Loading...
HomeMy WebLinkAbout80-95 RESOLUTIONRESOIAUT1ON NO. 80-95 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH TOMLINSON ASPHALT COMPANY, IN THE AMOUNT OF $186,974.45, PLUS A CONTINGENCY AMOUNT OF $28,046.00 FOR VILLA MOBILE HOME PARK DRAINAGE SYSTEM IMPROVEMENTS AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby authorizes the Mayor and City Clerk to execute a construction contract with Tomlinson Asphalt Company, in the amount of $186,974.45, plus a contingency amount of $28,046.00 for Villa Mobile Home Park drainage system improvements. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment in the amount of $161,000.00 increasing Drainage Improvements, Acct. No. 4470 9470 5817 00, Project No. 94038 by decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 6th day of June 1995. APPROVED: By: 'it. ;'e red Hanna, Mayor ATTEST: , r / By: !„.7 : �4,!!< E Traci Paul, City Clerk City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1995 Department: Sales Tax Capital Improvement Fuad Division: Program: Dale Requested June 6, 1995 Adjustment # Project or Item Requested: Additional funding is requested for the Villa Mobile Home Park Drainage P o,ect. Projector Item Deleted: None. Use of Fund Balance 1 proposed for this project. Justification of this Increase: The project scope of work ongmally was limited to the immediate area of Villa Mobile I lome Park and included matenals only. City street crews and equipment were onginally scheduled to perform this work. Subsequently the scope of work was enlarged to include the entire dramage basin impacting Villa Mobile I lame Park. Additionally, available City crews and equipment became more involved in the City's pavement overlay program requiring this project be hid and contracted out. Justification of this Decrease: Sufficient city sales tax collections from pnor years exist to fund this request. Account Name :)ramage Improvements Increase Amount Account Number 161,000 4470 9470 Decrease Account Name Amount Use of Fund Balance Account Number 161.000 4470 0947 5817 00 4999 99 Project Number 94038 Project Number Approval Signatures Requested I3Z 1epartmcntl)irector Admuylcruises Due r Mar s(8 RD* Budget Office Use Only Type: A BCD Date of Approval Posted to General Ledger Entered m Category Log Budget Office Copy • STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of FROM: , / Sid Norbash 2414-7 Engineering Name Division • N/A ACTION REQUIRED: Approval of the change contract with Tomlinson Asphalt for Villa Public Works Department order number 1 to the construction MBP Drainage Improvements Project. COST TO CITY: $27.714.05 Cost of this Request 4470-9470-5817-00 Account Number 94038-1020 Project Number BUDGET REVIEW: $215. 0CC .Q0 Category/Project Budget $187,144.00 Funds Used Tc Date $27.R56.90 Remaining Balance X Budgeted Item Budglet Coordinator Villa MHP Drainage Impvts. Category/Project Name Drainage Improvements Program Name Sales Tax Fund Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: /1 - Accounting/ Man CityJAttorney Purchasing Officer Date GRANTING AGENCY: Date ADA Coordinator 45 Date 1 CJ�ndq I Taff. Internal Auditor y6/7 ") Date //- z -fl C Date STAFF RECOMMENDATION: Approval of this change order, which authorizes amounapproved by tjie Council. //-Z-? f" - Divi ion Head ()LAD 0 (e -C___ Date Department Director Date Administra[, a Ser ices Director Date /44/ - Date the use of the contingency Cross Reference New Item: Yes_ Prev Ord/Res k• NoI Orig Contract Date: FAYETTEll LI1E THE C TY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, Public Works Director Don Bunn, City Engineer From: Sid Norbash, Staff Engineer Date: November 1, 1995 Re: Change Order No. 1 Villa MHP - Drainage Improvements • The above referenced project is under construction, and due to some field changes and conditions beyond our control some changes have been necessitated. The major change is additional asphalt repair, where we had to move one of our two 36" drainage pipes to be constructed in the street. Also because of conflicts with the water and sewer lines the depth of the drainage pipe was reduced causing alteration to the asphalt street in order to achieve the desired cover on the pipe. This change order is within the limits of the contingency amount approved by the Council (Resolution No. 80-95) in the amount of $28,046.00. We request approval of the change order. SN/sn attachments CHANGE ORDER NO. 1 Project Title: Villa NHP - Drainage Improvements Project No.: 94038 Consultant/Contractor: Tomlinson Asphalt, Inc. The following changes are hereby made Item (18) Additional reinfo. steel Item (19) Relay existing 24" RCP 40'@ Item (20) Additional headwall wing Item (21) Outlet head W.&ditch paving Item (22) 116 S.Y.Concrete dr. repair Itme (23) Add. Aeph. @ 2 itereecs. Item (24) Aeph. repair for w/1 reloc. Item (25) 375 S.Y. extra asph repair to the Contract lump sum $40.75/ft lump sum lump sum 21.60/S.Y. lump sum lump sum 53.25/S.Y. Documents: $ 1,700.00 $ 1,630.00 $ 360.00 $ 2,055.00 $ 2,055.00 $ 300.00 $ 2,525.00 $19,968.75 Justification: 18- 24 These items are necessitated due to minor field changes to accommodate other utilities or avoid rock excavation. 25- This item is necessitated because one of the 36" pipes has to be laid in the street to avoid being too close to an aged water line. CHANGE TO THE CONTRACT PRICE Original Contract Price: $186,974.45 Current contract price, as adjusted by previous change orders: $186,974.45 The contract price due to this change order will be increased by: $27,714.05 New Contract Price Due to this Change Order will be: $214,688.50 CHANGE TO CONTRACT TIME The contract time will be increased by 30 days. The date for completion of will be November 15, 1995. all work will under contract Approvals required, this order must be approved by the owner if it changes the scope or objective of the project, or as may otherwise be required under the terms of the supplementary General Conditions of the Contract. Requested by Approved by Mayor Hanna Accepted by (Contractor) -7,43407,r Date: /7--/-95--. Date: WS Date: /1-/— rjf RESOLUTION NO. 80-95 MICROFILMED A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH TOMLINSON ASPHALT COMPANY, IN THE AMOUNT OF $186,974.45, PLUS A CONTINGENCY AMOUNT OF $28,046.00 FOR VILLA MOBILE HOME PARK DRAINAGE SYSTEM IMPROVEMENTS AND APPROVING A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Council hereby authorizes the Mayor and City Clerk to execute a construction contract with Tomlinson Asphalt Company, in the amount of $186,974.45, plus a contingency amount of $28,046.00 for Villa Mobile Home Park drainage system improvements. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment in the amount of $161,000.00 increasing Drainage Improvements, Acct. No 4470 9470 5817 00, Project No. 94038 by decreasing Use of Fund Balance, Acct. No. 4470 0947 4999 99. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 6th day of June , 1995. ATTEST j •71 By: /?( < / iL(i Traci Paul, City Clerk APPROVED: By: Specifications and Contract Documents for Orfejt v'G'.I li !koLCt (11 y e ievk s con! EXHIBIT A Villa Mobile Home Park Drainage System Improvements May 1995 ( y City of Fayetteville Office of the City Engineer 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Advert -se Instructicas State WaCe 'Jet? 3:d Proposal Contract Acreerer' Performance .-�'4 Payment Ger.er-aL C: '.1:.�1..s __..4444_...: c__.�a'i Detailed Sec .o.. Sec Secticn Sec_..,.. Sect_ Se t _.,.. Sec SectInn Mei t ._c c & Repair penze City of Fayetteville Advertisement for Bid # 9S-35 Notice is hereby given that the City of Fayetteville, hereinafter - called the owner, will receive sealed bids at the Purchasing Office, City Administration Building room 306, 113 W. Mountain St., Fayetteville, Arkansas 72701, until 2:OC p.m., local time, on the 17th day of May, 1995, for the furnishing of all tools, equipment, labor, and materials, and performing the necessary work to be done to complete the project known as Villa Mobile Home Park -Drainage Improvements. The scope of this project is construction of approximately 3060 feet of 36" storm sewer, 5 curb inlets, two junction boxes and other related items. The location of the work is set out in the plans and specifications on file at the office of the city Engineer, Fayetteville, Arkansas. Said plans can be inspected or obtained without any fees, but must be returned by unsuccessful bidders. Each bid must be accompanied by a surety bond in the amount equal to five percent (5%) of the whole bid, said bond to be issued by a surety company licensed to do business in the State of Arkansas, said bond to be retained as liquidated damages in case successful bidder fails, neglects or refuses to enter into the contract for the construction of said works, and furnish the necessary bonds within ten (10) days from and after the date the award is made. The owner reserves the right to reject any or all bids, and to waive any formalities deemed to be in its best interest. The attention of all bidders is called to the fact that if this contract exceeds $20,000 they must be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature, as amended. Peggy Bates - Purchasing Manager Note to NWA Times: Please publish two times May 3, 1995 & May 10, 1995 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • INSTRUCT ONS ?OR ref -vied Terms. Terms use„ in these Instructions to Bidders which are defined :n the Standard Genera: Conditions of the Construction Contract shall have the meanings assigned to them in the General and Supplementary Conditions. The term "Bidder" means one who submits a Bid directly to the Owner, as distinct from a sun -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, oualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) rakes an award. The tern "Bidding Documents" includes the Advertisement or invitation to Bid, Instructions to Bidders, the Bid Proposal corm, and the proposed Specifications and Contract Documents (including all Addenda issued prior to tie receipt of Bids). 2.Cco:es of the Bedding 2e= -=;:;r_ Complete sets of the Bidding Documents in the number ano anoint, i. any, stated in the Advertisement to Invitation to Bid may be ootained from the Engineer upon request. Complete sets of Bidding Documents must be used in preparing Bids; neither the Owner nor Engineer assumes any responsibility for error cr misunderstandings resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies cf Bidding Documents available on the above terms do sc only for the purpose of obtaining Bids on the Work and do not confer a ._cense or grant for any other use. 3. Oua'ificatici:, B• :.9e. When included with, artd made a part cf the Bid Proposal, the Bidder must subn.t a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qual:ficat:ons' is required to demonstrate qualifications to perform. the Work and will he used :n evaluating all bids as a basis for award. 4. Exam. -a tic ME 4.1. It is the responsibility of each Bidder before submitting a Bid, to : (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, fc) consider all Local, State and Federal Regulations and Laws which may affect cost, progress, safety, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents and (e) notify Eng:rreer of any and all conflicts, errcrs or discrepancies in the Contract Documents_ 4.2 Information and data reflected i;: the Contract Documents with respect to Underground Facilities at or cc.t:guo•oa to the site is based upon information and data furnished to the Owner and Engineer by owners cf such Undergro:.nd Facilities or ct?.ers, and Owner nor Engiroer does not assume responsibility 1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, Underground Facilities and other physical conditions, and possible changes in the Contract Documents due to differing site conditions appea_ _n Article 4 of the General Conditons and any associated Supplementary Conditions. 4.4 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional information, examinations, explorations, tests and studies which pertain tc the physical conditions of the surface and subsurface at, or contiguous tc the site or other wise which rray affect cost, progress, safety, performance or furnishing of the work and which the Bidder deers necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions cf the Contract Documents. 4.5 Upon request in advance, the Owner will provide each Bidder access to the site to conduct any observations, explorations and tests as each Bidder deems necessary fcr submission of a Bid. Bidder shall be required to fill in all holes and to restore all property to its former condition. 4.6 The lands upon the Work is to he performed, rights-of-way and easements for access thereto and other lands designated for use by the Co, -.tractor in performing the work are identified in the Contract Documents. A1: additional lands and access thereto required for terr.crary facilities or storage cf materials and equipment are to be provided by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained in advance by the Owner unless specifically noted otherwise in the Contract Documents. 4.7 The Bidder must satisfy thea.se:ves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications inc:.:ding any Addenda. After bids have bee,-, submitted, the Bidder shall not assert that there was any misunderstanding concerning the quantities of Work or the nature of Work to be performed. 4.8 The submission cf c Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement cf this paragraph 4, that without exception the Bid is premisad upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by tie Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. interaretat:c=s a_d Addr-1- All questions shout the meaning or intent of the Contract Documents are to be directed to the Engineer. Interpretations or clarifications considered necessary by the Engineer in response to such questions, and/or any information deemed necessary oy the C..r.er :ngineer, will be issued by 2 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Addenda mailed or delivered to all parties recorded by the Engineer as having received the Bidding Documents. Only questions answered and/or other information furnished by formal written Addenda will be binding. The Point of Contact for questions and clarifications for tris specific project is Sid Norbash, City Engineering Office, (501) 575-8206. 6. 3'3 sec,. Each Bid must be acco pane by Bid security nade payable to the Owner in an amount cd five perce(5%) o the Bidder's total maximum bid price and in the form of a certified oN bank e o- a Bid Bond (on form attached, if a form is prescribed and included; issued by a surety meeting the requirements of the General and Supplementary Conditions. The Bid security of the Successful Bidder will be retained ,inti; such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice cf Award and the Bid security of trait Bidder will be forfeited. The Bid security of other Bidders whon the Owner believes to have a reasonable chance of receiving award may be retained by Owner until the earlier of the seventh day after the Effective Date of Agreement cr the 6_st day after the Bid opening, whereupon. the Bid security furnished by such Bidders will be returned. Bid security with Bids wnich are nct competitive will be returned within 10 days of Bid opening. Contrar« The number cf days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (The Contract Time) are as set forth in the Bid Proposal, Contract Agreement and Technical Specification 100 - General Project Requirements. Lic`_date•' Cara Provisions for liquidated damages, _f any, are set forth in the Bid Proposal and/or the Contract Agreement. 9. Substit..t :r The Contract, if awarded, win. be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute cr "or - equal" items of materials or ecuipm.ert, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Applicatiin fcr acceptance for possible substitute or 'or -equal' guns „.. ,.,.t be considezed by the Engineer until 3 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth 'n Article 6.7 of the General r'nditions and any associated Supplementary Conditions. :D. S:;hcrntr3; ters, The Contractor shall not assign or sublet all cr any part of this Contract without the prior written approval of the Owner and Engineer. Nor shall the Contractor allow any subcontractor to commence work until he has provided and obtained approval of such compensation and public liability insurance as required by the Contract Cocuments. The approval of each subcontract by the Owner will in nc manner release the Contractor from any of his obligations as set forth in the Contract Documents including the Plans, Specifications, Contract and Bond(s:. 11. Bid Proccsa: 1= 1:.1 A11 bids must be made on the recuired Bid Proposal form contained ir. the Bidding Documents. Additional copies nay be requested from the Engineer. :1.2 A:1 blank spaces for Bid prices must be filled in, in ink cr type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. :1.3 Bids by corporations must be executed in the corporate name by the president or vice-president for other corporate officer accompanied by evidence cf authority to sig:,) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must oe s`o•r, below the signature. 11.4 Bids by partnerships most 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 also ne shown below the signature. 11.5 All names must be typed cr clearly printed in ink below the signature. 11.6. The Bid shall contain an acxnawledgement of receipt of all Addenda (the numbers of which must he filled in un the Bid form). 11.7. The address and telephone number fcr communications regarding the Bid must be shown. 12. Su r=`sic: Bids shall be submitted at the time and place indicated int eh. Advertisement or Invitation tc Bid and shall be enclosed in an opaque sealed envelope, marked in the lower left portion with the Project Title, Bid Number, Date of the bid opening, time of the Did opening, bidding contractc.r's name and license number. The Bid shall ne accompanied with the Bid Security and other required forms and documents. 4 • If the Bid is sent through the mail cr other delivery slsterc, the sealed envelope shall be enclosed in a separate sealed envelope wit the rotation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALT. CONTRACT DOCUMENTS. is EX C": n FROM THR P,,N Si ECIF::A':-:.NS AND Modification and Withdrawal of aids. Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid rust be executed) and delivered to the place where Bids are to be submitted at any time prior t the opening cf Bids. If, within 24 hours after the opening of Bids, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the satisfaction of Owner that there .s a material and substantial mistake in the preparation cf its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Wcrk provided under the Contract Documents. 14 Obeninc of Bides Bids will be opened and publicly read aloud at the time and location as specified in the advertisement of invitation for bids. A tabulation of the amounts of the Bids will be made available to the Bidders after preparation by the Engineer. 15. Bids tc re-ain .-LLiect t: a -;e an -e All Bids shall remain subject tc acceptance for 60 days alter the day of the Bid opening, but Owner may, at its sole discretion, release any Bid and return the Bid security prior tc that date. Additionally, if deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the CO days, with no changes .n the Bid Proposal or Contract Documents. 