he Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACIOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective. CONTRAC'T'OR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or. if it has been rejected by OWNER. remove it from the site and replace it with Work that is not defective, and (ti) satisfactonly correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay wou;d cause serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and rep:aced, and all claims, costs. losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In specia: circumstances where a particular item of equipment is placed :n continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an easier date if so provided in the Specificalions or by Written Amendment. 13.12.3. Where defertive Work (and damage to other Work resulting there&oml has been corrected, removed or replaced under this paragraph 13 12. the correctior. period hereunder with respect to such Work w ill he extended for an additional period of one year after such correction or re- moval and replacement has been satisfactonly completed. Acceptanre of Defective Work: 13.13. If, instead of req.rirng corection or remind and rep .cement o: elefn five Work. ON NI:R and pr or to [NC I- NhER's recorrmendaticn of final payment..ilso F.NGINLER) prefe.s to accept it, OW N I:R may do so. CONTRACTOR sha.) pay all claims, costs, losses and damages attributable to OWNER's evaluation of and deter:n.nation to accept such defective Work Isuch costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommencalion of final payment. a Change Order wil: be issued incorporating the necessary revisions in the Contract Documents with respect tothe Work; and OWNER sha I be entitled to an appropriate decrease in the Contract Prce. and, if the parties are unable to ag:ee as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph ;3.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expedi: ously. In connection with such corrective and remedial action. OWNER may extrude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACI'OR's services related thereto. take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machir.en• at the sue and incorporate in the Work ail materials and equipmen: stored at the site or for which OWNER has paid CONTRACTOR hu: which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER :n exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will he issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs.:osses and damages will include but not be :imi:ed :o all costs of repair or replace- ment of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or hli estonesl becatse of any delay in the performance ofthe Wei k attribt.iahle totheexercise hyOWNER of OWNER's rights and remedies hereunder. ARTICLE 11PAYMENTSTO CONTRACTOR AND COMPLETION Schedule of 1'alues: 14 I The schedule of values established as provided in paragraph 29 will serve as :he basis fur progress payments and ' 37 I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's N ER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. i CONTRACTOR's Warranty of Tide: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, basedon ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation 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 quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive 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 (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 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 the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered 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. ENGINEER has actual knowledge of the oc- currence of any of (lie events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRA('I'ORs performance or furnishing of the Work, I I I I I I I I I I [1 I 38 L I ' 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 1477. there are other items entitling OWNER to a set-off against the amount recommended. or I I 1 I 1 I I LJ I I 1 1 I I 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld. or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. 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 CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable lime thereafter, OWNER, CONTRACTOR and ENGINEER shaJ make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially comDlete. ENGINEER wia prepare and deliver to OWNER a tentative certificate of Substantial Com- pietion which shall fix the date of Substantial Completion There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written oh;ection to ENGINEER as to any provisions of the certificate or attached list. If. after considering such objections. ENGINEER concluces that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stati-ig the reasons therefor. If. after consideration of OWNER's obections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative :1st of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from, OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OW'NFR and CONTRACTOR a written recommendation as to di' ision of responsihilit:cs penc- mg final payment between OWNER and CONTRACTOR with respect to security, operation safety, mainterance. heat, u: -Ii - ties, inNurance and marrantiesand guarantees Unless OWNER and CONTRACTOR agree other ise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGIN EER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Udli adan: 14.10. Use by OWNER at OWNER's optiori of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such pail of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially comptele and request ENGINEER to issue a certificate of Substantial Completion for that part of :he Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CON TRACTOR'n writ- ing giving the reasons therefor. If ENGIN EER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 wia apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will he accomplished rrior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon coca:ten notice from CONTRACTOR that the ertire Work or an agreed portion thereof is compete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 1 I particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, 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 Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER 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 ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without. cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: d 15.2. Upon the occurrence of any one or more of the following events: I I I I I U I L I I I I I I I nQ L I I I I I I I I I I I I I I I I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under pamgmph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety. if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations. terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances, construction equipment and machinery at the site and use the same to the ful: extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work aJ materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims. costs. losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will he paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under :his paragraph OWNER shad not he required to obtain the :owest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from iahility. 15.4. Upon seven days' written notice to CONTRACIOR and INGINEER, OWNER may, without cause and without prejudice to any other right of remedy of OW\ER, elect to terminate the Agreement. In such rase. CONTRACTOR shall be paid iw'ahcut duplication or an items): 15.4.1. for completed end acceptable W'.nk executed in accordance w th the Contract Documerts rrior to the efee- toe date of termination. including fair and reasonable sums for overhead and profit or. such Wo'k, 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor. materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4, for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR ,.fay Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other pubic author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has faired to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPLTF. RESOLUTION If;.nd to the extent ;hat OWNER and C0NTRACtOR have agreed on the method and procedure for resolving disputes hetwcen them that may arise under this Agreement. such dispute resom::on method and procedure. if any. shall he as set forth i-i Eshihit (iC-.A. "Dispute Resolution Agreement:" to he attached he•cto and made a part hereof If no such ag: cement on :he method and procedure for resolving such disputes has been reached, and sulycet to the provisions of pmagraphs 9.10, 9.11, and 9.12. OWNER and CONTRACTOR may exercise 41 I such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Computation of Times: 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 computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Clam: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time• of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto; and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be 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, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.] C I I I I I El I I I I I I I 42 I L I I EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) 1 DISPUTE RESOLUTION AGREEMENT I L I I I I I I I I I OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will he specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will he made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (bt the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after :he date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11: and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER rendeis a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings. except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER tendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided .n paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writ,ng with the other party to the Agreement and with the American Arbitration Assoc;alion. 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 he barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER. ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph, but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically idenulied in sach consent. 16.5. Notwithstanding paragraph 16.4 if a c:aim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim. right or cause of action in favor of Subcontractor and against OWNER. ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will he final, judgment min he entered upon it in anv court having junsdic- tion thereof. and is w ill riot be subject to modification or appeal. [The remainder of this page was left blank intentionally l I GC -Al 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitra- GC-A2 tion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended• until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. 1 1 1 1 1 I I I TABLE OF CONTENTS IOF SUPPLEMENTARY CONDITIONS Page SC -1 Definitions and Abbreviations .......................... SC -1 SC -2 Preliminary Matters ................................. SC -2 SC -5 Bonds and Insurance SC -3 SC -6 Contractor's Responsibilities SC -6 1 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 -10 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............... SC -11 1 El I I I El I 1 I IT ' SC-i ISupplementary Conditions SUPPLEMENTARY CONDITIONS ' These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 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 words "OWNER" and "City" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "City Council" shall mean the City Council of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville. 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 for 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 has been t employed by the City of Fayetteville 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 clarity 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 tho official designated in the "Advertisement for Bids." 1 SC -1 Supplementary Conditions Whenever the following abbreviations are used, they shall have the meanings given I below: AASHTO - American Society of State Highway Officials I ACI - American Concrete Institute AGA - American Gas Association 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 1 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 abc - aggregate base course cfm - cubic feet per minute CGMP. - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute i Hp - horsepower MOD - 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 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: SC -2 Supplementary Conditions C I I I I I I I I I [I E C L, H I SC -2.2 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. SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: 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. SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing paragraph 5.3.1 of the General Conditions: The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an 'A' rated bonding company." SC -5.3.2 Licensed Sureties and Insurers: Certificates of Insurance. In paragraph 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). SC -5.4 CONTRACTOR'S Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in SC -5.4 of the General Conditions: SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: SC -5.4.1 and SC -5.4.2 Workers' Compensation etc. underparagraphs 5.4.1 and5.4.2 of the General Conditions: 1) State: 2) Applicable Federal (e.g 3) Employer's Liability: $ 100,000 Statutory Longshoreman's): Statutory 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. I SC -3 Supplementary Conditions SC -5.4.3. SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under 1 paragraphs 5.4.3 through 5.4.5 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 -5.4.6 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. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General ' Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and 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 I 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 SC -4 ISupplementary Conditions malicious mischief, collapse, flood, earthquake, 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. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the tfollowing 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 CONTRACTOR to protect the OWNER against all losses, the ' CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. t SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 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. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. SC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General IConditions in its entirety. ' SC -5 Supplementary Conditions I. SC -6 CONTRACTOR'S RESPONSIBILITIES I SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13 of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas - Department of Pollution Control and Ecology. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the CONTRACTOR." SC -6.14 Laws and Regulations. Add a new paragraph immediately after J. paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 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. .SC -6.24 Shop Drawings and Samples. Add the following language at the end of the ' first sentence of paragraph 6.24.1 of the General Conditions: The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after I paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or i 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, I or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or. permit any action against any of them to be maintained and continued in SC -6 ' ISupplementary Conditions ' 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 1 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 t 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: 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 1 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 1 dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. ' Duties and Responsibilities of RPR Ii) Schedules. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 1 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. 1 SC -7 Supplementary Conditions I I. 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. 1 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. 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. SC -8 I ' ISupplementary Conditions ' 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. 1 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. i c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. I 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. Id) 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 1 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. I I I I I 11) Certificates, Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and I SC -9 Supplementary Conditions I II 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 Documents. • shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. • shall not advise on, issue directions relative to or assume control • over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. shall not advise on, issue directions regarding or assume control I over safety precautions and programs in connection with the Work. shall not accept Shop Drawing or sample submittals from anyone ! other than CONTRACTOR. shall not authorize OWNER to occupy the Project in whole or in part. ' shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC -11 CHANGE OF CONTRACT PRICE 1 SC -1 1.9 Unit Price Work. Add the following to paragraph 11.9.3.1 of the General I Conditions: The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: I 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. SC -10 I Supplementary Conditions I I I 1 I LI F I I 1 LI SC -13 TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of the General Conditions: All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. I SC -11 SECTION 01010 - SUMMARY OF WORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to 1 this Section. 1.2 WORK COVERED BY CONTRACT DOCUMENTS A. The Project consists of water system improvements to provide water service to the southwest Fayetteville area. 1. Project Location: Fayetteville, Arkansas. 2. Owner: City of Fayetteville. B. Contract Documents, dated May, 1995, were prepared for the Project by McGoodwin, Williams and Yates, Inc., Consulting Engineers, Fayetteville, Arkansas. C. The Work consists of installing 24 inch and 6 inch water lines with ties. 1. The Work includes the construction of 3,300 linear feet of ductile iron or PVC pipe, 300 linear feet of 6 inch ductile iron or PVC pipe, service lines, connections to existing services, fire hydrant, 15 ties to system, and asphalt and concrete repair. D. The Work will be constructed under one contract. 1.3 CONTRACTOR USE OF PREMISES A. General: During the construction period the Contractor shall have full use of the premises for construction operations, including use of the site. The Contractor's use of the premises is limited only by the Owner's right to perform work or to retain other contractors on portions of the Project. 1.4 OCCUPANCY REQUIREMENTS A. Partial Owner Occupancy: The Owner reserves the right to occupy and to place and install equipment in completed areas prior to Substantial Completion, provided such occupancy does not interfere with completion of the Work. Such placing of equipment and partial occupancy shall not constitute acceptance of I SUMMARY OF WORK 01010-1 the total Work. 1. The Engineer will prepare a Certificate of Substantial Completion for each specific portion of the Work to be occupied prior to Owner occupancy. 2. Prior to partial Owner occupancy, mechanical and electrical systems shall be fully operational. Required inspections and tests shall have been successfully completed. Upon occupancy, the Owner will operate and maintain mechanical and electrical systems serving occupied portions of the building. 3. Upon occupancy, the Owner will assume responsibility for maintenance for occupied portions of the building. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01010 SUMMARY OF WORK I I I I I 01010-2 I I SECTION 01025 - MEASUREMENT AND PAYMENT I PART 1 - GENERAL I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for the unit and lump sum items stated on the Bid Form. These unit and lump sum prices include all necessary materials, labor, overhead, profit and applicable taxes. A schedule of the bid items is included at the end of this section with a description of each. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 GENERAL A. Each unit and lump sum item includes the cost of materials, equipment, labor, overhead, profit and applicable taxes which pertain to the construction items listed. 1 3.2 PRICE SCHEDULE A. Bid Items 1 and 2 - Water Line Pipe: Payment for pipe shall be made at the unit price bid per linear foot for the various types and sizes of pipe bid, complete in place. The unit price bid shall be full compensation for clearing, timber and brush disposal, temporary fencing where necessary, right of way 1 preparation, stripping and stockpiling topsoil where required, trenching, rock excavation, furnishing and laying pipe, furnishing and installing all required ' polyethylene encasement, embedment material as required, backfilling, compaction, cleanup, seeding, fertilizing, mulching, fence repair, and every other item required for a complete installation as specified. This item also includes concrete reaction backing. 1. Measurement shall be based on the total length of the line. All fittings, MEASUREMENT AND PAYMENT 01025 - 1 I bends, etc. are included in the bid price per foot of pipe. 2. Measurement shall be made with a 100 foot tape along the centerline of the pipeline after the trench as 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. B. Bid Items 3 and 4 - Service Line: Payment for service lines shall be made at I the price bid per linear foot. The bid price shall include furnishing and installing the service line required for service line connections; and shall also include driveway surface repair where required. C. Bid Item 5 - Service Connection: Payment for service line connections shall be i made at the lump sum price bid. The price shall include furnishing and installing corporation stop, tapping the water main, connecting to existing service lines, fittings required to reconnect to the service, and all other work and accessories necessary for a complete installation. D. Bid Item 6 - Service Connection: Payment for service line connections shall be made at the unit price bid. The bid price shall include furnishing and installing corporation stop, tapping the water main, connecting to existing service lines, and all other work and accessories necessary for a complete installation, except the additional service line pipe required for tie-in shall be paid for under the appropriate Bid item. E. Bid Item 7 - Tap and Service Setting: Payment for service line connections I shall be made at the unit price bid. The bid price shall include furnishing and installing corporation stop; tapping the water main, 6 foot long 4 inch x 4 inch wood location marker or 6 foot steel tee post, and all other work and accessories necessary for a complete installation. The City will make connections to services. _ F. Bid Item 8 - Gate Valve: Payment for gate valves (except 6 inch gate valves required for fire hydrant installations) shall be made at the unit price bid for each of the various types and sizes of valves, complete in place. The price shall include furnishing and installing the valves, valve boxes, concrete pad at - ground surface, valve operator extension stems (if required), and every other item of work required for a complete installation as specified. G. Bid Item 9 - Fire Hydrant: Payment for fire hydrant assemblies will be made at the unit price bid. The bid price shall include furnishing and installing of the fire hydrant, swivel tee, boss, or outlet, auxiliary gate valve, valve box and barrel extension, if required. All fittings, tie rods, gravel drain, concrete collar, concrete support and reaction blocking will be included in this pay item, H. Bid Items 10 through 24 - Tie or Plug to Existing System: Payment for tie or plug to existing system will be made at the lump sum price bid, complete in place. The price bid shall include furnishing and installing all fittings, pipe, valves, extensions, valve boxes, tie rods, gravel drain, concrete collar, concrete support and reaction backing. Fittings removed from existing line will become the property of the Contractor. Construction of tie at intersection of Line 2 and I MEASUREMENT AND PAYMENT r01025 - 2 I 1 Line 3 is not considered a tie in this contract. I I. Bid Items 25 and 26 - Hot -Mixed, Hot -Laid Asphalt Concrete: Payment for hot - mixed, hot -laid asphalt concrete and concrete underlayment for city streets, county roads and parking areas surface repair shall be made in accordance with the unit price bid per linear foot. The price bid shall be full compensation for furnishing crushed stone backfill and other 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 prescribed removal as shown on the Drawings and as specified. 1 J. Bid Item 27 - Concrete for Driveway Repair: Payment under this item shall be made at the unit price bid. The price bid shall be full compensation for furnishing the materials, labor, tools and equipment required for complete repair of all concrete driveways. Measurement of concrete shall be determined in accordance with the prescribed removal as shown on the Drawings and as specified. ' K. Bid Item 28 - Trench or Excavation Safety System: Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. IEND OF SECTION 01025 F. l L U I C1 I I MEASUREMENT AND PAYMENT 01025-3 Li II SECTION 01026 - UNIT PRICES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1 1.2 SUMMARY I A. This Section includes administrative and procedural requirements for unit I prices. 1 1.3 DEFINITIONS A. Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if the estimated quantities of Work required by the Contract Documents are increased or decreased. 1.4 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, overhead, profit, and applicable taxes. B. Measurement and Payment: Refer to individual Specification Sections for work that requires establishment of unit prices. Methods of measurement and payment for unit prices are specified in those Sections. C. The Owner reserves the right to reject the Contractor's measurement of work -in -place that involves use of established unit prices, and to have this work measured, at the Owner's expense, by an independent surveyor acceptable to the Contractor. D. Schedule: A "Unit Price Schedule" is included at the end of this Section. Specification Sections referenced in the Schedule contain requirements for materials described under each unit price. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 UNIT PRICE SCHEDULE ' UNIT PRICES 01026 - 1 A. Unit Price Bid Items 1 through 4 - Water Line: 1. Description: Water line laid according to Division 2 Section "Water , Systems." 2. Unit of Measurement: L.F. (linear feet) of pipe laid. B. Unit Price Bid Items 5 through 7 - Service Connections: 1. Description: Water service connection according to Division 2 Section "Water Systems." 2. Unit of Measurement: Each service installed. C. Unit Price Bid Item 8 - Gate Valves: 1. Description: Gate valve for water line according to Division 2 Section "Water Systems." 2. Unit of Measurement: Each valve installed. D. . Unit Price Bid Item 9 - Fire Hydrant: 1. Description: Fire hydrant for water line according to Division 2 Section "Water Systems." 2. Unit of Measurement: Each fire hydrant installed. E. Unit Price Bid Items 10 through 24 - Tie or Plug to Existing System: I. 1. Description: Tie to existing system according to Division 2 Section "Water Systems." 2. Unit of Measurement: Each tie made. F. Unit Price Bid Items 25 and 26 - Asphalt Concrete Hot -Mix: , 1. Description: Asphaltic concrete hot -mix for city streets, parking lots, and driving surface repair. 2. Unit of Measurement: L.F. (linear feet) of surface repaired. G. Unit Price Bid Item 27 - Concrete for Driving Surface, Sidewalk, and Curb and I Gutter Repair: 1. Description: Concrete surfacing for repair in above surfaces. ' 2. Unit of Measurement: L.F. (linear feet) of surface repaired. H. Unit Price Bid Item 28 - Trench or Excavation Safety System: 1. Description: Fulfilling the requirements of the trench or excavation safety system requirements. 2. Unit of Measurement: Lump sum for job. END OF SECTION 01026 1 I UNIT PRICES I 01026 - 2 1 i SECTION 01027 - APPLICATIONS FOR PAYMENT PART 1 - GENERAL 1 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements governing each prime contractor's Applications for Payment. 1. Coordinate the Schedule of Values and Applications for Payment with the Contractor's Construction Schedule, Submittal Schedule, and List of Subcontracts. B. Related Sections: The following Sections contain requirements that relate to this Section. 1. Schedules: The Contractor's Construction Schedule and Submittal Schedule are specified in Division 1 Section "Submittals." 1 1.3 SCHEDULE OF VALUES A. Coordination: Each prime Contractor shall coordinate preparation of its Schedule of Values for its part of the Work with preparation of the Contractors' Construction Schedule. 1 1. Correlate line items in the Schedule of Values with other required administrative schedules and forms, including: a. Contractor's Construction Schedule. b. Application for Payment forms, including Continuation Sheets. C. List of subcontractors. d. Schedule of allowances. e. List of products. f. List of principal suppliers and fabricators. g. Schedule of submittals. 2. Submit the Schedule of Values to the Engineer at the earliest possible date but no later than 15 days before the date scheduled for submittal of the initial Applications for Payment. 1 APPLICATIONS FOR PAYMENT 01027 - 1 1 Li B. Format and Content: Use the Bid Form as a guide to establish the format for the Schedule of Values. 1. Identification: Include the following Project identification on the Schedule of Values: a. Project name and location. ii b. Name of the Engineer. c. Project number. d. Contractor's name and address. e. Date of submittal. , 2. Provide a breakdown of the Contract Sum in sufficient detail to facilitate continued evaluation of Applications for Payment and progress reports. Coordinate with the Project Manual table of contents. Break principal subcontract amounts down into several line items. 3. Round amounts to nearest whole dollar; the total shall equal the Contract Sum. 4. Provide a separate line item in the Schedule of Values for each part of the Work where Applications for Payment may include materials or equipment, purchased or fabricated and stored, but not yet installed. a. Differentiate between items stored on -site and items stored off -site. Include requirements for insurance and bonded warehousing, if required. 5. Schedule Updating: Update and resubmit the Schedule of Values prior I to the next Applications for Payment when Change Orders or Construction Change Directives result in a change in the Contract Sum. 6 1.4 APPLICATIONS FOR PAYMENT I A. Each Application for Payment shall be consistent with previous applications and payments as certified by the Engineer and paid for by the Owner. I 1. The initial Application for Payment, the Application for Payment at time of Substantial Completion, and the final Application for Payment involve additional requirements. B. Payment Application Times: The date for each progress payment is the last Friday of each month. The period of construction Work covered by each Application for Payment is the period ending the last Friday of the month and starting the day following the end of the preceding period. C. Payment Application Forms: Use forms provided by the Owner for Applications for Payment. 