16. Award of Cottrac: 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not Involving price, time or changes to the Work, to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional bids. The Owner further reserves the right to reject the Bid of any Bidder if the Owner believes that if would not be In the best interest of the Proect or Owner to make award tc that Bidder, whether because the Bid is not responsive cr the Bidder is unqualified or of d:uotful financial ability, or of doubtful past performance, or falls tc meet any ;;they pertinent standard cr criteria 5 • • established by the Owner. Discrepancies :n the multiplication cf units of Work and unit prices will be resolved in the favor the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved :n favor of the correct sum. 16.2 :n evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with thfl prescribed requirements, and such alternates, unit prices, and other cata, as may be requested in the Bid Proposal Form or pricr to Notice of Award. 16.3 Owner may consider t ne qualifications and experience cf the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and ether persons ar.d organizations must be submitted as provided for in the Contract Documents. Owner may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of material and equipment proposed for incorporation in the Work when such data is required tc be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnisn the Wcrk in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, qualified Bidder whose evaluation by Engineer indicates to Owner that the award will be in the best interests of the Project and Owner. 16.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within 50 days after the date cf the Bid opening. If deemed necessary by the Owner, the Owner ar... ..he apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes ir. the Bid Proposal cr Contract Documents. Con Occur: Article 5 of the General Ccnditons, and the associated Supplementary Conditions set forth the Owner's req..irements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance ar.d Payment Bonds. 16. Signinc o: Agreercnt. 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 Contract Documents attached. Within 15 days thereafter, Contractor shall sign, execute and deliver the required number of counterparts of the Agreement and attached documents to the Owner with the required Bonds ar.d insurance ce"-.4'nates. Upon City Council's approval cf the contract, Within ten ):0) days thereafter Cwner shall deliver one fully signed and 6 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 executed copy of the contract Cc :tr actor. Compliance with State ...71=r.si-.1 -ah Contractors must be licensed in ac;;ordance witn the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess cf $23,000.00 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. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to held and save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. 21. Waaes and Lett:. Minimum wage rates shall be equal to the basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In cases where wage rate determinations are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, the Contractor snail make :.se of local commen and/cr skilled labor as is practical. The Contractor and each s..bccntractor, where the amount exceeds $'?b,0CC.20 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. :4-630). Tne provisions are summarized oelcw. The Contractor and Subcontractor 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevaising wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at tr.e site cf the Work, 3) keep an accurate record showing the names and occupaticn and hours worked of all workmen employed by then, and the actual wages paid tc each of tie workmen, which records shall be open at all reasonable hours to the .nspection of the Department of Labor or the Owner, its officers and agents. A copy of the prevailing wage rates for this specific project, as established by the Arkansas Department of Labor, is attached in the Contract Documents 7 • 1 immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts d..e t.`.e 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 tris Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or subcontractor has been, cr is being paid a rate of wages less that the rate cf wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work cr such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work tc completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any costs occasioned thereby. 22. Compliance t 125 At'kansas Acts of 19c5 The attention of Bidders is called to the provisions of Act :25, Arkansas Acts of 1965. This act provides for the payment of certain taxes o: materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisicrs of Act 125, Arkansas Acts of 1965 sha:1 be complied with tinder tr._s Ccrtract. 23 Withhold_n7 State :ncc,:r.e :axes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents cr nonresidents of Arkansas. 24. Comp ance with Rules ar^ hega_at:,...; tor the Ehfcrcerecc and Admi.._str:3'_on rf Act _e2 Ar ...:as Alis cf 1987. The attention cf al: ,....resin r.t 'rid called tc the previsions of Act 162, Arkansas Acts of :987. This act provides for nonresident Contractors and subcontractors notice and bene regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box :272, Little Rock, Arkansas 722C3 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 2L Subccntracto;s Bcr.ds - Act '9C, Arkar:=as Acts c The attention cf Bidders is called to the provisions of Act :90, Arkansas Acts of 1993. In general, this act provides for the subcontractors to provide to the General Contractor performance and payment bonds, with certain regulations on form and time, when the subcontractor's bid is in excess of $5C,00O.CC. 26. Vx^a..a•. o^ c .4e4v The attention al: Bidders is called to the requirements of Act 29:, Arkansas 3 • • • Acts of :993 - Excavatio; and Trench Safety. The c,:rrent edition of Occtpational Safety and Health Adm..inrstratior. Star.:.ard for Excavatio: and Trench Safety Systems, 29 CFR 1926, Subpart P, is specifically incorporated and made a part of these specifications and contract documents as required by Arkansas Act 29: of the 79tH General Assembly of 1993. The Contractor shall be solely responsible for the _mpleme:tation of these requirements. A copy of the CSHA regulations is included :n this set cf specifications as Appendix A. End of the :nstruct=ons to Bidders 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • Pai ARKANSAS DEPARTMENT OF LABOR PRI:VAILING WAGE DETERMINATION - HEAVY RATE DATE: July- 71 1994 PROJECT: 36 -Inch katrir Mair DETERMINATION #: 99-013 Fayetteville, Arkansas COUNTY: Aashingt;;u EXPIRATION DATE: 01-07-94 SURVEY #: AH05 CLASSIFICATION Bricklayer/Stonemason Carpenter Concrete Finisher/Cement Mason Electrician Laborer Mechanic Pipelayer Power Equipment Operators: Group ,-_ Group 1I1 Group 1V BASIC HOURLY RATE 7.2C 7.20 8.00 :2.0C 6.75 f:.90 7.00 8.9 8.70 8.1C Weide s receive rate prescribed for to which welding is ir:c:dentes',-f` per arming operation FRINGE BENEFITS CERTII-JED -a' 1) 1, :999 • 1 1 1 Det. #34c'c3 Page __ of 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, backhces, and derricks with a lifting capacity less thar. 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, levernan (engineer), hydraulic or bucket dredges, irrespective of size. Group III Heavy Equipment Cperatcrs. Cperatcrs engaged in operating the following equipment: bulldozers, front end loaders, sideboois, 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, ccre drill or churn drill, water well and foundation drilling machines, regardless of size, regardless cf motive power and dredge tender operator. Groin Iy Light Equipment Operators. Cperatcrs engaged in operating the following equipment: Cilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, forklifts, rollers cf 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 10S, 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, oi:er, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhard. (z\ UI A In IF Pu I 71 I I 0 I I I I I "xC epiC tziflb ttl) 0 9355JG; xt ]o t4 • �ze�ll I Ot `I � -; Z I7 1b 't7 E FY II h 's C O r,, o O i U W a. (v N. w• II Li rh W r t r ••. EEuQ S 1 W W fJ ii 'DD C M O ' Y E rt l t h 0' O (baI- J IIpuII L I� W (D O V II h <r~mb I�.'I inD y (D )� .b W y. V .! UC}' cOC�•'oE I� b'O rt;n h (c r (Dh Q (D rt , (t 00 H M Vr'D W W O D2 M O (D •. H.V.Di W b a) Q t r E H H•� I. Cdr � y I-. Q (D a r I. h h ti-rt la d t0tfl QI I✓-Etjmrrrt CO ON t11F1 Qxct:D n U; rf O ft tT O M rt h CD W i b E Q H• O N W C O E Ea ::- X rat n o tT (D 'Y N• 5 W W h W O Q S I� Om0n (D �� x` O ) O 0 m 3 (D ht' mb ((DD O rt tr D rt I jO CD r W ti. (D c0 c`•e WIc� IN W rt. cr r • 0 r]tW o M y x M . • H y M S 2 I- t-: V • Ct H t z H 0 H H z H 0 LII I ' BID PROPOSAL- ' Place Fayetteville, Arkansas Date May 17, :.995 I L FT FT FT I I I I L 11 I I Proposal of /rim /:t75a17 / organized ar'd existi^g unde- the 'aws a partnership consisting of trading as To: C•ty of Fayetteville City Administration Building 113 West Mou^tain Fayetteviile, AR 72731 the S:ate o' 4/U t✓ a corporat on an indiv!cual The undersigned hereby p-opcses to per`crm all work and furnish all mate-.als required to be furnished foe the co_struct:cn of the ,rainagc !mrrovements, Bid no 95-35 replacement of existing water mains & sery ce li^e re -connections in accordance with the fcl.owing bid schecule. clan drawings as shown, anc the pro,ect specif cations, for t�e It is understood that the .uric sun propcsals, n addition to a!l ether work includes all variable quantities isted n the proposal in the anounts so listed The variable quantit es g ven in the proposal are for the purpose of comparing bias only, and t' -e basic lump sum proposal will be adjusted in the `inal settle -rent fcr variation in the quantities at the pr.ces indicated on the b ra schedu e. Bidders must bid the sched.;le in :s entirety including all items The C'ty cf Fayetteville reserves to right to reject any and all bids and waive any fcrma':ties as deemec h the best fr'terest cf the City oFayettevil:e H I II UNIT ' Villa Mobile Home Park BASE BID PRICE SCHEDULE FOR DRAINAGE System IMPROVEMENTS Item Estimated Quantity Unit Extended No. and Description Price --------------------------------------------------------------- 1. 1124 L.F. 36" Double a �yethy1ene i Dollars or 36" RCP class III (circle $ $ 5� __-one) complete in places ------------- ZZr-�Ti Y_Q51!ca cars - 2. 958 L.F. 42" Double c.iaUPoly�thyiene pipe] Dollars or 42" RCP class III $ $ __-complete in place a./ 95 0q A ' 3. 2 Each standard curb inlet box complete in Dollars ---place $ ____ __ 4. 4 Each junction box complete in place Dollars $ o7/aa. v o $' d Co -----------------YAhe-° i4La-!Lehd sl� -------------------- 5. 275 S.Y. Asphalt street repair n Dollars 5ns $ ------------------ f� - ------ �S_--------------- 6. 180 L.F. 8" sanitary sewer relocation Dollars $_________ $ 3"i2A_'e -------------------jIrrvr_Ct1_3Co 4�eftr------------------------ 7. L.S concrete encasement of 8" sanitary sewer Dollars across existing ditch !J $ b____ d $_6'�. d -------------------frl.PcYd1_---------------------------- a II c. 1 Each sewer manhole complete cast in place Dollars -------------------- CL kid-.o_�- -�� ----------------- ' 9. 15 Each lower existing water service line Dollars $ 2Sd.ar $ 375d-dd -------------------7 EtJLF_g/ ----------------- ' 10 3 Each relocate existing water meter Dollars -$- �dd.aa $/_o4.na ' ------------Y !-� �r��� J ,c- - _ ______ ______________________ 11. 300 L.F. replace existing curb and gutter Dollars $ $ Selo- e o '---------------- Si a_ 1�l��ts ------------------------- 12. 90 Tons rock riprap complete in place size shall be 8" to 18" Dollars $ '_ 1t2 ------------------------ ' 13. L.S. clearing, cleaning, and sloping the points Dollars i/ yyd.ao 7 -yo. Ocv of water entrance and $ ----discharge into this 14. 30 L.F. 24" RCP Class III complete in place Dollars $_________ --------------- s ��� y_.,-1�_� - 15. L.S. fertilizing, ' mulching, seeding, sodding, etc. I H Dollars $ $ yaea. d a 1 3 16. L.S. trench safety per OSHA's regulations Dollars $ /yod. oo $ i;od• as /7 /D Cy. pock Dcuiie5 7 c o o 7 a, cad .sP� .,r�irn�ra q��rs TOTAL61`- (words) (numbers) M I The •inders'gned rereby dec;ates: That he nas examined : e Plans a' -d the Specifications with the related docu'rents and the site of the proposes work and being familiar with all '• conditions surrounding construction cf :he proposed project, includ ng availability cf material and labor, hereby proposes to furnish a:, equipme^t tabcr,materiai plant and supplies, within the time set forth here n a -'d at :he prices stated above. These prices are Ito cover all expenses incurred in perform ng the work required under the Contract Documents, o' which this proposes is a part The undersignedtr�heragrees. if awarded the contract, the Co^tractor shall begin work within ten (10) cdays from a Notice to Proceed and will fully compete all work within seventy-fivonsecu:ve ca'endar days of er the date of the Notice to Proceed. Should the Cona,i to complete tiework withi4t1e stated time, he sha i pay tre Owner as fixed, agreed, and liquidated damages per day for each consecutive calendar day of delay until t^e work is cemcleted orted The undersigned submits the 'o .swing subcontractors for use if the contract is awarded. The owner shall have the author :y to reject the use of any subcontractor ' Subcontractors Name Acdress Contractors license no. 1 I Additional time is allowed for delays as stipulates it the Contract Documents. The undersignec acknowledges the receipt of t e following Aade^dum For changing quantities of work items from those :r.dicateo by t^e co -tract Documents •' upon written instructions from the Engineer the above un t pr.ces as g.ven ;n :he proposal shall preva The above unit prices sha include all labor, materials plant, bal!'ng, shoring, overhead, profit, insurance bends, etc., as necessary to cover the finished work '• of the vaiio..s kinds caller foe The b dder unaerstancs that t~e City of Fayetteville reserves the right to reject a' -y or all b ds and waive any formalities as deemed :n the best interest of the City of Fayettev 'e. T 'dder does agree that this bid sha be good ad may not be withdraw^ for a per cd 60 ys after the scheduled closing tr-e for rece pt of bias S I ' FU'her the undersigned agrees to fu' y and completely s„bm't the deta ed " STAT EMENT OF BIDDER'S QUALIFICATIONS' as fou-'d on the page immediate;y following the '• proposal. The uncersig^ed agrees :-at failure to complete ad/or provide the "STATEMENT OF BIDDER'S QU'ALIF,CATIONS' shall be ca,.se for to Owner and/or Engineer to consider the bid-on-esponsive and to reject such bid ' by an Tit,e, j 07 2/ �� Business ' Address 'fJ/ l41 7€ 7i9 I I I I E Telepione v19y6;95 A,p License Number STATEMENT OF BIDDER'S QUALIFICATIONS Arkansas All questions must be answered anc the data given must be clear ane comprehensive. This statement must be notarized. I' necessary. questions tray be a�swerea on separate sheets a -d the" attached to tHis statement The Bidder may submit any additional information that he desires 1 Name of Bidder. orn/r / 71 I 7�'n� 2. Permanent main office acdress ad telepho"e number 14'/I w Y�.-�"/' �✓ ` �/6 3 When organized. /97y 4. If a corporation, w' -ere incorpo-ated /976 Vr ?i 5' 5. Contractor's License numoer yo9vc795 6. How many years have you ceen ergaged n the cor:t'act ng b si^ess under yo r present firm cr trade nacre? 20 1 rs 1 I I. Contracts on hand. (Sched.�le rose. showing the amount of Bach contract and the appropriate anticipated dates of corrpletio- s, a� d a point of contact for references.) 8. Have you ever failed to complete any work awarded to you? Ale' 9. Have you ever defaultec cn a If so. where and why? 'V 1O 10. Experience •n construct,on similar in size and scope to this project, along w,th the project owners a -d engineers. M O wC- sib h,vt v&7ril/lc ��Urea 4n4'. 4 p / d1 trpia 4e(YJ tefli 2 -4ri 2, 11. List of major a u. ment avail�b�f~o-`t�iis ccontrasac �` 12. Wi;l you, upon req,.est, fill out a detailed financial statement includ ng cred't worthiness and furnish any other nformation that may be required by the Owner? Yes X No_ Dated at 4,jc this !? day cf "4`1 , ' 9 _ Name of Organizat'cn: l�rmf,�.,, Yis,,,'3/V * /ac' • by Title State of County of to ' ,447 � be rg d ly sworn depc that he (she) is the _ofl�evn Pl rfd4Contracto1s) and II I Ii I I I that answers to the foregoing cuestions and all sta`.enent6 therei^ container are true and ,''�'co� savor^ oefore me this "say cf 199S p.. lbc on exp,res 1 7 El Know all men by these presents: That Tomlinson. Asphalt Company Tnc. (hereinafter called the Principal) as Principal, and the MERCHANTS BONDING COMPANY (Mutual) a corporation of the State of Iowa, with its Home Office in the City of Des Moines, Iowa, (hereinafter called Surety), as Surety, are held and firmly bound to the City of Fayetteville, Arkansas (hereinafter called the Obligee) in the full and just sum of ($ 5% of total bid -Five Per Cent (5%) of Total Amount B_d----- Dollars good and lawful money of the United States of America, to the payments of which sum of money well and truly to be made, the said Principal and Surety bind themselves, their and each of their heirs, executors, administrators successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this_ 17th day of May 1995 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Drainage Systems Improvements, Villa Mobile _Home Park according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the MERCHANTS BONDING COMPANY (Mutual) and Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which tho Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. ' TOMLI\SO\ HALT COMPANY, INC. Witness: }ii al By XM�X DSh HCHAN2lS BONDI i; COMPANY (Mutual) • Witness: ; • Merchants Bonding Company (Mutual) ' POWER OF ATTORNEY Know All Men By These Preserts, that the MERCHANTS BOND NO COMPANY (Mutual), a corporatior clu'y orgarrzed under the laws of the State of Iowa, and having is princ:ca, office in the City a' Des Moines. County of Polk. State of Iowa. hat', made, constituted and appointed, and does by these presents make, constitute and accoint Dale E. Temple, John Gerety, Tracy Tucker, Linda Frey or Carolyn A. Cory of Little Rock and State o' Arkansas its true and lawhul Attorney -in -Fact, with full power and authority hereby co','erred ir its name, place and stead, 10 s gn execute, acknowlecge and deliver in its behalf as surety, Any or all bonds or undertakings provided that no bond Or undertaking executed under this authority shall exceed in amount the sum of ONE MILLION AND NO/100s ($1,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANv (Mutual) thereby as fully and to the same exert as if such bond or undertaking was signed by the duly authorzed officers of the MERCHANTS BONDING COMPANY (Mutual) and all the acts of sad Attorney, pursuant to the authority herein g•ven. are heresy ratified ant corfirmed. This Power -of -Attorney is nade anm executed oursuah: to and by aulhorrty of the following By- E..ays acoptee oy the Board of Directors of the MERCHANTS BON.0'NG COMPANv ;Mutual). ARTICLE 2, SECTION 8. — The Cha.•man of the Board or President or any Vice Presidert or Secretary snail have power and authority to appcirt Attorney -in -Fact, and to authorize :hem to execute on behalf of the Company and attacn the seal c' the Companythereto, bords and undertakings. recognizances. contractso' ndemnity and other wraingsobligatorym the nature thereof ARTICLE 2, SECTIONS. — The sigrature of any authorizedoficer and the Seal of the Company may be affixes by facsimile to any Power of Attorney or Ce^.ificatior thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretysh c congations of the Company, and such signature and seal when so used shall have the same force and effect as though martially fixed. I In Witness Whereof. MERCHANTS BONDING COMPANY (Mutyall has caused these presents tc be signed by its Vice President arg4 President, and its coroorate seal to be hereto affixed, this GRd day of May A C, 19 9 Attest: MERCHANTS BONDING COMPANY ;Mutual) . •. .. By ' YK•Pevtlem • �'. ..a STATE OF ,OWA COUNTY OF POLK as •'••�+r On this 2nd say of May 19 94 before me appea-ed M..,. Lorg and W.G. Brundage, to me personally inowr. who being by me duly sworn did say that they are Vice President and Secretary/Treasurer respectively of the MERCHANTS BONDING CCMPANY (Mutual, the corporal on described in the foregoing 'ns:rument. and that the Seal affixed to the said instrument s the Corporate Seal of the said Corporatior and that the sac instrument was signet and sealed in behalf of said Corporation by authority of ,is Board of Directors- ' In Testimony Whereof, have hereunto set my hand and affixed my Offc:a Seai. at the C,ty of Des Moines. Iowa the day and yea 'first above written. •• •. •.. •.•••• '4. 4. `7•Y N .. • P,' IOWA t • . Notary Whirs Poi. Gwnty •awe My • G • p • •1-495 : •J• g4. • STATE OF IOWA • 4RIA%- •CCUNTV Or POLK sa. I, M.J Long, Vice President o'the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that the above and by foregoing is a :rue and correct copy of the POWER OF ATTORNEY, executed said MEITO{IANTSEOftD'NG COMPANY (Mutual), which .s still ir force and eMed.• • `yu o I • In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company, at Li t. t ..© ' c lc ? bif22 this 17th days' pray 19 95 This power of attoney expires December 31, 1995. '✓!/'`iv. ' MSc Oau I I 17 H I //LLCi11121 ARKANSAS STATUTORY PERFORMANCE AN!) PAYMENT BOND We,_ Tomlinson Asphalt Conpa y, Inc. as Principal, hereinafter called Principal, and Merchants Bonding Company (Mutual), as Surety, are held and firmly hound unto_ The City o;: Fayetteville, Arkansas as Obligee, hereinafter called Owner, in the amount of —One 'Hundred Ei chty-Six Thousand Nine Hundred Seventy -Four and 45/100------ -------- Dollars($ 186,974.4 for the payment whereof Principal and Surety bind themselves, their heirs, personal representatives, successors and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated __ June 6, 1995 entered into a contract with Owner for Drainage improvements for Villa Mobile Home Park which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. The condition of this obligation is such that if the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the Owner from all cost and damage which he may suffer by reason of failure so to do and shad fully reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any such default, and, further, that if the Principal shall pay ail persons all indebtedness for labor or materials furnished or performed under said contract failing which such persons shall have a direct right of action against the Principal and Surety jointly and severally under this obligation, subject to the Owner's priority, then this obligation shall be null and void; otherwise it shall remain in full force and effect. No suit, action or proceeding shat: be brought on this bond outside the State of Arkansas. No suit, action or proceeding shall be brought on this bond except by the Owner after six months from the date final payment is made on the Contract, nor shall any suit, action or proceeding be brought by the Owner after two years from the date on which the final payment under the Contract falls due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it. or the giving by the Owner of any extension of time for the performance of the Contract, or any other forbearance on the part of either the Owner or the Principal to the other shall not in any way release the Principal and the Surety or Sureties, or either or any of them, their heirs, personal representatives, successors or assigns from their liability hereunder, notice to the Surety or Sureties of any such alteration, extension or forbearance being hereby waived. In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this l2th _day of - June _ 19 95 TOMLINS0 ASPHALT COMPANY, INC. / e vr�uti! e�;✓use MERCHANTS BONDING COMPANY (Mutual) Sur�iy By -11 Linda Frey, Attcrixey-:n-Fact C Merchants Bonding Company ('Mutual) ' POWER OF ATTORNEY Know All Men By 'hose Presents, that the MERCHANTS BONDING COMPANY (Mutua,), a corporation duly organized under the laws ' of the State of Iowa. arc having its principal office in the City of Des Moires. Count of Polk. State of Iowa, hath made, constituted and appointed, and does by these preserts make. ccnsl tule and appoint Dale n• Temple, John Gerety, Tracy Tucker, Linda Frey or Carolyn A. Cory ' df Little Rock and State of Arkansas is true and awful Attorney -in -Fact, with full power and authority hereby corferrec in its rams, place and steac, to sign. execute. acknowledge and deliver in its behall as surety' Any or all bonds or undertakings provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE MILLION AND NO/100s ($1,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (Mutuah thereby as fully and to the same extent as if such bond or undertaking was ' signed by the duly authorized officers of the V ERCHANTS BONDING COMPANY IMutuall, and all the acts of said Attorney, pu•suart to the authority herein given, are hereby ratified and confirmed. This Power -al -Attorney is made anc executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (Mutual). ' ART!CLE 2 SECTION 8 — The Cha.rman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorney -in -Fact, and to authorize !hem to execute on behalf of the Company, and attach the seal of the Company thereto, bondsanc undertakings. recognizances, contractsof. indemnityand otherw•itingsobliga:oryin the nature thereof. ART:C.E 2, SECTION 9 —The signature of any authorized officer and the Seal of the Company maybe affixed byfacsim le to any ' Power o' Attorney or Certification thereof authorizing the execution and ceilvery of any bond, undertaking, recognizance, m' other suretyship obligators of the Company. and such signature and sea when so used shall have the same force and effect as thougn manually fixed. Ir Witness Whereof. MERCHANTS BONDING COMPANY (Mut all has causec these presents to be sigred by its Vice President ark ' Presidert, and its corporate seal to be hereto affixed, this 2nd may of May A.D.. 19 94 Attest: MERCHANTS BONDING CCMPANY (Mutual) 1 !!ll Yk— S eProerCenr • Sy S.vu„e„w STATE OF IOWA •• 0'3 ,.t; COUNT( OF OOLK ss. , . On this 2nd day of May ,s 94 .before me appeared M„ Long and W.G. Brundage. to no personally known, who being by me duly sworn did say that they are V-ce President and Secretary/Treasurer respectively of the MERCHANTS BCND:NG COMPANY (Mutuah, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by author ty of its Board of Directors In Testimony Whereof, I have hereunto se! my hand and affixed my Official Seal at the City of Des Moines. Iowa the day and year first above written. j���/��� J��• V ! \t•Y N 9 •, : P . a "bbry Public. Polk Cee•ry, Bowe IOWA U s Z •.. . v • MV CP - 9 6n} • 11-4-95 P, •, °e•• --••••'.t .-. ••.•.' STATE OF IOWA ••, •9RI At•; • COUNTY OF POLK ate II. M J. Long, Vice Pesicent of the MERCHANTS BONDING COMPANY (Mutual), do hereby certify that the above and foregoing is a !rue and correct copy of the POWER OF ATTORNEY, executed by said MERCHANT$HOWDING COMPANY (Mutual), which is still in 'orce and effect. ••per A P tL - y'a In Witness Whereol. I have hereurto set my hand and affixed the seat of the Company, at .-,l t t•1oc I this 12th dayof Jane 19. 9ra ; `• _ .� This power of attorney expires December 31. 1995. ••• . •1' 1 MSC 0814 aCOI.n. CERTIFICATE OF INSURANCE BBME DATE (MM,DD,YY, 6/12/95 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND REBSAMEN INSURANCE-LRK CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE 1500 Riverfront Drive POLICIES BELOW. P, O. Box 3198 COMPANIES AFFORDING COVERAGE Little Rock, AR 72203-3198 501-661-4800 CCMPANY LEITER A Assurance Company of America CCMPANY -TER B NSURED LE Northern Ins. Co. of New York Tomlinson Asphalt Company, Inc COMPANY 1411 West Van Asche LE'1EH C Valiant Insurance Company Fayetteville, COµ'AANV D AR 72703 CQ,PANY .E- -ER E OVERAGES THIS '5 10 CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSJRED NAMED ABOVE FOR THE POLICv PERIOD NDICA'ED, NOTWI'HSTANDING ANY REQUIREMENT, TERM OR COND17ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PER'AIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUB,:ECTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN PEDUCED BY PAID C.A MS. 0 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DA�E(MM/OD/YY) DATE MM/JD/Y) GENERAL LIABILITY GENERAL AGGREGATE S 1.00_0000 X COMMERCIA- GENERAL LIABI-'Y EPA08388424 8/01/94 8/01/95 P9COLC'5 COMP/JP AGG $ 1000000 CLAIMS MADE X DCCJR PERSONAL & ADV. NJL9' $ 1000000 OWNER & LOhTPALTURS PD' EACF OCCWPENCF S 1000000 FIRE CAMAGE 14ry one ''e) $ 50000 MEJ. EXPENSE Rny cie e-sc'N $ 5000 AUTOMOBS-E LIABILITY COMBINED SINGLE $ X ANY ALTO ECA14202593 8/01/94 8/01/95 IMIT 1000000 AL. O`ANED AJ-75 SOC L° IN.JPY $ SCHEDULED AJTOS :Pr person) X H RED AJ-3S SOC Le INJPY S X NOh—CWNED ALTCS (Pr acadeit) GARAGE LIABIL'Y 'PJPERTe CAMAGE $ EXCESS LIABILITY EACH UCCJR9ENCE $ 1000000 X JM9PELLA'ORM UBA69084904 8/01/94 8/01/95 AGGREGATE $ 1000000 OTHER THAN LM89EL-A FORM WORKER'S COMPENSATION S'ATJTORY LMIIS i TC568224980 8/01/94 6/01/95 EAC+ACC CENT $ 500000 AND CISEASE-POLI_Y LIMIT $ 500000 EMPLOYERS LIABILITY CISEASF-FACF EMP,DYEE $ 500000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS Job: Villa Mobile Home Park CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEPORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WLL ENDEAVOR TO MAIL 10 DAVSWRITTENNO-ICE TO THECERTIFICATE HOLDER NAMEDTOTHE City of Fayetteville LEFT, BU-rA LURE TO MAIL SUCH NOJ4�E SHALL !MPOSE NO OBLIGAT ON OR Engineer's Office LIABI_IT/P O� ANY KIND UPON THECQMP4NV, ITS AGENTS OR REPRESENTATIVES. 113 W. Mountain IACONO AUTHOIZ!DRpRESENTATIVE Fayetteville, AR 72701 j 0049900001 -; 20-S Y190 /i ACORD CORPORATION 1990 I L H L I I I PERFORMANCE BOND KNOW ALL MEN BY THESE. PRESENTS: That we (1) -- hereinafter called "Pi of hereinafter called the a (2)_ Lr.cipa." and (3)_ State of _ "Surety," are held and firmly bound unto (4) hereinafter called the "Cwner", in the penal sum. cf___ _ __($ ) ;n lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBL_GA TON is such that whereas, the Principal entered into a certain contract with Owner, dated the __ day of , 19, a copy cf which is hereto attached and made a part hereof for the construction of: NOW THER}:FORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, • terns and conditions, and agreements of said contract during the original tern thereof, and any extensions thereof which nay be granted by the Owner, with or without notice tc the Surety, and if he shall satisfy all claims and demands ncurred under such contract, and which it may suffcr by reason of failure to do so, and shall reimburse and repay owner all outlay and expense which the Owner nay incur in raking good any default, then. this '• obligation shall be void; otherwise to remain in full force and effect. I Li I I I PROV_DED, FURTHER, that hereby stipulates ar.d agrees alteration or addition to the to be perforted thereunder or sane shall in any wise affect does hereby waive notice of alteration or addition to the or to the specifications. the said Surety, for value received that no chance, extension of tile, terms of the contract or to the work the specifications accompanying the its obligation on th=s bond, and it any such change, extension of time, terns of the contract or to the work PROVIDED, FURTHER, that no final settlement between. the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose c:ain nay be unsatisfied. II II II This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the sale appearing as Arkansas Statutes (1957), Section 51-635, cumulative Supple-,er.t. IN WITNESS WHERECF, this instrurent is executed in six (6) counterparts, each one of which shall be deered as original, this the day of _ _ _ , 19__ Attest: (Principal) Secretary (Seal) Witness as tc Principal Address Attest: (Surety) Secretary (Seal) Witness as to Surety Address Principal 3y_ Address Surety By Attorney -in -Fact Address NOTE: Date of bond riust not be prior to dzte of contract. (1; Ccrrect name of Contractor (2; A corperatio,, a partnersn:p, Cr a". individual, as the case may be. ' (3) Ccrrect name of Surety. (4) Ccrrect name of Owner. (5) If Contractor is a partnership, al: partners s,`.ou1d execute bcr.a. (6) This bond crust be filed with the C.rcuit Clerk of the county where the work is to be performed prior to file start of construction. PAYMENT BOND L I I I KNOW ALL .BEN BY THESE P�ESEN:S: That we '1; hereinafter of hereinafter — a (`)_ called "Principal" and (3) _ called the called the "Owner" money of the United truly to be made, administrators and these presents. , State cf "Surety," are held and firmly bound unto (4) _ hereinafter in the renal sum of ) in lawful States, for the payment of which sum well and we bind ourselves, our heirs, executors, S UCCe`.iSOr5, jointly and severally, firmly by '• THE CONDITION OF TI Principal entered into a day of_ attached and made a part iIs OBLIGATION is such that whereas, the certain contract with Owner, dated the :9, a ccry of which is hereto hereof for the construction of: NOW THEREFORE, if the Princ:pa_ shall promptly rare payment to ' persons, fins, 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 a.rcunts due for but not united to materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of sa;d work, fuel oil, ca,.p equipment, food for ' men, feed for animas, premlurs for bonds and liability and workmen's cor.,pensat:on '_r.surar. e, rental:, cn r.ac}finery, equipment and draft animals; also for taxes or payments due to the State of t Arkansas or any political subdivis:on 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, perfcr.;.ed in such work whether by subcontractors or otherwise, then this obligation ' shall be void, otherwise to remain in full force and effect. I I I I'H The Surety agrees that 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 cr as determined by the court or. appeal to all wcrk ren perfor:; ing work under the contract. PROVIDED, FURTHER, that hereby stipulates and agrees alteration or addition to the to be performed thereunder or same shall in any wise affect does hereby waive notice of alteration or addition to the the said Surety, for value received that no change, extension of tine, terns of the contract or to the work the specifications accumpany:ng the its obligation on this bond, and it any such change, extension of time, terms of the contract or to the work I 1 1 1 or to the specifications. PROVIDED, FURTHER, that no final settle:ent between the Owner and the Contractor shall abridge the ri, t of any beneficiary hereunder, whose claim may be Lnsat:sfied. This bond is given in compliance with Act 251, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section. 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in. six (6) counterparts, each one of which shall be deemed as original, this the day of _, 19 Attest: (Principal) Secretary (Seal) Witness as to Principal Address Attest: (Surety) Secretary (Seal) Witness as to Surety A.t'Ai COO Principal By Address Surety By Attorney -in -fact Address NOTE: Date of bond must not be prior to date of contract. (1) Ccrrect name of Contractor. (2) (3; A corporation, a partnersh_n, Correct name of Surety. or an individual, as the case may L•e. (4} Correct name of Owner. (5) (G; is If Contractor is a partners- This oond must be filed to be performed prior to p, with u.e the start 311 partners should execute Circuit Clerk of the county of construction. bond. where the work 2. I I L L L C L L L C I I As soon as s practicable after the first of each calendar month and in accordance will te Contract Soecificatiors the Owner wll make partial payments to the Contractor for work pe•tormed durirg the preceding calendar month, based upon tie Engineers estimate of work completed, sad estimate being certi9ed by the Contactor and accepter by the Owner. Retai•.age shall be withheld 'rom tie partia payments as provided by ' Arkansas state laws by the Owrer until firal completio-, and acceptar.ce by the Owner and Engineer TE.e Engineer shall tier issue a Final Estimate of work acne based upon tie original contract and subsequent charges made and agreed upon. it ary ' Time is hereby expressly dec ared to ne of the essence of this contract. and tie time of beg nn'ng, manner cf progress at time cf comp•etrcn of the work hereunder shal' be anc are essential condit ons hereof. ' The Contractor agrees to comr'ence work wt•t;r ter ;1C; caiendar days from the date of the Not ce to Proceed and to proceed with the construction cf the wo-k and to prosecute the work wits ar, adequate force and in a manner so as to comp etc the work w th n the tine ip.:'ated herein If tie Ccrtractor fats in camp etrng tie 1 CONTRACT THIS AGREEMENT, made and entered irto the _ cay of une I 19`STby and between the C,ty of Fayettevil'e, County of Wasiir,gton. State of Arkansas. Party o' the F rst Par: hereina`ter cal ed the Owner, and Tornliiisott Asphalt, :nc. _, of the City of Fayet Levi l Lc _, Party o` the Seccnd Part hereinafter called the Ccrtractor VVITNESSETH THAT WHEREAS, the Owner has called 'or bids Icr Vii, la MI ? — drainage Sys. as set out in the Plans and Specifcations and approved by :re City cf Fayettevil e A•karsas; and WHEREAS, pursuart to the pub shed ca Is for bids :.rder said Plar.s and Specifications. the Contractor is the lowest and best qua,i§ed b dder for the construction o' said Imp•ov'ements: Park Apartmerts - Water L ne Replacements. NOW THEREFORE, the Contractor agrees wit the Owner to commence and comp ele tie construction of: Bid Number 95-3.5inc-ucing all Work requ.red for a co-nalete and acceptable insta!laton, for the unit and lurrp sum prices bid in the Bid Proposal, all of wnich become and are a part of this Contract, the totai sum thus berg Cne Hundred fl'Ihty—Six Thousand, Sine hundred Sever:`y—c'okr and 45; 100----do!lars tSl 86,974.45 ), such sum being the agreed amo:.rt upon which bonds and liabi ities are based ac at his own cost ard expense furnish a.l r ateria s, supp ids, labor. mach;nery. equipment, tools. spew sion, bonds, ins..rance and ctier accessories and services necessary to complete the sad construction in accordance wilh tie concitio•is and prices stated n tie B.d attached herptc and made a part hereof, and in accordance wth the Tecilical Spec: icaticns the General Corditions, tie Supplemectnry Conditions, and in accordance with the Plans. wh c', is clice aL maps, plats. b ueprin:s, and other drawings, and written or pr nted explanatory ma=ter thereof. The Contractor agrees to co-n-ne-ce work under this contract withir ten days of the issuance of he Not.ce to Proceed and totally complete all work witttn seventy five(75)consecutive calendar days. The Cwner agrees to pay the Contractor in current funds for the per'ormance of the cortract in accordarce with tie accepted Bid t-,erefoo. subject to additiors and ded.ct ons as provided in the Spec ficatons, and to make payment on account tiereo' as provided below I I contract within the time stipulated hereir the Contractor agrees to pay the Owner, as iqLidated damages the sum of Twohundred dollars ($230 C0; per day for each ca enda: day of delay in comp'et'on, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owrer would in such event sustain said amounts are to be presumed by the parties to this cortract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductble from any amount due Contractor under the Fina, Estimate ' of said work, after the completior thereof, and Contractor sha I be entitled any to the Firal Estimate less such amounts of liquidated damages. ' If the Contractor be delayed at any time in t."ie progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owrer or by changes ordered in the work. or by strikes, lockouts, fire, unusial delay it transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Eng nee: pending arbitration, or by any cause wh,cn the ' Engineer shall dec de to justify the delay, t -.en the time of completion shall be extended `or such reasonab e time as the Engineer may decice. No such extension shall be made for delay occurr ng more than seven days before cla.m therefor :s made .n writing to the Engineer In the case o` a cont.nu ng cause for delay, only one claim is necessary. L I I I L In the event the Contractor abandons the work hereunder or fai.s, neglects or refuses to continue the work after ten (10) days written notice, given Cortractor by the Owner or by the Engireer. then the Owrer shall have the option of 1) declaring this contract at an erd. n which event the Owner shall not be liable to the Contractor for any work theretofore performed, or 2) requ ring the surety hereto, upon ten (10) days notice, to complete and carry outtne contract of Contractor, and in that event. shou d be surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the cortract as its own expense and maintain an action against the Contractor and the su•":ty hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner n comp eting t^,rs contract. less the total amount provided for hereunder to be paid Contractor upon the completior of this contract This contract shall be birdirg upon tie heirs, representatives. successors o: assigns of the parties hereto. including the surety. IN WITNESS WHEREOF the Owner and Contractor nave hereto set the.r hands and seals, respectively. rm Name By r� Witnesses if corporation, secretary should attest IAttest Traci Paul, City C!erk End of Contract . I !LINCIn.S.