1 D. Application Preparation: The Engineer will prepare the Application for Payment APPLICATIONS FOR PAYMENT 01027 - 2 I using information provided by the Contractor and verified in the field including percentage of completed Work items and materials stored on -site. The Owner will pay the Contractor based upon the Application for Payment less retainage as provided by state law. 1 E. Transmittal: The Engineer shall submit 4 executed copies of each Application for Payment to the Contractor for review and execution. The Contractor shall forward all copies to the Owner for final execution and payment. F. Initial Application for Payment: Administrative actions and submittals that must precede or coincide with submittal of the first Application for Payment include 1 the following: 1. List of subcontractors. 1 2. List of principal suppliers and fabricators. 3. Schedule of Values. 4. Contractor's Construction Schedule (preliminary if not final). 1 5. Schedule of principal products. 6. Submittal Schedule (preliminary if not final). 7. List of Contractor's staff assignments. 8. Initial progress report. G. Application for Payment at Substantial Completion: Following issuance of the ' Certificate of Substantial Completion, submit an Application for Payment; this application shall reflect any Certificates of Partial Substantial Completion issued previously for Owner occupancy of designated portions of the Work. H. Administrative actions and submittals that shall proceed or coincide with this application include: 1. Occupancy permits and similar approvals. 2. Warranties (guarantees) and maintenance agreements. 3. Maintenance instructions. 4. Start-up performance reports. 5. Change -over information related to Owner's occupancy, use, operation and maintenance. 6. Final cleaning. 7. Application for reduction of retainage, and consent of surety. ' 8. Advice on shifting insurance coverages. 9. List of incomplete Work, recognized as exceptions to Engineer's Certificate of Substantial Completion. I. Final Payment Application: Administrative actions and submittals which must precede or coincide with submittal of the final payment Application for Payment include the following: 1. Completion of Project closeout requirements. 2. Completion of items specified for completion after Substantial Completion. 3. Assurance that unsettled claims will be settled. 4. Assurance that Work not complete and accepted will be completed I APPLICATIONS FOR PAYMENT 01027- 3 without undue delay. 5. Transmittal of required Project construction records to Owner. 6. Proof that taxes, fees and similar obligations have been paid. I 7. Removal of temporary facilities and services. 8. Removal of surplus materials, rubbish and similar elements. 9. Change of door locks to Owner's access. PART 2 - PRODUCTS (Not Applicable). 1 PART 3 - EXECUTION (Not Applicable). 1 END OF SECTION 01027 1 1 1 1 1 1 1 1 1 1 1 1 1 APPLICATIONS FOR PAYMENT 01027 - 4 I SECTION 01035 - MODIFICATION PROCEDURES ' PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for handling ' and processing contract modifications. 1. Multiple Prime Contracts: Provisions of this Section apply to the work of each prime contractor. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Allowances" for procedural requirements governing 1 the handling and processing of allowances. 2. Division 1 Section "Unit Prices" for administrative requirements governing use of unit prices. ' 3. Division 1 Section "Submittals" for requirements for the Contractor's Construction Schedule. 4. Division 1 Section "Applications for Payment" for administrative 1 procedures governing Applications for Payment. 5. Division 1 Section "Product Substitutions" for administrative procedures for handling requests for substitutions made after award of the Contract. 1.3 MINOR CHANGES IN THE WORK A. The Engineer will issue supplemental instructions authorizing minor changes in the Work, not involving adjustment to the Contract Sum or Contract Time. 1.4 CHANGE ORDER PROPOSAL REQUESTS L L [] A. Owner -Initiated Proposal Requests: The Engineer will issue a detailed description of proposed changes in the Work that will require adjustment to the Contract Sum or Contract Time. If necessary, the description will include supplemental or revised Drawings and Specifications. MODIFICATION PROCEDURES 01035- 1 I 1. Proposal requests issued by the Engineer are for information only. Do not consider them as an instruction either to stop work in progress or to execute the proposed change. 2. Within 10 days of receipt of a proposal request, submit an estimate of cost necessary to execute the change to the Engineer for the Owner's review. 11 I a. Include a list of quantities of products required and unit costs, with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. b. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. c. Include a statement indicating the effect the proposed change in the Work will have on the Contract Time. B. Contractor -Initiated Proposals: When latent or unforseen conditions require , modifications to the Contract, the Contractor may propose changes by submitting a request for a change to the Engineer. 1. Include a statement outlining the reasons for the change and the effect of the change on the Work. Provide a complete description of the proposed change. Indicate the effect of the proposed change on the Contract Sum and Contract Time. 2. Include a list of quantities of products required and unit costs, with the total amount of purchases to be made. Where requested, furnish survey data to substantiate quantities. 3. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts. 4. Comply with requirements in Section "Product Substitutions" if the proposed change requires substitution of one product or system for a product or system specified. C. Proposal Request Form: Use forms provided by the Owner for Change Order Proposals. 1.5 WORK CHANGE DIRECTIVE A. Work Change Directive: When the Owner and the Contractor disagree, on the terms of a Proposal Request, the Engineer may issue a Work Change Directive. The Work Change Directive instructs the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. 1. The Work Change Directive contains a complete description of the change in the Work. It also 'designates the method to be followed to determine change in the Contract Sum or Contract Time. B. Documentation: Maintain detailed records on a time and material basis of work required by the Work Change Directive. MODIFICATION PROCEDURES 01035 - 2 I 1. After completion of the change, submit an itemized account and supporting data necessary to substantiate cost and time adjustments to the Contract. 1.6 CHANGE ORDER PROCEDURES A. Upon the Owner's approval of a Proposal Request, the Engineer will issue a Change Order for signatures of the Owner and the Contractor as provided in the Conditions of the Contract. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01035 MODIFICATION PROCEDURES 01035 - 3 I I I L SECTION 01040 - COORDINATION PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and supervisory requirements necessary ' for coordinating construction operations including, but not necessarily limited to, the following: 1. General project coordination procedures. 2. Coordination Drawings. 3. Administrative and supervisory personnel. 4. Cleaning and protection. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Field Engineering" specifies procedures for field engineering services, including establishment of benchmarks and control points. 2. Division 1 Section "Project Meetings" for progress meetings, coordination meetings, and preinstallation conferences. 3. Division 1 Section "Submittals" for preparing and submitting the Contractor's Construction Schedule. ii 4. Division 1 Section "Materials and Equipment" for coordinating genera! II installation. 5. Division 1 Section "Contract Closeout" for coordinating contract closeout. 1.3 COORDINATION A. Coordinate construction operations included in various Sections of these Specifications to assure efficient and orderly installation of each part of the Work. Coordinate construction operations included under different Sections that fidepend on each other for proper installation, connection, and operation. 1. Schedule construction operations in the sequence required to obtain the best results where installation of one part of the Work depends on installation of other components, before or after its own installation. 8 COORDINATION 01040 - 1 1 2. Coordinate installation of different components to assure maximum accessibility for required maintenance, service, and repair. 3. Make provisions to accommodate items scheduled for later installation. , B. Where necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and attendance at meetings. 1. Prepare similar memoranda for the Owner and separate contractors where coordination of their work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities to avoid conflicts and assure orderly progress of the Work. Such administrative activities include, but are not limited to, the following: 1 i 1. Preparation of schedules. 2. Installation and removal of temporary facilities. 3. Delivery and processing of submittals. 4. Progress meetings. 5. Project closeout activities. 1.4 SUBMITTALS A. Staff Names: Within 15 days of commencement of construction operations, submit a list of the Contractor's principal staff assignments, including the superintendent and other personnel in attendance at the Project Site. Identify individuals and their duties and responsibilities. List their addresses and telephone numbers. 1. Post copies of the list in the Project meeting room, the temporary field office, and each temporary telephone. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 GENERAL COORDINATION PROVISIONS A. Inspection of Conditions: Require the Installer of each major component to inspect both the substrate and conditions under which Work is to be performed. , Do not proceed until unsatisfactory conditions have been corrected in an acceptable manner. B. Coordinate temporary enclosures with required inspections and tests to , minimize the necessity of uncovering completed construction for that purpose. 1 COORDINATION 01040 - 2 L I 3.2 CLEANING AND PROTECTION A. Clean and protect construction in progress and adjoining materials in place, during handling and installation. Apply protective covering where required to assure protection from damage or deterioration at Substantial Completion. B. Clean and provide maintenance on completed construction as frequently as ' necessary through the remainder of the construction period. Adjust and lubricate operable components to assure operability without damaging effects. C. Limiting Exposures: Supervise construction operations to assure that no part of the construction, completed or in progress, is subject to harmful, dangerous, damaging, or otherwise deleterious exposure during the construction period. ' Where applicable, such exposures include, but are not limited to, the following: 1. Excessive static or dynamic loading. 2. Excessive internal or external pressures. 3. Excessively high or low temperatures. 4. Excessively high or low humidity. 5. Water or ice. 6. Solvents. 7. Chemicals. 8. Light. 9. Abrasion. 10. Heavy traffic. 11. Soiling, staining, and corrosion. 12. Rodent and insect infestation. 13. Combustion. 14. Electrical current. 15. Improper lubrication. 16. Unusual wear or other misuse. 17. Contact between incompatible materials. II18. Misalignment. 19. Excessive weathering. 20. Unprotected storage. 21. Improper shipping or handling. 22. Theft. 23. Vandalism. END OF SECTION 01040 a I COORDINATION 01040-3 I SECTION 01050 - FIELD ENGINEERING PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. General: This Section specifies administrative and procedural requirements for field -engineering services including, but not limited to, the following: 1. Land survey work. 2. Civil -engineering services. 3. Geotechnical monitoring. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating field engineering with other construction activities. 2. Division 1 Section "Submittals" for submitting Project record surveys. • 3. Division 1 Section "Project Closeout" for submitting final property survey with Project Record Documents and recording of Owner -accepted deviations from indicated lines and levels. 1.3 SUBMITTALS A. Project Record Documents: Submit a record of Work performed and record survey data as required under provisions of "Submittals" and "Project Closeout" Sections. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 EXAMINATION A. Identification: The Owner will identify existing control points and property line 8 FIELD ENGINEERING 01050 - 1 corner stakes. , B. Verify layout information shown on the Drawings, in relation to the property 1 survey and existing benchmarks, before proceeding to lay out the Work. Locate and protect existing benchmarks and control points. Preserve ' permanent reference points during construction. 1. Do not change or relocate benchmarks or control points without prior written approval. Promptly report lost or destroyed reference points or , requirements to relocate reference points because of necessary changes in grades or locations. 2. Promptly replace lost or destroyed Project control points. Base ' replacements on the original survey control points. C. Establish and maintain a minimum of 2 permanent benchmarks on the site, referenced to data established by survey control points. 1. Record benchmark locations, with horizontal and vertical data, on Project Record Documents. D. Existing Utilities and Equipment: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning sitework, investigate and verify the existence and location of underground utilities and other construction. 1 1. Prior to construction, verify the location and invert elevation at points of connection of sanitary sewer, storm sewer, and water -service piping. ' 3.2 PERFORMANCE I A. Work from lines and levels established by the property survey. Calculate and measure required dimensions within indicated or recognized tolerances. Do not scale Drawings to determine dimensions. 1. Advise entities engaged in construction activities of marked lines and levels provided for their use. 2. As construction proceeds, check every major element for line, level, and plumb. ' B. Surveyor's Log: Maintain a surveyor's log of control and other survey work. Make this log available for reference. , 1. Record deviations from required lines and levels, and advise the Engineer when deviations that exceed indicated or recognized tolerances are detected. On Project Record Drawings, record deviations that are accepted and not corrected. C. Site Improvements: Locate and lay out site improvements, including , pavements, stakes for grading, fill and topsoil placement, utility slopes, and 1 FIELD ENGINEERING 01050 - 2 invert elevations. D. Existing Utilities: Furnish information necessary to adjust, move, or relocate existing structures, utility poles, lines, services, or other appurtenances located in or affected by construction. Coordinate with local authorities having jurisdiction. END OF SECTION 01050 FIELD ENGINEERING 01050 - 3 SECTION 01095 - REFERENCE STANDARDS AND DEFINITIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 DEFINITIONS A. General: Basic Contract definitions are included in the Conditions of the Contract. B. Indicated: The term indicated refers to graphic representations, notes, or schedules on the Drawings, or other Paragraphs or Schedules in the Specifications, and similar requirements in the Contract Documents. Terms such as shown, noted, scheduled, and specified are used to help the reader locate the reference. There is no limitation on location. C. Directed: Terms such as directed, requested, authorized, selected, approved, required, and permitted mean directed by the Engineer, requested by the Engineer, and similar phrases. D. Approved: The term approved, when used in conjunction with the Engineer's action on the Contractor's submittals, applications, and requests, is limited to the Engineer's duties and responsibilities as stated in the Conditions of the Contract. E. Regulations: The term regulations includes laws, ordinances, statutes, and lawful orders issued by authorities having jurisdiction, as well as rules, conventions, and agreements within the construction industry that control performance of the Work. IIF. Furnish: The term furnish means supply and deliver to the Project site, ready for unloading, unpacking, assembly, installation, and similar operations. IIG. Install: The term install describes operations at the Project site including the actual unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar fioperations. H. Provide: The term provide means to furnish and install, complete and ready for 8 the intended use. IIREFERENCE STANDARDS AND DEFINITIONS 01095 - 1 9 Installer: An Installer is the Contractor or another entity engaged by the Contractor, either as an employee, subcontractor, or contractor of lower tier, to perform a particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. 1. The term experienced, when used with the term Installer, means having a minimum of five previous projects similar in size and scope to this Project, being familiar with the special requirements indicated, and having complied with requirements of the authority having jurisdiction. 2. Trades: Using terms such as carpentry is not intended to imply that certain construction activities must be performed by accredited or unionized individuals of a corresponding generic name, such as carpenter. It also does not imply that requirements specified apply exclusively to tradespersons of the corresponding generic name. J. Project site is the space available to the Contractor for performing construction activities either exclusively or in conjunction with others performing other work as part of the Project. The extent of the Project site is shown on the Drawings and may or may not be identical with the description of the land on which the Project is to be built. K. Testing Agencies: A testing agency is an independent entity engaged to perform specific inspections or tests, either at the Project site or elsewhere, and to report on and, if required, to interpret results of those inspections or tests. 1.3 SPECIFICATION FORMAT AND CONTENT EXPLANATION A. Specification Format: These Specifications are organized into Divisions and Sections based on the Construction Specifications Institute's 16 -Division format and MASTERFORMAT numbering system. B. Specification Content: This Specification uses certain conventions regarding the style of language and the intended meaning of certain terms, words, and phrases when used in particular situations or circumstances. These conventions are explained as follows: 1. Abbreviated Language: Language used in Specifications and other Contract Documents is abbreviated. Words and meanings shall be interpreted as appropriate. Words that are implied, but not stated, shall be interpolated as the sense requires. Singular words will be interpreted as plural and plural words interpreted as singular where applicable as the context of the Contract Documents indicates. 2. Imperative and streamlined language is used generally in the Specifications. Requirements expressed in the imperative mood are to be performed by the Contractor. At certain locations in the Text, subjective language is used for clarity to describe responsibilities that must be fulfilled indirectly by the Contractor, or by others when so noted. I I I I I I I I I I I C Ii El REFERENCE STANDARDS AND DEFINITIONS 01095 - 2 1 I I I El I I I I I 1 I I I C 1 1 1 a. The words "shall be" are implied wherever a colon (:) is used within a sentence or phrase. 1.4 INDUSTRY STANDARDS A. Applicability of Standards: Except where the Contract Documents include more stringent requirements, applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents to the extent referenced. Such standards are made a part of the Contract Documents by reference. B. Publication Dates: Comply with the standards in effect as of the date of the Contract Documents. C. Conflicting Requirements: Where compliance with two or more standards is specified and where the standards may establish different or conflicting requirements for minimum quantities or quality levels, refer requirements that are different but apparently equal and other uncertainties to the Engineer for a decision before proceeding. Minimum Quantity or Quality Levels: The quantity or quality level shown or specified shall be the minimum provided or performed. The actual installation may comply exactly with the minimum quantity or quality specified, or it may exceed the minimum within reasonable limits. To comply with these requirements, indicated numeric values are minimum or maximum, as appropriate, for the context of the requirements. Refer uncertainties to the Engineer for a decision before proceeding. D. Copies of Standards: Each entity engaged in construction on the Project is required to be familiar with industry standards applicable to its construction activity. Copies of applicable standards are not bound with the Contract Documents. 1. Where copies of standards are needed to perform a required construction activity, the Contractor shall obtain copies directly from the publication source. E. Abbreviations and Names: Trade association names and titles of general standards are frequently abbreviated. Where such acronyms or abbreviations are used in the Specifications or other Contract Documents, they mean the recognized name of the trade association, standards -generating organization, authority having jurisdiction, or other entity applicable to the context of the Text provision. Refer to the "Encyclopedia of Associations," published by Gale Research Co., available in most libraries. 1.5 SUBMITTALS A. Permits, Licenses, and Certificates: For the Owner's records, submit copies of REFERENCE STANDARDS AND DEFINITIONS 01095 - 3 permits, licenses, certifications, inspection reports, releases, jurisdictional settlements, notices, receipts for fee payments, judgments, and similar documents, correspondence, and records established in conjunction with compliance with standards and regulations bearing upon performance of the Work. 1 PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01095 I 1 1 REFERENCE STANDARDS AND DEFINITIONS 01095 - 4 ' i I SECTION 01200 - PROJECT MEETINGS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for project meetings, including, but not limited to, the following: 1. Preconstruction conferences. 2. Progress meetings. 3. Coordination meetings. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Coordination" for procedures for coordinating project meetings with other construction activities. 2. Division 1 Section "Submittals" for submitting the Contractor's Construction Schedule. 1.3 PRECONSTRUCTION CONFERENCE A. The Engineer will schedule a preconstruction conference before construction starts, at a time convenient to the Owner and the Contractor, but no later than 15 days after execution of the Agreement. The conference will be at the Project Site or another convenient location. The meeting will be conducted to review responsibilities and personnel assignments. B. Attendees: Authorized representatives of the Owner, Engineer, and their consultants; the Contractor and its superintendent; major subcontractors; manufacturers; suppliers; and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the Work. C. Agenda: Discuss items of significance that could affect progress, including the following: 1. Tentative construction schedule. II PROJECT MEETINGS 01200- 1 2. Critical work sequencing. , 3. Designation of responsible personnel. 4. Procedures for processing field decisions and Change Orders. 5. Procedures for processing Applications for Payment. 6. Distribution of Contract Documents. 7. Submittal of Shop Drawings, Product Data, and Samples. 8. Preparation of record documents. 9. Use of the premises. 10. Office, work, and storage areas. I 11. Equipment deliveries and priorities. 12. Security. 13. Housekeeping. 14. Working hours. 1.4 PROGRESS MEETINGS ' A. Conduct progress meetings at the Project Site at regular intervals. Notify the Owner and the Engineer of scheduled meeting dates. Coordinate dates of meetings with preparation of the payment request. B. Attendees: In addition to representatives of the Owner and the Engineer, each ' subcontractor, supplier, or other entity concerned with current progress or involved in planning, coordination, or performance of future activities shall be represented at these meetings. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating, to the Work. C. Agenda: Review items of significance that could affect progress. Include topics for discussion as appropriate to the status of the Project. 1. Contractor's Construction Schedule: Review progress since the last meeting. Determine where each activity is in relation to the Contractor's ' Construction Schedule, whether on time or ahead or behind schedule. Determine how construction behind schedule will be expedited; secure commitments from parties involved to do so. Discuss whether schedule revisions are required to insure that current and subsequent activities will be completed within the Contract Time. 2. Review the present and future needs of each entity present, including the following: a. Interface requirements. b. Time. ' c. Sequences. d. Status of submittals. e. Deliveries. f. Off -site fabrication problems. g. Access. h. Site utilization. 1 i. Temporary facilities and services. i PROJECT MEETINGS 01200-2 1 j. Hours of work. k. Housekeeping. I. Quality and work standards. m. Change Orders. n. Documentation of information for payment requests. D. Reporting: No later than 3 days after each meeting, distribute minutes of the meeting to each party present and to parties who should have been present. Include a brief summary, in narrative form, of progress since the previous meeting and report. 1. Schedule Updating: Revise the Contractor's Construction Schedule after each progress meeting where revisions to the schedule have been made or recognized. Issue the revised schedule concurrently with the report of each meeting. 1.5 COORDINATION MEETINGS A. Conduct project coordination meetings at regular intervals convenient for all • parties involved. Project coordination meetings are in addition to specific • meetings held for other purposes, such as regular progress meetings and special preinstallation meetings. B. Request representation at each meeting by every party currently involved in coordination or planning for the construction activities involved. 11 C. Record meeting results and distribute copies to everyone in attendance and to others affected by decisions or actions resulting from each meeting. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION (Not Applicable) END OF SECTION 01200 1 I I PROJECT MEETINGS 01200-3 I SECTION 01300 - SUBMITTALS PART 1 - GENERAL 1 1.1 RELATED DOCUMENTS ' A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. ' 1.2 SUMMARY A. This Section includes administrative and procedural requirements for submittals required for performance of the Work, including the following: 1. Contractor's construction schedule. '• 2. Submittal schedule. 3. Shop Drawings. 4. Product Data. 1 5. Samples. B. Administrative Submittals: Refer to other Division 1 Sections and other Contract Documents for requirements for administrative submittals. Such submittals include, but are not limited to, the following: Ii. Permits. 2. Applications for Payment. 3. Performance and payment bonds. 4. Insurance certificates. 1 5. List of subcontractors. C. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Applications for Payment" specifies requirements for • submittal of the Schedule of Values. 2. Division 1 Section "Project Meetings" specifies requirements for submittal 1 and distribution of meeting and conference minutes. 3. Division 1 Section "Quality Control" specifies requirements for submittal of inspection and test reports. 4. Division 1 Section "Contract Closeout" specifies requirements for submittal ' of Project Record Documents and warranties at project closeout. ' 1.3 DEFINITIONS I SUBMITTALS 01300-1 I A. Field samples are full-size physical examples erected on -site to illustrate finishes, coatings, or finish materials. Field samples are used to establish the standard by which the Work will be judged. I 1.4 SUBMITTAL PROCEDURES ' A. Coordination: Coordinate preparation and processing of submittals with performance of construction activities. Transmit each submittal sufficiently in advance of performance of related construction activities to avoid delay. 1. Coordinate each submittal with fabrication, purchasing, testing, delivery, other submittals, and related activities that require sequential activity. 2. Coordinate transmittal of different types of submittals for related elements of the Work so processing will not be delayed by the need to review submittals concurrently for coordination. a. The Engineer reserves the right to withhold action on a submittal requiring coordination with other submittals until all related submittals are received. 3. Processing: To avoid the need to delay installation as a result of the time t required to process submittals, allow sufficient time for submittal review, including time for resubmittals. a. Allow 2 weeks for initial review. Allow additional time if the Engineer must delay processing to permit coordination with subsequent submittals. b. If an intermediate submittal is necessary, process the same as the initial submittal. c. Allow 2 weeks for reprocessing each submittal. d. No extension of Contract Time will be authorized because of failure to transmit submittals to the Engineer sufficiently in advance of the Work to permit processing. B. Submittal Preparation: Place a permanent label or title block on each submittal for identification. Indicate the name of the entity that prepared each submittal on the label or title block. 1. Provide a space approximately 4 by 5 inches (100 by 125 mm) on the label or beside the title block on Shop Drawings to record the Contractor's review and approval markings and the action taken. ' 2. Include the following information on the label for processing and recording action taken. a. Project name. b. Date. c. Name and address of the Engineer. d. Name and address of the Contractor. V I e. Name and address of the subcontractor. 1 SUBMITTALS 01300-2 f. Name and address of the supplier. g. Name of the manufacturer. h. Number and title of appropriate Specification Section. i. Drawing number and detail references, as appropriate. ' C. Submittal Transmittal: Package each submittal appropriately for transmittal and handling. Transmit each submittal from the Contractor to the Engineer using a transmittal form. The Engineer will not accept submittals received from sources 1 other than the Contractor. 1. On the transmittal, record relevant information and requests for data. On I the form, or separate sheet, record deviations from Contract Document requirements, including variations and limitations. Include Contractor's certification that information complies with Contract Document ' requirements. ' 1.5 CONTRACTOR'S CONSTRUCTION SCHEDULE A. Bar -Chart Schedule: Prepare a fully developed, horizontal bar -chart -type, contractor's construction schedule. Submit within 30 days after the date established for "Commencement of the Work." 1. Provide a separate time bar for each significant construction activity. • Provide a continuous vertical line to identify the first working day of each week. Use the same breakdown of units of the Work as indicated in the "Schedule of Values." 