•n �3 NAC r !� I.• . _.J 0tTYAA F FAYETTEV'LLE, ARKP dSAS Fred Hanna, Mayor I ' Thldocument has I,..pcltant i ep, conseuuences. corsL1tat:on xith an attorney Is enccuraged Warr respect to its completion or modification. I STANDARD ' GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee ' and ' Issued and Published Jointly By ' vMe- ey •MERKJIM __ ___ SOGEiYa • . w " CIVII ENQMEERS rouloce ' Ism `orrMcv` I I I I I I I I I PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A',practce ditrsrna of the NATXONAL SOCIETY OF PROFESSIONAL ENGINEERS \MERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIV:L ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General @��C Contractors of America M These General Conditions ^av'e been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2) (1990 Ed:t:ons) 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) (19S6 Edition). For guidance in the preparation of SJpplerre ;tan Conditions, see G:.Ide to the Preparation of Scpplementary Conditions (No. 1910-1',) (1990 Edition). When bidding is :n' olved, the Standard Form cf Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. ' FJCDC No. 19134 1990 Ednrn) © 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 I TABLE OF CONTENTS OF GENERAL CONDITIONS 1 Article or Parc : raph ,\'ras& her Title ' I DEFINITIONS .. ..... .... . ..... 1.1Addenda .. .... .. ... 1.2 Agreement .. ... ... .... '• 1.3 Application for ?al ment . 1.4 Asbestos . 1.5 Bid.. .... ... ... ... .... 1 6 Bidding Documents .. ..... ... .... ' 1.7 B dding Requirements .. . . .. . . 1.8 Bonds 1.9 Change Order . ... ..... . ... ' 110 Contract Documents .. ... .:1 Cortract Prce 1.12 Contract 7 mes 1.13 CONTRACTOR ... ... ' 1.14 dejecrn e 1.15 Drawings 1.16 Effective Date of 'ne Agreement ... 1.17 ENGINEER .. .... .... ... .. '• 1.18 ENGINEER's Consultant ... .... 1 19 Field Order 120 General Requirements .. ... ... . .. 1.21 Hazardous Waste ' 1.22 Laws and Regulations. Laws or Regulations ... .... ... ..... .. 1.23 Liens ... .... .. ' 1 24 Milestone .... ... ..... . 1.23 Notice of .Award ... ..... ... 126 Notice to Proceed . 127 OWNER ..... .... ..... ... .... ' 128 Par. at Utj izancn .. 1 29 PCBs ... ..... .... .... ... .... 130 Petroleum .... . . ... .. .... . 131 P -eject .. ..... ... ..... ... .... ' 1 32 Radioactive Material .... ... 133 Resident Prcject Representative 1.34 Samples . ..... .... .... .... ' 1.35 Shop Dmwmgs .... 196 Specifications .. 1.37 Subcontractor ............... 1.38 Substantial Completion ... .... .... I1.39 Scppiernentary Conditions . .. _ .. . ; . 1.40 St.pplier .............. 1.41 Underground Facilities .... ..... ... '.42 Unit Price Work ....... .... ..... .. ' 343 WorK . ..... ..... .... . 1.44 Work Change Directive .... ..... .. 1.45 Written Amendment .. ... ....... ' 2. PRELIMINARY MATTERS ... 2.1 Delivery of Bonds . 2 2 Copies of Documents ..... .... 2.3 Commencement of Conuact Times: ' Notice to Proceed ............... . 2.4 Starting the Work .... .... .......... I Pipe rthe er 13 13 13 3 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 i4 :4 :4 14 IS 15 15 IS 15 15 i5 Article or Paragra, 'i \umoer& Pile 2.5-2.7 Before Starting Cors:ruction: LONTR.AC OR's Resporsihi it' Report: Preliminar. Schedules: Delivery of Certificates cf Insurance .... ... .... .... 2.8 ?recols:roctio7 Conference ..... 2,9 Initial.y Acceptable Sc edales ... Page u'nher 0 3. CONTRACT DOCUMENTS: INTENT. AMENDING, REUSE ..... ... ..... .... 3.1-3.2 lnteit ... ... ... ..... .... 3.3 Reference to Standards and Specif.cations of Technical Societies: Reporting and Resclving Discrepancies ....... ..... ... . 3 4 Intent of Certain Te-rts or Adjec::s es 35 Ame-taing Contract Documents .... . 3 6 Supplementing Contract Ddl'ame is 37 Reuse of Documents ... ..... ....... 4. A\.AILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS. 4.1 Availabi ity of Lands .... ..... ...... 4 2 Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ... ..... 4 2.2 I.imi:ei Reliance by CONTRACTOR Authorized: Technical Data ... .... 4.2.3 Notice of Differing Subsurface or Physical Conditions ........... .... 4,2.4 ENGINEER's Review .. ..... .... 4.2.5 Pes�ible Contract Documents Change 4.2.6 Possible Price and Times Ad'ustments 4.3 Physical Conditions—Tnderground Facilities ......... .... ...... ... . 4.3.1 Shown cr ird.cated . .... ...... .. 4 3.2 No: Shown or Indicated . ....... .. 4.4 Refe-ence Points .................. 4.5 As:,escos. PCBs. Petroleum. Hazardous Waste or Radioactive Matena: .. .. BONDS AND INSURANCE ......... ....... . 5.1-52 ltfocmance. Payment and Other Bonds. 5 3 Licensed Sureties and Insurers: Certificates of Insurance .... ...... . 54 CONTRN TUR's Liability Insurance 5.5 OWNER'S Liability Insurance ........ 5.6 Property Insurance ................ .. 5.7 Boiler and Machinery or Additional Property Insurance ..... ........ 5.8 No:'ce of Cancellation Provisions ... 5.9 CONTRACIOR's Responsibility for Deductible Amounts .............. 510 Other Special Insurance . ............. 5.11 Waiver of Rights ................ ... 16 :6 7 7 18 8 is IS 18 19 19 19 :0 :0 4- 21 21 21 fin :2 I Article or Paragraph Page Article or Paragraph Page ' Number & Title Number Number & Title Number 5.12-5.13 Receipt and -Application of Insurance 8.6 Change Orders ....................... 29 Proceeds ........................... 22 8.7 Inspections, Tests and Approvals ...... 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate Option to Replace ................. 22 CONTRACTOR's Services ......... 29 5.15 Parial Utilization —Property 8.9 Limitations on OWNER's Insurance .......................... 23 Responsibilities ..................... 30 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30 6.1.6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30 6.3.6.5 Labor, Materials and Equipment ...... 23 9. ENGINEER'S STATUS DURING 6.6 Progress Schedule .................... 23 6.7 Substitutes and "Or•Equal" Items; 9 ONSTRU OWNER's Representative ............ 30 CONTRACTOR's Expense; Substitute Construction 9.2 Visje to epe s n tive ..........................30 9.3 Project Representative ................ 30 Methods or Procedures; 9.4 Clarifications and Interpretations ...... 30 ENGINEER's Evaluation .......... 23 9.5 Authorized Variations in Work ........ 30 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 24 9.6 ShReop ingDrawings, Defective Work ... r . a ...... 30 6.12 Patent Fees and Royalties 9.7-9.9 Shop ent.. Cha.t.. Orders and 6.13 Permits .....4.. Payments .. for U... nice......... 31 """""""' 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and Regulations ................ 25 9,11-9.12 Decisions on Disputes; ENGINEER as 6.1 6.16 5 Use Premises ....................... ......................26 Initial Interpreter ...;............... 31 6.17 Site Cleanliness ........................26 9.13 Limitations on ENGINEER's , 6.18 Safe Structural Loadin 26 Authority and Responsibilitiu ...... 31 6.19 Record Documents ................... 26 6.20 10. CHANGES IN THE WORK ..................... 32 Safety and Protection ................. 26 10.1 OWNER Ordered Change ............ 32 ' 6.21 Safety Representative .................26 6.22 Hazard'Communication Programs ..... 27 10.2 Claim for Adjustment ........... 6..... 32 6.23 Emergencies .......................... 27 10.3 Work Not Required by Contract 6.24 Shop Drawings and Samples .......... 27 Documents ......................... 32 6.25 Submittal Procedures; 10.4 Change Orders CONTRACTOR's Review Prior to 10.5 Notification of Surety ................. 32 Shop Drawing or Sample Submittal 27 11. CHANGE OF CONTRACT PRICE .............. 32 6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment; Review by ENGINEER ............27 Value of the Work .................32 6.27 Responsibility for Variation From 11.4 Cost of the Work ..................... 33 Contract Documents .................27 11.5 Exclusions to Cost of the Work ....... 34 , 6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee ................34 ENGINEER's Review and Approval 11.7 Cost Records ......................... 34 of Required Submittals ............. 27 11.8 Cash Allowances ..................... 35 6.29 Continuing the Work ................ 28 11.9 Unit Price Work ...................... 35 6.30 CONTRACTOR's General Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES .............. 35 6.31-6.33 Indemnification .......................28 12.1 Claim for Adjustment ................. 35 6.34 Survival of Obligations ..... 4 .......... 28 12.2 Time of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's 7. OTHER WORK..................................29 Control ............................ 35 7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR's Control ......:... 35 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECT70N, 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When WORK .......................................... 36 Due ................................ 29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's , 8.5 Insurance ............................. 29 Cooperation ............ 2 ' J I Article or Paragraph Page Artic le or Paragraph Page Number & Title Number 4'umber & Title Number 13.4 OWNERS Responsibilities: 14.12 Final Al.plication rcr Payment .... 40 Independent Testing Laboratory 36 14.13-14.14 Final Payment ar.d Acceptance .. ... 40 13.5 CONTRACTOR's Response^i ities . ... 36 14.15 Waiver of Clams ... ... 40 13.6-13.7 CoveringWork Prior to Insxction. 5. SUSPENSION OF WORK A`'D Testing or Approval ... ... .... i6 13.8-13.9 Cncoverng Work a: ENGINEER'S TFRMINA 1ON .... .... .. . .... ... 4t) Request ..... ... ... .. .... ... 36 15.1 OWNER May Suspenc Wort .. .... 41) "'-1 OWNER May Terminate . .... .... 40 13.10 OWNER May Stop the a Vwrk .... ... 36 S s CONTRACTOR May Stop Work or 13.11 Correction or Removal cf Defective Terminate .... ..Al Work .. ...... ... ... ... ... ... 37 13.12 Correction PenoG ... .... ....... 13.13 Acceptance of Defective Work ... ... 37 16. DISPUTE RESOLUTION ... .... .... ..... .. 41 13.14 OWNER May Correct Defective Work .. .. ..... .... ... .... ... :7 1- MISCELLANEOUS ..... ....... ..... ......... 4: 17.1 Giving'v'otice ........ .. . . 4: . 2 Compt taboo of Tames . 42 4. PAYMENTS TO CONTRAC'POR AND 17.3 Notice of Claim ............ 4: COMPLETION .. .. ... ... ... .. .... .... 3? 17.4 Cumulative Remedies ............C .... 42 14 I Schedule of Values . .. .. .... .... 37 17.5 Professional Fees and Court Ccsts 142 Appl;cation for Progress Payment .... 38 Included ... ... .... ... .... . 14 3 CONTRACIT)R's Wa-ran:y of Title ... 38 14.4-14.7 Review of Ap,lications for EXHIBIT GC -A :Octiona:): Progress Payments .. ... .... ..... 38 Dispute Resolution. Agreement (Optiona'i .... GC Al 14.8-14.9 Sdbstantial Comple:.or. . ... .... .... 9 16.1-16.6 Arbitration . ........ .... .... GC -AI 14 10 Partial Utilization .. .... .... 39 16..1 Mediation .. ........ .. .. . Cie' -.A2 14.11 Final Inspection ... .... ... .... .... 39 I I I II I I- I I 3 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 respaisibilifies .-................................. 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, II. 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 .......................45.2. 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 ...........36, 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 (I.I, 1.10, 2.3, 3.3. 4.2.6.4, 6.13, 11.4.3. 11.9.1) Article or Paragraph Number Bidding Documents —definition of ................ 1.6 (6.8.2) Bidding Requi ements—definitions of ...... 1.7 (I.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 definition of..........................................1.8 deliveryof....................:................. 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, 9.1 1, 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 ....................................... 11.411.7 Exclusions to........................................1.5 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.......................................10.3-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work......................................11.3 Change in Contract Times — Claim for times adjustment .... 4.1, 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. 13.14, 14.7, 15.1, 15.5 Contractualtime limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER,s and CONTRACTOR's con - trot............................................... 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 CONTRACIOR's fee ............... ....... 6 . .. 11.6 Cost of the Work ............................... 11.4-11.7 •1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 C ,;r Paragrap), 4,ttcle or Paragraph ' Nan her 6 2. 6` 9.2, Number Cost Reco-�s ... .. ... . II.% general .. .. ... ....... ... .... ......I de in :it i of .. .... ..... .... ... 1 9 Haarc C.r, •nurication Programs ..... ...... .... 6.22 ' errer2erties ... .... ... ... .. ... . n 23 Completion— ENUINF-ER s responsib lty .. ... . 3 3. C.4. Ill. I:..I Firal App•icatlon for Pa}ment .... . 14.11 enCL i iC❑ of .. .... .. . 10.4 Firal Inspection ...... .... .... .. ..... .... . 14 11 .t emn.ficancn 2.5 IN. ".31, 6.33 Firal Pasrrent an Acceptance . .... ..... .. 14 13-14 14 : nur.,nce. Rord,..n.: .. . '. 5.;3, .0.° Palial Cahzaiion ............. ... ... ... ... I4 10 OW NER rr.a, term nave .. . 5.2 -Is 4 Substantial Completion .... .... .. ..38. 14 8-14.9 OW NER s Respt rNihd Iv ... 4 t. 0.4 W'a ver of Claims . 14 15 OhvsicalCud.;tn, - omnutt: on of Times ... .... .. .2.I -17.2.2 ' Sabsu-face and. . . .. . . ... ... .. 4 2 Concerning Subcontractors. .. 4 3.2 Sappl.ers and O:bers .... ... ........ ..... . 6.8-6 Rea Ird Doxumerl, .. .. ... .. 6 i9 Conferences— S..Ipe .:f Change .. .. 4 ' t- ' 4 ni:.ally acceptab a schecules ..... ..... ..... 2.9 V.- ....... .... ... ..... ............ . preconstrucuon 2 8 Ln.t ?n.e WcrK ... .. .. ... .1.9 CoiP.ict, Error, Ambiguity. Discrepancy— v;.iue of Werk. c: vexed .s ... .. . i 1.3 CONTRACTOR to Report ........... ........ 2.5, 1.3.2 Changes n :re W.ua .. ... ... .. .. I0 Cuns:tact:on, afore starting ng by CONTRACTOR .... 2 5_2.1 No. lica: oV W -u•ety . 10.5 C onstrbction Machinery. Equipment, etc. 64 O3i`9`R'sacdCONTRACIC1q',ie,p•rvi:itie s . ..:0.4 Continuing the Work......... ..6.:9 i04 Right to an ..d)u,: rent .. .. .. . . .. 3.2 Contract Documents— ' .Sc.•pe of ch nge . .. .. :, 3-104 Anending .. .... ...... ........ .... Bonds.. ... .... .............. ...... .... 5 I . n 16 Cash A.lowances ...... .... ... ... ............ 11 8 ... 6 3: Change of Contract Price ...... ... ..... ...... .... I1 ' rgairst JWN ER .. 6 3: Change of Contract T.mes .... .... ............ .... 12 Chu. ge o! C a•:riot Price 44 112 Changes ir. the Work ..................... ..... IQ4-10.5 94 21 check and verify ... ........... ... ...... ...... . JNTRACI OR's 4, '.1 9 4 6 <. II Iii :. 112. 11.9. Clarifications and Interpretations ....... 3 2, 3 6.9.4, 9.11 ' (' I: 1 14 r I ` 1, I ` 5. 1'' definition of .... ........... .................. . 1 10 CON I RACTUR's Fee ... .. 116 ENGINEER as initial interpreter of ........ ..... 9.11 ('CrtiTRAI: r;1R's : ;.!•ih;v .., ' 4 n 12. 6 16, 6.31 ENGINEER as OWNER's represenatrve ... ..... . 9.1 ' r'cs::1 :he W'oik ... . ... ..... 11 4. 115 general ... .... ....... .... .... ..... ...... .... 3 )eci, pis rn D ,puxs 9 II, 9 i2 Insurance .... ................. .... ..... ` 3 ✓n; Lte Re„I..tr.m .. . .... ... !h 1 Intent ... ..... ....... ... .... ........... .. 3.1.? 4 :)IrLie Re,Ciu:ion Ag-erment . 15.1-6.6 miner variations in the Work .......... t ' E:NGINFL'2 a, r..nal i- ter_rea,- .. ... 9 ' OW'NER's responsibility to furnish data .......... . n I Lmr Starr ?rcirg . ' ..3 2 @WNER's responsibility to make Nsi:e .d .... ... prompt payment .. ..... ... .......... 8.3, 4 4 14 I i . 4 4. '1 s. •). ". '0 2, : ' '_. l l 9. 12.1. p,ece..ence .... ..............................I. ......... 3.1. ? 3 3 ' 3 9. ' 3 ? I?.14 I % ? Record Documents :... . .. ............... ..... h. l9 . . .. . . . `. ` Reference to Sandals and Specifications OWN ER r. a. -arose :c n-..ne pay mein ..... .... l4 % of Technical Socie::es ............ ............. . 3.3 • P.o•ecsicnal Fees and Coact Costs IrciLded .. .... 175 Related Work . ......... req, e t for fsrnal decis.or on ........... 9 I1 Reporting and Resolving Discrepancies ..... 2.5. 3.3 SLh,titute tens .. .. .... .. ... 6.;.1 2 Reuse of .. ..................... .......... .... ) Tire Esten,ion ..... .... .. ... ... ... 12.1 Supplementing ....................... ...... ...... 3 6 IT ire reau renentc .. ... ... ... 9.1. :2.1 Termination of ENGINEER's Employment ......... 8 2 Lni: Price WVo-k .... .... .... ..: 13.3 Unit Price Work ...... .............. ............ 119 variations . .... ................ ........ 3.6. 6 23, 6 27 W:.iver �.f—.:n F.nal PIN],ten: .. ... :4.14. 14.15 visits :o Site. ENGINEER's ................ ... 2 ' Work Ch.,nce Drecuve .. ..... -. 10.2 Contract Pr.ce— w :ce nonce -egaired ... . . ... ..9.11 112, 12 I adjustment of ................3,5.4.1. 9.4. 10.3. 1'.-,1.3 (Ianfcau.in, ,. ;1 :rter. re:attrnc ... 3 b 3.9.4, 9.11 Change of ..... ............ ... ............ . II ' l.lear. Sr•e .... .... .. ... ... ..... .... 6.1" Decision on Disputes ..... ......... ...... ...... II Codes cf Tect-n:caS.k et, I•rgdvti: on or definition of .. ...... ..................... ... 1 11. Associa: or . .. . . ......... 3.3 3 Contract Times— .... . l'anrence-nent of Contract I: nes ..... ... 2 3 adjustment of .... ....... ......... 3.5, 4.1, 9 4. 10.3. !2 ' C ,rrmunica:tors— Charge of ....................... ..............'12 5 I Article or Paragraph Number Commencement of ................................... 2.3 definition of ......................................... 1.12 CONTRACiOR— Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work................................6.29, 10.4 coordination and scheduling ......................... 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 ...........................45.2 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, Suppliersand 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...............................................530 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal.....................................5.25 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, 9.13 for deductible amounts, insurance .................. 5.9 general ................................. 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification ..............................6.31-6.33 Labor, 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 or 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.I I, 10.2, I I.2, 11.9, I2.1, 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 .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.1 I Supervision and Superintendence ...........6.I, 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 Time limits .............................. 12.2 Coordination -. 1 ,1 1 I 1 1 1 I L I I Arttcre or Paragraph ' ' ..... V umver CONTRACTOR'S responsibility ... ... .. 6.9.2 Copies of Documents .. .... ..... .. ... ... . ... 2_.2 ' Correctien Period ........ .... .... .. .. ... Iz.'2 Correcticn. Removal or .Acceptance of Defective Work in general .... ... .... . . ...0.4.1, II 10-1)14 ' Acceptance of I.eect.ve Work . . . .. ..... 13.13 Corection Cr Removal of Detective Work ... 630. 13.11 Correction 1'Ynod . .... .. . . .... ... ...... 13 12 OWNER May Correct Defective Worx . .... .... I3 14 • ' OWNER May S:cp W'orti ... . . 11 10 Cost — of Tests and Inspections ... .... ... 13 4 ' Records .... ... ... ..... ... ... ... II Cost of the Work — Bonds and nsu-ance. ad:iticnal . 114 5 9 ('ash Discounts . .. . . ..... .... .... ..... II 4• CONTRACTOR's Fee . .... . . .... I1 6 Employee Expenses .. .... ... .... .... 114 5 I Exclusicns to .... .... .... ... ..... . .. 11 5 General ..... ... ..... . . ... ..... .... . 1 1.4-11 5 ' Home office and cverhead experaes ... .... - . II x Losses and damages ... .. ... .... ..... 1 1 4 5 6 Matecals and egdipment .. .... ... ..... 1142_ Minor expenses .... .. .... ... .... .... II 4 5 8 ' Patrol: costs on .changes .. .... . . ..... 11.4 I performer by SLbcon:ra:A.is ....... .... .... ..... 114 3 Records ... ... .. . .... .... .... ... 11.', ' Rentals of construc:.or. e.;u;poem and mach.nery . 11.4.5.3 Rcyaity payments. -ern is and I.cense fees . 114.c.5 Site afire a ,d :emporary fac.li: es .... ..... 11.4.5.2 Special Co;sLltarts, CON'rRACIYoR's .... 1 :.4.4 ' SLpplernen:a: ... .... .... . . ... .... I ;.4.5 Taxes re'ated :c the Work .-. .. ... .... 1.4,5.4 Tests and Inspection . ......... .. .. .. .. 34 ra.:e Discounts . ... .... ..... .. .4.2 ' 1.:.linni es, fuel and sa:an .7 faL.Ilt:es .... .... .. 1.4.5 Wb-k after :egu ar hours ... .... ...... .. 114.1 Coveing Wcrk ... . . . . .... .... .. . 73.(+13. % Camulative Retried es . .... .... ... 17,4 -IT Cutting fitting and oatcti rig 7 2 Data. to c fu-nisned by CWN ER .. .. . 83 Day—deSnition cf .... ..... .... .. .... ...... 1; 2 2 ' Decisions on D:spu:es .. ... ..... 9 I I. 9 12 defective�efini::on of .. .. 1.14 defective ' Work — Acceptance of . ... ......1 1 4 1, 13.13 Correction or Removal of . 104.1. 13.11 Correction Period .............. u_. 13.2 m general .... .... .... . ... ..... 13. 14.7. :4.:1 ' Observation by ENGINEER ... . . ..... .... v.2 OWNER May S:cp Work .... .... ... ..... .. 1.T.10 Premp: Notice of Defects .... . .... . . . 13 I Rejecting .. ... .... . . ... ...... .. .... 96 ' Uncovering tae Wcrk.... .... ............ .... 13 8 Definitions . . I relays ... .... 4.', 6.29, 12.3-12.4 Ielivery of Bonds .. ..... ... .. 2.1 Dcivery of certificates cf ms.:rance .. ..... ...... ... 2.' 4rric;e or Paragraph ,N mber Determinations for Urn: Prices .. ... .... .... . 9.10 Differing Subsurface or Physical Condit ons Notice of . .... .. ..... .... ..... ..... ..... 4 2 3 ENG:NEER's Review .. ... 4.2,4 Possible Cen!ract Documents Change .... . . . 4.2.5 Possible Price and Times Adjestnen:s . ... ...... . 4.2.6 Disc-epancies-Reoormg and Resclvirg . 2 5, 3 3.2. 6 14.2 Disaute Resclution— Agreernen. ... ... .... .. .... ...... ..... 16.- 5.5 Ar^oration .. ... .... .. .... !b.;-;5. 5 genera ... .... ... .. .6 Mediation ... ... .... .... ... . .. ..... ... . 16.6 Dispute Reso u: on Ag-eement ..... .... ... .. 15.! i6.6 Disputes. Dec siors "y ENGINEER ..... ..... 9 I !-9 12 Documents — Copies of .... ......... .... ............ ....... . 2.2 Record .. ....... .. ..... .... ..... ...... ..5.19 Reuse of ..... ... ..... .... ..... ...... 3." Drawings—le5mtior, of . ..... .... ..... . ... .15 Easements ..... .... ..... ......... .. . I.. . . 4 I Effect.ve date of Agreement —definition of .. ....... .. 1.16 Emergencies ...... ..... .... ..... ..... ....... 6.23 ENGINEER — as initial interpreter on disputes .. . .... ...... 9.11-9.12 definition of ..... .... .......... ........ ....... . 1.1; L imitations on authority and responsibili::es .... .... ..... ...... ...... . 9.13 Rep;acement of ..... .... .... ....... ... 8 Resident Pro•ect Representative ..... ..... ...... 9 3 ENGINEER's Consultant --definition of ...... ....... 118 FNC, INEE awhonty and responsibility, :imitations on . ...... 9 13 .A4thorizeC Variations in the Work ... ........ ... 9.5 Change Orders, responsibility for ... ...... 9.7, 10, I1, 12 Clanficat.ons and Interpretations ............ . 3 6.+. 9.4 Decisions on Disputes .. . ......... ........ 9 119.'2 defective Work, no::ce of . .... .... ........ .... !3 I Ev aluation of Subs::tute Items ............... ..... 6.' 3 L ab.l'ity ... ... .... ........... .... ...... 6 32.9 2 Notice Wort: is Acceptable .......... ...... ..... 14 .t Observaticns .. .... ..... ........... .. ... 6.10.2, 9 2 OWNER's Representative ................ ..... .. 9.1 Payments :o the CONTRACTOR, Responsibility for . ................. ....... .. 9.9. 14 Recommendation of Payment .... ............:4.4. 14 13 Resporsibili::es— Limitations on ...............................9.11-9 13 Review of Reports on Differing Subsurface and Physical Conditions ............ ....... ..... 4 2 4 Shop Drawings and Samples. review responsibility ................... ............ .....26 Status During Construction — authorized variations in the Work . ....... .... Q 5 Clarifications and Interpretations .... ...... .... 94 Decisions on Dispt.tes ............. ......... 9 11-9.12 Determinations on Unit Price ................... ENGINEER as Initial Interpreter .... ........ 9 11-Q.2 ENGINEER's Responsibilities ......... ...... 9 1-9.,2 Article or Paragraph Number Limitations on ENGINEER's Authority and Respu .sibilities...................................9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work ... _....................... 9.6 Shop Drawings, Change Orders and Payments .................................... 9.7-9.9 Visits to Site......................................9.2 Unit Price Determinations ........................... 9.10 Visits to Site.........................................9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ...................6.3-6.5 Equipment rentaltost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions...................................6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions ................... 4.2.1 Fee, CONTRACIOR's—Costs-Plus ................... 11.6 Field Order — definition of........................................1. issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection......................................14.11 Final Payment — and Acceptance ..............................14.13-14.14 Prior to, for cash allowances .........................11.8 General Provisions ............................... 17.3-17.4 General Requirements— defintion of .......* .................................. 1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6,24 Giving Notice ........' ................................. 17.1 Guarantee of Work —by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of........................................1.21 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection— Certificates of ......................... — 9.13.4, 13.5, 14.12 Final.............................................. 14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER ......................... 5.14 Additional. required by changes in the Work ................... . .......... .. 11.4.5.9 Before starting the Work ............................. 2.7 Bonds and —in general.................................5 Cancellation Provisions ...... .. 5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations .............................. 5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility....................................5.9 Final Application for Payment ...................... 14.12 Licensed Insurers ....................................5.3 Notice requirements, material changes..................................5.8, 10.5O Option to Replace..................................5.14 other special insurances ............................. 5.10 OWNER as fiduciaryfor insureds .............. 5.12-5.13 OWNER's Liability..................................5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property........................................5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12.5.13 Special Insurance...................................5.10 Waiver of Rights....................................5.11 Intent of Contract Documents .......................3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment ....................6.3-6.5 Lands — and Easements......................................8.4 Availability of...................................4.11 8.4 Reports & Tests.......................4............. 8.4 Laws and Regulations —Laws or Regulations— Bonds...........................................5.1-5.2 Changes in the Work ................................ 10.4 Contract Documents ............ ....................3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Woric .................. 13.12 Cost of the Work, taxes ......................... 11.4.5.4 definition of ........................................ 1.22 general.............................................6.14 Indemnification................................6.31-6.33 Insurance............................................5.3 Precedence....................................3.1, 3.3.3 Reference to.......................................3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises....................................6.16 Visits to Site ...............................6.........6.9.2 Liability Insurance— CONTRACTOR's.................................... 5.4 OWNER's........................................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens — Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of ........................................ 1.23 Waiver of Claims..................................14.15 Limitations on ENGINEER's authority and responsibilities.....................................9.23 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ...................... 14.12 Manuals (of others)— Precuknce......................................6 3.3.3.1 I 1 El I 1 I L I I I I H H I 1 H Li I H 11 I I I Il I I I I n I C I I 4rrirfe cr Paragraph Sari he' Reference t., in Contract Documents ....... ... . 3.3.1 Ma:erias and equipment— fun:ished by CONTRACTOR .... .. .... ... .... 63 not i9corporated in Work .. .... ... ... .... ..... 14 _ Materials or equipment--egdiva:ent .. ... ... ... ... 6.' Mematicn tOpt,oral) .. ..... .. .... .. ... 16.'• Mi:estones—definition of ...... ... ... ... .... .... 1.24 Miscellareous— Comcutat:oo of T mes .. .... ... Cumulative Remedies .. ..... ... ...: 7.4 G'' ng Notice ... 17.1 Notice of Claim ........ ... . .. ... ... ... ''.3 P-ofesstcn.d Fees and CThun Cc sts E.^.cliced .. ... i' 5 Multi -prime con: acts .. .. ... ... .. 7 Not Shown or Indicated .. ... .. .... . 4.3 2 Notice of— Acceptabdity of Project .. ...... ... ... . 14 13 Award, definition of .. .. ... .... 1:5 Claim .... ..... ...... . . 1; 3 Defects. ... 13 1 Diferirg Subsurface cr Physica. C:nditions .... ....4.2 3 Givirg .. ... ..... ... ... ... .. ... .... 17.1 Tess and inspections ... ... ... ... .. ....13 3 ½nation, St -or Drawing and Sample . ... ... ... 6.27 Notice to P-,oceed— defini::on of .. .... .... ... .... .. 26 giving of ... ............ ... ... . .... . 2.3 Notification to Surety .. .. .. .. .... .... 10.5 Observations, by ENGINEER ....... ... . ... 6 ?0.92 Occupancy of the Work .... ....... 5 15. 6.20 2 4, 14 10 Omissions or acts ny CONTRACTOR . . .... . 6.9, 9 13 .Ylpen xnl" po icy. form, Insurance . ... ... ..... 5'.2 Option :o Replace .... .. .. ..... .5 '4 •'Or Ezual" Items ..... `'' Othe: work .... .. .. ..... .. ... ...... . Overtime Work—prov^tticn of ... ... ... 6.3 OWN ER — Acceptance of detective Work .. ....... ... . .. 13 appo n: an ENGINE ER ... ... . . .... .... .. 8 as hdt.c:ary ... .... ` 5 A%aila.;tuty of Lands. ; esponsibibty ...... ... . 4.: defini:ion of .... ... .. .... ... ... ..... � _ .data. furnish . .. .... ..... .... .. ..... .... .... 8.? May Corect Defective Work .......... ... .... 13 14 May refuse to make payment .... -. .... .. 14 May Stop the Work ........ .... .. .... ... 13.10 may suspend work. terminate . ..... .. .. 8.3, :3.0. 15.1-154 Payment, make p:ompt .... .... . . . 8.3, 14 4. 14.13 performance of other Work .. ..,- permits and licenses. reguirenterts ... .. . ..... ... 6 13 eurc'ased insu-ance -egJirements .... .... . s.SS'0 OWNER'S — Acceptance of the Wcrk .. ... .. ... ..... 6 Charge Order'. o:hga:.en to execute .. .... .... .. ... .... $6. 104 Communications .................. .. .... .... ..8.1 Coord:natior of :he Work .... .... .' 4 Disputes. request for decision ... ... .... .9 .11 Arttcie or Paragraph Number Inspect:ons, te. ; and approvals .. .... ... .. 8., 13.4 Liability Insurance ..... .......... ... ...... .. . 5.5 Not:ce of Defects ..... .... ... ... .... .. .. .3.1 Reoreser.tative—Turin;, Construc::on, ENGINEER's Status ..... ... ... .... ........ 9.; Responsibilities — Asbestos. PCB's, Petro'eum, Hazardous Waste on Radioactive Material ......... .... .. 8.0 Change Orders ....... .... .. ... .. .... 8 6 Changes in the Work ...... .............. • • communications ........................ ... ..... ... . 8 I CONTRACTOR'S responsibili::es .... ...... .... 8.9 e.idence of fnanciai arrangements . ..... .. 8 II nspections, t••sts and aporovals ................ 8 7 Insurance ....................... .... ...... ....8.5 :ands and easements ....................... ... 8.4 prompt payment by ...... ........ ..... ..... 8.3 rep acement of ENGINEER .. .......... ........ 8.2 reports and tests ........................ .... S4 stop or suspend Work ....... ........ 8 8. 13.C, IS l terminate CONTRACTOR's services . ....... 8.8, 5.2 separate representative at site .......... ...... ..... 9.3 independent testing ... ..... ... ............ .... 13.4 use or occupancy of the Work ..... ................... ......... 5.15 14 10 w ntten consent or approval required .............. ............ I. . 9 1, 63, 3, 114 written notice recurred ....... .. ?.1.9.4. 9.11, 11 2, 11.9, 14?, ' 5. PCBs— - definition of .................... ..... ...... .. 129 general ........ ...... ........ ...... .... .... 45 OW'NER's responsibility for ................... ... S.i0 Partial Ut:lization— definit:on of .............. I ....... ..... ...... ..' genera : ... ........ ...... .............. 6.10.2.4. :4.10 Property Insurance .. ...... ........ .... .... .5.15 Patent Fees and Royalties .......... .... ...... .... 6 12 Pay rent Bonds ............................C ......... Payments, Recommendation of ..... ....... 144-14 "• 14 13 Payments to CONTRACTOR and Completion — Application for Progress Payments ........ ..... .. 14 2 CONTRACTOR's Warranty cf Title .............. .. 14 3 Firal Application for Payment ... ............... ..:4.i2 Final Inspection ................................. 14.11 F.na. Payment and Acceptance ...... ..6..... 14.13-I4 •4 general. ... ......... .......... .....4.6........ 8 3, 14 partial Utilization .............................. ... 14.10 Retainage ............................ ........... •4.2 Review of Applications for Progress Payments ......... ...................... . la 4-14.7 prompt payment ............... ........... .... .... 8 3 Schedu:e of Va.ues .................. ............ . '4.t Substantial Completion .......... ............ . 14.8-14.9 W'aivcrofClaims ..... ............... ...... .....1415 when payments due I ....... .... ............ 14.4. 14.13 withholding payment ..............................14.1 Performance Bonds ...... ..........•...........- . 5.1.5.2 Itrmits ...................... ,... 6.13 1 9 Article or Paragraph Number Petroleum — definition of ........................................ 1.30 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and.......................................4.2 Underground Facilities ....4..4....4....4 ............. 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or ...................4.2.3 .................. 4.2.3 Subsurface and .............................. ....... 4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................42.2 Underground Facilities— general..........................................43 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................4.3.! Technical Data.....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ......................................2 PreliminarySchedules..................................2.6 Premises, Use of ................................. 6.16-6.18 Price, Change of Contract ...............................Ii Price, Contract —definition of ..........................Ill Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8. 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of..................................1.31 Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident —definition of......................................1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional ..................................... `.... 5.7 general ..........................................5.6-5.10 Partial Utilization ...........................5.15. 14.10.2 receipt and application of proceeds..................................5.12-5.13 Protection, Safety and .......................6.20-6.21. 13.2 Punch list............................................14.11 Radioactive Material— definition...........................................1.32 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4. 14.5, 14.13 Record Documents .............................6.19. 14.12 Records, procedures for maintaining .................... 2.8 Reference Points.......................................4.4 Reference to Standards and Specifications of Technical Societies ... .............................. 3.3 10 Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work...............................9.6 Related Work — at Site ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Work .................................... 