2. Within each time bar, indicate estimated completion percentage in 5 percent increments. As Work progresses, place a contrasting mark in each ' bar to indicate Actual Completion. 3. Prepare the schedule on a sheet, or series of sheets, of stable transparency, or other reproducible media, of sufficient width to show data for the entire construction period. 4. Secure time commitments for performing critical elements of the Work from parties involved. Coordinate each element on the schedule with other construction activities; include minor elements involved in the sequence of the Work. Show each activity in proper sequence. Indicate graphically the sequences necessary for completion of related portions of the Work. 5. Coordinate the Contractor's Construction Schedule with the Schedule of Values, list of subcontracts, Submittal Schedule, progress reports, payment requests, and other schedules. 6. Indicate completion in advance of the date established for Substantial Completion. Indicate Substantial Completion on the schedule to allow time for the Engineer's procedures necessary for certification of Substantial Completion. B. Work Stages: Indicate important stages of construction for each major portion ' of the Work, including submittal review, testing, and installation. C. Cost Correlation: At the head of the schedule, provide a cost correlation line, ' SUBMITTALS 01300-3 indicating planned and actual costs. On the line, show dollar volume of Work performed as of the dates used for preparation of payment requests. 1. Refer to Division 1 Section "Applications for Payment" for cost reporting t and payment procedures. D. Distribution: Following response to the initial submittal, print and distribute I copies to the Engineer, Owner, subcontractors, and other parties required to comply with scheduled dates. Post copies in the Project meeting room and temporary field office. 1. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are -no longer involved in construction activities. i E. Schedule Updating: Revise the schedule after each meeting, event, or activity where revisions have been recognized or made. Issue the updated schedule concurrently with the report of each meeting. 1.6 SUBMITTAL SCHEDULE I A. After development and acceptance of the Contractor's Construction Schedule, prepare a complete schedule of submittals. Submit the schedule within 10 days of the date required for submittal of the Contractor's Construction Schedule. 1. Coordinate Submittal Schedule with the list of subcontracts, Schedule of , Values, and the list of products as well as the Contractor's Construction Schedule. 2. Prepare the schedule in chronological order. Provide the following information: a. Scheduled date for the first submittal. I b. Related Section number. c. Submittal category (Shop Drawings, Product Data, or Samples). d. Name of the subcontractor. e. Description of the part of the Work covered. f. Scheduled date for resubmittal. ' g. Scheduled date for the Engineer's final release or approval. B. Distribution: Following response to the initial submittal, print and distribute copies to the Engineer, Owner, subcontractors, and other parties required to comply with submittal dates indicated. Post copies in the Project meeting room and field office. When revisions are made, distribute to the same parties and post in the same locations. Delete parties from distribution when they have completed their assigned portion of the Work and are no longer involved in construction activities. I I I SUBMITTALS 01300-4 C. Schedule Updating: Revise the schedule after each meeting or activity where revisions have been recognized or made. Issue the updated schedule tconcurrently with the report of each meeting. 1.7 SHOP DRAWINGS A. Submit newly prepared information drawn accurately to scale. Highlight, encircle, or otherwise indicate deviations from the Contract Documents. Do not reproduce Contract Documents or copy standard information as the basis of Shop Drawings. Standard information prepared without specific reference to the Project is not a Shop Drawing. B. Shop Drawings include fabrication and installation Drawings, setting diagrams, ' schedules, patterns, templates and similar Drawings. Include the following information: 1 1. Dimensions. 2. Identification of products and materials included by sheet and detail number. 3. Compliance with specified standards. 4. Notation of coordination requirements. 5. Notation of dimensions established by field measurement. 6. Sheet Size: Except for templates, patterns and similar full-size Drawings, submit Shop Drawings on sheets at least 8-1/2 by 11 inches (215 by 280 mm) but no larger than 36 by 48 inches (890 by 1220 mm). 1 7. Final Submittal: Submit 3 blue- or black -line prints and 2 additional prints where required for maintenance manuals, plus the number of prints needed by the Contractor for distribution. Increase the number of prints for Shop Drawing submittals by one for all mechanical and electrical submittals. The Engineer will retain 3 prints and return the remainder. 1 a. One of the prints returned shall be marked up and maintained as a "Record Document." 8. Do not use Shop Drawings without an appropriate final stamp indicating action taken. 1 1.8 PRODUCT DATA I I A. Collect Product Data into a single submittal for each element of construction or system. Product Data includes printed information, such as manufacturer's installation instructions, catalog cuts, standard color charts, roughing -in diagrams and templates, standard wiring diagrams, and performance curves. 1. Mark each copy to show applicable choices and options. Where printed Product Data includes information on several products that are not required, mark copies to indicate the applicable information. Include the following information: SUBMITTALS 01300- 5 I a. Manufacturer's printed recommendations. b. Compliance with trade association standards. c. Compliance with recognized testing agency standards. d. Application of testing agency labels and seals. e. Notation of dimensions verified by field measurement. f. Notation of coordination requirements. I 2. Do not submit Product Data until compliance with requirements of the Contract Documents has been confirmed. 3. Submittals: Submit 3 copies of each required submittal; submit 5'copies where required for maintenance manuals, plus the number required by the Contractor. The Engineer will retain 3 and will return the others marked with action taken and corrections or modifications required. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. 4. Distribution: Furnish copies of final submittal to installers, subcontractors, suppliers, manufacturers, fabricators, and others required for performance of construction activities. Show distribution on transmittal forms. a. Do not proceed with installation until a copy of Product Data is in the Installer's possession. b. Do not permit use of unmarked copies of Product Data in connection with construction. 1.9 SAMPLES I A. Submit full-size, fully fabricated Samples cured and finished as specified and physically identical with the material or product proposed. Samples include partial sections of manufactured or fabricated components, cuts or containers of materials, color range sets, and swatches showing color, texture, and pattern. 1. Mount or display Samples in the manner to facilitate review of qualities indicated. Prepare Samples to match the Engineer's sample. Include the following: a. Specification Section number and reference. b. Generic description of the Sample. c. Sample source. d. Product name or name of the manufacturer. e. Compliance with recognized standards. f. Availability and delivery time. 2. Submit Samples for review of size, kind, color, pattern, and texture. Submit Samples for a final check of these characteristics with other elements and a comparison of these characteristics between the final submittal and the ' actual component as delivered and installed. SUBMITTALS 01300-6 I a. Where variation in color, pattern, texture, or other characteristic is inherent in the material or product represented, submit at least 3 1 multiple units that show approximate limits of the variations. 3. Submittals: Except for Samples illustrating assembly details, workmanship, ' fabrication techniques, connections, operation, and similar characteristics, submit 1 set. I 4. Maintain Samples, as returned, at the Project Site, for quality comparisons throughout the course of construction. a. Unless noncompliance with Contract Document provisions is observed, the submittal may serve as the final submittal. b. Sample sets may be used to obtain final acceptance of the 1 construction associated with each set. B. Distribution of Samples: Prepare and distribute additional sets to subcontractors. I manufacturers, fabricators, suppliers, installers, and others as required for performance of the Work. Show distribution on transmittal forms. I1. Field samples are full-size examples erected on -site to illustrate finishes, coatings, or finish materials and to establish the Project standard. a. Comply with submittal requirements to the fullest extent possible. Process transmittal forms to provide a record of activity. 1 1.10 ENGINEER'S ACTION A. Except for submittals for record, information or similar purposes, where action and return is required or requested, the Engineer will review each submittal, mark to indicate action taken, and return promptly. 1. Compliance with specified characteristics is the Contractor's responsibility. B. Action Stamp: The Engineer will stamp each submittal with a uniform, self-explanatory action stamp. The stamp will be appropriately marked, as follows, to indicate the action taken: 1. Final Unrestricted Release: Where submittals are marked No Exceptions Taken," that part of the Work covered by the submittal may proceed provided it complies with requirements of the Contract Documents; final acceptance will depend upon that compliance. 2. Final -But -Restricted Release: When submittals are marked "Make Corrections Noted," that part of the Work covered by the submittal may proceed provided it complies with notations or corrections on the submittal and requirements of the Contract Documents; final acceptance will depend on that compliance. 3. Returned for Resubmittal: When submittal is marked "Amend and Resubmit," do not proceed with that part of the Work covered by the SUBMITTALS 01300-7 submittal, including purchasing, fabrication, delivery, or other activity. Revise or prepare a new submittal in accordance with the notations; resubmit without delay. Repeat if necessary to obtain a different action mark. 4. Rejected: When submittal is marked "Rejected - See Remarks; do not proceed with that part of the Work covered by the submittal. Prepare a new submittal in accordance with the remarks with a different product manufacturer. a. Do not permit submittals marked "Amend and Resubmit" to be used ■ at the Project site, or elsewhere where Work is in progress. �j C. Unsolicited Submittals: The Engineer will return unsolicited submittals to the ■ sender without action. I PART 2 - PRODUCTS (Not Applicable) I PART 3 - EXECUTION (Not Applicable) END OF SECTION 01300 I SUBMITTALS I 1 I I I 01300- 8 I SECTION 01400 - QUALITY CONTROL SERVICES PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification Sections, apply to ithis Section. 1.2 SUMMARY A. This Section specifies administrative and procedural requirements for quality control services. B. Quality control services include inspections and tests and related actions including reports, performed by independent agencies, governing authorities, and the Contractor. They do not include Contract enforcement activities performed by the Engineer. C. Inspection and testing services are required to verify compliance with requirements specified or indicated. These services do not relieve the ■ Contractor of responsibility for compliance with Contract Document requirements. D. Requirements of this Section relate to customized fabrication and installation procedures, not production of standard products. •' 1. Specific quality control requirements for individual construction activities are specified in the Sections that specify those activities. Those requirements, including inspections and tests, cover production of standard products as well as customized fabrication and installation procedures. 2. Inspections, test and related actions specified are not intended to limit the Contractor's quality control procedures that facilitate compliance with Contract Document requirements. 3. Requirements for the Contractor to provide quality control services ' required by the Engineer, Owner, or authorities having jurisdiction are not limited by provisions of this Section. 1.3 RESPONSIBILITIES A. Contractor Responsibilities: The Contractor shall provide inspections, tests and similar quality control services, specified in individual Specification Sections and required by governing authorities. except where they are specifically indicated 1 QUALITY CONTROL SERVICES 01400 - 1 to be the Owner's responsibility, or are provided by another identified entity; these services include those specified to be performed by an independent agency and not by the Contractor. Costs for these services shall be included I in the Contract Sum. 1. The Contractor shall employ and pay an independent agency, to perform specified quality control services. 2. The Owner will engage and pay for the services of an independent agency to perform inspections and tests specified as the Owner's responsibility. a. Where the Owner has engaged a testing agency or other entity for testing and inspection of a part of the Work, and the Contractor is also required to engage an entity for the same or related element, the Contractor shall not employ the entity engaged by the Owner, unless otherwise agreed in writing with the Owner. 3. Retesting: The Contractor is responsible for retesting where results of required inspections, tests or similar services prove unsatisfactory and do not indicate compliance with Contract Document requirements, regardless of whether the original test was the Contractor's responsibility. i a. Cost of retesting construction revised or replaced by the Contractor is the Contractor's responsibility, where required tests were performed on original construction. 4. Associated Services: The Contractor shall cooperate with agencies performing required inspections, tests and similar services and provide reasonable auxiliary services as requested. Notify the agency sufficiently in advance of operations to permit assignment of personnel. Auxiliary , services required include but are not limited to: a. Providing access to the Work and furnishing incidental labor and facilities necessary to facilitate inspections and tests. b. Taking adequate quantities of representative samples of materials that require testing or assisting the agency in taking samples. c. Providing facilities for storage and curing of test samples, and delivery of samples to testing laboratories. d. Providing the agency with a preliminary design mix proposed for use for materials mixes that require control by the testing agency. e. Security and protection of samples and test equipment at the Project site. B. Owner Responsibilities: The Owner will provide inspections, tests and similar quality control services specified to be performed by independent agencies and not by the Contractor, except where they are specifically indicated as the Contractor's responsibility or are provided by another identified entity. Costs for these services are not included in the Contract Sum. 1. The Owner will employ and pay for the services of an independent QUALITY CONTROL SERVICES 01400 - 2 , I agency, testing laboratory or other qualified firm to perform services which are the Owner's responsibility. C. Duties of the Testing Agency: The independent testing agency engaged to perform inspections, sampling and testing of materials and construction ' specified in individual Specification Sections shall cooperate with the Engineer and Contractor in performance of its duties, and shall provide qualified personnel to perform required inspections and tests. I1. The agency shall notify the Engineer and Contractor promptly of irregularities or deficiencies observed in the Work during performance of I its services. 2. The agency is not authorized to release, revoke, alter or enlarge requirements of the Contract Documents, or approve or accept any portion of the Work. 3. The agency shall not perform any duties of the Contractor. ID. Coordination: The Contractor and each agency engaged to perform inspections, tests and similar services shall coordinate the sequence of activities to accommodate required services with a minimum of delay. In addition the Contractor and each agency shall coordinate activities to avoid the necessity of removing and replacing construction to accommodate inspections and tests. 1. The Contractor is responsible for scheduling times for inspections, tests, taking samples and similar activities. 1 1.4 SUBMITTALS A. The independent testing agency shall submit a certified written report of each inspection, test or similar service, to the Engineer, in duplicate, unless the ' Contractor is responsible for the service. If the Contractor is responsible for the service, submit a certified written report of each inspection, test or similar service through the Contractor, in duplicate. ' 1. Submit additional copies of each written report directly to the governing authority, when the authority so directs. 2. Report Data: Written reports of each inspection, test or similar service shall include, but not be limited to: a. Date of issue. b. Project title and number. c. Name, address and telephone number of testing agency. ' d. Dates and locations of samples and tests or inspections. e. Names of individuals making the inspection or test. f. Designation of the Work and test method. g. Identification of product and Specification Section. h. Complete inspection or test data. i. Test results and an interpretations of test results. IQUALITY CONTROL SERVICES 01400-3 j. Ambient conditions at the time of sample -taking and testing. ' k. Comments or professional opinion as to whether inspected or tested Work complies with Contract Document requirements. I I. Name and signature of laboratory inspector. m. Recommendations on retesting. I 1.5 QUALITY ASSURANCE A. Qualification for Service Agencies: Engage inspection and testing service agencies, including independent testing laboratories, which are prequalified as complying with "Recommended Requirements for Independent Laboratory ■ Qualification" by the American Council of Independent Laboratories, and which specialize in the types of inspections and tests to be performed. 1. Each independent inspection and testing agency engaged on the Project shall be authorized by authorities having jurisdiction to operate in the State in which the Project is located. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 REPAIR AND PROTECTION A. General: Upon completion of inspection, testing, sample -taking and similar services, repair damaged construction and restore substrates and finishes to eliminate deficiencies, including deficiencies in visual qualities of exposed finishes. Comply with Contract Document requirements for "Cutting and Patching." , B. Protect construction exposed by or for quality control service activities, and protect repaired construction. C. Repair and protection is the Contractor's responsibility, regardless of the assignment of responsibility for inspection, testing or similar services. END OF SECTION 01400 I Li QUALITY CONTROL SERVICES F' 01400-4 1 SECTION 01500 - CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 1 PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to 1 this Section. 1.2 SUMMARY A. This Section includes requirements for construction facilities and temporary ' controls, including temporary utilities, support facilities, and security and protection. B. Temporary utilities include, but are not limited to, the following: 1. Water service and distribution. 2. Temporary electric power and light. 3. Temporary heat. 4. Ventilation. 5. Telephone service. 6. Sanitary facilities, including drinking water. C. Support facilities include, but are not limited to, the following: 1. Field offices and storage sheds. ' 2. Temporary roads and paving. 3. Dewatering facilities and drains. 4. Temporary enclosures. 1• 5. Waste disposal services. 6. Rodent and pest control. 7. Construction aids and miscellaneous services and facilities. ' D. Security and protection facilities include, but are not limited to, the following: 1. Barricades, warning signs, and lights. 2. Enclosure fence for the site. 3. Environmental protection. 1.3 QUALITY ASSURANCE A. Regulations: Comply with industry standards and applicable laws and regulations of authorities having jurisdiction including, but not limited to, the Ii CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 1 following: 1. Building code requirements. 2. Health and safety regulations. 3. Utility company regulations. 4. Police, fire department, and rescue squad rules. 5. Environmental protection regulations. B. Standards: Comply with NFPA 241 "Standard for Safeguarding Construction, Alterations, and Demolition Operations," ANSI A10 Series standards for "Safety Requirements for Construction and Demolition," and NECA Electrical Design Library "Temporary Electrical Facilities." , C. Inspections: Arrange for authorities having jurisdiction to inspect and test each temporary utility before use. Obtain required certifications and permits." 1.4 PROJECT CONDITIONS A. Temporary Utilities: At the earliest feasible time, when acceptable to the Owner, change over from use of temporary service to use of permanent service. I B. Conditions of Use: Keep temporary services and facilities clean and neat in appearance. Operate in a safe and efficient manner. Relocate temporary services and facilities as the Work progresses. Do not overload facilities or permit them to interfere with progress. Take necessary fire -prevention measures. Do not allow hazardous, dangerous, or unsanitary conditions, or public nuisances to develop or persist on -site. PART 2 - PRODUCTS 1 2.1 MATERIALS I A. General: Provide new materials. If acceptable to the Engineer, the Contractor may use undamaged, previously used materials in serviceable condition. Provide materials suitable for use intended. B. Lumber and Plywood: I 1. For job -built temporary offices, shops, and sheds within the construction area, provide UL -labeled, fire -treated lumber and plywood for framing, sheathing, and siding. 2. For signs and directory boards, provide exterior -type, Grade B -B high - density concrete form overlay plywood of sizes and thicknesses indicated. 3. For fences and vision barriers, provide minimum 3/8 -inch- (9.5 -mm-) thick exterior plywood. 4. For safety barriers, sidewalk bridges, and similar uses, provide minimum 5/8 -inch- (16 -mm-) thick exterior plywood. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 2 C. Water: Provide potable water approved by local health authorities. 2.2 EQUIPMENT 1 A. General: Provide new equipment. If acceptable to the Engineer, the Contractor may use undamaged, previously used equipment in serviceable condition. Provide equipment suitable for use intended. B. Water Hoses: Provide 3/4 -inch (19 -mm), heavy-duty, abrasion -resistant, flexible rubber hoses 100 feet (30 m) long, with pressure rating greater than the ' maximum pressure of the water distribution system. Provide adjustable shutoff nozzles at hose discharge. IC. Electrical Outlets: Provide properly configured, NEMA-polarized outlets to prevent insertion of 110- to 120 -Volt plugs into higher voltage outlets. Provide receptacle outlets equipped with ground -fault circuit interrupters, reset button, iand pilot light for connection of power tools and equipment. D. Electrical Power Cords: Provide grounded extension cords. Use hard -service cords where exposed to abrasion and traffic. Provide waterproof connectors to connect separate lengths of electric cords if single lengths will not reach areas where construction activities are in progress. Do not exceed safe length -voltage ' ratio. E. Lamps and Light Fixtures: Provide general service incandescent lamps of ' wattage required for adequate illumination. Provide guard cages or tempered - glass enclosures where exposed to breakage. Provide exterior fixtures where exposed to moisture. F. Heating Units: Provide temporary heating units that have been tested and labeled by UL, FM, or another recognized trade association related to the type ' of fuel being consumed. G. Temporary Offices: NOT REQUIRED THIS PROJECT. H. Temporary Toilet Units: Provide self-contained, single -occupant toilet units of the chemical, aerated recirculation, or combustion type. Provide units properly vented and fully enclosed with a glass -fiber -reinforced polyester shell or similar nonabsorbent material. I. Fire Extinguishers: Provide hand -carried, portable, UL -rated, Class A fire extinguishers for temporary offices and similar spaces. In other locations, provide hand -carried, portable, UL -rated, Class ABC, dry -chemical extinguishers or a combination of extinguishers of NFPA-recommended classes for the exposures. 1. Comply with NFPA 10 and NFPA 241 for classification, extinguishing agent, 'and size required by location and class of fire exposure. ' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 3 I PART 3 - EXECUTION 3.1 INSTALLATION A. Use qualified personnel for installation of temporary facilities. Locate facilities ' where they will serve the Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and I modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. ' 3.2 TEMPORARY UTILITY INSTALLATION A. General: Engage the appropriate local utility company to install temporary service or connect to existing service. Where company provides only part of the service, provide the remainder with matching, compatible materials and equipment. Comply with company recommendations. 1. Arrange with company and existing users for a time when service can be ' interrupted, if necessary, to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Prior to temporary utility availability, provide trucked -in services. 3. Obtain easements to bring temporary utilities to the site where the Owner's easements cannot be used for that purpose. 4. Use Charges: Cost or use charges for temporary facilities are not chargeable to the Owner or Engineer. Neither the Owner nor Engineer will accept cost or use charges as a basis of claims for Change Orders. B. Water Service: Install water service and distribution piping of sizes and pressures adequate for construction until permanent water service is in use. 1. Sterilization: Sterilize temporary water piping prior to use. C. Temporary Electric Power Service: Provide weatherproof, grounded electric ' power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload -protected disconnects, automatic ground -fault interrupters, and main distribution switch gear. 1. Install electric power service underground, except where overhead service must be used. 2. Power Distribution System: Install wiring overhead and rise vertically where least exposed to damage. Where permitted, wiring circuits not exceeding 125 Volts, ac 20 Ampere rating, and lighting circuits may be nonmetallic sheathed cable where overhead and exposed for surveillance. D. Temporary Lighting: When overhead floor or roof deck has been installed, CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 4 I provide temporary lighting with local switching. 1. Install and operate temporary lighting that will fulfill security and protection requirements without operating the entire system. Provide temporary lighting that will provide adequate illumination for construction operations and traffic conditions. E. Temporary Heat: Provide temporary heat required by construction activities for curing or drying of completed installations or for protection of installed construction from adverse effects of low temperatures or high humidity. Select safe equipment that will not have a harmful effect on completed installations or elements being installed. Coordinate ventilation requirements to produce the ambient condition required and minimize consumption of energy. F. Temporary Telephones: Provide temporary telephone service throughout the construction period for all personnel engaged in construction activities. Install telephone on a separate line for each temporary office and first -aid station. ' 1. At each telephone, post a list of important telephone numbers. G. Sanitary facilities include temporary toilets, wash facilities, and drinking -water fixtures. Comply with regulations and health codes for the type, number, location, operation, and maintenance of fixtures and facilities. Install where facilities will best serve the Project's needs. 1. Provide toilet tissue, paper towels, paper cups, and similar disposable ' materials for each facility. Provide covered waste containers for used material. • H. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. Use ' of pit -type privies will not be permitted. ' I. Drinking -Water Facilities: Provide potable, containerized drinking water with paper cups. 3.3 SUPPORT FACILITIES INSTALLATION ' A. Locate field offices, storage sheds, and other temporary construction and support facilities for easy access. t 1. Maintain support facilities until near Substantial Completion. Remove prior to Substantial Completion. Personnel remaining after Substantial ' Completion will be permitted to use permanent facilities, under conditions acceptable to the Owner. 1 B. Provide incombustible construction for offices, shops, and sheds located within the construction area or within 30 feet (9 m) of building lines. Comply with requirements of NFPA 241. ' CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 5 1 C. Field Offices: Provide insulated, weathertight temporary offices of sufficient size to accommodate required office personnel at the Project Site. Keep the office clean and orderly for use for small progress meetings. D. Storage and Fabrication Sheds: Install storage and fabrication sheds sized, furnished, and equipped to accommodate materials and equipment involved, 1 including temporary utility service. Sheds may be open shelters or fully enclosed spaces within the building or elsewhere on -site. E. Dewatering Facilities and Drains: For temporary drainage and dewatering 1 facilities and operations not directly associated with construction activities included under individual Sections, comply with dewatering requirements of applicable Division 2 Sections. Where feasible, utilize the same facilities. Maintain the site, excavations, and construction free of water. F. Temporary Enclosures: Provide temporary enclosures for protection of 1 construction, in progress and completed, from exposure, foul weather, other construction operations, and similar activities. 1 1. Where heat is needed and the permanent building enclosure is not complete, provide temporary enclosures where there is no other provision for containment of heat. Coordinate enclosure with ventilating and material drying or curing requirements to avoid dangerous conditions and effects. 2. Install tarpaulins securely, with incombustible wood framing and other materials. Close openings of 25 sq. ft. (2.3 sq. m) or less with plywood or similar materials. 3. Close openings through floor or roof decks and horizontal surfaces with load -bearing, wood -framed construction. G. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere daily. Comply with requirements of NFPA 241 for removal of combustible waste material and debris. Enforce requirements strictly. Do not hold materials more than 7 days during normal weather or 3 days when the temperature is expected to rise above 80 deg F (27 deg C). Handle hazardous, dangerous, or unsanitary waste materials separately from other waste by containerizing properly. Dispose of material lawfully. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Except for use of permanent fire protection as soon as available, do not change over from use of temporary security and protection facilities to permanent ' facilities until Substantial Completion, or longer, as requested by the Engineer. B. Temporary Fire Protection: Until fire -protection needs are supplied by permanent ' facilities, install and maintain temporary fire -protection facilities of the types needed to protect against reasonably predictable and controllable fire losses. Comply with NFPA 10 "Standard for Portable Fire Extinguishers" and NFPA 241 "Standard for Safeguarding Construction, Alterations, and Demolition Operations." 1 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 6 1 1. Locate fire extinguishers where convenient and effective for their intended 1 purpose, but not less than one extinguisher on each floor at or near each usable stairwell. 2. Store combustible materials in containers in fire -safe locations. ' 3. Maintain unobstructed access to fire extinguishers, fire hydrants, temporary fire -protection facilities, stairways, and other access routes for fighting fires. Prohibit smoking in hazardous fire -exposure areas. 4. Provide supervision of welding operations, combustion -type temporary 'heating units, and similar sources of fire ignition. C. Barricades, Warning Signs, and Lights: Comply with standards and code requirements for erection of structurally adequate barricades. Paint with appropriate colors, graphics, and warning signs to inform personnel and the public of the hazard being protected against. Where appropriate and needed, provide lighting, including flashing red or amber lights. D. Enclosure Fence: Before excavation begins, install an enclosure fence with lockable entrance gates. Locate where indicated, or enclose the entire site or the portion determined sufficient to accommodate construction operations. Install in a manner that will prevent people, dogs, and other animals from easily ' entering the site, except by the entrance gates. E. Security Enclosure and Lockup: Install substantial temporary enclosure of partially completed areas of construction. Provide locking entrances to prevent unauthorized entrance, vandalism, theft, and similar violations of security. 1. Storage: Where materials and equipment must be stored, and are of value or attractive for theft, provide a secure lockup. Enforce discipline in connection with the installation and release of material to minimize the opportunity for theft and vandalism. F. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations, and minimize the possibility that air, waterways, and subsoil might be contaminated or polluted or that other undesirable effects might result. Avoid use of tools and equipment that produce harmful noise. Restrict use of noise - making tools and equipment to hours that will minimize complaints from persons or firms near the site. 3.5 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. Limit availability of temporary facilities to essential and intended uses to minimize ' waste and abuse. B. Maintenance: Maintain facilities in good operating condition until removal. ' Protect from damage by freezing temperatures and similar elements. 1. Maintain operation of temporary enclosures, heating, cooling, humidity CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 - 7 control, ventilation, and similar facilities on a 24 -hour basis where required to achieve indicated results and to avoid possibility of damage. 2. Protection: Prevent water -filled piping from freezing. Maintain markers for underground lines. Protect from damage during excavation operations. C. Termination and Removal: Unless the Engineer requests that it be maintained longer, remove each temporary facility when the need has ended, when replaced by authorized use of a permanent facility, or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with the temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are the Contractor's property. The Owner reserves the right to take possession of project identification signs. 2. At Substantial Completion, clean and renovate permanent facilities used during the construction period including, but not limited to, the following: a. Replace significantly operating conditions. b. Replace lamps burned END OF SECTION 01500 worn parts and parts subject to unusual out or noticeably dimmed by hours of use. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS I J I I I I I i 1 01500-8 I I 1 I I SECTION 01600 - MATERIALS AND EQUIPMENT PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1 1.2 SUMMARY A. This Section includes administrative and procedural requirements governing the 1 Contractor's selection of products for use in the Project. I I I I 1. Multiple Prime Contracts: Provisions of this Section apply to the construction activities of each prime contractor. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Reference Standards and Definitions" specifies the applicability of industry standards to products specified. 2. Division 1 Section "Submittals" specifies requirements for submittal of the Contractor's Construction Schedule and the Submittal Schedule. 3. Division 1 Section "Substitutions" specifies administrative procedures for handling requests for substitutions made after award of the Contract. 1 1.3 DEFINITIONS 1 I 1 I I [i MATERIALS AND EQUIPMENT 01600 - 1 1 A. Definitions used in this Article are not intended to change the meaning of other terms used in the Contract Documents, such as "specialties," "systems," "structure." "finishes," "accessories," and similar terms. Such terms are self- explanatory and have well -recognized meanings in the construction industry. 1. "Products^ are items purchased for incorporation in the Work, whether purchased for the Project or taken from previously purchased stock. The term "product" includes the terms "material," "equipment," "system,' and terms of similar intent. a. "Named Products" are items identified by the manufacturer's product name, including make or model number or other designation, shown or listed in the manufacturer's published product literature, that is current as of the date of the Contract Documents. 2. "Materials" are products substantially shaped, cut, worked, mixed, finished, refined or otherwise fabricated, processed, or installed to form a part of the Work. 3. "Equipment" is a product with operational parts, whether motorized or manually operated, that requires service connections, such as wiring or piping. , 1.4 SUBMITTALS ' A. Product List: Prepare a list showing products specified in tabular form acceptable to the Engineer. Include generic names of products required. Include the manufacturer's name and proprietary product names for each item listed. 1. Coordinate product list with the Contractor's Construction Schedule and the , Schedule of Submittals. 2. Form: Prepare product list with information on each item tabulated under the following column headings: a. Related Specification Section number. b. Generic name used in Contract Documents. c. Proprietary name, model number, and similar designations. d. Manufacturer's name and address. e. Supplier's name and address. f. Installer's name and address. g. Projected delivery date or time span of delivery period. ' 3. Initial Submittal: Within 15 days after date of commencement of the Work, submit 3 copies of an initial product list. Provide a written explanation for , omissions of data and for known variations from Contract requirements. a. At the Contractor's option, the initial submittal may be limited to product selections and designations that must be established early in the Contract period. 4. Completed List: Within 30 days after date of commencement of the Work, , submit 3 copies of the completed product list. Provide a written explanation for omissions of data and for known variations from Contract requirements. 5. Engineer's Action: The Engineer will respond in writing to Contractor within 2 weeks of receipt of the completed product list. No response within this period constitutes no objection to listed manufacturers or products but does not constitute a waiver of the requirement that products comply with Contract Documents. The Engineer's response will include a list of unacceptable product selections, containing a brief explanation of reasons , for this action. 1 MATERIALS AND EQUIPMENT 01600 - 2 LI 1.5 QUALITY ASSURANCE I A. Source Limitations: To the fullest extent possible, provide products of the same kind from a single source. 1 B. Compatibility of Options: When the Contractor is given the option of selecting between 2 or more products for use on the Project, the product selected shall be compatible with products previously selected, even if previously selected products were also options. 1. Each prime contractor is responsible for providing products and construction methods that are compatible with products and construction methods of other prime or separate contractors. 2. If a dispute arises between prime contractors over concurrently selectable, ' but incompatible products, the Engineer will determine which products shall be retained and which are incompatible and must be replaced. ' C. Nameplates: Except for required labels and operating data, do not attach or imprint manufacturer's or producer's nameplates or trademarks on exposed surfaces of products that will be exposed to view in occupied spaces or on the exterior. 1. Labels: Locate required product labels and stamps on concealed surfaces ' or, where required for observation after installation, on accessible surfaces that are not conspicuous. 2. Equipment Nameplates: Provide a permanent nameplate on each item of ' service -connected or power -operated equipment. Locate on an easily accessible surface that is inconspicuous in occupied spaces. The nameplate shall contain the following information and other essential ' operating data: a. Name of product and manufacturer. b. Model and serial number. c. Capacity. d. Speed. ' e. Ratings. 1.6 PRODUCT DELIVERY, STORAGE, AND HANDLING A. Deliver, store, and handle products according to the manufacturer's 1 recommendations, using means and methods that will prevent damage, deterioration, and loss, including theft. 1. Schedule delivery to minimize long-term storage at the site and to prevent overcrowding of construction spaces. 2. Coordinate delivery with installation time to assure minimum holding time for items that are flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other losses. 3. Deliver products to the site in an undamaged condition in the MATERIALS AND EQUIPMENT 01600 - 3 manufacturer's original sealed container or other packaging system, complete with labels and instructions for handling, storing, unpacking, protecting, and installing. 4. Inspect products upon delivery to ensure compliance with the Contract Documents and to ensure that products are undamaged and properly protected. 5. Store products at the site in a manner that will facilitate inspection and measurement of quantity or counting of units. 6. Store heavy materials away from the Project structure in a manner that will not endanger the supporting construction. 7. Store products subject to damage by the elements above ground, under cover in a weathertight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required by manufacturer's instructions. PART 2- PRODUCTS I 2.1 PRODUCT SELECTION A. General Product Requirements: Provide products that comply with the Contract ' Documents, that are undamaged and, unless otherwise indicated, new at the time of installation. , 1. Provide products complete with accessories, trim, finish, safety guards, and other devices and details needed for a complete installation and the intended use and effect. 2. Standard Products: Where available, provide standard products of types that have been produced and used successfully in similar situations on other projects. B. Product Selection Procedures: The Contract Documents and governing ' regulations govern product selection. Procedures governing product selection include the following: 1. Proprietary Specification Requirements: Where Specifications name only ' a single product or manufacturer, provide the product indicated. No substitutions will be permitted. 2. Semiproprietary Specification Requirements: Where Specifications name 2 or more products or manufacturers, provide I of the products indicated. No substitutions will be permitted. a. Where Specifications specify products or manufacturers by name, accompanied by the term "or equal" or "or approved equal," comply with the Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. 3. Nonproprietary Specifications: When Specifications list products or , manufacturers that are available and may be incorporated in the Work, but MATERIALS AND EQUIPMENT 01600-4 I do not restrict the Contractor to use of these products only, the Contractor I may propose any available product that complies with Contract requirements. Comply with Contract Document provisions concerning "substitutions" to obtain approval for use of an unnamed product. ' 4. Descriptive Specification Requirements: Where Specifications describe a product or assembly, listing exact characteristics required, with or without use of a brand or trade name, provide a product or assembly that provides the characteristics and otherwise complies with Contract requirements. f 5. Performance Specification Requirements: Where Specifications require compliance with performance requirements, provide products that comply with these requirements and are recommended by the manufacturer for the 1 application indicated. a. Manufacturer's recommendations may be contained in published product literature or by the manufacturer's certification of performance. 6. Compliance with Standards, Codes, and Regulations: Where Specifications only require compliance with an imposed code, standard, or regulation, select a product that complies with the standards, codes, or regulations specified. 7. Visual Matching: Where Specifications require matching an established Sample, the Engineer's decision will be final on whether a proposed product matches satisfactorily. a. Where no product available within the specified category matches ' satisfactorily and complies with other specified requirements, comply with provisions of the Contract Documents concerning "substitutions" for selection of a matching product in another product category. i8. Visual Selection: Where specified product requirements include the phrase "... as selected from manufacturer's standard colors, patterns, textures ..." or a similar phrase, select a product and manufacturer that complies with other specified requirements. The Engineer will select the color, pattern, and texture from the product line selected. • 9. Allowances: Refer to individual Specification Sections and "Allowance" provisions in Division 1 for allowances that control product selection and for procedures required for processing such selections. PART 3 - EXECUTION 3.1 INSTALLATION OF PRODUCTS A. Comply with manufacturer's instructions and recommendations for installation of products in the applications indicated. Anchor each product securely in place, accurately located and aligned with other Work. [l MATERIALS AND EQUIPMENT 01600-5 [l 1. Clean exposed surfaces and protect as necessary to ensure freedom from , damage and deterioration at time of Substantial Completion. END OF SECTION 01600 1 1 1 1 . i 1 1 MATERIALS AND EQUIPMENT 01600 - 6 I J ft L I [1 SECTION 01631 - SUBSTITUTIONS PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1 1.2 SUMMARY I I [1 I A. This Section includes administrative and procedural requirements for handling requests for substitutions made after award of the Contract. 1. Multiple Prime Contracts: Provisions of this Section apply to the construction activities of each prime contractor. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 1 Section "Reference Standards and Definitions" specifies the applicability of industry standards to products specified. 2. Division 1 Section "Submittals" specifies requirements for submitting the Contractor's Construction Schedule and the Submittal Schedule. 3. Division 1 Section "Materials and Equipment" specifies requirements governing the Contractor's selection of products and product options. 1 1.3 DEFINITIONS I I I I I I SUBSTITUTIONS 01631 - 1 1 A. Definitions in this Article do not change or modify the meaning of other terms used in the Contract Documents. B. Substitutions: Changes in products, materials, equipment, and methods of construction required by the Contract Documents proposed by the Contractor after award of the Contract are considered to be requests for substitutions. The following are not considered to be requests for substitutions: 1. Revisions to the Contract Documents requested by the Owner or Engineer. 2. Specified options of products and construction methods included in the Contract Documents. 3. The Contractor's determination of and compliance with governing regulations and orders issued by governing authorities. 1.4 SUBMITTALS I A. Substitution Request Submittal: The Engineer will consider requests for substitution if received within 30 days after commencement of the Work. Requests received more than 30 days after commencement of the Work may be considered or rejected at the discretion of the Engineer. 1. Submit 3 copies of each request for substitution for consideration. Submit requests in the form and according to procedures required for change -order proposals. 2. Identify the product or the fabrication or installation method to be replaced in each request. Include related Specification Section and Drawing numbers. 3. Provide complete documentation showing compliance with the requirements for substitutions, and the following information, as appropriate: a. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate contractors, that will be necessary to accommodate the proposed substitution. b. A detailed comparison of significant qualities of the proposed substitution with those of the Work specified. Significant qualities may include elements, such as performance, weight, size, durability, and visual effect. c. Product Data, including Drawings and descriptions of products and fabrication and installation procedures. d. Samples, where applicable or requested. e. A statement indicating the substitution's effect on the Contractor's Construction Schedule compared to the schedule without approval of the substitution. Indicate the effect of the proposed substitution on overall Contract Time. f. Cost information, including a proposal of the net change, if any in the Contract Sum. g. The Contractor's certification that the proposed substitution conforms to requirements in the Contract Documents in every respect and is appropriate for the applications indicated. ' h. The Contractor's waiver of rights to additional payment or time that may subsequently become necessary because of the failure of the substitution to perform adequately. 4. Engineer's Action: If necessary, the Engineer will request additional information or documentation for evaluation within one week of receipt of a request for substitution. The Engineer will notify the Contractor of acceptance or rejection of the substitution within 2 weeks of receipt of the request, or one week of receipt of additional information or documentation, whichever is later. Acceptance will be in the form of a change order. a. Use the product specified if the Engineer cannot make a decision on ' the use of a proposed substitute within the time allocated. I SUBSTITUTIONS 01631 - 2 PART 2 -PRODUCTS 2.1 SUBSTITUTIONS ' A. Conditions: The Engineer will receive and consider the Contractor's request for substitution when one or more of the following conditions are satisfied, as determined by the Engineer. If the following conditions are not satisfied, the Engineer will return the requests without action except to record noncompliance with these requirements. 1 1. Extensive revisions to the Contract Documents are not required. 2. Proposed changes are in keeping with the general intent of the Contract Documents. I 3. The request is timely, fully documented, and properly submitted. 4. The specified product or method of construction cannot be provided within the Contract Time. The Engineer will not consider the request if the product or method cannot be provided as a result of failure to pursue the Work promptly or coordinate activities properly. 5. The request is directly related to an "or -equal" clause or similar language in the Contract Documents. 6. The requested substitution offers the Owner a substantial advantage, in cost, time, energy conservation, or other considerations, after deducting t additional responsibilities the Owner must assume. The Owner's additional responsibilities may include compensation to the Engineer for redesign and evaluation services, increased cost of other construction by the Owner, and • similar considerations. • 7. The specified product or method of construction cannot receive necessary approval by a governing authority, and the requested substitution can be approved. 8. The specified product or method of construction cannot be provided in a manner that is compatible with other materials and where the Contractor • certifies that the substitution will overcome the incompatibility. 9. The specified product or method of construction cannot be coordinated with other materials and where the Contractor certifies that the proposed substitution can be coordinated. 10. The specified product or method of construction cannot provide a warranty required by the Contract Documents and where the Contractor certifies that ■ the proposed substitution provides the required warranty. I 11. Where a proposed substitution involves more than one prime contractor, each contractor shall cooperate with the other contractors involved to coordinate the Work, provide uniformity and consistency, and assure compatibility of products. B. The Contractor's submittal and the Engineer's acceptance of Shop Drawings, Product Data, or Samples for construction activities not complying with the Contract Documents do not constitute an acceptable or valid request for substitution, nor do they constitute approval. I SUBSTITUTIONS 01631 - 3 I SECTION 01700 - CONTRACT CLOSEOUT PART 1 - GENERAL I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for contract closeout including, but not limited to, the following: 1. Inspection procedures. ' 2. Project record document submittal. 3. Operation and maintenance manual submittal. 4. Submittal of warranties. 5. Final cleaning. B. Closeout requirements for specific construction activities are included in the appropriate Sections in Divisions 2 through 16. I1.3 SUBSTANTIAL COMPLETION A. Preliminary Procedures: Before requesting inspection for certification of ' Substantial Completion, complete the following. List exceptions in the request. 1. In the Application for Payment that coincides with, or first follows, the date Substantial Completion is claimed, show 100 percent completion for the portion of the Work claimed as substantially complete. 1 a. Include supporting documentation for completion as indicated in these Contract Documents and a statement showing an accounting of changes to the Contract Sum. b. If 100 percent completion cannot be shown, include a list of incomplete items, the value of incomplete construction, and reasons the Work is not complete. I 2. Advise the Owner of pending insurance changeover requirements. 3. Submit specific warranties, workmanship bonds, maintenance agreements, final certifications, and similar documents. ' 4. Obtain and submit releases enabling the Owner unrestricted use of the Work and access to services and utilities. Include occupancy permits, U CONTRACT CLOSEOUT 01700- 1 I operating certificates, and similar releases. 5. Submit record drawings, maintenance manuals, and similar final record information. 6. Deliver tools, spare parts, extra stock, and similar items. 7. Make final changeover of permanent locks and transmit keys to the Owner. Advise the Owner's personnel of changeover in security provisions. 8. Complete startup testing of systems and instruction of the Owner's operation and maintenance personnel. Discontinue and remove temporary facilities from the site, along with mockups, construction tools, and similar elements. 9. Touch up and otherwise repair and restore marred, exposed finishes. B. Inspection Procedures: On receipt of a request for inspection, the Engineer will ' either proceed with inspection or advise the Contractor of unfilled requirements. The Engineer will prepare the Certificate of Substantial Completion following inspection or advise the Contractor of construction that must be completed or corrected before the certificate will be issued. 1. The Engineer will repeat inspection when requested and assured that the ' Work is substantially complete. 2. Results of the completed inspection will form the basis of requirements for final acceptance. 1.4 FINAL ACCEPTANCE 1 A. Preliminary Procedures: Before requesting final inspection for certification of final acceptance and final payment, complete the following. List exceptions in the request. 1. Submit the final payment request with releases and supporting ' documentation not previously submitted and accepted. Include insurance certificates for products and completed operations where required. 2. Submit an updated final statement, accounting for final additional changes to the Contract Sum. 3. Submit a certified copy of the Engineer's final inspection list of Items to be ' completed or corrected, endorsed and dated by the Engineer. The certified copy of the list shall state that each item has been completed or otherwise resolved for acceptance and shall be endorsed and dated by the Engineer. , 4. Submit final meter readings for utilities, a measured record of stored fuel, and similar data as of the date of Substantial Completion or when the Owner took possession of and assumed responsibility for corresponding elements of the Work. 5. Submit consent of surety to final payment. 6. Submit a final liquidated damages settlement statement. 7. Submit evidence of final, continuing insurance coverage complying with insurance requirements. B. Reinspection Procedure: The Engineer will reinspect the Work upon receipt of ' notice that the Work, including inspection list items from earlier inspections, has CONTRACT CLOSEOUT 01700 - 2 i been completed, except for items whose completion is delayed under circumstances acceptable to the Engineer. 1. Upon completion of reinspection, the Engineer will prepare a certificate of final acceptance. If the Work is incomplete, the Engineer will advise the Contractor of Work that is incomplete or of obligations that have not been fulfilled but are required for final acceptance. 2. If necessary, reinspection will be repeated. 1.5 RECORD DOCUMENT SUBMITTALS 1 A. General: Do not use record documents for construction purposes. Protect record documents from deterioration and loss in a secure, fire-resistant location. Provide access to record documents for the Engineer's reference during normal working hours. 1 B. Record Drawings: Maintain a clean, undamaged set of blue or black line white - prints of Contract Drawings and Shop Drawings. Mark the set to show the actual installation where the installation varies substantially from the Work as originally ' shown. Mark which drawing is most capable of showing conditions fully and accurately. Where Shop Drawings are used, record a cross-reference at the corresponding location on the Contract Drawings. Give particular attention to concealed elements that would be difficult to measure and record at a later date. 1. Mark record sets with red erasable pencil. Use other colors to distinguish ' between variations in separate categories of the Work. 2. Mark new information that is important to the Owner but was not shown on Contract Drawings or Shop Drawings. 3. Note related change -order numbers where applicable. 4. Organize record drawing sheets into manageable sets. Bind sets with durable -paper cover sheets; print suitable titles, dates, and other ' identification on the cover of each set. C. Record Sample Submitted: Immediately prior to Substantial Completion, the Contractor shall meet with the Engineer and the Owner's personnel at the Project Site to determine which Samples are to be transmitted to the Owner for record purposes. Comply with the Owner's instructions regarding delivery to the 1 Owner's Sample storage area. D. Miscellaneous Record Submittals: Refer to other Specification Sections for requirements of miscellaneous record keeping and submittals in connection with actual performance of the Work. Immediately prior to the date or dates of Substantial Completion, complete miscellaneous records and place in good order. Identify miscellaneous records property and bind or file, ready for continued use and reference. Submit to the Engineer for the Owner's records. E. Maintenance Manuals: Organize operation and maintenance data into suitable sets of manageable size. Bind properly indexed data in individual, heavy-duty, 2 -inch (51 -mm), 3 -ring, vinyl -covered binders, with pocket folders for folded sheet CONTRACT CLOSEOUT 01700 - 3 I information. Mark appropriate identification on front and spine of each binder. Include the following types of information: 1. Emergency instructions. ' 2. Spare parts list. 3. Copies of warranties. 4. Wiring diagrams. 5. Recommended "turn -around" cycles. 6. Inspection procedures. 7. Shop Drawings and Product Data. PART 2 - PRODUCTS (Not Applicable) I PART 3 - EXECUTION 3.1 CLOSEOUT PROCEDURES I A. Operation and Maintenance Instructions: Arrange for each Installer of equipment that requires regular maintenance to meet with the Owner's personnel to provide instruction in proper operation and maintenance. Provide instruction by manufacturer's representatives if installers are not experienced in operation and maintenance procedures. Include a detailed review of the following items: 1. Maintenance manuals. 2. Record documents. 3. Spare parts and materials. 4. Tools. 5. Lubricants. 6. Fuels. 7. Identification systems. 8. Control sequences. 9. Hazards. 10. Cleaning. 11. Warranties and bonds. 12. Maintenance agreements and similar continuing commitments. B. As part of instruction for operating equipment, demonstrate the following procedures: 1. Startup. I 2. Shutdown. 3. Emergency operations. 4. Noise and vibration adjustments. 5. Safety procedures. 6. Economy and efficiency adjustments. 7. Effective energy utilization. I 1] CONTRACT CLOSEOUT 01700-4 1 3.2 FINAL CLEANING 1 A. General: The General Conditions require general cleaning during construction. Regular site cleaning is included in Division 1 Section "Construction Facilities and Temporary Controls." B. Cleaning: Employ experienced workers or professional cleaners for final cleaning. Clean each surface or unit to the condition expected in a normal, industrial building cleaning and maintenance program. Comply with manufacturer's instructions. 