13.11 rental agreements, OWNER approval required .......................................11.4.5.3 11.4.5.3 replacement of ENGINEER, by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports — and Drawings......................................4.2.1 and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative — definition of ........................................ 1.33 provision for ......................................... 9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— CONTRACIDR's-in general ........................... 6 ENGINEER's-in general .... 4 ................ 4 ......... 9 Limitations on....................................9.13 OWNER's-in general..................................S Retainage............................................. 14.2 Reuse of Documents...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments .......4 ................4........4..4. 14.4-14.7 Right to an adjustment .......4..4.....4.....4......... 10.2 Rights of Way ....................4...44.4.............. 4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ...........4......4..4..4...... 6.18 Safety — and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general........................................6.20-6.23 Representative, CONTRACTOR's ................... 6.21 Samples — definition of........................................1.34 general........................................6,24-6.28 Review by CONTRACTOR .44.....4..........4..... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work ........................................ 6.28 submittalof.......................................6.24.2 submittal procedures ................................6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6. 2.8.2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules — Adherence to.....................................15.2.1 Adjusting...................4.......4.4.......4...... 6.6 Change of Contract Times ..........4..4.44......... 10.4 Initially Acceptable ...............................2.8-2.9 Preliminary .4....4.........4...........04.6.......... 2.6 Scope of Changes ..............................10.3-10.4 Subsurface Conditions ..4.......4.....4...4......... 4.2.1.1 I I I I [J I I I I I I I I I J I I H U I I I Hi I I I I El I Article or Paragraph \'umber Strop Draw%ngs— and Samples. general ............ ....... ... . Change Orders & Applications for Payments. and .... ..... .... . . .... ... 9.7-9 9 definition. of .... ... ..... ..... .. .. . .... 1 35 ENGINEER's approvai of . . .. .... ... .... 3 6: ENGINEER's •esponsibd.ly for -eview .... ... .... 9 7. 6 24-6.28 related Work .... ... .... ..... ... .. ... ... 6.28 rev.ew procedures .. .... ..... ... ... . 2.8, 6.2411.:8 submittal requires ........ .. .. ... ... .. 6 24.1 Submittal Procedures .... ..... ... ... .. . . 62.5 use to approve substitutions 6.7.3 Shown or Indicated.. ... .. .. .4.3.1 Site Access .. ... ........ .. .. '2. 13.2 Site Cleanliness .. .... .... ... ... .. .. 6.1" Site, Visits to— cy ENGINEER .... .... ... ... ..91, :3.2 by others .................... . ... .. .... . 13.2 "Special causes of loss" policy form, insurance .... . 5 6.2 Spec:fications— definition of .... .... .... ... .. .... .. 1.36 of'rechnical Societies, .eference to ... ... .... .. 3 3.1 precedence . .... .... .... .... .... ... .... .. 3.3.3 Standards and Specifications of Technical Societies ... ... .... .. ... .... .... . 3.3 Sarttrg Construction. Before . .... .. .. 2.5--2 8 Starting the Work . .. . ..... ... ... ... .... 2 4 Stop or Suspend Work — by CONTRACTOR ..... .... ................... ... .... . 15.5 by OWN ER . ... ..... ..... ... ... .8.8, .3.10. 15 1 Storage of materials and equipment .. 4 I. 72 Structura. Loading, Safety .. ...... ... .... . . ..... 6 18 Subcon:actor— Concerning. ... ... ...... ..... ... . . . . 68-6 II definition of ... .. .... .. . .... .... .. .... 1 37 delays .. .. .... .... ..... .. . ... . ... ..... 12.3 wa.ver of rights .... ... . .. ... ... ... .... 6.11 Subcontractors—ir gene -al ..... .... ... ... . . 6 8-6.1 1 Subcontracts—•equ.red prosislims . ... 5.11. 6 I1, 11.4.3 Submittals — Applications for Payment ... .... ... '. .:. .. 14.2 Maintenance and Operation Manuals .. ... .... .. '4 t2 Procedures ` 25 Progress Schedules ....... ..... .... .. ... .. 2_.6, 2.9 Samples ... .......... ........... ... .. .. 5-24-6.28 Schedule of Values .... ...... ... ... ... .. 2.6. 14 1 Schedule of Shop Drawings and Samples Sutmissions ....... ... . . 2.6. 2.8-2 9 Shop Drawings .... ..... ..... .... .. .. .624-628 Substantial Comp.etion— cenlfication of . ..... .... ..... .... 6 30 2 3. 148-14.9 definition of ... .... . .. .... ... ... .... ... I.38 Substitute Construction Methods or Procedures ... ... Substitutes a -td ' Or Equal" Items .... ........ ..... . 6.7 CONTRACIOR's Expense .... ... ... .. 6.".1.3 ENGINEER's Evaluation .... 6.73 "Or -Equal'' . ......... ...... .... .... . . ...... 6.7 1 Substitute Construction Methods of P-ocedures ..... 6 7 2 .Article or Paragraph ti'umber Substitute Items ... ...... . .. ... .... ..... 6.7.1.2 Subsurface at Phv�ical Ccmcntons— D'aw ings of. nor relating to ... ... .... .... 4 2.'.2 ENGINFER's Review 42.4 gerera. .... . ... ..... ... .... . 4 2 Limned Reliance by CONTRACTOR Authorize.: .. ...... .. .. ... ... .. 4 2 2 Notice of D.fferng Subsurface cr Physical Corditions ............... . 4 2 3 Pt s sisal C on: itions .. .... ... ....... .... . 4 2 I P,)ss-b e Con:ract Documents Change ... ... .... ....4.2.5 Foss be Pnce and T.mes Adjustments . .... 4 2.0 Reports and Drawings ......... . . . . . . ... 12 I Subsurface and .. ... ..... .... .... 4 Subsurface Conditions at the Ste .. .. .... 4.2.1 I ,cch.n.cal Daa .......................... .... .... ... ..... .. 4 : 2 SJpe'Nts:on— - CONTRACTOR's responsibiury ....... 6 I OWNER shal. not supervise ... .... . .. . .. H 9 ENGINEER steal' not supervise .... .... ..... 9 2. S 13? Superintendence .... . ....... ........ . . .. . 6 2 Superirtendent, CCNTRAC"IOR's resicent .. . u S.ipcle:nental costs .. ........... .... ... ..... .. 11 4 5 Supplementary Condit:ons— defn.lton of ........ ....... .... .... .... ...... 1 39 crincipal reference :o .. 1.10, 1.18, 2 2, 2.7. 4.2, 4,3, 5 1. 5.3,54, .6-5.9.511.6.8,6.3.7.4.8.11,93,9.:0 Supplementing Contract Documents .. ......... ... 1 6 Supplier— defin.tion of ... .... ...... .... .... .... ...... 14U pnrcipal references to .. ...... .... ... 3.7, 6.5. 6 8-S II, 6.20. 60..24, 9.13, 14.': Waiver of Rights .......... ......... .... ..... 6 11 Surety — consent to final payment .. .............. ... 14 12. 14.14 ENGINEER has no duty to .. ... ........ ...... 9 13 Noiificatton of . .... ...... .... ... ... 10.1. .0.5, 15 2 Yua.tfcation of ..... ....... .... ........ ..... 5 I.s I Sun 'al of Obhga:ions .... .... .... ... . .. .. 6.34 Suspend Work. OWNER May .... ... ..... . I? 10. s.: Suspensicn of Work and Termination. . ... ...... ... 15 CONTRAC .OR May Stop Work or ..... Te:n•.trate .......................................c ... . Is.5 OWNER May Suspend Work ... ............... ... 15.1 OWNER May Terminate ............ .... ..... 15.2-15 4 Taxes -Pay rner.t by CONTRACTOR ..... .... ...... 6 Is Technical Data — Limned Rel ance by CONTRACTOR ...... .... 4 '_ 2 Possible Pnce and Times Adjustments ..... ...... 4 '_ 6 Reports of D:ffenng Subsurface and Ptiysiw, Corditions ........... ........ ...... 4.2.3 Temporary construction facilities ........ .... .... ... 4 1 Termmation— by CONTRACTOR ............. .... ..... ...... 15.5 by OWNER ... .. ... ......... .... 8.8. IS 1-15 4 of ENGINEER's employment ........... ...... ... S.2 Suspension of Work -.n general ..... .. . 5 Terms and Ad.ectises .... .... .... ..... ...... . .. 3 4 Tests and Inspections — C Article or Paragraph Number Acc'.ss to the Work, by others ...................... 13.2 CON FRACPOR'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...................................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 12 Article or Paragraph Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14..10 Value of the Work ..................................... 11.3 Values, Schedule of ....................... 2.6, 2.8.2.9, 14.1 Variations in Work —Minor Authorized................................6.25. 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment ........................................... 14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General --by CONTRACTOR ....................................6.30 Warranty of Title, CONTRAC TOR's ................... 14.3 Work — Access to ........................................... 13.2 byothers . ............................................. 7 Changes in the ............................4. .. 10 Continuing the, ..................................... 6.29 CONTRACTOR May Stop Work or Terminate...................................15.5 Coordination of......................................7.4 Cost of the..................11.4-11.5 definition of........................................1.43 neglected by CONTRACTOR ...................... 13.14 other Work............................................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, mirror...........................................36 Work Change Directive— clairtis 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... L10, 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 — by CONTRACTOR ........ 7.1; 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 I I .1 I I 1 I L 1 I n I LI fl I I C I Li I I I I I I I GENERAL CONDITIONS ARTICLE I —DEFINITIONS Additi;)r.s SC Wherexer used in these General Condit ois or in the other Contract Documents trio fcl ow ng terms :rave the meamrgs incicated which are anplicaole to bt.th :he ngalar and p.ural thereof: I.I. Addenda—'Ariten or grac"tc irstrurrtents issued rnmr to the epentrg of Bids which ...rfy, erect or charge the Ridding Requirements or :he C,.n:ract Doc,.men:s 1.2. Agreement —The written contract between r)% NER and CONTRACTOR cove-iig the Work to t+e tenoned; o:7er Contract Documents a:e irtached to the Agreement and .made a part thereof as prcv tied therein. .3. Applica::on Jo' Pavraent—The `era accepted o} EN- G:NEER w vch is to use -y t 'CN ; RAC'UR .n ieque<tirg progress o• Enal payments ari w tick is to be accompan.ed by such supporting documentaricn he is regaued "v the Contract Documents 14. 4sbestos—Any materal :hat ccntains more thar ore pc -cent asbestos and :s friable ur is -e!ea' rig asoestos fibers into the air. above curric-it scum le.els established ry the United States Cccurahana. Safety and Health Adrrrnrs:.aticn 1.5. Bid —The offer or p-oposal of the b dder s.:brn lted or. the prescnbed .form setlirg forth :he r-1ce, fu • the Wcrk :o he perfo:rr:ed. I.F.. Ridding Documents —]'he .,dver.:sement o- imitation to Bid. msrr cticns :o nicders. the B:d Lcrn. and the proxsed Contract Documents ;ncLd,ng .i.l %dlen%.a issued prior :o -ecetpt of Bids'. ... B,ath'n Rega.re.m-nti—.he adxenisemert er mita- .on to Bid. instructions to ^iJde:s, and the Bid foam. 1.8. Bands —Performance and payment tonds and ,the nstruments of security. 1.9 Change Order —A document recommenced by ENGI- NEF.R, whica is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or rev ficn in the Wo-k. or an adj,ustment in :he Contract Price or the Contract Times, ssued on or after the Effective Dare ,of the Agreement .!3. Contract Documents —The .Agrecmert. Addenda (which pert&n to the Contract Docu-ner ts). CON IRAtTOR's Bid (including documents:on acccmpanytrg:he B d and any post B I documenta:ton suhmtted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Notice to Proceed, the Bonds, these General Cor.d:tions, the Supplemer.tary Conditions. the Saecifcations and the Draw- ings as toe same are more sperficaly i.:entified in the Agree - merit, together with all Written Amendments. Charge Orden, Wok Charge D roc:.v es. Pied Orders and ENGI%EER's written interpre' dons and c.anfications issue I pursuant to paragraphs 3.5 3 6 I. and 3.6.3 on Cr after the Effective Date of the Agreement. Shop Daw;ng submittals approved purst.- v-n to paragraohs 6 26 and 627 tic the -epo-ts and crawings .eferred to n paragraphs 4 2.'.. and 4.2.2.2 are -rot Contract Ihxun•ents. I I I. Contract Prtee=The acne} s tayabte by OWNER :o CO'TRACTCR for comp:etion of the Work in acccrdance wi:n the Contact Documents as stated :n the Agreement (sub:ect to the provisions of paragraph 11.9.: in the case of :. n t Price Work). 112 Contract Tines —The numbers of days or the dates stated n the Agreement: (i) to ach.eve Substant.al Com:.k:.or., and (it) to complete the Work so that it is ready cr nnal pay meet as evidenced by ENGINEER's written recorrrrenda- (ion of final payment in accordance with par„graph 4 3 113 CONTR4CTOR—The person, firm of corr•ation w.th whom OWNER has entered into :he Agreement 114. defective —An adjective which when n:ed•fying the word WerK refers to Work that .s unsat:sfac'cry, faulty or deficient, in that it does net confer to the Contract Docu- ments. or does not meet the requirements of any inspection. reference standard, test or approval referred to :r the Contract Documents, or has been damaged pnor to ENG1- NEER's . ecommencat.on of final payment runless response b.lity for the protection thereof has been assumed by OW N ER at Substantial Comdletion in accordance with pang: .ph 4 8 or 14 101. II S. Drawings —The drawings which show the scope eC:ert and character of the Wcrk to be furnished and per- formed by CONTRACTOR and which have been trepared er approved by ENGINEER and are referred to in the Contract Documents Shop drawings are not Drawings as so cefinec i ,6. Eilrrtne irate oft)ie .4greemerr—The date iiuicate3 in the Agreement on which it becomes effective, but .f no such late is indicated it means :he date on which the Agreement is s gned and delivered by the ast of the two parties to sign and deliver. 1.17. ENGI.'v'EER—The person. firorcorporationnamed as such in the Agreement. 1.:3. E,VGI,NEER's Consultant —A person, firm or coroo- ranen having a contract with ENGINEER to finish services as ENGINEER's independent professional associate cr con- su tart with respect :o the Project and who is identified as such :n the Supplementary Conditions. 1 19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change .n the Contract Price or the Contract Times. ' 13 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. !wens --Liens, charges, security interests or encum- brances upon real property or personal property. 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. Notice toProceed—A written notice given by OWNER 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. 14 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. 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, matenalman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —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. I I [J I I I I I I 1l I I I 11 I I I I Ii I I I] I t.43. Work—T1.c entire completed corstruc::on or the var- .o.is separately identifiable parts thereof required to he fur- rished under the Coutract Documents. Work includes and is the resu ( of performing or turn shmg labor and furn.shing and incorporating materials and equ•pmert into :hc construction. and perorm:ng or ft.rnish.ng services and furnishing docu- ments. all as recurred by tie Contract Documents. I,34 taor4Ckor.geD'recta.e—.Av.ntter.directivetoCON- TRACTOR. issued on or after the Effective Date of the Agreement and s gned by OWNER and vecnmmerded by ENGINEER. ordering an addition. deletion er revision :n the Worx. or responding to differing or unforeseen physical cond.- lions under which the Worx is to be --erfcrmed as provided in pangrach 4.2 or4.3 or toemergencies under paragraph 6 23. A W'cik Change Diiec•:ve wih not charge the Cortract Pr.ce or the Contract'i:mes. but is evidence that the par: es expect that the change directed or documer red by a Worx Change Direc- tive cod: be ncorpora:ed it. a subsequently issued Change Order following regot:auuns by the parties as to its effect, if any, on the Cortrac: P -ice or Contract Times as pro\ ded in paragraph 1(1_. 1.45. Wrr!tea Amendment —.A wnt:en amer.dmert of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of tie Agreement and normaley dealing with the ncnengineenng o- r ontechnica; rather than strictly constn.ctron--elated aspents of the Contract Docu- ments. ARf1CLE2—PREL1r1INAR7 M&ITERS I Delivery of Bondi: I I I I I L- 2 I. When CONTRACTOR .'.eli\ers :he executed .Ate - meats to OWNER CONTRACTOR steal. also de iver to OWNER such Bonds as CON': RAC'CR -nay be required to furnish in accordance with pa.-agr:wh 5 I Copies of Documents: _'mien see SC2.2 2.2 OWNER shad furnish to CONTRACTOR up to ten copies sunless otherwise specified in the Supp ementary Con - d lions) of the Contract Documents as are reasonabiy neces- sary for the execution of the Work Addmonai copies will be furnished, upon -equest, a::fie oust of reproduction. Commencement of Contract Tames: Votwe to Proceed. 2.3. The Co-itract Times win commence to run on t?e thirti- eth day after the Effective Date of the Agreement. or if a Notice a: Proceed s giver. on the day iedicated in the Notice tc Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement lr. no event wJ the 15 Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after t:ie Effective Date of the Agreemert. sh.cheserdate s earier. Starting the Work: :.4. CON T RACOR shall start :o per`crm the WorK or. the date when the Con:ract T men commerce to run. hilt no Work shall he dune at the site prior to the date on w h c h :fie Co -tract Times commence to -tin. Before .Starting Construction: 5. Before undertaking each part cf the Work. CON- TRAC IC)R shal. careful:y study and compare the Contract Lhcuments and check and verify pertinent figures shown thereon and all appl.cable field measurements CONTRAC- tOR shah promptly report .n writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or Janficatien .`tom ENGINEER before proceeding with an Work affected thereby; however, CONTRACTOR shad not be liable to OWNER or ENGINEER for failure to report any so-tflict. 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- mect (unless otherwise specifed in the General Requirements). CONTRACTOR shall submit to ENGINEER for review 2.6.;. a preliminary progress schedule indicating the nines ;rumbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents. 2 62 a pre!irninary schedule of Shop Drawing and Sam- , -.le submmals which will list each -equired submitai and the nines fcr submitting, reviewing and processing such oubmn- ta.: .6.3. a preliminary schedule of values for all of :'-e Work which will include quantities and prices of :ems aggregating :he Contract Price and wilsubdivide the Work into component parts :n sufficient detail to serve as the basis for progress payments dunng construction. Such prces w u1 •nclude an appropriate amount of overhead and profit appli- cable to each item of Work. 2.?. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to :.he other, with copies to each additional insured identified in the Supplementary Condi- tions, cer:fica:es of insurance (and other evidence of insurance w hich either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are -equired to purchase and maintain in accordance w,ih para- graphs 5.4.5.6and 5.?. r'1 di`.ion see SC 2. Preconsrruca'dn Conference: 2 g Within twenty days after the Contract Times start :o ran, but before any Wcrk at the site is started. a confererce 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 iw in paragraph 2.6. procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Iritialty Acceptable Sdreduks: 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 forthe sequencing, schedulingor 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 thCentire 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- 16 cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to 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, orto 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 responsibilities of OWNER, CONTRACTOR or 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 H r Gil r` s hi � E r E kE FE FE E J P Li I. J 1 I I I I I C L n Li I performance of the Work or any duty or authority to i.nder- take resporvibi'ity inconsistent with :he pros.sicns of para- graph 9.13 cr any other provision of the Contract Docu- ments. 3 4. Whenever in the Contract Documents the terms "as o-dered;" "as directed." "as required,' as allowed;' "as approved" or terms of like effect or import are used, or the adjectives "reasonable." "suitab e.'. .. acce.�t able," ' proper" or "satisfactory" or adjectives of .ike effect or import are used to describe a requirement. d-rection. weview or judg- ment of ENGINEER as to the WorK, it is intended that suc't requirement, direction, review orjudgment wilt be solely to evaluate, in general. :he comp e:ed Work for comp iance with the requirements of and information n the Contract Documents and conformance with the design concept of the completed Project as a .functioning whole as snown or indicated in the Contract Documents :unless there is a specific statement irdicatirg otherw;se) 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 responsibtl.ty contrary to the prove. sions of paragraph a 13 or any ether provisicn of the Contract Documents. Amending and Supp/nnenfing Coat ace Documents: 3.5 The Contract Docaments may be amended to provide for additions, deletions and revisions in tie Work or to modify the terms and condittors thereof in one or more of the followirg ways: 3.5.1. a formal Written Amendment, 3.5.2. a Charge Order :pursuant to paragraph 10 4), or 3.5.3. a Work Change Directive :pursJant to paragraph 10.1). 3.6. In addit.on. the requirements of the Contract Docu- ments may be supp emented. and minor varratior:s and devia- tions in the Work may be auttionzed, in one or more of the following ways: 3.6.1. a Field Order Ipt.rsuant to paragraph 9.5), ' 3.62. ENGINEER's approval of a Shop Drawing or Samp:e (pursuant to paragraphs 6.26 and 6.27). or C I I 3.6.3. ENGINEER's written interpretation or clarfica- ticn (pursuant to paragraph 9.4). Reuse of Docwnena: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights :n any of the Drawings. Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGIN EER or ENGINEER's t orsultant, and (ii) shall not reuse any of such Drawings, S:ecifications, other documents or copies on extensions of the P•oject or any other pmKct without written consent of OWNER and ENGINEER and specifc 'wntten ser..fica::on or adaption by ENGINEER ARTICLE 4 ---AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS :,4rimlabilif) of Lands: 4.1 OWNER shall furnish, as indicated :n the Contract Documents, the ands upon wnich the Work is to be performed, rghts-of-way and easements for access thereto, and such o:lcr lands which are designated for the use of CONTRAC'OR Upon reasonable written request, OWNER shall furnish CON- TRAC:OR with a correct statement of record egal title and egal descr.puon 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 tier. against such lamas .n accordance with applicable Laws and Regulations. OWNER shall icendfy any encumbrances or resinctions not of general application but specthcally related to use of lands so ft.rnt,hed with which CONTRACTOR will have tocomply in performing the Work. Easements for permanent structures or permarent charges 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 entibement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWN ER's furnishing these lands, -ilprtsof-way or easernen:s, CONTRACTOR may make a claim therefor as prov•ded in Articles 11 and 12. CONTRACTOR shall provide for all addi:uonal lands and access thereto that may he required for temporary construction faci;ities or storage of materials aid egr.ipment. 4.2. Subsurface and Physwd Con�iowt: 4.2.1 Reports and Drawings: Reference is made to :se Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditioner: Those reports of expo - rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in „reoanng the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of ph y sisal conditions in or relating to existing surface or subsurfa.:e s:r.,ctures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. I 17 I 4.2.2. Limited Reliance by CONTRAC7OR 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 gefferally 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—IJndergmund Foeifibes: 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 I C I I I I I I I IS I L I L I LJ C I I I I I I I information and data furnished to OWNER or ENGINEER by the owners of such Undergroune Facilities or ty ethers. Unless it s otherwise expressly provided in the Supclementazv Conditions: 4.3 I I. OWNER and ENGINEER tha I not be -esoon- s.h e for the accuracy or completeness of arty such irforma- tier. or data: and 4 3.1 2 The cost of all of :^.e feliuwmg wt.l be i-cludeo in the Contract Price and CON rRAC:CR .hall have full -,spur- s bility for .:` restew'ng and checking a I such iifcnration and data, Iii) locating all L nderp ound Pact:i t es show r. or • nd:cated in the Contract Documents, [iii) cocniiratior of the Wo-k wt;,', the owners of such Undergrounc Facilities durng conctructtor. and tis) the safety .mo protec..on of ail such i.nde-grund Eaci:ities as provided in pwagaph 5.Y) ano rena.i•ng any damage thereto resulting -rorr. the Wirk. 4.3.2. .No: Shoo ar fad:cur?J. if art Urde-grourd FactIi:y is uncovered or revealee at or con:.gucus :o the site which was not shown cr :ndicated n the Contract Docu-ner ts. CCN- TRAC I'OR shall. promptly after r'eco:nmg aware thereof and before frier d:sturhmg conditions affected there:y or per- fortn:ng any Wb-k in copnecuon therewith (except in ar. emergency as required by paragraph 5 2?I, identify the owner of suca Urdergrcunc Facility and g•se written notice to that owner and to OWNER and ENGINEER ENGINEER *it' promptly rev ew :rte Sri erground Fac lity and .ietcrmine the extent, if any, to which a change :s requi-ed :n the Oppose[ Ihxumerts to re9ect and uoc. Trent the consequences of the exis'ecce of :he Underground Facil ty. If ENC:NE.ER con- cludes that a change •n :^.e Cer.tract Documents is requ'red. a Work Change Directise or a Charge Or'er w.11 be iQsued as pros dee it.. Article 0 to relect and docuner.t such conse- quences. Dunr.g such : me. CNTRAC:UR •ha.l be respon- sible for the safety and proleLt:on of s,ich L nde-ground Fac.lity as prcv ded in paragraph 6 20. CONTRACTOR shat: be al- lowed .in ircrease in the Co^.te.ct Prce or an exten,ion of tae C: n:ract Times. or both to tae extent [rat :aey are a::tibutab'e :o the existence of any Lndergrourd Facil•ty that was not showy. or ndicated in the Contract Lkmcumerts and that CON. TRACTJR did nct know .1 and could net reasonably ^ave txen expected to he aware cf or to 'tale anticipated if OWNER and CONTRACFY;R a -e unable to agree on entitle- ment to or the amount or length of ary such adjustmert in Contract Price or Contract Times. CONTRACTOR may make a claim therefor as provided in Art Iles II and 12. However. OWNER, ENGINEER and ENGINEER's Consultants shall net be liable to CONTRACTOR for any chums, costs. losses or damages incurred or si.staired Sy CONTRACTOR on or in connection with any other pic)ect or anticipated project. ' Refen'nce Pointer: I 11 44. OWNER shall provide er.pneerng sjneys to estap- 'ish reference points for co.^.stnfct:on whi h :n ENGINEER' udgment ate nece,cary to enable CONTRACTOR :o proceed with the Work. CONTRACTOR shall be responsib•e for layng out the Work. shat p-orec: and preserve the establahed reference points and shall make no changes rr ie oeat,ors without the pnor wr•iten approval of OWNER CONTRAC- TOR shal report to ENGINEER wherever any reference point is lost or destroyed or requires rc.ocaticn bee rase of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or -elocation cf st.ch refer- ence points by profes,ionally qua;i5ed perscnrel 4.5. Asbestos, PCBs, Petrokurn. Hazardous Waste or Radki- active %laterial: 4,5.1. OWNER shal! be responsiHe fcr arty .Asbestos, PCE3s. Petroleum, Hazardous Waste or Rad oac'tve Material ..nurvered or resealed at the sale ''1 Lb was not shown or indicated in Drawings or Spectfcat.ons or identied hr. the Contract Documents to be within the scope of the Work rc which may present a substantial danger to persons or pmpeny exposed thereto in connection with the Work a: the -tie OWNER shall not he responsible tor any such rrate:ials brought to the site by CONTRACTOR, Sutxontraztor, Sipp'i- ers or anyone else for whom CONTRACTR is rc penstble. 4.5.2. CONrRACIDR shall imured:ateky. ( : step .ill Work in cornection with such hazardous ccnda:cn an.: n any area affected thereby (except n an emergency as re- qu.red by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice :n writing). OWNER shall promptly consult with ENGINEER concern- ing tae necessity for OWN ER to retam a quarfied expert to evaluate such hazardous condition or take corrective ac:ron, if any. CONTRACTOR shal not be required to resume W^rk in connection with such hazardous condition or in any -,uc1 affected area until after OWNER has obta.ned any •equ.red permits related thereto and delivered to CCNTRAC:OR special wrtten notice: li) specfy:g that such cond.uun and any affected area .s or has been rendered safe fcr the -esumpoon of Work. or ;ii) specifying any special cond.tions under which such Work may be resumed safely. If OWN E:R and CONTRACTOR cannot agree as to entitlement to or the anount cr extent of an adjustment, if any, in Contract Nice or Contract Times as a result of such Work stoppage or such specta: conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a c .um therefor as provided in Articles II and 12 4.5.3 If after receipt of suca special wr.tten notice CONTRACTOR does 'tot agree to resume such Work based on a reasonable belief it is unsafe. cr does net agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that ,s in connection with such hazardous condition or in such af- fec:ed area to be deleted from the Work. If OWNER icd CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any. in Contract Price or Contract Times as a result of deleting such port.on cf ie Work, then either party may make a claim there'or as providea in Articles II and 12. OWNER may have such celeted portion of the Work performed by CWNER', own forces or others in accordance with Article 7. 4 5.4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR. Subcontractors. ENGINEER, ENGiNFER-s ' 19 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 c 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 3 —BONDS AND INSURANCE. Additions see SC -5.1.1 and 5.1.2 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. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. Replacement see Sc 5.2 5.3. Licensed Sureties and Insurers; Certffcates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance 20 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. Additions see 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. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. Revision see SC 5.3.2 CONTRACTOR's Liability Insurance: 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; 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. claims 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. I I I I I I L I I I I I I C C U.. I I Li I I I H J n C Li I I The policies of insurance se required by this paragraph 5.4 to be purchased and maintained snail: 5.4.7. .v.th respect to insurance requires by paragraphs 5 4.3 through 5.4.6 inclusive. mclide as additional insureds (subject to any customary exclusion ir respect of profes- siona. tabdity)OWNER. ENGINEER. ENGINEER'sCon- sultants and any ether persons or entities der.tifed in the Supplementary Condit:ons. a:l of whcm seal! be listed as additional insureds, and ircir-de ccveragefor the -esoecuve officers and employees of all such acd.tiona. insureds; 5 4 8. include :ne specific coverages and ,e wrtlen for not less than me limits of liability pro'ided in the Supple- mentary Conditions or required by Laws or Regulations. whichever is greater; 5.4.9. include completed operations irsuran:e: 5.4.10. inc ude contractual naoility insurance covering CONTRACIOR's indemnity obl.gations ender paragraphs 6.12. 6.16 and 6 31 through 6.33; 5.4.11. contain a provision or endorsement :hat the coverage afforded will not be carcel:ed. materially changed or renewal refused until at east thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional irscred .dentified in the Supp'emen- tary Conditions to whom a certificate of irsurannce has been issued (and :he cer.:ficates of insurance furn shed by the CONTRACTOR pursuant to paragrph 5.3.2 w.11 so pro- vide), 5.4.12. remain in effect at leas: until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or repiacirg aerel:F.e Work in accordance with paragraph 13.12. and 5.4.13. with respect Co comp eted eperat.or.s insurance, and any insurance coverage wr.tten on a claims -made basis. reman in effect for at least two years after fna. pay-ient (and CONTRACTOR sha.l I,.rish OWNER and each o.1er addit:onal :nsured identified in the Supplementary Condi- tions to whom a certificate of insurance has been .ssucd evidence sat.dactory to OWNER and any such additional insured of continuation of such issuance at final payment and one year thereafter). Addition see SC 5.4.4 OWNER's Liability fnaouue: 5.5. In addition to the insurance regwred to be provided by CONTRA(.'I'OR under pargraph 5 4, OWNER, at OWNER's cption. may purchase and ma.n:an at OWNER's expense OWNER's own liability .nsurance as will protect OWNER against claims which may arise `,rim operations under the Contract Documents. Rep.ace:.ter:t see Ss: 3.5 Property Insrwritan 5 6. Unless otherwise prosided'n the Supplementary Con- ditions. OWNER shall purchase and maintain property insur- Replacement see SC 5.6 ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deGuctible amounts as may be provided in the Supplementary Conditions or required by Law., and Regt.laticns). This nsirance shall: 5.6.1. mcl..de the interests of OWNER. CON:'R.4C- TOR, Subccntractcrs, ENGINEER, ENGINEER's Con- sulants and any other persons or entities iden:.fled n the Supp emenary Conditions. each cf hen is deemed to have an insurable interest and shall to I sted as an ins.tred or additional insured; 5.6.2. be written. on a Builder's Risk "all--isk" or ,pen xnl cr special causes of loss policy form that shall at least nc.ude insurance for physical loss or damage to the Work, :emporary buildings, fa:sework anc Work in transit and stall nsure against at least the following perils fire. lig.^tn.ng, extended coverage, theft, vandalism and ma;icrous mischief, earthquake, ccl:apse. debris removal, demol.tion occasioned by enforcement of Laws and Regu:ations, water damage, and such other perils as may be spec- leafy required by the Supplementary Conditions; 5 6.3. include expenses incurred in t1e repair or replace- ment of any insured property (including but net limited to fees and charges of engineers and architects); 5 6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by O'•5NER prior to being incorporated in the Work, provided chap. such materiais and equipment have been included in an kpp.ica- t:on for Payment recommended by ENGINEER; add 5.6.5. be maintained in effect until final payment is made ,n!ess otherwise agreed to ,n wr.ting by OWNER. CON- TRACibR and ENG: NEER with thirty days written nonce to each other additional insured to whom a cer.ficate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler aid machinery insurance or addit oral property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR.Subcontractors. ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed tc have an insurable interest and shall be fisted as an 1nsured or additional insured. Rea:acerrent see Sc 5.7 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.' win contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewai refused until at :east thirty daysprior written notice has been given to OWNER and CONTRACTOR and to each ether adcitional insured to whom a certificate of insurance ras been issued and will contain waiver provisions in accordance win paragraph 5.11. L L I I L L I I L I I I Hi suhsti:u(ion and an apprcprate Change Orde- wd"e issued or W-g::er. Arrendmcnt signed. Nc acceptance by OWNER or F.NGI^rEF.R of arty such Sabcor.uaccr SLppl.er cr zthe• re-scn or. i gani a(Ion shall censtitt.te a carver of any -ight of OWNER or ENGINEER to re ect dezer:e,e Warx. 69 I. CONTRACTOR shall be :u Iv •esponsible :C GW'NER and ENGINEFR Wr i!i acts and omi>ciers ,:f the Subcontractors. Sucplie-s and prier persons anti erganiza- uns pc-fnrr"icg, rf..nish rig any of the Work under ad rect or indirect contract wrti' .:CNTRAC'UR ius: as CON- TRACTOR is -esponsrble for CONTRACTOR'S own acts and omissions Noth.ng in rte C en -'act Docunena sho.11 create fo- t'e bereft of any 'teen Su'COltractW, SJpD:ier or other person or arg.anzatwr...ny cortrrc:teal :eiu:en'1ia between OWNER or E\G:NEER and any such Subcon- tractor, Suppler or other person or,)rganiza: on, nor shall it crea:e any obl.gauon on :re part o' :)WNER or ENGI- NEER to pay or to see to the ,ray-ner t of any moreys d..e any such Subcontractor. Surplie' cr o:ner pe-sor or organ.- zation excep: as T:ay othe-w.%e be •equrco cy Las and Regulations. 692. CONTRACTOR shall be wlely :espcnvb:e for schedu:ir.g and coordir.atirg the Wo-k of Surcontracto•s, Suephers and other cersons and crganzat•ons perorm.;ng or arn:sh.ng any of:he Wjrx under a.'.:rec: or ncirect contract with CONTRAC T:)R. C ONTRAC YOR sha.l re;u:re ad Su+ con::acto-s. Supp tors and Suvh other persons and o-gan•za- tior.s per ornmg Cl fuTisnirg any of :`e Work to commun: cote wd'i the E`G:NEhR :h-outt• CONTRA( LCR 6 l0 re dtvtvens and sec:.ors ,if one Specifications and the dentifcat•ors of any Drawings wait Writ co tro. CON- TRACTOR in dtvrdirg one Worx among Sabso tractors or Suppliers or de ineating :ne 'cx'rs to re pe-forned by any spec.fic trade. 