1. Complete the following cleaning operations before requesting inspection for certification of Substantial Completion. a. Clean the site, including landscape development areas, of rubbish, litter, and other foreign substances. Sweep paved areas broom clean; remove stains, spills, and other foreign deposits. Rake grounds that are neither paved nor planted to a smooth, even - textured surface. C. Removal of Protection: Remove temporary protection and facilities installed for protection of the Work during construction. D. Compliance: Comply with regulations of authorities having jurisdiction and safety standards for cleaning. Do not burn waste materials. Do not bury debris or excess materials on the Owner's property. Do not discharge volatile, harmful, or dangerous materials into drainage systems. Remove waste materials from the site and dispose of lawfully. 1. Where extra materials of value remain after completion of associated Work, they become the Owner's property. Dispose of these materials as directed by the Owner. END OF SECTION 01700 I I I I 1i CONTRACT CLOSEOUT 01700-5 1 SECTION 01740 - WARRANTIES I PART 1 - GENERAL I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and other Division 1 Specification Sections, apply to this Section. 1 1.2 SUMMARY A. This Section includes administrative and procedural requirements for warranties required by the Contract Documents, including manufacturers standard warranties on products and special warranties. 1. Refer to the General Conditions for terms of the Contractor's period for correction of the Work. I B. Related Sections: The following Sections contain requirements that relate to this Section: ' 1. Division 1 Section "Submittals" specifies procedures for submitting warranties. 2. Division 1 Section "Contract Closeout" specifies contract closeout • ' procedures. 3. Divisions 2 through 16 Sections for specific requirements for warranties on products and installations specified to be warranted. 4. Certifications and other commitments and agreements for continuing ' services to Owner are specified elsewhere in the Contract Documents. C. Disclaimers and Limitations: Manufacturer's disclaimers and limitations on product warranties do not relieve the Contractor of the warranty on the Work that incorporates the products. Manufacturer's disclaimers and limitations on product warranties do not relieve suppliers, manufacturers, and subcontractors required to countersign special warranties with the Contractor. D. Separate Prime Contracts: Each prime contractor is responsible for warranties related to its own contract. ' 1.3 DEFINITIONS A. Standard product warranties are preprinted written warranties published by individual manufacturers for particular products and are specifically endorsed by the manufacturer to the Owner. 01740- 1 WARRANTIES I B. Special warranties are written warranties required by or incorporated in the Contract Documents, either to extend time limits provided by standard warranties or to provide greater rights for the Owner. 1.4 WARRANTY REQUIREMENTS A. Related Damages and Losses: When correcting failed or damaged warranted construction, remove and replace construction that has been damaged as a result of such failure or must be removed and replaced to provide access for correction of warranted construction. B. Reinstatement of Warranty: When Work covered by a warranty has failed and been corrected by replacement or rebuilding, reinstate the warranty by written endorsement. The reinstated warranty shall be equal to the original warranty with an equitable adjustment for depreciation. C. Replacement Cost: Upon determination that Work covered by a warranty has failed, replace or rebuild the Work to an acceptable condition complying with requirements of the Contract Documents. The Contractor is responsible for the cost of replacing or rebuilding defective Work regardless of whether the Owner has benefitted from use of the Work through a portion of its anticipated useful service life. D. Owner's Recourse: Expressed warranties made to the Owner are in addition to implied warranties and shall not limit the duties, obligations, rights, and remedies otherwise available under the law. Expressed warranty periods shall not be interpreted as limitations on the time in which the Owner can enforce such other duties, obligations, rights, or remedies. O1. Rejection of Warranties: The Owner reserves the right to reject warranties and to limit selection to products with warranties not in conflict with requirements of the Contract Documents. E. Where the Contract Documents require a special warranty, or similar commitment on the Work or part of the Work, the Owner reserves the right to refuse to accept the Work, until the Contractor presents evidence that entities required to countersign such commitments are willing to do so. 1.5 SUBMITTALS A. Submit written warranties to the Engineer prior to the date certified for Substantial Completion. If the Engineer's Certificate of Substantial Completion designates a commencement date for warranties other than the date of Substantial Completion for the Work, or a designated portion of the Work, submit written warranties upon request of the Engineer. 1. When a designated portion of the Work is completed and occupied or used by the Owner, by separate agreement with the Contractor during the WARRANTIES 01740 - 2 I construction period, submit properly executed warranties to the Engineer within 15 days of completion of that designated portion of the Work. B. When the Contract Documents require the Contractor, or the Contractor and a subcontractor, supplier or manufacturer to execute a special warranty, prepare a written document that contains appropriate terms and identification, ready for execution by the required parties. Submit a draft to the Owner, through the Engineer, for approval prior to final execution. 1. Refer to Divisions 2 through 16 Sections for specific content requirements and particular requirements for submitting special warranties. 2. When warranted construction requires operation and maintenance manuals, provide additional copies of each required warranty, as necessary, for inclusion in each required manual. I PART 2 - PRODUCTS (Not Applicable) I PART 3 - EXECUTION (Not Applicable) I END OF SECTION 01740 I I I I Li I I I I WARRANTIES 01740- 3 I I SECTION 2110 - SITE CLEARING I PART 1 - GENERAL H 1.1 RELATED DOCUMENTS I I i I I I I I i I S I El L! 11 A. Drawings and general provisions of Supplementary Conditions and Division Section. 1.2 SUMMARY A. This Section includes the following: the Contract, including General and 1 Specification Sections, apply to this 1. Protection of existing trees indicated to remain. 2. Removal of trees and other vegetation. 3. Topsoil stripping. 4. Clearing and grubbing. 5. Removing above -grade improvements. 6. Removing below -grade improvements. 1.3 PROJECT CONDITIONS A. Traffic: Conduct site -clearing operations to ensure minimum interference with roads, streets, walks, and other adjacent occupied or usedffacilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. B. Protection of Existing Improvements: Provide protections necessary to prevent damage to existing improvements indicated to remain in place. 1. Protect improvements on adjoining properties and on Owner's property. 2. Restore damaged improvements to their original condition, as acceptable to property owners. C. Protection of Existing Trees and Vegetation: Protect existing trees and other vegetation indicated to remain in place against unnecessary cutting, breaking or skinning of roots, skinning or bruising of bark, smothering of trees by stockpiling construction materials or excavated materials within drip tine, excess foot or vehicular traffic, or parking of vehicles within drip line. Provide temporary guards to protect trees and vegetation to be left standing. 1. Water trees and other vegetation to remain within limits of contract work as required to maintain their health during course of construction operations. 2. Provide protection for roots over 1-1/2 inch in diameter that are cut during SITE CLEARING 02110-1 I construction operations. Coat cut faces with an emulsified asphalt or other acceptable coating formulated to use on damaged plant tissues. Temporarily cover exposed roots with wet burlap to prevent roots from drying out; cover with earth as soon as possible. 3. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations in a manner acceptable to Engineer. Employ a licensed arborist to repair damage to trees and shrubs. 4. Replace trees that cannot be repaired and restored to full -growth status, as determined by arborist. D. Improvements on Adjoining Property: Authority for performing removal and 1 alteration work on property adjoining Owner's property will be obtained by Owner prior to award of contract. 1. Extent of work on adjacent property is indicated on Drawings. E. Salvable Improvements: Carefully remove items indicated to be salvaged and store on Owner's premises where indicated or directed. 1.4 EXISTING SERVICES A. General: Indicated locations are approximate; determine exact locations before icommencing Work. B. Arrange and pay for disconnecting, removing, capping, and plugging utility services. Notify affected utility companies in advance and obtain approval before starting this Work. v C. Place markers to indicate location of disconnected services. Identify service lines and capping locations on Project Record Documents. IPART 2 - PRODUCTS (Not Applicable) IPART 3 - EXECUTION 1 3.1 SITE CLEARING A. General: Remove trees, shrubs, grass, and other vegetation, improvements, or obstructions, as required, to permit installation of new construction. Remove similar items elsewhere on site or premises as specifically indicated. Removal includes digging out and off -site disposal of stumps and roots. 1. Cut minor roots and branches of trees indicated to remain in a clean and 1 careful manner where such roots and branches obstruct installation of new construction. 2. The cost of all rock excavation on the site for construction of the water lines and all other appurtenances shall be included in the appropriate bid SITE CLEARING 02110- 2 I item. No additional payment for rock shall be made under other items of the Bid. B. Topsoil: Topsoil is defined as friable clay loam surface soil found in a depth of not less than 4 inches. Satisfactory topsoil is reasonably free of subsoil, clay lumps, stones, and other objects over 2 inches in diameter, and without weeds, roots, and other objectionable material. 1. Strip topsoil to whatever depths encountered in a manner to prevent intermingling with underlying subsoil or other objectionable material. Remove heavy growths of grass from areas before stripping. 1 a. Where existing trees are indicated to remain, leave existing topsoil in place within drip lines to prevent damage to root system. 2. Stockp ile pile topsoil in storage piles in areas indicated or directed. Construct storage piles to provide free drainage of surface water. Cover storage piles, if required, to prevent wind erosion. 3. Dispose of unsuitable or excess topsoil as specified for disposal of waste material. 4. Undercutting will be required to remove soft and wet upper level soils. Undercut may be necessary to obtain a stable subgrade prior to construction of structures or embankments. C. Clearing and Grubbing: Clear site of trees, shrubs, and other vegetation, except for those indicated to be left standing. 1. Completely remove stumps, roots, and other debris protruding through ground surface. 2. Use only hand methods for grubbing inside drip line of trees indicated to remain. 3. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. a. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact each layer to a density equal to adjacent original ground. D. Removal of Improvements: Remove existing above -grade and below -grade improvements as indicated and as necessary to facilitate new construction. 1. Abandonment or removal of certain underground pipe or conduits may be indicated on mechanical or electrical drawings and is included under work of related Division 15 Section. Removing abandoned underground piping or conduits interfering with construction is included under this Section. Li I E. Erosion Control: Areas which are denuded of vegetation and which, in the opinion of the Engineer, may be subject to erosion shall be protected from erosion as directed by the Engineer either by temporary seeding and/or mulching or by temporary straw ditch checks. Temporary erosion control SITE CLEARING 02110-3 1 I J Li i Ij I I I I I I U fl Li I; I [II I seeding may be necessary. F. Surface Removal: The work to be included 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. 1. This specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. 2. In all areas where water lines 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 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. a. Lawns, Gardens, Mowed or Cultivated Areas, and Other Well -Kept Areas: In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along the ditch line so that it does not become mixed with the remaining excavation. b. The width of allowable surface removal shall be the standard trench width as shown on the detail sheet of the Drawings, or the depth of the trench to the existing water flow line at its deepest point, whichever is greater. c. 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 6 inches. 3. 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. 4. 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. 5. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. 6. 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. 7. 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. 7 SITE CLEARING 02110-4 u 11 I I I 1) Removal of Pavement for Water Line Construction: The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the standard trench width as defined on the detail sheet of the Drawings plus 18 inches each side of the standard trench. 2) 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 6 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 Drawings plus 12 inches on each side of the trench. 2) The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 6 inches. C. Unpaved Driving Surfaces: Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. I I I PT I I 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 Drawings. 2) The length of unpaved surface removed along the normal trench line for the installation of fittings or other appurtenances shall be the dimension of such structure plus 6 inches. 8. 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. 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. G. Clearing Rights of Way: Parts of construction are indicated on the Drawings as being through lawns, gardens, brush,timbered areas and pasture land. There is no separate pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the clearing operation. Nor is there a separate pay item for cutting and repairing/rebuilding fences. SITE CLEARING 02110-5 I maintained between any equipment and transmission facilities, in accordance with applicable state, federal and power utility requirements. b. 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. Temporary replacements shall be ' provided until the permanent installations are provided. After pipe construction in the immediate vicinity is complete, items damaged by the Contractor shall be replaced to their original conditions, at the expense of the Contractor. Payment for these items is to be included in the price bid per linear foot of pipe. 5. Fences - Cutting and Repairing: The Drawings show fences to be crossed during the course of construction. The fences are to be replaced to existing alignment as nearly as possible. Prior to cutting, the Engineer will witness the fence locations to points outside the right of way. Any stakes or other identification so used shall be protected by the Contractor. a. Prior to the cutting of fences the Contractor shall install a brace post assembly in the existing fence on each side of the pipeline. 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 fencing so as to maintain livestock in the original pasture during the construction period. There is no separate pay item for temporary fencing, and shall be included in the price bid for pipe. b. After the pipeline has been installed, backfill placed and compacted, and excess material removed, the Contractor shall rebuild the fences across the right of way. C. Fencing shall be replaced according to the type of fence to be crossed during construction using new materials which are equal to the original fencing material. d. 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. 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. 7. The Contractor is responsible for taking steps necessary to assure the safety of livestock in the vicinity of the construction area. 3.2 DISPOSAL OF WASTE MATERIALS I ' SITE CLEARING 02110-7 I I I A. Burning on Owner's Property: Burning is permitted on Owner's property. B. Removal from Owner's Property: Remove waste materials and unsuitable or excess topsoil from Owner's property. END OF SECTION 02110 SITE CLEARING 02110-8 I ISECTION 02160 - EXCAVATION SUPPORT SYSTEMS ' PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY ' A. This Section includes, but is not limited to, the following: 1. Shoring and bracing necessary to protect existing buildings, streets, walkways, utilities, and other improvements and excavation against loss of ground or caving embankments. 2. Maintenance of shoring and bracing. 3. Removal of shoring and bracing, as required. B. Types of shoring and bracing systems include, but are not limited to, the following: ' 1. Steel H -section (soldier) piles. 2. Timber lagging. 3. Steel sheet piles. C. Building excavation is specified in another Division 2 Section. ' D. All excavation and trenching shall comply with the latest edition of Occupational Safety and Health Standards for Excavation and Trenches Safety System (29 1 CFR 1926, Subpart P). 1.3 SUBMITTALS A. General: Submit the following in accordaroe with Conditions of Contract and 1 Division 1 Specification Sections. B. Layout drawings for excavation support system and other data prepared by, or under the supervision of, a qualified professional engineer. System design and calculations must be acceptable to local authorities having jurisdiction. 1.4 QUALITY ASSURANCE IA. Engineer Qualifications: A professional engineer legally authorized to practice 1 EXCAVATION SUPPORT SYSTEMS 02160 - 1 i in jurisdiction where Project is located, and experienced in providing successful engineering services for excavation support systems similar in extent required for this Project. '• B. Supervision: Engage and assign supervision of excavation support system to a qualified professional engineer foundation consultant. I1. Submit name of engaged consultant and qualifying technical experience. C. Regulations: Comply with codes and ordinances of governing authorities having jurisdiction. 1.5 JOB CONDITIONS A. Before starting work, verify governing dimensions and elevations. Verify condition of adjoining properties. Take photographs to record any existing 1 settlement or cracking of structures, pavements, and other improvements. Prepare a list of such damages, verified by dated photographs, and signed by Contractor and others conducting investigation. B. Survey adjacent structures and improvements, employing qualified professional engineer, establishing exact elevations at fixed points to act as benchmarks. Clearly identify benchmarks and record existing elevations. C. During excavation, resurvey benchmarks weekly, maintaining accurate log of surveyed elevations for comparison with original elevations. Promptly notify Engineer if changes in elevations occur or if cracks, sags, or other damage is evident. 1.6 EXISTING UTILITIES A. Protect existing active sewer, water, gas, electricity and other utility services and structures. 1 B. Notify municipal agencies and service utility companies having jurisdiction. Comply with requirements of governing authorities and agencies for protection, relocation, removal, and discontinuing of services. IPART 2- PRODUCTS 2.1 MATERIALS A. General: Provide adequate shoring and bracing materials which will support loads imposed. Materials need not be new, but should be in serviceable condition. B. Structural Steel: ASTM A 36. EXCAVATION SUPPORT SYSTEMS 02160 - 2 C. Steel Sheet Piles: ASTM A 328. D. Timber Lagging: Any species, rough -cut, mixed hardwood, nominal 3 inches thick, unless otherwise indicated. PART 3 - EXECUTION 3.1 SHORING A. Wherever shoring is required, locate the system to clear permanent construction and to permit forming and finishing of concrete surfaces. Provide ' shoring system adequately anchored and braced to resist earth and hydrostatic pressures. ' B. Shoring systems retaining earth on which the support or stability of existing structures is dependent must be left in place at completion of work. 3.2 BRACING A. Locate bracing to clear columns, floor framing construction, and other permanent work. If necessary to move a brace, install new bracing prior to removal of original brace. B. Do not place bracing where it will be cast into or included in permanent concrete work, except as otherwise acceptable to Engineer. C. Install internal bracing, if required, to prevent spreading or distortion of braced frames. I I Ii I I D. Maintain bracing until structural elements are supported by other bracing or until permanent construction is able to withstand lateral earth and hydrostatic pressures. E. Remove sheeting, shoring, and bracing in stages to avoid disturbance to underlying soils and damage to structures, pavements, facilities, and utilities. F. Repair or replace, as acceptable to Engineer, adjacent work damaged or displaced through installation or removal of shoring and bracing work. END OF SECTION 02160 1 EXCAVATION SUPPORT SYSTEMS 02160 - 3 I SECTION 02200 - EARTHWORK PART 1 - GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes the following: 1. Preparing and grading subgrades for slabs -on -grade, walks, pavements, and landscaping. 2. Excavating and backfilling for buildings, structures, and trenches. 3. Excavating and backfilling trenches within building lines. • 4. Excavating and backfilling for underground mechanical and electrical utilities and appurtenances. B. Related Sections: The following Sections contain requirements that relate to this Section. 1. Division 2 Section "Site Clearing" for site stripping, grubbing, topsoil removal, and tree protection. 1 1.3 UNIT PRICES A. Rock Measurement: Volume of rock actually removed, measured in original position, but not to exceed the following: 1. 24 inches outside of concrete forms other than at footings. 2. 12 inches outside of concrete forms at footings. ' 3. 6 inches outside of minimum required dimensions of concrete cast against grade. 4. 6 inches beneath bottom of concrete slabs on grade. ' 5. 6 inches beneath invert elevation of pipe in trenches, and the greater of 16 inches wider than pipe diameter or the pipe barrel outside diameter times 1.25 plus 12 inches wide. ' B. Unit prices for rock excavation include replacement with approved materials. ' 1.4 DEFINITIONS A. Excavation consists of the removal of material encountered to subgrade ' EARTHWORK 02200 - 1 elevations and the reuse or disposal of materials removed. ' B. Subgrade: The uppermost surface of an excavation or the top surface of a fill or backfill immediately below subbase, drainage fill, or topsoil materials. C. Borrow: Soil material obtained off -site when sufficient approved soil material is not available from excavations. D. Subbase Course: The layer placed between the subgrade and base course in a paving system or the layer placed between the subgrade and surface of a pavement or walk. ' E. Base Course: The layer placed between the subbase and surface pavement in a paving system. F. Drainage Fill: Course of washed granular material supporting slab -on -grade placed to cut off upward capillary flow of pore water. G. Filtering Material: Coarse aggregate that is reasonably well graded which is used for French drain and/or in conjunction with pipe underdrains. H. Unauthorized excavation consists of removing materials beyond indicated subgrade elevations or dimensions without direction by the Engineer. Unauthorized excavation, as well as remedial work directed by the Engineer, shall be at the Contractor's expense. I. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below ground surface. J. Utilities include on -site underground pipes, conduits, ducts, and cables, as well as underground services within building lines. 1.5 SUBMITTALS A. Samples of the following: • 1. One optimum moisture -maximum density curve for each soil material. 2. Report of actual unconfined compressive strength and/or results of bearing tests of each stratum tested. B. Blasting plan approved by authorities having jurisdiction. C. Photographs of existing adjacent structures and site improvements. 1.6 QUALITY ASSURANCE A. Codes and Standards: Perform earthwork complying with requirements of authorities having jurisdiction. EARTHWORK 02200 - 2 B. Comply with applicable requirements of NFPA C. Testing and Inspection Service: Owner will geotechnical engineering testing agency to ' borrow soils to verify that soils comply with perform required field and laboratory testing. 1 1.7 PROJECT CONDITIONS 495 --Explosive Materials Code. amploy a qualified independent classify proposed on -site and specified requirements and to ' A. Existing Utilities: Do not interrupt existing utilities serving facilities occupied by the Owner or others except when permitted in writing by the Engineer and then only after acceptable temporary utility services have been provided. 1. Provide a minimum 48 -hours' notice to the Engineer and receive written notice to proceed before interrupting any utility. B. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shutoff services ii lines are active. PART 2 - PRODUCTS (Not Applicable) PART 3 - EXECUTION 3.1 PREPARATION A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations. B. Protect subgrades and foundation soils against freezing temperatures or frost. I Provide protective insulating materials as necessary. C. Provide erosion control measures to prevent erosion or displacement of soils and discharge of soil -bearing water runoff or airborne dust to adjacent properties and walkways. 1. The National Pollutant Discharge Elimination System (NPDES) requires a permit to discharge stormwater associated with industrial activity or construction sites into the waters of the United States. The Arkansas Department of Pollution Control and Ecology issues the permits. A Notice of Intent must be filed to comply with the permit. The Contractor shall furnish the Engineer a copy of the Notice of Intent. D. Tree protection is specified in the Division 2 Section "Site Clearing.' I EARTHWORK 02200 - 3 I 3.2 DEWATERING ' A. Prevent surface water and subsurface or ground water from entering excavations, from ponding on prepared subgrades, and from flooding Project ' site and surrounding area. B. Protect subgrades and foundation soils from softening and damage by rain or 1 water accumulation. C. The Contractor shall provide and maintain adequate dewatering equipment to ' remove and dispose of all surface and ground water entering excavations, trenches, or other parts of the work. Each excavation shall be kept dry during subgrade preparation and continually thereafter until the structure to be built, ' or the pipe to be installed therein, is completed to the extent that no damage from hydrostatic pressure, flotation, or other cause will result. 3.3 EXCAVATION A. Explosives: Explosives may be used if monitored and insured; however, the ' Engineer must approve of the activity and be notified prior to blasting taking place. B. Classified Excavation: Excavation is classified and includes excavation to required subgrade elevations. Excavation will be classified as earth excavation or rock excavation as follows: 1. Earth excavation includes excavation of pavements and other obstructions visible on surface; underground structures, utilities, and other items indicated to be demolished and removed; together with soil and other materials encountered that are not classified as rock or unauthorized excavation. a. Intermittent drilling or ripping to increase production and not necessary to permit excavation of material encountered will be ' classified as earth excavation. 2. Rock excavation includes removal and disposal of rock material and t obstructions encountered that cannot be removed by the following heavy-duty rock excavating equipment without systematic drilling or ripping. a. Rock material includes boulders 1/2 cu. yd. or more in volume and rock in beds, ledges, unstratified masses, and conglomerate ' deposits. 3. Rock excavating equipment for footings, trenches, and pits shall be 1 equivalent to Caterpillar Model No. 215D LC track -mounted hydraulic excavator, equipped with a 42 -inch -wide short -tip radius rock bucket, rated at not less than 120 -hp flywheel power with bucket -curling force of not less than 25,000 lb and stick -crowd force of not less than 18,700 lb, EARTHWORK 02200 - 4 measured according to SAE Standard J1179. 1 4. Rock -excavating equipment for open excavations shall be equivalent to Caterpillar Model No. 973, heavy-duty, track -mounted loader, rated at not less than 210 -hp flywheel power and developing minimum of 45,000 -lb breakout force, measured according to SAE Standard J732c-69. a. Excavations more than 10 feet in width and pits more than 30 feet in either length or width are defined as open excavations. 5. Rock excavation will be paid by the cubic yard, which price shall be full • compensation for: excavation; drilling; formation of embankment; and compaction of earthwork not paid for under the comprehensive grading plan. Compensation for rock excavation shall include all labor, tools and ' equipment necessary to complete the work. 6. Do not excavate rock until it has been classified and cross -sectioned by Engineer. 3.4 STABILITY OF EXCAVATIONS A. Comply with local codes, ordinances, and requirements of authorities having jurisdiction to maintain stable excavations. 3.5 EXCAVATION FOR STRUCTURES IA. Excavate to indicated elevations and dimensions within a tolerance of plus or minus 0.10 foot. Extend excavations a sufficient distance from structures for placing and removing concrete formwork, installing services and other construction, and for inspections. 1. Excavations for Footings and Foundations: Do not disturb bottom of excavation. Excavate by hand to final grade just before placing concrete reinforcement. Trim bottoms to required lines and grades to leave solid base to receive other work. ' 2. Pile Foundations: Stop excavations from 6 inches to 12 inches above bottom of footing before piles are placed. After piles have been driven, remove loose and displaced material. Excavate to final grade, leaving ' solid base to receive concrete pile caps. 3. Excavation for Underground Tanks, Basins, and Mechanical or Electrical Appurtenances: Excavate to elevations and dimensions indicated within a tolerance of plus or minus 0.10 foot. Do not disturb bottom of excavations intended for bearing surface. ' 3.6 EXCAVATION FOR WALKS AND PAVEMENTS IA. Excavate surfaces under walks and pavements to indicated cross sections, elevations, and grades. I EARTHWORK 02200 - 5 3.7 EXCAVATION FOR UTILITY TRENCHES A. Excavate trenches to indicated slopes, lines, depths, and invert elevations. 1. Beyond building perimeter, excavate trenches to allow installation of top of pipe as indicated on Drawings. B. Excavate trenches to uniform widths to provide a working clearance on each side of pipe or conduit. Excavate trench walls vertically from trench bottom, unless otherwise indicated. C. Trench Bottoms: Excavate and shape trench bottoms to provide uniform bearing and support of pipes and conduit. Shape subgrade to provide continuous support for bells, joints, and barrels of pipes and for joints, fittings, and bodies of conduits. Remove stones and sharp objects to avoid point loading. I1. Where encountering rock or another unyielding bearing surface, carry trench excavation 4 inches below invert elevation to receive select pipe bedding course. 2. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in these Specifications. All excavations shall be in compliance with Subpart P of 29 CFR Part 1926 - Occupational Safety and Health Standards - Excavation. 3. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged during construction. a. Trench Depth and Pipe Embedment: The trench shall be excavated to a minimum of 4 inches below the bottom of the pipe when laid at the required grade. Trench bedding material shall be placed to allow for pipe installation to the alignment and grade shown on the Drawings. Bell holes shall be excavated in accord with ASTM D- 2321. PVC and ductile iron pipe shall be bedded in pipe embedment material, as specified elsewhere in these Specifications, for the full width of the excavated trench from a point 6 inches below the bottom of the pipe barrel to a point 6 inches over the top of the pipe. The embedment material shall extend the full width of the excavated trench. (See detail on Drawings.) All overexcavation shall be backfilled with embedment material at the Contractor's expense. Material required to backfill overexcavation shall be placed in 8 inch lifts and thoroughly tamped with mechanical compaction equipment to reach the required grade. All pipe embedment shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Width of Trench: The Contractor shall at his expense provide additional pipe embedment material as necessary to completely fill EARTHWORK 02200 - 6 the entire width of the trench as excavated. All additional ' embedment material required shall be furnished at the Contractor's expense. c. Length: The Engineer may limit the trench excavated in advance of installation of pipe. No excavation in advance of installation of pipe shall exceed 300 feet, or that length in which installation may reasonably be completed during the workday. Trench excavated to grade in advance of installation of pipe shall not exceed 150 feet, or that length in which installation may reasonably be completed during the workday. 1) Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid or from where cast -in -place concrete operations are in Droaress. I I [TI I I E I C I L I I I 4. Excavation in Poor Soil and Refilling to Grade: Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill as specified elsewhere in these Specifications, in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required as crushed stone base in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for additional excavation. 5. Removal of Water and Muck: The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with crushed stone base trench back -fill at his own expense. Under no conditions will polyvinyl chloride water pipe or ductile iron pipe be laid in a trench that has not been properly dewatered. No additional compensation will be made to the Contractor for dewatering or removal of muck. 3.8 APPROVAL OF SUBGRADE A. When Engineer determines that unforeseen unsatisfactory soil is present, continue excavation and replace with compacted backfill or fill material as directed. 1. Unforeseen additional excavation and replacement material will be paid according to the Contract provisions for changes in Work. B. Reconstruct subgrades damaged by freezing temperatures, frost, rain, EARTHWORK 02200 - 7 I I I I C' i I Li I I I accumulated water, or construction activities, as directed by the Engineer. 3.9 UNAUTHORIZED EXCAVATION A. Fill unauthorized excavation under foundations or wall footings by extending indicated bottom elevation of concrete foundation or footing to excavation bottom, without altering required top elevation. Lean concrete fill may be used to bring elevations to proper position when acceptable to the Engineer. 1. Fill unauthorized excavations under other construction as directed by the Engineer. B. Where indicated widths of utility trenches are exceeded, provide stronger pipe, or special installation procedures, as required by the Engineer. 3.10 STORAGE OF SOIL MATERIALS A. Stockpile excavated materials acceptable for backfill and fill soil materials, including acceptable borrow materials. Stockpile soil materials without intermixing. Place, grade, and shape stockpiles to drain surface water. Cover to prevent wind-blown dust. 1. Stockpile soil materials away from edge of excavations. Do not store within drip line of remaining trees. 3.11 BACKFILL A. Backfill excavations promptly, but not before completing the following: 1. Acceptance of construction below finish grade including, where applicable, dampproofing, waterproofing, and perimeter insulation. 2. Surveying locations of underground utilities for record documents. 3. Testing, inspecting, and approval of underground utilities. 4. Concrete formwork removal. 5. Removal of trash and debris from excavation. 6. Removal of temporary shoring and bracing, and sheeting. 7. Installing permanent or temporary horizontal bracing on horizontally supported walls. 8. Pipe Embedment Material: The work to be included shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for completion of pipe embedment material as shown on the Drawings and as hereinafter specified. a. Materials: The Contractor shall furnish embedment material from an Arkansas State Highway and Transportation Department approved source for coarse aggregate for Portland cement concrete in accordance with Section 802 of the Standard Specifications for Highway Construction, Edition of 1993. Coarse aggregate size shall IEARTHWORK 02200 - 8 J J I I I I I I I I I I [I I Fi J I be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with AASHTO T 27. Class A. S. S(AE). and Seal Concrete Sieve Percent Passing 1-1/4" 100 3/4" 35-75 3/8" 10-30 #4 0-5 b. Execution: Pipe embedment shall be constricted to the dimensions detailed on the Drawings for all PVC or ductile iron pipe by placing in lifts of not more than 8 inches and compacting by spading, shoveling, slicing or hand -tamping. Material shall be carefully placed under the pipe haunches. c. Testing: The Contractor shall, prior to delivery, furnish the suppliers' certificates that all pipe embedment material furnished meets the requirements of these Specifications. d. Payment: This item shall be considered subsidiary to the polyvinyl chloride or ductile iron pipe. Payment for embedment material will be made under the appropriate pipe bid item. No separate pay will be made for bedding material. 3.12 UTILITY TRENCH BACKFILL A. The work to be included shall consist of providing all. materials, labor, equipment, tools, supplies, and incidentals necessary for backlilling areas excavated during the construction of sewer lines, manholes, force mains, 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 Drawings 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. 1. Materials - Granular Base Backfill: Granular base backfill (where specified) shall be AHTD Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications, or grit" as locally manufactured from crushed limestone. All grit material shall be durable crushed aggregate with a maximum particle size of 5/16 inch and a maximum percentage passing the No. 200 sieve of 10 percent. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these Specifications. 2. Construction: Areas excavated for the construction of sewer lines, manholes, force mains, water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. a. Pipe Protection Cover: Pipe protection cover to a depth of 12 inches IEARTHWORK 02200 - 9 above the top of the embedment material or top of pipe, whichever is greater, shall consist of select material free from rocks larger than 2 inches. However, should the material excavated from the trench be sufficiently 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 granular base to a depth of 12 inches above the top of the pipe. The trench may then be backfilled according to c. below. b. When water line construction is within and approximately perpendicular to or crossing curb and gutter, a street or other driving surface, the pipe protection cover shall consist of granular base trench backfill as defined above. The pipe protection cover shall be placed from the top of the bedding or embedment of the pipe to a point 12 inches above the top of the pipe by the trench width. c. 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. Id. Extra care shall be exercised around manholes to assure that the backfill material is placed evenly around the perimeter of the manhole. Manholes shall not be backfilled prior to 12 hours after 1 the manhole forms have been removed. 1) Compaction: All pipeline trench backfill shall be placed in 1 layers of appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. Heavy compaction equipment shall not be used closer than 2 feet to the top of the pipe. Any backfill failing to meet the compaction requirements set out below shall be replaced and/or recompacted until the backfill materials meet the compaction specifications. Any costs associated with replacement, recompaction and testing shall be borne by the Contractor. a) All trench backfill (except under paved areas) shall be compacted to 90 percent (minimum) of that of the • adjacent undisturbed soil. b) In areas where the trench crosses a street, parking lot or driveway, the backfill shall be crushed stone trench 1 backfill. Crushed stone trench backfill (aggregate base course, Class 7) shall be compacted to 95 percent modified Proctor density (ASTM D1557-78). c) 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. An additional test will be made for each test failure at approximately 100 feet either side of failing test. In areas to be topsoiled, the test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the EARTHWORK 02200 - 10 placement of the topsoil. All surfaces to be paved shall be tested at three (3) depths below finished grade as selected by the Engineer. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. d) The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory acceptable to the Engineer. 2) Lawns, Gardens and Other Well -Kept Areas: After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over 1 all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling 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 insure 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. 3) Mowed or Cultivated Areas (Excluding Gardens): The requirements for backfilling in these areas is identical to that specified in 2) above, exceot that it is the intent of the 1 Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in topsoil free of roots, weeds, clay and rocks, and from a source approved by the Engineer, and shall do so without additional cost to the Owner. 4) 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 insure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. 5) Sidewalks, Curb and Gutter Crossings: In all areas where excavation crosses or is parallel to and within the limits of a sidewalk or curb and gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified above, which shall be compacted in accordance with the requirements above. 3. Cleanup: Cleanup shall be as specified elsewhere in these Specifications. 4. Replacement and Repair of Driving Surfaces, Sidewalks, Curb and Gutter: Replacement and repair of driving surfaces, sidewalks, and curb and ' EARTHWORK 02200 - 11 gutter shall be as specified elsewhere in these Specifications. I B. Concrete Encased Water Line at Stream and Creek Crossings: The work to be included 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. Materials a. Water Line: The water line shall conform to the requirements of that section of the Specifications governing water line. b. Concrete: Concrete shall conform to the requirements of the Concrete section of these Specifications. 2. Construction: Concrete encased creek crossings shall be made at the locations shown on the Drawings or hereinafter cipecified and shall be made in conformance to these Drawings and Specifications. a. General: The concrete encased creek crossing shall generally consist of excavating the trench to the depth set out below, placing j concrete around the pipe to the dimensions shown on the Drawings, and backfilling the trench. b. Required Depth of Cover: The depth of cover for water line crossings shall be as shown on the Drawings. The depth of cover for force main crossings may vary depending upon whether solid rock is present within a distance of 72 inches below the lowest elevation of the streambed. 1) Solid Rock is Not Present: In the event solid rock is not present within the limits of the crossing and within a depth of 72 inches below the lowest elevation of the streambed, the required depth of cover shall be a minimum of 3 feet from the lowest point in the streambed to the top of the encasement. 2) Solid Rock is Present Across the Entire Streambed: In the event solid rock is present across thi3 entire limits of the crossing and within a depth of 72 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. 3) Solid Rock Present Across Only Part of the Streambed: In the event solid rock is present across only a portion of the streambed, the pipe shall be placed in accordance with either a or b above, whichever is the deeper, across the entire istreambed. c. Concrete Encasement: Where shown on the Drawings or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Drawings. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. EARTHWORK 02200 - 12 I d. 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. e. Backfilling 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. C. Coordinate backfilling with utilities testing. 1 D. Fill voids with approved backfill materials as shoring and bracing, and sheeting is removed. E. Place and compact final backfill of satisfactory soil material to final subgrade. F. Install warning tape directly above utilities, 18 inches below surface above the pipe, except 6 inches below subgrade under pavements and slabs. Tape shall be traceable by either conductive or inductive methods. I3.13 FILL A. Preparation: Remove vegetation, topsoil, debris, wet, and unsatisfactory soil materials, obstructions, and deleterious materials from ground surface prior to placing fills. v 1 1. Plow, strip, or break up sloped surfaces steeper than 1 vertical to 4 horizontal so fill material will bond with existing surf ace. B. When subgrade or existing ground surface to receive fill has a density less than that required for fill, break up ground surface to depth required, pulverize, moisture -condition or aerate soil and recompact to required density. C. Place fill material in layers to required elevations for each location listed below. 1. Under grass, use satisfactory excavated or borrow soil material. 2. Under walks and pavements, use subbase or base material, or I satisfactory excavated or borrow soil material. 3. Under steps and ramps, use subbase material. 4. Under building slabs, use drainage fill material. 5. Under footings and foundations, use engineered fill. 3.14 MOISTURE CONTROL A. Uniformly moisten or aerate subgrade and each subsequent fill or backfill layer before compaction to within 2 percent of optimum moislture content. 1 1 EARTHWORK 02200 - 13 1. Do not place backfill or fill material on surfaces that; are muddy, frozen, or contain frost or ice. 1 2. Remove and replace, or scarify and air-dry satisfactory soil material that is too wet to compact to specified density. 1 a. Stockpile or spread and dry removed wet satisfactory soil material. 3.15 COMPACTION 1 A. Place backfill and fill materials in layers not more than & inches in loose depth for material compacted by heavy compaction equipment, and not more than 4 inches in loose depth for material compacted by hand -operated tampers. B. Place backfill and fill materials evenly on all sides of structures to required 1 elevations. Place backfill and fill uniformly along the full length of each structure. 1 3.16 GRADING IA. General: Uniformly grade areas to a smooth surface, free from irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated. t3. Provide a smooth transition between existing adjacent grades and new grades. i 4. Cut out soft spots, fill low spots, and trim high spots to conform to required surface tolerances. B. Site Grading: Slope grades to direct water away from buildings and to prevent ponding. Finish subgrades to required elevations within the following tolerances: L I I I I [1 1. Lawn or Unpaved Areas: Plus or minus 0.10 foot. 2. Walks: Plus or minus 0.10 foot. 3. Pavements: Plus or minus 1/2 inch. C. Grading Inside Building Lines: Finish subgrade to a tolerance of 1/2 inch when tested with a 10 -foot straightedge. D. Finished Grading: After all structures have been completed and all backfills have been compacted, all areas on the project construction site which have been disturbed by Contractor shall be brought to true grade with a minimum of 4 inches of topsoil as specified elsewhere in these Specifications. E. Cleanup and Seeding 1. Sedimentation and Erosion Controls: Sediment and erosion controls are measures that address pollutants in storm water generated from the site during the time that construction activities are occurring. The requirement for these controls have three primary goals: 1) tco divert upslope water EARTHWORK 02200 - 14 I U I I I I Li I I I I I I I I around disturbed areas of the site; 2) to limit the exposure of disturbed areas to the shortest duration possible; and 3) to remove sediment from storm water before it leaves the site. a. Soil stabilization involves the covering of or maintaining an existing cover over soils which may include grass„ bark, mulch, straw, geotextiles, trees, vines or shrubs. Stabilization practices for exposed disturbed soils are extremely important while conducting construction activities. It is a requirement of the general storm water permit (Arkansas Water & Air Pollution Contrcl Act and Clean Water Act) that soil stabilization is to be initiated on disturbed areas as soon as practicable, but no more than 14 days after construction activity on a particular portion of the site has temporarily or permanently ceased. There are two exceptions to this requirement, as follow: 1) where construction activities will resume on a portion of the site within 21 days from when the construction activities ceased; and 2) where the initiation of stabilized measures is precluded by snow cover, in which case, stabilization measures must be initiated as soon as practicable. Vegetative cover serves to reduce the erosion potential by adsorbing the energy of raindrops, promoting infiltration in lieu of runoff, and reducing the velocity of runoff. Among the available vegetative controls for prevention of off - site sediment transport are the following: 1) Temporary Seeding: The establishment of vegetative cover for temporary stabilization during construction activities is to be accomplished by temporary seeding. 'This applies to areas initially disturbed by grading or clearing where work will not take place until some time later in the project. 2) Permanent Seeding: Permanent seeding is to be utilized to establish a sustainable ground cover at areas that are initially cleared or graded and will have no additional construction activities throughout the course of the project, and where specific phases of construction have been completed that have resulted in exposed unstable soils. 3) Mulching: Mulching is to be used in conjunction with both temporary and permanent seeding practices to enhance their success by providing erosion protection prior to the onset of vegetative growth. 4) Vegetative Buffer Zone: Vegetative buffer strips shall be maintained at the top and bottom of slopes outlining the area of construction or adjacent to streams or wetlands. These zones may consist of planted vegetation or preserved existing vegetation. 2. Work Included: The work to be included labor, equipment, tools, materials, supplies 1 completing cleanup of the entire work area pipeline work and for completing seeding, areas except those areas shown on the There is no separate pay item for clea shall consist of providing all and incidentals necessary for utilized for the construction of fertilizing and mulch of work Drawings not to be seeded. nup and this work shall be EARTHWORK 02200 - 15 1 Li I Li I I I L I 3. I II 1 I L I I considered subsidiary to the unit price bid for pipe. Cleanup shall be considered an essential part of this project. Adequate equipment and qualified personnel shall be committed to this phase of the work from the beginning of the project. A portion of the price bid for pipeline may be retained from periodic payment estimates of pipeline lengths for Incomplete work" commensurate with the Engineer's estimate of the cost of completing the cleanup and required seeding, fertilizing and mulching. There are generally four classifications of cleanup to be used on this project, as set out below: a. 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. b. Class II Cleanup: Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). c. 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. d. Special Cleanup: Unless otherwise noted below, no special cleanup will be required. Method of Cleanup: The method of cleanup for each of the classes defined above shall be as set out below. a. 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 by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 30% Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 10% 1) During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 251) pounds per acre, or approximately one-half pound per 10'0 square feet. No watering will be required. 2) Straw mulch consisting of good grade clean straw, free of woods or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 3) Where the existing ground cover does not contain any of the EARTHWORK 02200 - 16 1 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 1 shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type to complete the cleanup. b. Class II Cleanup - Fields, Meadows, Etc.: The trench shall be backfilled in accordance with the Pipe Specifications. After the • backfill Is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% 1) After the area has been accepted by the Engineer, the area 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. 2) Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. ' 3) Straw mulch consisting of good gradei clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. C. 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 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 EARTHWORK 02200 - 17 the better side of the existing adjacent right of way. 1) 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 IClass II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. " d. Special Cleanup: No special cleanup will be required on this project. '� e. All Areas: All work within the construction area shall be cleaned up to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. 1) 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 construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up i immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. ' 2) 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 Ito the Owner in accordance with the continuing responsibility provisions of these Specifications. If. Restoration of Damaged Surfaces and Property: Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, ;state laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 1 3.17 SUBBASE AND BASE COURSES A. Under pavements and walks, place subbase course material on prepared subgrades. Place base course material over subbases to pavements. B. Pavement Shoulders: Place shoulders along edges of subbase and base course to prevent lateral movement. Construct shoulders at least 12 inches wide of acceptable soil materials and compact simultaneously with each subbase and base layer. I EARTHWORK 02200 - 18 II 3.18 PROTECTION II A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris. II B. Repair and re-establish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or lose compaction due to subsequent construction operations or weather conditions. 11 1. Scarify or remove and replace material to depth directed by the Engineer; reshape and recompact at optimum moisture content to the required II density. C. Settling: Where settling occurs during the Project correction period, remove II finished surfacing, backfill with additional approved material, compact, and reconstruct surfacing. I1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to the greatest extent possible. IID. Utility Barrier Fence: Conwed diamond safety fence, or equal, orange, fluorescent, 4 foot high, will be used as a barrier as shown on Drawings. II 3.19 DISPOSAL OF SURPLUS AND WASTE MATERIALS IIA. Disposal: Transport surplus satisfactory soil to designated storage areas on the Owner's property. Stockpile or spread soil as directed by Engineer. II1. Remove waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off the Owner's property. IIEND OF SECTION 02200 11 I 11 II EARTHWORK 02200 - 19 11 SECTION 02511 - HOT -MIXED ASPHALT PAVING PART 1 - GENERAL 11 1.1 RELATED DOCUMENTS A. Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes provisions for hot -mixed asphalt paving over prepared subbase. B. Prepared subbase is specified in another Division 2 section. C. Proof rolling of prepared subbase is included in this Section. D. Saw -cutting of edges of existing pavement is specified in site -clearing section. 1.3 SUBMITTALS A.. General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. II B. Material Certificates signed by material producer and Contractor, certifying that each material item complies with or exceeds specified requirements. C. Pavement marking plan indicating lane separations and defined parking spaces. Note dedicated handicapped spaces with international graphics symbol. 1.4 SITE CONDITIONS A. Weather Limitations: Apply prime and tack coats when ambient temperature is above 50 deg F (10 deg C) and when temperature has not been below 35 deg F (1 deg C) for 12 hours immediately prior to application. Do not apply when base is wet or contains an excess of moisture. �� B. Construct hot -mixed asphalt surface course when atmospheric temperature is above 40 deg F (4 deg C) and when base is dry. Base course may be placed when air temperature is above 30 deg F (minus 1 deg C) and rising. 'I C. Grade Control: Establish and maintain required lines and elevations. HOT -MIXED ASPHALT PAVING 02511 - 1 PART 2 - PRODUCTS 2.1 MATERIALS A. General: Use locally available materials and gradations that exhibit a satisfactory record of previous installations, and submit to the City Engineer a materials certification giving the stability, gradation, asphalt content, and maximum theoretical density of the mix. The mineral aggregate for dense - graded hot -mix binder and surface courses shall consist of a natural or artificial mixture of gravel or crushed stone and stone screenings, sand, and other finely divided mineral matter, so proportioned as to meet all applicable requirements of the Arkansas Highway and Transportation Department Standard Specifications for Highway Construction, Edition of 1993. 1. Mineral aggregates shall be uniformly well -graded from coarse to fine, and free from lumps of foreign material. They shall also be free from adherent films of clay that will prevent thorough coating with asphalt material. The fraction passing the #40 sieve shall have a plasticity index not greater than 4. For asphalt concrete hot -mixes, a minimum of 65% of the total aggregate shall be produced from larger particles by crushing. 2. All surface courses serving as wearing courses in travel lanes on AHTD or City of Fayetteville right-of-way, and not covered with a friction course, shall contain not more than 60% limestone aggregate in the coarse mineral aggregate fraction. When limestone is the primary coarse mineral aggregate, crushed sandstone, crushed siliceous gravel, syenite, novaculite, or crushed slag shall be used as the remaining coarse mineral aggregate fraction. The portion retained on the #10 sieve shall have an insoluble residue of not less than 85% when tested in a 1:1 solution of hydrochloric acid and water in accordance with AHTD Test Method 306. All other asphaltic surfaces may contain more than 60% limestone aggregate in the coarse mineral aggregate fraction. B. Coarse Aggregate: The coarse aggregate is that fraction retained on the #10 sieve and shall consist of crushed stone or crushed gravel. 1. Crushed stone shall consist of clean, hard, durable fragments of rock of uniform quality, free from an excess of soft particles. The stone shall have a percent of wear by the Los Angeles Test (AASHTO T 96) not greater than 40, and when subjected to 5 cycles of the Sodium Sulfate Soundness Test (AASHTO T 104) the loss shall not exceed 12%. 2. Crushed gravel shall consist of clean, hard, durable aggregate free from an excess of soft particles in which at least 98% of the particles retained on the #10 sieve have been produced from larger particles by crushing operations. The gravel shall have a percent of wear by the Los Angeles Test (AASHTO T 96) not greater than 40. C. Fine Aggregate: Fine aggregate is that fraction passing the #10 sieve, and shall consist of clean, hard, durable particles of natural or manufactured sand or combinations of the two. Natural sand shall meet the requirements of AASHTO M 145 except a maximum of 35% may pass the #200 sieve. If two or more materials are combined to produce a sand, each material must comply HOT -MIXED ASPHALT PAVING 02511 - 2 IIwith this requirement. II 1. The fine aggregate may contain a maximum of 2.0% coal and lignite by weight of the fine aggregate. When deemed necessary by visual observation, the amount of coal and lignite will be determined in accordance with AASHTO T 113. D. Mineral Filler: Mineral filler shall comply with the requirements of AASHTO M '` 17. E. Asphalt Cement: Asphalt cement shall be in accordance with AASHTO M 226 'I and shall meet all the requirements of Section 409.02, Asphalt Cement, in the 1993 AHTD Standard Specifications. Specific physical requirements to be met are those set forth in Table II of AASHTO M 226, with the further provision that IIthe ductility for all grades of asphalt cement shall be a minimum of 100 cm and f all grades of asphalt cement shall have a negative spot as determined by the Spot Test. 'I F. Prime Coat: Medium curing cut -back asphalt of the grade designated shall conform to the requirements of AASHTO M 82. This material shall be produced ' by fluxing an asphalt base with suitable petroleum distillates. It shall be homogeneous, free from water, shall show no separation or curdling prior to use, and shall not foam when heated to application temperature. Cut -back II asphalt types MC -30, MC -70 or MC -250 can be considered for application. These cut -back asphalts shall meet the requirements of Section 403.03, Asphalt Materials, in the 1993 AHTD Standard Specifications. IG. Emulsified Petroleum Resin: TEST REQUIREMENTS MIN. MAX. II TESTS ON EMULSION (CONCENTRATE) II Saybolt Furol Viscosity at 77°F, sec. 14 60 Storage Stability, 24 hour, % 0.5 Sieve Test, % (a) -- 0.1 If Residue by Evaporation, % (b) 60 -- Particle Charge Test Positive II TESTS ON RESIDUE Flash Point, COC (F) 410 -- Viscosity at 140°F (cSt) 350 650 IiAniline Point (F) 85 135 '� (a) Distilled water shall be used in place of 2% with sodium oleate solution. (b) Residue by evaporation shall be in accordance with AASHTO T-59 I with the exception that a 50g sample is heated to 149°C (300°F) until foaming ceases, then cooling immediately and calculating results. II HOT -MIXED ASPHALT PAVING 02511 - 3 II II NOTE 1: Emulsified petroleum resin (EPR-1) may be shipped to the IContractor in the concentrated form and will then be blended with the f appropriate amount of water prior to use. ' NOTE 2: Emulsified petroleum resin (EPR-1) may be substituted for cut back asphalts and emulsified asphalts specified for use as a prime or curing seal for granular courses, mechanically stabilized courses and Icement of lime -fly ash treated courses. Condition of Approval: (a) Maximum Field Dilution Rate - three parts II water to one part emulsified petroleum resin concentrate (EPR-1). (Note: Verification sample to be obtained prior to dilution.) (b) Minimum Required Application Rate - 0.30 gallons per sq. yd. 'I NOTE 3: Sanding or blotting will normally not be required when emulsified petroleum resin 1 is used. II H. Tack Coat: Emulsified asphalt shall be homogeneous. It shall show no separation of asphalt after thorough mixing, within 30 days after delivery, provided separation has not been caused by freezing. Emulsified asphalt shall 'I meet the requirements of Section 403.03, Asphalt Materials, in the 1993 AHTD Standard Specifications. '1 I. Lane Marking Paint: The paint shall be a ready -mixed alkyd resin, white and yellow paint suitable for application on concrete and bituminous pavements. The color blue shall be used to designate all handicap parking spaces and shall '� conform to the latest Rules and Regulations of the Federal Register for ADA Accessibility Guidelines. The color red shall be used to designate fire lanes. I1. The paint shall have the property of angular reflectivity and shall be suitable as a binding medium for glass beads on the surface of the wet paint in the amount of not less than 6 pounds per gallon. It shall be I homogeneous and well ground, shall not settle badly, and shall be readily broken up with a paddle to a smooth, uniform consistency. It shall be free from water or foreign matter and shall dry within the specified time to a tough serviceable film. The paint shall be properly strained during the 'I final filling of containers and not more than 1% of coarse particles and skins shall be retained on a #325 sieve when tested according to Method 4092 of Federal Test Method Standard No. 141 B. I 2. All materials shall meet the performance requirements of the Federal Spec. TT -P -115F Type 1. 1I 2.2 ASPHALT -AGGREGATE MIXTURE A. Asphalt Concrete Hot -Mix Binder Course: The binder course shall be II composed of mineral aggregate, asphalt cement, and any required additives proportioned to meet the requirements for design of asphalt concrete course mixtures as follows: 1) a minimum 50 blow Marshall stability of 1,000 pounds; '• 2) a flow of 8 to 16 (measured in .01 inches); 3) 2-5% air voids; 4) minimum 13% VMA; 5) minimum water sensitivity ratio of 75%; and 6) percent of anti - strip as needed. HOT -MIXED ASPHALT PAVING 02511 - 4 II I I 1. The mineral aggregate in Type 2 binder course shall contain, if required by laboratory mix design, mineral filler complying with the physical requirements of AASHTO M 17. In addition, these mixes shall contain a heat stable anti -strip additive if required by laboratory mix design. The exact quantities of these additives to be incorporated in the mixes will be determined by the laboratory mix design. B. Asphalt Concrete Hot -Mix Surface Course: The surface course shall be composed of mineral aggregate, asphalt cement, and any required additives proportioned to meet the requirements for design of asphalt concrete course mixtures as follows: 1) a minimum 50 blow Marshall stability of 1,000 pounds; 2) a flow of 8 to 16 (measured in .01 inches); 3) 2-5% air voids; 4) minimum 13% VMA; 5) minimum water sensitivity ratio of 75%; and 6) percent of anti - strip as needed. The mineral aggregate in Type 3 surface courses shall contain, if required by laboratory mix design, mineral filler complying with the physical requirements of AASHTO M 17. In addition, these mixes shall contain a heat stable anti -strip additive if required by laboratory mix design. The exact quantities of these additives to be incorporated in the mixes will be as determined by the laboratory mix design. PART 3- EXECUTION 3.1 SURFACE PREPARATION A. General: Proof -roll prepared subbase surface to check for unstable areas and areas requiring additional compaction. Notify Contractor of unsatisfactory conditions. Do not begin paving work until deficient subbase areas have been corrected and are ready to receive paving. 1. The surface to be treated with prime, emulsified petroleum resin, or tack coat shall be cleaned of dust, dirt, and loose or foreign material by sweeping with mechanical brooms immediately preceding the application of the prime or tack coat. Care shall be taken to clean but not loosen or dislodge the embedded aggregate in base courses. Patches of asphalt, dirt, or other material which does not form an integral part of the surface to be treated shall be removed. 2. The cleaning operations shall be carried only far enough in advance of the application of the asphalt material to ensure the surface being properly prepared at the time of application. B. Prime Coat: After the surface to be treated has been prepared as outlined above, the asphalt material for the prime coat shall be sprayed uniformly over the surface by means of an approved mechanical pressure distributor in accordance with Section 304 of the AHTD Standard Specifications at the rate of 0.15 to 0.25 gallons per square yard for medium curing cut -back asphalt (MC -30, MC -70 or MC -250), or at the rate of 0.30 to 0.35 gallons per square yard for an acceptable emulsified petroleum resin (i.e., EPR-1). I1HOT -MIXED ASPHALT PAVING 02511 - 5 E 1. Apply material to penetrate and seal, but not flood the surface. Surplus 'I asphalt material collected in surface depressions shall be removed. 2. Following the application of the prime coat, the driving surface will be closed to traffic, if practicable, for a period of time sufficient to allow the proper curing of asphalt coating. Prime coat shall be allowed to cure a minimum of three days before any successive application of asphalt material. The cure and dry stage of the prime shall be as long as ' necessary to attain penetration and evaporation of volatile. No material for a succeeding course shall be placed on a primed base course until the prime coat has cured sufficiently to prevent damage by hauling ' operations. 3. Prime coat shall not be applied when the air temperature is below 45 deg. F, nor shall it be applied to a surface having excess moisture, nor when 'I general weather conditions are not suitable. Special precautions shall be observed to ensure a uniform distribution of the asphalt material. The distributor shall be so adjusted and operated as to distribute evenly the material being applied. Deposits of asphalt material upon the road 11 surface in excess of the quantity specified, caused by stopping or starting the distributor, by overflow, leakage, or otherwise, shall be removed. 4. The asphalt material shall be applied at the temperature specified in Section 403 of the AHTD Standard Specifications or at the recommended manufacturer's application temperature for the emulsified asphalt prime substitute. The distributor shall be operated at a pressure of not less than 30 nor more than 70 psi. The Contractor shall provide the necessary facilities for determining the temperature of the asphalt material in the heating equipment and in the distributor, for determining the rate of if application, and for securing uniformity of distribution at longitudinal and transverse joints. 5. If the primed surface becomes damaged, such areas shall be cleaned or patched and retreated at no cost to the Owner. " 6. At the Contractor's option, emulsified petroleum resin (i.e., EPR-1) in base course, constructed in accordance with the manufacturer's ■i recommendations may be substituted in lieu of prime coat. C. Tack Coat: When an asphalt course is to be laid on an asphalt or concrete surface, a tack coat shall be applied prior to placing the course. The tack coat ,f shall be applied by means of a pressure distributor in the same manner as outlined above for the application of prime coat. When emulsified asphalt is ' used it shall be diluted with water as directed. The asphalt material shall be applied at the temperature specified in Section 403 of the AHTD Standard Specifications. The rate of application shall be from 0.03 to 0.10 gallons per II square yard as conditions warrant. The tack coat shall be applied sufficiently in advance of the asphalt course to allow the proper curing of the asphalt material but shall not be applied so far in advance as to lose its adhesiveness as a result of being covered with dust or foreign material. If the tack coat 'I becomes damaged or covered with foreign material, such areas shall be cleaned as necessary and retreated at no cost to the Owner. II 1. Exercise care in applying prime and/or tack materials to avoid smearing ` of adjoining surfaces. Remove and clean any surfaces damaged from prime and/or tack application. 2. A tack coat shall be used between succeeding asphalt layers. itHOT -MIXED ASPHALT PAVING 02511 - 6 3.2 PLACING MIX 1l 'I I I I I [TI I A. General: The methods employed in performing the work and the equipment, tools, and the plant machinery used in executing the work shall be subject to a review of the Engineer before the work is started. The equipment, tools, and plant machinery must be maintained in a satisfactory working condition. The plant and equipment shall comply with the requirements of Section 409 of the 1993 AHTD Standard Specifications. Place hot -mixed asphalt mixture on prepared surface, spread, and strike off. Spread mixture at minimum temperature of 250 deg F. Place areas inaccessible to equipment by hand. Place each course to required grade, cross-section, and compacted thickness. B. Paver Placing: Place in strips not less than 10 feet wide, unless otherwise acceptable to the Engineer. After first strip has been placed and rolled, place succeeding strips and extend rolling to overlap previous strips. Complete base course for a section before placing surface course. C. Immediately correct surface irregularities in finish course behind paver. Remove excess material forming high spots with shovel or lute. D. Joints: Make joints between old and new pavements, or between successive days' work, to ensure continuous bond between adjoining work. Construct joints to have same texture, density, and smoothness as other sections of hot -mixed asphalt course. Clean contact surfaces and apply tack coat. 3.3 ROLLING A. General: Begin rolling when mixture will bear roller weight without excessive displacement. In no case shall the speed of any roller exceed three miles per hour. It a vibratory roller is used for compaction, special care shall be taken not to decompact the mixture by over -rolling. B. Compact mixture with hot hand tampers or vibrating plate compactors in areas inaccessible to rollers. � ; C. Breakdown Rolling: Accomplish breakdown or initial rolling immediately following rolling of joints and outside edge. Check surface after breakdown rolling and repair displaced areas by loosening and filling, if required, with hot material. al D. Second Rolling: Follow breakdown rolling as soon as possible, while mixture I. is hot. Continue second rolling until mixture has been evenly compacted. I E. Finish Rolling: Perform finish rolling while mixture is still warm enough for removal of roller marks. Continue rolling until roller marks are eliminated and course has attained 95 percent laboratory density. 1 F. Patching: Remove and replace paving areas mixed with foreign materials and I HOT -MIXED ASPHALT PAVING 02511 - 7 defective areas. Cut out such areas and fill with fresh, hot hot -mixed asphalt. Compact by rolling to specified surface density and smoothness. ' G. Protection: After final rolling, do not permit vehicular traffic on pavement until it has cooled and hardened. H. Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked. I 3.4 TRAFFIC AND LANE MARKINGS A. Cleaning: Sweep and clean surface to eliminate loose material and dust. B. Striping: Use alkyd -resin traffic lane -marking paint, factory -mixed, quick -drying, and nonbleeding. C. Do not apply traffic and lane marking paint until layout and placement have been verified with the Engineer. D. Apply paint with mechanical equipment to produce uniform straight edges. Apply at manufacturer's recommended rates to provide a minimum of 15 mils dry thickness. 3.5 FIELD QUALITY CONTROL • A. General: Testing in -place hot -mixed asphalt courses for compliance with requirements for thickness and surface smoothness will be done by Owner's testing laboratory. Repair or remove and replace unacceptable paving as directed by the Engineer. B. Thickness: In -place compacted thickness tested in accordance with ASTM D 3549 will not be acceptable if exceeding following allowable variations: i 1. Base Course: Plus or minus 1/2 inch. 2. Surface Course: Plus or minus 1/4 inch. C. Surface Smoothness: Test finished surface of each hot -mixed asphalt course I, for smoothness, using 10 -foot straightedge applied parallel with and at right angles to centerline of paved area. Surfaces will not be acceptable if exceeding the following tolerances for smoothness: 1. Base Course Surface: 1/4 inch. 2. Wearing Course Surface: 3/16 inch. '3. Crowned Surfaces: Test with crowned template centered and at right ` angle to crown. Maximum allowable variance from template is 1/4 inch. D. Check surface areas at intervals as directed by the Engineer. END OF SECTION 02511 I HOT -MIXED ASPHALT PAVING 02511 -8 I I. SECTION 02520 - PORTLAND CEMENT CONCRETE PAVING 1 PART 1 - GENERAL I 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this IISection. 1.2 SUMMARY A. This Section Includes exterior portland cement concrete paving for the following: 1. Roadways. 2. Parking lots. 3. Curbs and gutters. 4. Walkways. B. Related Sections: The following Sections contain requirements that relate to this Section: 1. Division 2 Section "Earthwork" for subgrade preparation, grading and subbase course. 2. Division 7 Section "Paving Joint Sealants" for joint fillers and sealants within concrete paving and at joints with adjacent construction. I 1.3 SUBMITTALS A. General: Submit the following according to the Conditions of the Contract and Division 1 Specification Sections. B. Product data for proprietary materials and items, Including reinforcement and forming accessories, admixtures, joint systems, curing compounds, dry -shake finish materials, and others if requested by Engineer. C. Design mixes for each class of concrete. Include revised mix proportions when • characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments. 1 D. Laboratory test reports for evaluation of concrete materials and mix design tests. E. Material certificates in lieu of material laboratory test reports when permitted by Engineer. Material certificates shall be signed by manufacturer and Contractor certifying that each material item complies with or exceeds requirements. PORTLAND CEMENT CONCRETE PAVING 02520 - 1 [_' Provide certification from admixture manufacturers that chloride content complies with requirements. F. Minutes of preinstallation conference. 1.4 QUALITY ASSURANCE A. Concrete Standards: Comply with provisions of the following standards, except where more stringent requirements are indicated. 1. American Concrete Institute (ACI) 301, "Specifications for Structural Concrete for Buildings." 2. ACI 318, "Building Code Requirements for Reinforced Concrete." 3. Concrete Reinforcing Steel Institute (CRSI) "Manual of Standard Practice." 1 B. Concrete Manufacturer Qualifications: Manufacturer of ready -mixed concrete products complying with ASTM C 94 requirements for production facilities and equipment. C. Concrete Testing Service: Engage a qualified independent testing agency to perform materials evaluation tests and to design concrete mixes. D. Field -Constructed Mockup: Cast mockup of size indicated or as required to demonstrate typical joints, surface finish, texture, color, and standard of workmanship. 1. When the Engineer determines that mockup does not meet requirements, demolish and remove it from the site and cast another'until the mockup is accepted. 2. Keep accepted mockup undisturbed during construction as a standard for judging completed paving. Undamaged mockup may be incorporated into the Work. 3. Demolish accepted mockup and remove from site when directed by the Engineer. • E. Preinstallation Conference: Conduct conference at Project site to comply with • requirements of Division 1 Section "Project Meetings" and the following: 1. Before installing portland cement concrete paving, meet with representatives of authorities having jurisdiction, Owner, Engineer, consultants, independent testing agency, and other concerned entities to review requirements. Notify participants at least 3 working days before conference. I 1.5 PROJECT CONDITIONS A. Traffic Control: Maintain access for vehicular and pedestrian traffic as required for other construction activities. PORTLAND CEMENT CONCRETE PAVING 02520-2 I I IPART 2 - PRODUCTS 2.1 FORMS A. Form Materials: Plywood, metal, metal -framed plywood, or other acceptable panel -type materials to provide full -depth, continuous, straight, smooth exposed surfaces. 1. Use flexible or curved forms for curves of a 100 -foot or less radius. B. Form Release Agent: Provide commercial formulation form -release agent with a maximum of 350 g/L volatile organic compounds (VOCs) that will not bond with, stain, or adversely affect concrete surfaces and will not Impair subsequent treatments of concrete surfaces. 2.2 REINFORCING MATERIALS A. Reinforcing Bars and Tie Bars: ASTM A 615, Grade 60, deformed. B. Joint Dowel Bars: Plain steel bars, ASTM A 615, Grade 60. Cut bars true to length with ends square and free of burrs. C. Hook Bolts: ASTM A 307, Grade A bolts, internally and externally threaded. Design hook bolt joint assembly to hold coupling against pavement form and in position during concreting operations, and to permit removal without damage to concrete or hook bolt. D. Supports for Reinforcement: Chairs, spacers, dowel bar supports and other devices for spacing, supporting, and fastening reinforcing bars, welded wire fabric, and dowels in place. Use wire bar -type supports complying with CRSI specifications. 1. Use supports with sand plates or horizontal runners where base material a will not support chair legs. 1 2.3 CONCRETE MATERIALS A. Portland Cement: ASTM C 150, Type I. 1. Use one brand of cement throughout Project unless otherwise acceptable Ito Engineer. B. Normal -Weight Aggregates: ASTM C 33, Class 4, and as follows. Provide aggregates from a single source. 1. Maximum Aggregate Size: 1-1/2 inches. 2. Do not use fine or coarse aggregates that contain substances that cause PORTLAND CEMENT CONCRETE PAVING 02520 - 3 I I I I I I Li f[ Li El Li rI I J I I I spalling. 3. Local aggregates not complying with ASTM C 33 that have been shown to produce concrete of adequate strength and durability by special tests or actual service may be used when acceptable to Engineer. C. Water: Potable. 2.4 ADMIXTURES A. Provide concrete admixtures that contain not more than 0.1 percent chloride Ions. B. Air -Entraining Admixture: ASTM C 260, certified by manufacturer to be compatible with other required admixtures. C. Water -Reducing Admixture: ASTM C 494, Type A. D. High -Range Water -Reducing Admixture: ASTM C 494, Type F or Type G. E. Water -Reducing and Accelerating Admixture: ASTM C 494, Type E. F. Water -Reducing and Retarding Admixture: ASTM C 494, Type D. G. Available Products: Subject to compliance with requirements, products that may be Incorporated In the Work include, but are not limited to, the following: 1. Air -Entraining Admixture: a. Air-Tite or Amex 210; Cormix Construction Chemicals. b. Air -Mix or Perma-Air; Euclid Chemical Co. c. Darex AEA or Daravair; W.R. Grace & Co. d. MB -VA or Micro -Air; Master Builders, Inc. e. Sealtight AEA; W.R. Meadows, Inc. f. Sika AER; Sika Corp. 2. Water -Reducing Admixture: a. Chemtard; ChemMasters Corp. b. Type A Series; Cormix Construction Chemicals. c. Eucon WR-75; Euclid Chemical Co. d. WRDA; W.R. Grace & Co. e. Pozzolith Normal or Polyheed; Master Builders, Inc. f. Metco W.R.; Metalcrete Industries. g. Plastocrete 161; Sika Corp. 3. High -Range Water -Reducing Admixture: a. Super P; Anti -Hydro Co., Inc. b. Cormix 2000, PSI Super, Chemicals. or Melmet; Cormix Construction IPORTLAND CEMENT CONCRETE PAVING 02520 - 4 c. Eucon 37; Euclid Chemical Co. d. WRDA 19 or Daracem; W.R. Grace & Co. e. Rheobuild or Polyheed; Master Builders, Inc. f. Superslump; Metalcrete Industries. g. Sikament 300; Sika Corp. 4. Water -Reducing and Accelerating Admixture: 1 a. Q -Set; Conspec Marketing & Manufacturing Co. b. Gilco Accelerator or Lub NCA; Cormix Construction Chemicals. IC. Accelguard 80; Euclid Chemical Co. d. Daraset; W.R. Grace & Co. e. Pozzutec 20; Master Builders, Inc. f. Accel-Set; Metalcrete Industries. 5. Water -Reducing and Retarding Admixture: a. Type D Series; Cormix Construction Chemicals. b. Eucon Retarder 75; Euclid Chemical Co. c. Daratard-17; W.R. Grace & Co. d. Pozzolith R; Master Builders, Inc. e. Plastiment; Sika Corporation. 2.5 CURING MATERIALS A. Absorptive Cover: Burlap cloth made from jute or kenaf, weighing approximately 9 oz. per sq. yd., complying with AASHTO M 182, Class 2. B. Moisture -Retaining Cover: One of the following, complying with ASTM C 171. 6. Waterproof paper. 7. Polyethylene film. 8. White burlap -polyethylene sheet. C. Clear Solvent -Borne Liquid Membrane -Forming Curing Compound: ASTM C 309, Type I, Class A or B, wax free. D. Clear Waterborne Membrane -Forming Curing Compound: ASTM C 309, Type I, Class B. 1. Provide material that has a maximum volatile organic compound (VOC) rating of 350 g/L. E. Evaporation Control: Monomolecular film -forming compound applied to exposed concrete slab surfaces for temporary protection from rapid moisture loss. F. Available Products: Subject to compliance with requirements, products that may be Incorporated in the Work Include, but are not limited to, the following: PORTLAND CEMENT CONCRETE PAVING 02520-5 I 1. Cl a. b. C. e. I g. h. IL 1f k. I. m. aar Solvent -Borne Liquid Membrane -Forming Curing Compound: Clear Cure; Anti -Hydro Co., Inc. Spartan -Cote; The Burke Co. All Resin; Conspec Marketing & Mfg. Co. Sealco 309; Cormix Construction Chemicals. Day -Chem Cure and Seal; Dayton Superior Corp. Diamond Clear; Euclid Chemical Co. #64 Resin Cure -Clear; Lambert Corp. L&M Cure R; L&M Construction Chemicals, Inc. Masterkure; Master Builders, Inc. 3100 Series; W.R. Meadows, Inc. Seal N Kure; Metalcrete Industries. Kure -N -Seal; Sonneborn-Chemrex. Horn Clear Seal; Tamms/A.C. Horn. 2. Clear Waterborne Membrane -Forming Curing Compound: a. Clear Cure Water Base; Anti -Hydro Co., Inc. I b. Spartan Cote WB; The Burke Co. c. W.B. Resin Cure; Conspec Marketing and Mfg. Co. d. Sealco VOC; Cormix Construction Chemicals. e. Safe Cure and Seal (J-18); Dayton Superior Corp. f. Diamond Clear VOX; Euclid Chemical Co. g. Aqua Kure -Clear; Lambert Corp. h. Dress & Seal #22 WB; L&M Construction Chemicals, Inc. 1. Masterkure 100W; Master Builders, Inc. J. 1100 Clear Series; W.R. Meadows, Inc. k. Metcure; Metalcrete Industries. I. Kure -N -Seal WB; Sonneborn-Chemrex. m. Horncure 100; Tamms/A.C. Horn. 3. Evaporation Control: U I I b. c. e. 2.6 RELATED M Aquafilm; Conspec Marketing and Mfg. Co. Eucobar; Euclid Chemical Co. E -Con; L&M Construction Chemicals, Inc. Confilm; Master Builders, Inc. Waterhold; Metalcrete Industries. ATERIALS A. Traffic Paint: Alkyd -resin ready -mixed, complying with AASHTO M 248, Type N. 1. Color: White. 2. Color: Yellow. 3. Color: Blue for handicap parking symbols. 4. Color: Red for fire lane. IPORTLAND CEMENT CONCRETE PAVING 02520 - 6 B. Bonding Agent: Acrylic or styrene butadiene. C. Epoxy Adhesive: ASTM C 881, two -component material suitable for dry or damp surfaces. Provide material type, grade, and class to suit requirements. D. Available Products: Subject to compliance with requirements, products that may be incorporated in the Work include, but are not limited to, the following: 1. Bonding Agent: 1 a. b. C. S. f. g. h. . I. k I. 2. Er a. b. C. d. e. f. g. h. i. Acrylic Bondcrete; The Burke Co. Strongbond; Conspec Marketing and Mfg. Co. Day -Chem Ad Bond (J-40); Dayton Superior Corp. SBR Latex; Euclid Chemical Co. Daraweld C; W.R. Grace & Co. Everbond; L&M Construction Chemicals, Inc. Acryl-Set; Master Builders Inc. Intralok; W.R. Meadows, Inc. Acrylpave; Metalcrete Industries. Sonocrete; Sonneborn-Chemrex. Stonlock LB2; Stonhard, Inc. Strong Bond; Symons Corp. 'oxy Adhesive: Burke Epoxy M.V.; The Burke Co. Spec -Bond 100; Conspec Marketing and Mfg. Co. Resi-Bond (J-58); Dayton Superior. Euco Epoxy System #452 or #620; Euclid Chemical Co. Concresive Standard Liquid; Master Builders, Inc. Rezi-Weld 1000; W.R. Meadows, Inc. Metco Hi -Mod Epoxy; Metalcrete Industries. Sikadur 32 Hi -Mod; Sika Corp. R-600 Series; Symons Corp. Epoxtite Binder 2390; Tamms/A.C. Horn, Inc. 2.7 CONCRETE MIX A. Prepare design mixes for each type and strength of normal -weight concrete by either laboratory trial batch or field experience methods as specified in ACI 301. For the trial batch method, use a qualified independent testing agency for preparing and reporting proposed mix designs. 1. Do not use the Owner's field quality -control testing agency as the independent testing agency. IB. Proportion mixes according to ACI 211.1 and ACI 301 to provide normal -weight concrete with the following properties: 1. Compressive Strength (28 -Day): 3500 psi, Portland cement design mix, PORTLAND CEMENT CONCRETE PAVING 02520 - 7 and a minimum of 6 bags of cement per cubic yard. 2. Maximum Water -Cement Ratio at Point of Placement: 0.45. 3. Slump Limit at Point of Placement: 2-4 inches. a. Slump limit for concrete containing high -range water -reducing admixture (superplasticizer): Not more than 8 inches after adding admixture to site -verified 2 -to -4 -inch slump concrete. C. Add air -entraining admixture at manufacturer's prescribed rate to result in concrete at point of placement having an air content as follows with a tolerance of plus or minus 1-1/2 percent: 1 1. Air Content: 5 to 7 percent for 1 -1/2 -inch maximum aggregate. D. Adjustment to Concrete Mixes: Mix design adjustments may be requested by Contractor when characteristics of materials, project conditions, weather, test results, or other circumstances warrant. 2.8 CONCRETE MIXING A. Ready -Mixed Concrete: Comply with requirements and with ASTM C 94. El I 9 11 J 1. When air temperature is between 85 dog F (30 deg C) and 90 deg F (32 deg C), reduce mixing and delivery time from 1-1/2 hours to 75 minutes; when air temperature Is above 90 deg F (32 deg C), reduce mixing and delivery time to 60 minutes. PART 3 - EXECUTION 3.1 SURFACE PREPARATION A. Proof -roll prepared subbase surface to check for unstable areas and verity need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive paving. B. Remove loose material from compacted subbase surface immediately before placing concrete. 3.2 EDGE FORMS AND SCREED CONSTRUCTION A. Set, brace, and secure edge forms, bulkheads, and intermediate screed guides for paving to required lines, grades, and elevations. Install forms to allow continuous progress of work and so that forms can remain in place at least 24 hours after concrete placement. B. Check completed formwork and screeds for grade and alignment to following tolerances: PORTLAND CEMENT CONCRETE PAVING 02520 - 8 I 1. Top of Forms: Not more than 1/8 inch In 10 feet. 2. Vertical Face on Longitudinal Axis: Not more than 1/4 inch in 10 feet. C. Clean forms after each use and coat with form release agent as required to ensure separation from concrete without damage. 3.3 PLACING REINFORCEMENT A. General: Comply with Concrete Reinforcing Steel Institute's recommended practice for "Placing Reinforcing Bars" for placing and supporting reinforcement. B. Clean reinforcement of loose rust and mill scale, earth, Ice, or other bond - reducing materials. C. Arrange, space, and securely tie bars and bar supports to hold reinforcement I In position during concrete placement. Maintain minimum cover to reinforcement. D. Install fabricated bar mats in lengths as long as practicable. Handle units to keep them flat and free of distortions. Straighten bends, kinks, and other irregularities or replace units as required before placement. Set mats for a minimum 2 -Inch overlap to adjacent mats. 3.4 JOINTS A. General: Construct contraction, construction, and isolation joints true to line with faces perpendicular to surface plane of concrete. Construct transverse joints at right angles to the centerline, unless indicated otherwise. 1. When Joining existing paving, place transverse joints to align with r previously placed joints, unless indicated otherwise. B. Contraction Joints: Provide weakened -plane contraction joints, sectioning concrete into areas as shown on Drawings. Construct contraction Joints for a depth equal to at least 1/4 of the concrete thickness, as follows: 1. Sawed Joints: Form contraction Joints with power saws equipped with shatterproof abrasive or diamond -rimmed blades. Cut a minimum of 1/8 - Inch -wide joints into hardened concrete when cutting action will not tear, I abrade, or otherwise damage surface and before development of random contraction cracks. See Joint details for depth and width of contraction joints. C. Construction Joints: Set construction joints at side and end terminations of paving and at locations where paving operations are stopped for more than 1/2 1 hour, unless paving terminates at isolation joints. 1. Provide preformed galvanized steel or plastic keyway -section forms or PORTLAND CEMENT CONCRETE PAVING 02520 - 9 1 bulkhead forms with keys, unless indicated otherwise. Embed keys at least 1-1/2 inches into concrete. 2. Continue reinforcement across construction joints unless indicated otherwise. Do not continue reinforcement through sides of strip paving unless indicated. 3. Provide tie bars at sides of paving strips where indicated. 4. Use bonding agent on existing concrete surfaces that will be joined with fresh concrete. D. Expansion Joints: Form expansion joints of preformed joint filler strips abutting concrete curbs, catch basins, manholes, Inlets, structures, walks, other fixed objects, and where indicated. 1. Locate expansion joints at intervals of 50 feet, unless indicated otherwise. 2. Extend Joint fillers full width and depth of joint, not less than 1/2 inch or more than 1 inch below finished surface where joint sealant is indicated. Place top of Joint filler flush with finished concrete surface when no joint sealant is required. 3. Furnish joint fillers in one-piece lengths for full width being placed wherever possible. Where more than one length is required, lace or clip joint filler sections together. 4. Protect top edge of joint filler during concrete placement with a metal, plastic, or other temporary preformed cap. Remove protective cap after concrete has been placed on both sides of Joint. E. Installation of joint fillers and sealants is specified in Division 7 Section "Paving Joint Sealants." F. Install dowel bars and support assemblies at joints where indicated. Lubricate or asphalt -coat one half of dowel length to prevent concrete bonding to one side of joint. 1 3.5 CONCRETE PLACEMENT A. Inspection: Before placing concrete, inspect and complete formwork installation, reinforcing steel, and items to be embedded or cast In. Notify other trades to permit installation of their work. B. Remove snow, ice, or frost from subbase surface and reinforcing before placing concrete. Do not place concrete on surfaces that are frozen. C. Moisten subbase to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are at the required finish elevation and alignment. D. Comply with requirements and with ACI 304R for measuring, mixing, transporting, and placing concrete. E. Deposit and spread concrete In a continuous operation between transverse joints. Do not push or drag concrete into place or use vibrators to move PORTLAND CEMENT CONCRETE PAVING 02520 - 10 I concrete Into place. 1. When concrete placing is interrupted for more than 1/2 hour, place a construction joint. F. Use a bonding agent at locations where fresh concrete is placed against hardened or partially hardened concrete surfaces. G. Consolidate concrete by mechanical vibrating equipment supplemented by hand -spading, rodding, or tamping. Use equipment and procedures to consolidate concrete complying with ACI 309R. 1 1. Consolidate concrete along face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square -faced shovels for hand - spreading and consolidation. Consolidate with care to prevent dislocating reinforcing, dowels, and joint devices. H. Screed paved surfaces with a straightedge and strike off. Use bull floats or darbies to form a smooth surface plane before excess moisture or bleed water appears on the surface. Do not further disturb concrete surfaces prior to beginning finishing operations. I. Curbs and Gutters: When automatic machine placement Is used for curb and gutter placement, submit revised mix design and laboratory test results that meet or exceed requirements. Produce curbs and gutters to required cross 1 section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete. J. Slip -Form Pavers: When automatic machine placement is `used for paving, submit revised mix design and laboratory test results that meet or exceed requirements. Produce paving to required thickness, lines, grades, finish, and jointing as required for formed paving. 1. Compact subbase and prepare subgrade of sufficient width to prevent displacement of paver machine during operations. K. When adjoining pavement lanes are placed in separate pours, do not operate equipment on concrete until pavement has attained 85 percent of its 28 -day compressive strength. L. Cold -Weather Placement: Comply with provisions of AC1306R and as follows. Protect concrete work from physical damage or reduced strength that could be caused by frost, freezing actions, or low temperatures. 1. When air temperature has fallen to or is expected to fall below 40 deg F (4 deg C), uniformly heat water and aggregates before mixing to obtain a concrete mixture temperature of not less than 50 deg F (10 deg C) and not more than 80 deg F (27 deg C) at point of placement. 2. Do not use frozen materials or materials containing ice or snow. 3. Do not use calcium chloride, salt, or other materials containing antifreeze PORTLAND CEMENT CONCRETE PAVING 02520 - 11 I I agents or chemical accelerators unless otherwise accepted in mix designs. M. Hot -Weather Placement: Place concrete complying with ACI 305R and as specified when hot weather conditions exist. 1. Cool Ingredients before mixing to maintain concrete temperature at time of placement to below 90 dog F (32 deg C). Mixing water may be chilled or chopped ice may be used to control temperature, provided water equivalent of ice is calculated to total amount of mixing water. Using liquid nitrogen to cool concrete Is Contractor's option. 2. Cover reinforcing steel with water -soaked burlap if it becomes too hot, so that steel temperature will not exceed the ambient air temperature immediately before embedding in concrete. 3. Fog spray forms, reinforcing steel, and subgrade just before placing concrete. Keep subgrade moisture uniform without standing water, soft spots, or dry areas. 3.6 CONCRETE FINISHING A. Float Finish: Begin floating when bleed water sheen has disappeared and the concrete surface has stiffened sufficiently to permit operations. Float surface with power -driven floats, or by hand -floating if area is small or inaccessible to power units. Finish surfaces to true planes within a tolerance of 114 inch In 10 feet as determined by a 10 -foot -long straightedge placed anywhere on the j surface In any direction. Cut down high spots and fill low spots. Refloat surface immediately to a uniform granular texture. • 1. Medium -to -Coarse -Textured Broom Finish: Provide &coarse finish by striating surface 1/16 inch to 1/8 inch deep with a stiff -bristled broom, perpendicular to line of traffic. B. Final Tooling: Tool edges of paving, gutters, curbs, and joints formed in fresh concrete with a Jointing tool to the following radius. Repeat tooling of edges and joints after applying surface finishes. Eliminate tool marks on concrete surfaces. 1. Radius: 3/8 Inch. 1 I 3.7 CONCRETE PROTECTION AND CURING A. General: Protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Comply with the recommendations of ACI 306R for cold weather protection and ACI 305R for hot weather protection during curing. B. Evaporation Control: In hot, dry, and windy weather, protect concrete from rapid moisture loss before and during finishing operations with an evaporation - control material. Apply according to manufacturer's instructions after screeding and bull floating, but before floating. PORTLAND CEMENT CONCRETE PAVING 02520- 12 I C. Begin curing after finishing concrete but not before free water has disappeared from concrete surface. D. Curing Methods: Cure concrete by moisture curing, moisture -retaining -cover curing, curing compound, or a combination of these as follows: 1. Moisture Curing: Keep surfaces continuously moist for not less than 7 days with the following materials: a. Water. b. Continuous water -fog spray. c. Absorptive cover, water saturated, and kept continuously wet. Cover concrete surfaces and edges with a 12 -inch lap over adjacent absorptive covers. 2. Moisture -Retaining -Cover Curing: Cover concrete surfaces with moisture - retaining cover for curing concrete, placed in widest practicable width, with sides and ends lapped at least 12 inches, and sealed by waterproof tape or adhesive. Immediately repair any holes or tears during curing period using cover material and waterproof tape. 3. Curing Compound: Apply uniformly in continuous operation by power spray or roller according to manufacturer's directions. Recoat areas subjected to heavy rainfall within 3 hours after initial application. Maintain continuity of coating and repair damage during curing period. 3.8 TRAFFIC PAINT A. Traffic Paint: Apply traffic paint for striping and other markings with mechanical equipment to produce uniform straight edges. Apply at manufacturer's recommended rates to provide a 15 -mil minimum wet film thickness. 3.9 FIELD QUALITY CONTROL TESTING A. The Owner will employ a qualified testing and Inspection agency to sample materials, perform tests, and submit test reports during concrete placement. Sampling and testing for quality control may include the following: 1. Sampling Fresh Concrete: ASTM C 172, except modified for slump to comply with ASTM C 94. a. Slump: ASTM C 143; one test at point of placement for each compressive -strength test but no less than one test for each day's pour of each type of concrete. Additional tests will be required when concrete consistency changes. b. Air Content: ASTM C 231, pressure method; one test for each compressive -strength test but no less than one test for each day's pour of each type of air -entrained concrete. c. Concrete Temperature: ASTM C 1064; one test hourly when air temperature is 40 deg F (4 deg C) and below and when 80 deg F IPORTLAND CEMENT CONCRETE PAVING 02520 - 13 I (27 dog C) and above, and one test for each set of compressive - strength specimens. d. Compression Test Specimens: ASTM C 31; one set of four standard cylinders for each compressive -strength test, unless directed otherwise. Mold and store cylinders for laboratory -cured test specimens except when field -cured test specimens are required. e. Compressive -Strength Tests: ASTM C 39; one set for each day's pour of each concrete class exceeding 5 cu. yd. but less than 25 cu. yd., plus one set for each additional 50 cu. yd. Test one specimen at 7 days, test two specimens at 28 days, and retain one specimen In reserve for later testing if required. 2. When frequency of testing will provide fewer than five strength tests for a given class of concrete, conduct testing from at least five randomly selected batches or from each batch if fewer than five are used. 3. When strength of field -cured cylinders Is less than 85 percent of companion laboratory -cured cylinders, evaluate current operations and provide corrective procedures for protecting and curing the In -place concrete. 4. Strength level of concrete will be considered satisfactory if averages of sets of three consecutive strength test results equal or exceed specified compressive strength and no individual strength test result falls below specified compressive strength by more than 500 psi. B. Test results will be reported in writing to the Engineer, concrete manufacturer, and Contractor within 24 hours of testing. Reports of compressive strength j tests shall contain the Project identification name and number, date of concrete placement, name of concrete testing agency, concrete type and class, location of concrete batch In paving, design compressive strength at 28 days, concrete 1 mix proportions and materials, compressive breaking strength, and type of break for both 7 -day and 28 -day tests. C. Nondestructive Testing: Impact hammer, sonoscope, or other nondestructive device may be permitted but shall not be used as the sole basis for acceptance or rejection. I I I 1 I p D. Additional Tests: The testing agency will make additional tests of the concrete when test results indicate slump, air entrainment, concrete strengths, or other requirements have not been met, as directed by the Engineer. Testing agency may conduct tests to determine adequacy of concrete by cored cylinders complying with ASTM C 42, or by other methods as directed. 3.10 REPAIRS AND PROTECTION A. Remove and replace concrete paving that is broken, damaged, or defective, or does not meet the requirements of this Section. B. Drill test cores where directed by the Engineer when necessary to determine magnitude of cracks or defective areas. Fill drilled core holes in satisfactory pavement areas with portland cement concrete bonded to paving with epoxy PORTLAND CEMENT CONCRETE PAVING 02520- 14 adhesive. C. Protect concrete from damage. Exclude traffic from paving for at least 14 days after placement. When construction traffic is permitted, maintain paving as clean as possible by removing surface stains and spillage of materials as they occur. D. Maintain concrete paving free of stains, discoloration, dirt, and other foreign material. Sweep concrete paving not more than 2 days prior to date scheduled for Substantial Completion inspections. END OF SECTION 02520 II it PORTLAND CEMENT CONCRETE PAVING 02520 - 15 1 SECTION 02665 - WATER SYSTEMS I PART 1 - GENERAL 1 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this 1 Section. B. All water system construction shall comply with the Specification Requirements for the Construction of Water and Sewer Facilities for the City of Fayetteville. 1.2 SUMMARY A. This Section includes water systems piping for potable water service. B. Contractor shall provide for temporary water line facilities in the relocation area. 1 1.3 SYSTEM PERFORMANCE REQUIREMENTS 1 A. Minimum Working Pressure Ratings: Except where otherwise indicated, the following are minimum pressure requirements for water system piping. 1. Underground Piping: 150 psig (1035 kPa). 1.4 SUBMITTALS A. General: Submit the following according to Conditions of the Contract and Division 1 Specification Sections. B. Product data, including pressure rating, rated capacity, and settings of selected models for the following: 1. Valves. 2. Fire hydrants. 3. Polyethylene film tube. C. Test reports specified in "Field Quality Control" Article in Part 3. D. Maintenance data for inclusion in "Operating and Maintenance Manual" specified in Division 1 Section "Project Closeout." Include data for the following: IWATER SYSTEMS 02665 - 1 I I I I I I L U I 1 I I I Lci I I I I 1. Valves. 2. Fire hydrants. 1.5 QUALITY ASSURANCE A. Comply with requirements of utility supplying water. Include tapping of water mains and backflow prevention. B. Comply with standards of authorities having jurisdiction for fire protection systems. Include materials, hose threads, installation, and testing. C. Comply with standards of authorities having jurisdiction for potable water piping and plumbing systems. Include materials, installation, testing, and disinfection. D. Provide listing/approval stamp, label, or other marking on equipment made to specified standards. E. Product Options: Water systems specialties and accessories are based on specific types, manufacturers, and models indicated. Components by other manufacturers but having equal performance characteristics may be considered, provided deviations in dimensions, operation, and other characteristics do not change design concept or intended performance as judged by Engineer. The burden of proof of equality of products is on Contractor. Refer to Division 1 Section "Product Substitutions." 1.6 DELIVERY, STORAGE, AND HANDLING A. Preparation for Transport: Prepare valves, including fire hydrants, for shipping as follows: 1. Ensure that valves are dry and internally protected against rust and corrosion. 2. Protect valves against damage to threaded ends, flange faces, and weld ends. 3. Set valves in best position for handling. Set valves closed to prevent rattling. B. Storage: Use the following precautions for valves, including fire hydrants, during storage: 1. Do not remove end protectors unless necessary for inspection; then reinstall for storage. 2. Protect valves from weather. Store valves indoors and maintain temperature higher than ambient dew point temperature. Support valves off ground or pavement in watertight enclosures when outdoor storage is necessary. C. Handling: Use sling to handle valves and fire hydrants whose size requires WATER SYSTEMS 02665 - 2 I handling by crane or lift. Rig valves to avoid damage to exposed valve parts. Do not use handwheels or stems as lifting or rigging points. D. Deliver pipes and tubes with factory -applied end -caps. Maintain end -caps i through shipping, storage, and handling to prevent pipe -end damage and to prevent entrance of dirt, debris, and moisture. E. Protect stored pipes and tubes from moisture and dirt. Elevate above grade. Do not exceed structural capacity of floor when storing inside. F. Protect flanges, fittings, and piping specialties from moisture and dirt. G. Store plastic pipes protected from direct sunlight. Support to prevent sagging and bending. I 1.7 PROJECT CONDITIONS A. Perform site survey, research public utility records, and verify existing utility locations. Contact utility -locating service for area where Project is located. B. Verify that water system piping may be installed in compliance with original design and referenced standards. C. Site Information: Reports on subsurface condition investigations made during the design of the Project are available for informational purposes only; data in I reports are not intended as representations or warranties of accuracy or continuity of conditions (between soil borings). Owner assumes no responsibility for interpretations or conclusions drawn from this information. I 1.8 SEQUENCING AND SCHEDULING A. Coordinate connection to water main with utility company. I B. Coordinate with pipe materials, sizes, entry locations, and pressure requirements of building fire protection systems piping. IC. Coordinate with other utility work. IPART 2 - PRODUCTS 2.1 MANUFACTURERS A. Manufacturers: Subject to compliance with requirements, provide products by one of the following: 1. Bronze Corporation Stops and Valves: WATER SYSTEMS 02665 - 3 I a. Mueller Co., Grinnell Corp. 2. Gate Valves: a. Clow Valve Co. Div., McWane, Inc. b. Mueller Co., Grinnell Corp. c. Waterous Co. t3. Butterfly Valves: i a. Henry Pratt Co. b. DeZurik. c. Mueller Co., Grinnell Corp. 4. Fire Hydrants: (AWWA 502, Pressure Class 200) a. Mueller Co., Grinnell Corp. 1 b. Waterous Co. 2.2 PIPES A. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and tube materials specified below are used. B. Ductile -Iron Pipe: AWWA C151, pressure class 250. 1. Lining: AWWA C104, cement mortar, seal coated. 2. Gaskets, Glands, and Bolts and Nuts: AWWA C111. • 3. Push -On -Joint -Type Pipe: AWWA C111, rubber gaskets. • 4. Mechanical -Joint -Type Pipe: AWWA C111, rubber gaskets, ductile- or cast-iron glands, and steel bolts and nuts. 5. Encasement: AWWA C105, polyethylene film tube. 6. Pipe Marking: Tracer tape with utility marking on it, traceable by conductive or inductive methods. C. Polyethylene (PE) Plastic Pipe and Tubing: AWWA C905, PE Compound Numbers required; with SDR 18 for 235-psig pressure rating. 1. Pipe Marking: NSF 14, "NSF-pw" or "NSF-pvc cto only." Tracer wire shall be 14 gauge coated copper, taped to pipe at 12 foot intervals. • 2. Pipe Marking: Tracer tape with utility marking on it, traceable by conductive or inductive methods, placed 18 inches below surface. 1 2.3 PIPE AND TUBE FITTINGS A. Refer to Part 3 Article "Piping Applications" for identification of systems where pipe and tube fitting materials specified below are used. WATER SYSTEMS 02665 - 4 El B. Ductile -Iron Fittings: AWWA C153, ductile -iron compact fittings, 350-psig (2400 kPa) pressure rating. 1. Lining: AWWA C104, cement mortar. 2. Gaskets: AWWA C111, rubber. C. Ductile -Iron Deflection Fittings: Compound coupling fitting with sleeve and flexing sections, gaskets, and restrained -joint ends conforming to AWWA C110 1 or AWWA C153. Units rated for 250-psig (1725 kPa) minimum working pressure, and with cement lining or FDA -approved epoxy interior coating, for up to 20 degrees (0.34 rad) deflection. D. Polyethylene Encasement: AWWA C105, 8 -mils (2 mm) minimum thickness, tube or sheet. E. Cast -Brass Fittings for Polyethylene (PE) Plastic Pipe: Compression fittings or flare fittings, made to PE pipe dimensions. F. Plastic Fittings for Polyethylene (PE) Plastic Pipe: ASTM D 2609, insert -type, with serrated end or threaded ends as required, and with corrosion -resistant bands or corrosion -resistant crimp rings. 2.4 JOINING MATERIALS A. Refer to Part 3 Article "Piping Applications" for identification of systems where joining materials specified below are used. B. Ductile -Iron Pipe and Ductile -Iron or Cast -Iron Fittings: The following materials apply: 1. Push -On Joints: AWWA Clii rubber gaskets and lubricant. • 2. Mechanical Joints: AWWA C111 ductile -iron or gray -iron glands, • high -strength steel bolts and nuts, and rubber gaskets. 3. Flanged Joints: AWWA C115 ductile -iron or gray -iron pipe flanges, rubber gaskets, and high -strength steel bolts and nuts. a. Gaskets: Rubber, flat face, 1/8 inch (3 mm) thick except where ' other thickness is indicated; and full -face or ring type except where other type is indicated. b. Flange Bolts and Nuts: ASME B18.2.1, carbon steel, except where other material is indicated. C. Pipe Couplings: Iron -body sleeve assembly, fabricated to match outside diameters of pipes to be joined. 1. Sleeve: ASTM A 126, Class B, gray iron. ' 2. Followers: ASTM A 47, Grade 32510, or ASTM A 536 ductile iron. 3. Gaskets: Rubber. 4. Bolts and Nuts: AWWA C111. WATER SYSTEMS 02665 - 5 I 5. Finish: Enamel paint. 6. Encasement: AWWA C105, polyethylene film tube or sheet. 2.5 PIPING SPECIALTIES A. Dielectric Fittings: Assembly or fitting having insulating material isolating joined dissimilar metals to prevent galvanic action and corrosion. 1. Description: Combination of copper alloy and ferrous; threaded, solder, plain, and weld -neck end types and matching piping system materials. 1 2. Dielectric Unions: Factory -fabricated union assembly, designed for 250-psig (1725 kPa) minimum working pressure at 180 deg F (82 deg C). Include insulating material isolating dissimilar metals and ends with inside /' threads according to ASME B1.20.1. 3. Dielectric Flanges: Factory -fabricated companion -flange assembly, for 150-psig (1035 kPa) or 300-psig (2070 kPa) minimum pressure to suit system pressures. 4. Dielectric -Flange Insulation Kits: Field -assembled companion -flange assembly, full -face or ring type. Components include neoprene or phenolic gasket, phenolic or polyethylene bolt sleeves, phenolic washers, and steel backing washers. a. Provide separate companion flanges and steel bolts and nuts for 150-psig (1035 kPa) or 300-psig (2070 kPa) minimum working pressure to suit system pressures. 5. Dielectric Couplings: Galvanized -steel couplings having inert and noncorrosive thermoplastic lining, with threaded ends and 300-psig (2070 kPa) minimum working pressure at 225 deg F (107 deg C). 6. Dielectric Nipples: Electroplated steel nipples having inert and noncorrosive thermoplastic lining, with combination of plain, threaded, or grooved end types and 300-psig (2070 kPa) working pressure at 225 deg F (107 deg C). 1 2.6 VALVES A. Check Valves: Shall be globe style equal to Apco Series 600. B. Nonrising Stem Gate Valves 3 Inches (80 mm) and Larger: AWWA C509, resilient seated; bronze stem, cast-iron or ductile -iron body and bonnet, stem nut, 200-psig (1380 kPa) working pressure, mechanical joint ends. $ C. 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, DeZurik, or Mueller. 8 a. Body: The valve body shall be constructed of cast iron ASTM A-126, WATER SYSTEMS 02665 - 6 J} Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be Iin strict accordance with AWWA C504, latest revision, Class 150B. b. Valve Seats: All butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1) Valves 24 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded I. to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. 1 2) On valves 24 inches or 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° I. 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. c. Valve Discs: Valve discs shall be as follows. Valves 24 inches nominal diameter: Valve discs shall be constructed of cast 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. Operator: 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. Painting: All valves shall be painted in accordance with AWWA C504, latest revision. g. Testing: The valve shall be hydrostatically tested at 150 psi for leakage in accordance with AWWA C504, latest revision. h. 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 C504, latest revision, and that all tests specified therein have been performed and that all test requirements have been met. D. Valve Boxes: Cast-iron box having top section and cover with lettering "WATER." bottom section with base of size to fit over valve and barrel approximately 5 inches (124 mm) in diameter, and adjustable cast-iron extension of length required for depth of bury of valve. E. Tapping Assembly: Complete assembly, including tapping sleeve or saddle, tapping valve, and bolts and nuts. Use sleeve and valve compatible with tapping machine. WATER SYSTEMS 02665 - 7 El 1I' 1J I11. Tapping Sleeve: Cast-iron or ductile -iron 2 -piece bolted sleeve with I. flanged outlet for new branch connection. Sleeve may have mechanical joint ends with rubber gaskets or sealing rings in sleeve body. Use sleeve that mates with size and type pipe material being tapped. Outlet flange shall be size required for branch connection. 2. Tapping Saddle: Ductile iron by American Pipe Company, or equal. F. Service Clamps and Corporation Stops: Complete assembly, including service clamp, corporation stop, and bolts and nuts. Use service clamp and stop compatible with drilling machine. 1. Service Clamp: Cast iron or ductile iron with gasket and AWWA C800 threaded outlet for corporation stop, and threaded end straps. 2. Corporation Stops: Bronze body and ground key plug, with AWWA C800 threaded inlet and outlet matching service piping material. 3. Manifold: Copper with 2 to 4 inlets as required, with ends matching corporation stops and outlet matching service piping. 2.7 WATER METERS 'f A. Water meters will be provided by the City of Fayetteville. 1. Water meter boxes shall be constructed of PVC with a minimum wall thickness of 0.275 inch and a depth of 24 inches. The cast iron ring shall be provided with a cast iron locking lid. 1 2.8 FIRE HYDRANTS A. General: Shall be Traffic Model conforming to AWWA C502. Fire hydrants shall conform to Mueller Centurion A-423, or Waterous Co., and shall conform to City of Fayetteville specifications. 2.9 ANCHORAGES A. Clamps, Straps, and Washers: ASTM A 506, steel. IB. Rods: ASTM A 575, steel. C. Rod Couplings: ASTM A 197, malleable iron. D. Bolts: ASTM A 307, steel. ' E. Cast -Iron Washers: ASTM A 126, gray iron. F. Concrete Reaction Backing: Portland cement concrete mix, 3500 psi (20.7 I. MPa); 6 -bag mix. WATER SYSTEMS 02665 - 8 Li ' 1. Cement: ASTM C 150, Type I. 2. Fine Aggregate: ASTM C 33, sand. I. 3. Coarse Aggregate: ASTM C 33, crushed gravel. 4. Water: Potable. PART 3 - EXECUTION 3.1 EARTHWORK I A. Excavation, trenching, and backfilling are specified in Division 2 Section "Earthwork." 3.2 PIPING APPLICATIONS A. Refer to Part 2 of this Section for detailed specifications for pipe and fittings products listed below. Use pipe, tube, fittings, and joining methods according to the following applications. Piping in pits and inside building may be joined with flanges or couplings, instead of joints indicated, for grooved -end AWWA-size piping. I B. Use pipe, tube, fittings, and joining methods as shown on the Plans and according to following applications. •' 1. Water mains shall be ductile iron. 2. Water service lines shall be polyethylene. 3. Piping within the water meter vault shall be as shown on the Plans. I 3.3 JOINT CONSTRUCTION ' A. Ductile -Iron Piping Gasketed Joints: Construct joints according to AWWA C600. B. Flanged Joints: Align flanges and install gaskets. Assemble joints by sequencing bolt tightening. Use lubricant on bolt threads. C. Polyethylene (PE) Pipe Heat -Fusion Joints: Construct joints according to ASTM D 3309 procedure for polybutylene piping heat -fusion joints and piping manufacturer's written instructions. D. Polyethylene (PE) Piping Insert -Fitting Joints: Construct joints with insert fittings according to fitting manufacturer's written instructions. E. Dissimilar Materials Piping Joints: Construct joints using adapters that are compatible with both piping materials, outside diameters, and system working pressure. Refer to "Piping Systems - Common Roquirements" Article for joining piping of dissimilar metals. WATER SYSTEMS 02665 - 9 I I} 3.4 PIPING SYSTEMS - COMMON REQUIREMENTS 4 A. General Locations and Arrangements: Drawings indicate general location and arrangement of piping systems. Indicated locations and arrangements were ', used to size pipe and calculate friction loss, expansion, pump sizing, and other design considerations. Install piping as indicated except where deviations to layout are approved on coordination drawings. B. Install piping at indicated slope. C. Install components having pressure rating equal to or greater than system Iioperating pressure. D. Install piping free of sags and bends. 3 E. Locate groups of pipes parallel to each other, spaced to permit valve servicing. J F. Install fittings for changes in direction and branch connections. t? G. Install dielectric fittings to connect piping of dissimilar metals. 3.5 PIPING INSTALLATION A. Water Main Connection: Coordinate tap in water main, of size and in location indicated, with the City of Fayetteville. B. Install ductile -iron pipe and ductile -iron fittings according to AWWA C600. 1. Install polyethylene encasement according to AWWA C105 on ductile -iron pipe, ductile -iron and cast-iron pipe fittings, and ferrous couplings where specified. C. Polyethylene (PE) Plastic Pipe and Tubing: Install according to manufacturer's written instructions. D. Bury piping at minimum depth of 36 inches (1 m) below finished grade and not less than 18 inches (0.5 m) below average local frost depth. E. Tunneling: Install pipe under streets or other obstructions that cannot be disturbed by tunneling, jacking, or a combination of both. 3.6 ANCHORAGE INSTALLATION A. Anchorages: Install anchorages for tees, plugs and caps, bends, crosses, valves, and hydrant branches. Include anchorages for the following piping systems: ' 1. Gasketed-Joint, Ductile -Iron Piping: According to AWWA C600. WATER SYSTEMS 02665 - 10 10 B. Apply full coat of asphalt or other acceptable corrosion -retarding material to surfaces of installed ferrous anchorage devices. ' 3.7 VALVE INSTALLATION A. AWWA-Type Gate Valves: Comply with AWWA C600. Install buried valves with stem pointing up and with cast-iron valve box. B. Bronze Corporation Stops and Curb Stops: Comply with manufacturer's installation instructions. Install buried curb stops with head pointed up and with cast-iron curb box. 3.8 FIRE HYDRANT INSTALLATION A. AWWA-Type Fire Hydrants: Comply with AWWA M17. Install with gate valve and provision for drainage as indicated. 3.9 WATER METER INSTALLATION A. Water meters shall be installed by the City of Fayetteville. 3.10 ROUGHING -IN FOR WATER METERS A. Install roughing -in piping and specialties for water meter installation according to utility company's instructions and requirements. I 3.11 FIELD QUALITY CONTROL A. Piping Tests: Conduct piping tests after joints are covered and after thrust blocks have hardened sufficiently. Fill pipeline 24 hours prior to testing and apply test pressure to stabilize system. Use only potable water. B. Flushing, Testing and Disinfection: After completion of construction of all water 1 lines, the Contractor shall flush, test and disinfect the new water lines as set out below. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. Should the Contractor require additional amounts of water due to water line breaks or neglect on the part of the Contractor, water shall be purchased from the Owner at their bulk rate. Quantities of water which will be paid for by the Contractor shall be determined by the Engineer. 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. WATER SYSTEMS 02665 - 11 I I I I I I I 1 I I 1 I I I I 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, except those areas around valves and fire hydrants may be left open at the discretion of the Contractor. a. Test Pressure and Duration: The line shall be tested at 150 percent of the designed operating pressure or a minimum of 150 psi. 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. 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 been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. The Contractor shall be responsible for providing all pumps, equipment and 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. d. Visible Leaks: All visible leaks are to be repaired regardless of the amount of leakage. 3. Disinfection: After successful testing, the Contractor shall empty the line of water. The line shall then be disinfected in accordance with AWWA C651, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochiorite granules into the main during construction will not be permitted. 4. The facilities shall be considered sterilized after the Owner has received two 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. 5. Dynamic Testing: After sterilization is complete the Contractor shall then flush the sterilizing solution from the lines, and the 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. 6. Acceptance: Upon successful completion of the sterilization, the dynamic test, and final cleanup, this contract will be considered complete. END OF SECTION 02665 1 WATER SYSTEMS 02665- 12 I