6 11. All Warx perfo"r•ed for CONTRACTOR ba Sob coil:ac:o. or Suaplie• w•:i be p..rcuant :o ar atrrop-ta:e agreemert he:wee- : 0NTRA('T :R and :he S.:I contrac:or or Supple- wh ch spec nca i ntrds :'-e Saxontractoror Sucplie- ;o the app i„ah,e :e-rrs drd so^d uans of :he Cuntrct Doc:.:- nents for :"e bcnet.t 'f )\k NER and EvCiN EER. W'.enever any each agreement is wr:^ a Subcuntractor or Sippiier who is listed as an adcruonal insured an the Dropeity nsurance piov:ded in paragraph 5 6 or 5.1, the agreemert between the TON'; RACTOR and the Subcer.trac:or or S,.pCI.er '.i'1 con - tarn p-osrsions whereby :he Subcon: actor or Suppler waives all rgh:s against OWNER. CO'-TRACiC]R. FNGINFER. ENGINEERS Consu t:nts acd al .they adds: nna} rsureds far all osses and damages .auced by, anc.ng oat of or -es.a: rig from any of the penis ccve-e.: by lush Do'icies and an. cther p-opert) i is..rarce zpplica^1e to :re WorK. if the nsu:ers on anv such ao'icies require <eparale aa:ve. forms to he s fined by an'. Sbccn:a..tor or Stipp ier, CONTRAC TUR wit' : hta n the stone. Patent Fees and Royalties: 6.12_. CONTRACTOR stall Dav al license see', an:: '.a: es and assume al; casts irunent to the uoe in the perfo-Trance of the Work or the incorporation in the Work of any invention, des gn, process. "roduct or device which is the subject of patent rights or copyrghs held by others. If a parttcu!ar .nvention, design. process. product o^ des ice is specified in the Co"tract Documents for use .n the performance of the Work and , f to the actual knowledge of OWNER or ENGINEER its use is subject to patent r.ghts or copyrights call ng for the pay Went of any acense fee or royaty to others, the existence of s.ch :guts snal: be disciosee by OWNER :n the Contract fkcumer.ts. To the fullest extent permitted by Laws and Regala:.ors, CONTRACTOR shall .ndemn.fy and hold harm- less OWNER. ENGINEER, ENGINEER'S Consultants and the officers, directors employees, agens and other ecnsu:tants of earth and any of :hem from and against all claims, costs, losses and damages arising out of or resulting from ary .nfnngenentof atent rightsorcopyrights incident to the use in one performance of the Work or resulting from the incorpora- t,on in the Work of any invention. design, process, product or device not sxnfied ,n t.".e Contract Documents. Pert: 6.13 Unless otherwise provided in the Suppiemertary Conditions. CONTRACTOR shall obtain and pay for all con- str ct:on permits and I.censes. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and icen.es. CONTRACTOR shaJ pay all governmental charges and inspection fees necessary for the prosecution of the Work, w^ion are app:scab a at the time of opening of Bids, or. if :here are no Bids. on the Effective Date of the Agreement. CCN- TRACTOR shall pay alt charges of utriny owners for concec- lions to t"e W'orK, and OWNER sha.l pay all charges of such u:.li:v owners for catitai costs related thereto st.ch as plan: mescmect fees. :.5 Laws and Regulaanns: 6 14.1. CCNTR'ACrOR shall give all notices and comply a uh .i:l Craws and Regulations app:icable to furnis^ing a -id performance of the Work. Except where otherwise expres';s requu ed by acplicaNe Law,z and Regulations. neither OW NER nor ENGINEER shall he responsible for monitoring CON- TRACTOR'S compliance with any Laws or Regulations. 6.42. If CONTRACTOR performs any Work knowing sr having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs. I;sses and damages caused by, arising out of or result rig therefrom: rowever, it shalt not be CONTRACTOR'S pri- mary resporsibitity to make certain that the Specificatiocs and Drawirgs are in accordance with Laws and Regulations. but this shall not relieve CONTRACTOR of CONTRAC- TOR's cb'igaticns under paragraph 3.3.2. Tarts: 6.15. CONTRACTOR shall pay all sales. consumer..ise and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the ,-:lace of L the Project which are applicable during the performance of the Work. Use of Pnnases: 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 26 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 I L I I L I I Li I I I 11 J I I C L -esponsibibties shal be the rrevenuon of acc dents a-ta the maintaining and supen.stng of safety p-ecautions and ❑o - grams. Hazard Co,runuflitaflo4l Progwmr: 622. CONTRACTOR shall he re'per.sible far zuo:d:na: ng any exchange of materal safety data sheets or .the hazard c. mmunication information •equi-e;i tc be made available to or exchanged between or among employerat the s:le n accor- dance with laws or Regulations. ' Emergencies: I I I I I I LI L L LI L 5.23. In emergencies affecting :he safety cr pr�tectton of persons or the Rork or cropery at the site or ad,acent thereto. CONTRACTOR, w thou: -penal mtraction or au- thorizat.on from OWNER or ENGINEER, is o`I gated to act to prevent threatered damage. njury Cr oss. CON- TRACTOR shall give ENG:NEER rompt wrtten notice if CONTRACTOR bel eves that any sigra9canl changes •n the Work or vanations Gcm the Cortrac: Documents have been caused thereby. If ENGINEER etern nes that a charge in the Contract Documents .s -equred because cf :he action taken by CONTRACTOR :n respon,e to such an emergency. a Work Change Directive or Change hider wi I issued ;o document the consequences of such. action 6.24. Shop Drriwurgs and Samples: 624 I. CONTRACTOR s'ral, ,ucmit Shop D3wirgs to ENGINEER for review and acprcval •n accordance with the accepted schedule of Shoc D-aw:ngs and Sample schmittais lsee paragraph 2.9). A.I suhmuals will he identred as FNGINEER may regLire and n the numbe- of copes specified n the General R.1 :u,renerts. The data ,hcwrr oa the Shop Drawings wi'I tie Lonplete wth respect to quant:- ties. dimensions. specified perfommance and design u'tera. materals and similar data to .how ENGINEER the mater- als and equipment CJNTRACI'OR proposes to provide and to enable ENGINEER to review ;tie-nfornation for the limited purposes required by paragraph 6.25. 6.24.2. CONTRACTOR shat also cubnr; Sarrples io ENGINEER for review and approval :n accordance with said accepted schedule of Shop D3w:ngs ant Samele sub- ni: acs. Each Sampre w -II be i, en:.fied c ear'y as to materia. Supplier, pertinent data such as ,d1,log rumbcrs and the use for which mtendec and others se as ENG:NEER may require to enable ENGINEER to rev ew the 'ubmittal for the I•mited pu-poses recu•red by parag-aph 6 26. The num• hers of each Samele to be s,.h-n tied will he as specified in the Specificanors. 6.25. Submittal Procedures: 6 25.1. Ben ne submittrrg each Slop Drawing o- Sam - pie, CONTRACTOR shall have determined and verfied: 6.2`.1.1. all fled measurements, quantities, dimen- sions, specified performance criteria, instal!ation require- ments materials, catalog numbers and similar information with respect lhereto. h.25 12, all materials with respect to inteiced use, fabricat•on, shipping. handling, storage. assembly and n,tallauon pera.n.ng to the Dciforn:ance of the W'orx, and . . .2. all .nformatwn relative to CONTRACTOR's scle responsibilities in respect of means, methods. tech- niques. sequences and procedures of construction and ,rife:y precaLtions and programs incident thereto. CONTRACTOR sha.l aiso have rev.ewed and coordinated eacn Shcp Drawing or Sample with other Shop Drawings rid Samples and w.th the requirements of the Work and the Contract Documerts. 6 25.2. Each submittal will bear a stamp or ,pecific w r.uen naication that CONTRACTOR has satt,fiea CON- TRACTOR's ob:igations under the Cenac: Documents with respect to CONTRACTOR'S review and approval of :mat submittal. 6213. At n e ::me of each submission, CONTRACTOR s. ".all give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted mat have from the requirements of ;he Contract Documents. such notice to be in a written communication separate from the subm:ual; and. in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted :o ENGIN F.F.R for review and approval of each such v ariat.on. 6.26. ENGINEER wi:I review and approve Shoc Drawings and San-p;es in accordance with :he schedule of Shoo Draw- ngs and Sample submittals accepted by ENGINEER as re- Lired by paragraph 2.9. ENGINEER's review and app-val a:l. be only to determine :f the items covered by :he submittals w •II, after insa.laticn or incorporation in the Work. conform to the information given in the Contract Documents aid be cumcatible with the design concept of the completed Proicct as a functicning whole as :ndtcated by the Contract Documents. ENGINEER's review and approval will not extend to tears. methods. techniques, sequences or procedures of cons :ruction 'except where a particular means, method, technique. se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety preca.nons or programs incident thereto. The review and aprroval of a separate item as such wi.l not indicate approval of the assemb:y .n which the item functions. CON TRA(: IOR shall make corrections required by ENGINEER. aid ,hail -eturn :he -equircd number of corrected copies of Shop Draw- .ngs and submit as required new Samples for renew and approval. CONTRACTOR shall direct specific aitenton in ,-it ng to revisions other than the corrections cal ed for by NGiNEER on previous submittals. 627 ENGINEER's review and approval of Shop Draw- :ngs or Samples stiall not relieve CONTRACTOR from respcn- sibility for any vanation from the requirements of:ne Contract L Documents unless CONTRACTOR has in writing called EN- GINEER': 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 Wor*. 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: Addition - See SC 6.30.3. 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'sobligationtoperformandcom- 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; 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 OWN ER. Addition - See. SC 6.30.3 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 Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any 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, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, wananties and guarantees made in. required by or given in accordance with .1 I I I I I L L L L I I I I EK I I L C C I I I I I I I C [J I I I the CortrL. Documents, as well as all cor;inuing obligators indicated n the Contract Documerts. witsurvive Fna: pay- -ner.t. completion and acceptance of the Work and termination or completion of the Agreement ARTICLE 1_OrHER 44CRK Additiot:s see SC .5 Related Work at .Site. '..I. OWNER may perform iiher work re.a:ed :o tie project at the s.te by OWNER -s own forces, or let other direct contracts therefor whirr sha I contain General Cordi- tions similar to these, or lave other work nercrmed try utility owners. If the fact that such other work is to be performed was rot noted in the CYntr c: Documerts. then: (i) wrtter. notice thereof wit he given to CONTRACTOR pnor to starting any such other work. and iu) CONTRAC- TOR may make a c am therefor as pro: ided in Artic:es : and :2 if CONTRACTCR oe:ieves :rat such performance wi:l involve additional expense to CONTRACTOR or re- quires additional time and the parties are unatle to agree as to the amount or ex:ect thereof. 2. CONTRACTCR shall afford each other con:rac:or who is a party to such a d•rect contract an each 'linty owner and OWNER, if OWNER :s perforrnirg the addi- ::ona: work w;ih OWNER's employees: ,rope and safe access to the site and a -easorable opportunity for :rte introduction and storage of materials and ecuicrr ent and ^e executor. of such other work and shall properly connect and coordinate the Work with thers L'n ess otherwise provided in the Contract Docume its. CONTRACTOR shat do all cutting, ti:tirg and : alchrg Of the Wo•k that may he required to make its several parts come together properly and :nte- grate with such o:her work. CONTR4CTOR stall not en- danger any work of others by tatting. excasa ng or ether- w,se altering their wu-k and w ll only cut o. alter their wo:k with :he wniten consert of ENGINEER and the others whose work wit: be affected. The duties and respons-bi ities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that t'iere are comparable provisions for the eneft of CON- TRACTOR .n card direct for lracts between OWNER aid such utility owners and other contractors. ".1. If the roper execution or results of any part of CON'IRACTOR's Work depends upon work performed by ethers under this Article '. CONTRACTOR shat' inspect such other work and prompt y report to ENGINEER in wntirg any relays. defects cr;feficier.cies in such othe• work that render it unavailable or insuitabe for :rte proper execution and results of CONTRACTOR's Work. CONTRACTt1R s fai.ure ,o to report wi'I constitute an acceptarce of such other work as fit and proper for ntegration with CONTRACTOR's Work except far latent or nenapparert defects and defic,encies n suet other work. coorduiation: '.4. If OWNER contracts wit'ethers for tie performance cfother work or. the Picject at the site. the fo lowing will be set forth in Supplementary Co. d.tions 4 I he person. Inn or corporation who will have aut: orrry aria resporsibility for coordination o: the ac:.v,ues among the varous prime contractors will be ident fled. 7 4 2 the specific matters to be cosereC Dy such author- ity and respunsiNlIty wil. be ':ern zed: and 7 4 3. the extent of such authonty and respcnsiod.ties wilt he provided. Urless otherwise provided in the Supplementary Condr lions, OWNER ,hall have sole authonly and respons.bi;ity .n respect of such coordination. ARTICLE 9 --OWNER'S RESPONSIBiLIT:ES 8 I. Except as otherwise provided .n these General Condi- lions, OWNER shall issue ail communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER sha:l appoint an engineer against whom CON TRAC 'OR makes no reasonable objection, whose status under tie Contract Documents shat! be :'iat of the former ENGINEER. 8 3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. CWNER's duties in respect of prcvid:ng ands and easements and providing engineenng surveys to es;aHhsh ref- erence points arc set forth in paragraphs 4 1 and 44 Paragra, h 4 2 refers to OWNER's identifying and maxirg avalab'e to CONTRACTOR conies of reports of explorations and tests of subsurface conditions at the site and drawings of prysical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. Delete 8.5 8 5. OWNER's responsibilities in respect of purchas ng and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.i0. 8.6. OWNER is obligated to execute Change O -den as indicated in paragraph 10.4. 8.1. OWTJER's responsibility ,n respect of certain inspec- tions. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop work or suspend Work, see paragraphs 13.10 and I5.1. Paragraph 15 2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ,y 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 wilFbe OWNER's representative during the construction period. The duties aild 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. Visixs 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 Wcrk and will endeavor to guard OWNER against defecrive Work. EN - GIN EER'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, s:-- 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. Clarifications and fnterprera(ions: 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 11 or 12. Rejecting Defective Work.. 9.6. ENGINEER will have authority to disapprove or ' reject Work which ENGINEER believes to be defective, or I H I I I I I 30 I I r L- E I I I I I I I I I I flat ENGINEER telieves will net produce a conipleted Project that conforms to the Contract Documerts o• that will rrejudice the irtegnty of the design concept of re ctimple:ed P-ojCJ as a funct.00trg whole as indicated by :lie Contract DecumerN. ENGINEER w41 also have autnon:y :o:equre cpec.al inspec- tion or testing of the Woric as p:o,idea n :,aragnph '3.4. wtethe• or flat the Work is'aorcated.. t 'a le.: or camp c:ed. Shop Drawings. ('hange Orders and ParmenLs: S. In connection wi•n ENCINEER's a..thonty as :c S'tsp Drawings ant Samples, see rarrg-aphs t..'_4 tvo igh h.:8 Inclusive 98. In connection with ENJINEl-R', auth,'nty as to Change Orders, see An.cles . , II and I=. 99 In conrection with ENGINEER's nit:1oriv as :o App icatiors for Pay Went. gee Ar ale :4. Determinatons for Unit Prises: 9.0. ENG:NEER w all determ rte :rte ac:ual q,.an: ties and c'ass;fica:ions of lint Pree Wc:rk pcdormec ry :.ON TRAC- TOR ENGINEER wii renew wt:n CONTRACT' 'Rthe EN- GINEER's preliminary deternmations .,n such mat:e-s before :endenrg a written dec cicn thereon (Ft' 'e,ommerda: o:: ofan Applica: on for Pavme-t of rthe-wise) F.NCINF.ER's n::en decis.or thereon wt I He final ar.d binding uhon O\tiNER and CONTRACTOR. Jn ess. wnh n ter di'' ifter the ,late of an' such decision. either OWNER C- CON RACICR del.vers to :he other :.nc to ENGINEER s-icer rot.Le o' intention to appeal from ENGINEER', deci,tan utic :n an cppe:.l from FNGiNEER's cecisior. s taken with -n the tirre'inits and in accordance with the procedures set f-�rt'i in hxriott cc -A. -'D spute Reso uttor Agreeren:. en:e:ed into between OWNER and CON 1 RACTOR pursuant to Art cle €. or i-i) f no such Di'pa(e Reso utior A(::ccmerI has bean ectereo i,to, a forma. proceeding is instituted by the appealing party in a forum of competent .unsd:cticn to exerc se suet rights or -enedies as the appeal rig pa ;s may ha>.e with respect :o ENGINEER's decision, aniess cthe�. ice agreed n venting by OWNER and CONTRACTOR. Suet appeal will no: be s..h-ect to the procedures of paragraph Q-1 I. Dectsrans on Disputes: 9 II- ENGINEER will he the ❑nil irter-retc' Cf the requrer. ents rf :tie Contract Lkx u ner is and judge of the accep:abt ty cf the Werk the-cummcr Cairns- d sputes and o:'ier matters re:a:.ng to :he accepuri it y cf the Wort: or the nterretat:on of :le iequiremenrc of :le Contract Docunent� nertairirg to the rcrfonnaace and lu:n:sling of :he Wo-k an.: Claims under A-tic.ec II and 12 it respect of charges it the Contract r -ice or Contract Tires will be referred 'n,tially to ENGINEER in wrtirg wish a recuesi for a formal decision In acco-cance with this paragraph. Written notice of each wolf claim. dispute or other ratter wd. be delivered ^y the claimart to ENC-iN EER and :ire ethe party to the Agreement promptly [but ;n no event 'ate- :`tan th rty days) after the start of :'te ,x:curerce creveat going rise the•eto, and wetter s.:pborting data w It he-unmit(ed rc ENGINEER an the otter party within sixty c:..s after the start of suet occurrence er ever t unless ENG:NEER al D's an addit.oral enod of tine for :he 'urrroien cf additicna er more accurate data n cupporl cf such claim. dnpcte or other natter The opposing party chap ,u:mrt ary •esporse to ENGINEER an 'rte clamant wi'nrn :uny lays after receir t cf ire claimant's ast ,ubm.nai 'unless ENGINEER a lows ad tional tine:. ENGINEER wtl; ierder a tot ma. decision in writing within th ity cat's after receipt of Ce nppocirg party's submittal. if any. n a.,co-daace with this paragraph. ENGINEER'S wntten dec sion or. s„ch c cicsle or of her matter "Al be final and tird rig uper. nW N ER and CONTRACTOR un:ess: t ) an appeal from ENGINEER's uec:sior is taken within the t:rne Irm:ts and in accordance w rh the presceJures se: forth ir. EXHIBIT GC -A, ..Dispute Reso- lution Agreemerl.entered nto between OWNER and CON- TRACTOR pursuant to Article 16. or iii) if ro •ucr Dispute Re,olutior. Agreement has been entered into, a wntten not ce of intention to appeal fiom ENGINEER's writes decision Is del ve•eo b, OWNER or CONTRACTOR to the other and to ENGINEER within thirty rays after the date of such decision and a formal proceeding is instituted by ire appea ing party n a fcrurn of corrpe:e-tt uu:isdict.on to exercise =uch ngh:s or to edies as the appealing party may have w•th -espect to such claim. c'spute or other matter in accerance with applicable Laws and Regulations with -n sixty days of :re date of Nacr decision, unless otherwise agreed .n writirg by OWNER ^d ONTRACIOR. 9 11. When funettorir.g as .nteip:vter and j.dge under paragraphs 9 10 ar.d 9 11,'ENGINEER wfll not show panic! ty to OWNER or CONTRACTOR and will not he liable .n crrnect'on wit^ any interpretation or decision re -'tiered in tofu rai;h in such capacity. .he rendering of a sec sicn by ENGINEER pursuant to paragraphs 9.10 cr 9 I' w th'espect to any such clam. dispute or other matter (except an l'ich have teen wai ed by the making or acceptance cf h'al pay men: as prosided in paragraph Id I5) will he a condition -recede❑[ to any exercise by OWNER or CON'I RACTCR cf sucr -fights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any uc'i c.:amdispute or rather matter pursuant :o Aricle 15. 9.13l:rnaartow an F.\'GL\'EER's Authority and Responsibt-Lies: n 1?.I Neaher ENGINEER's authority or respcnsrrd- ty under th.s Article 9 or under any o:her pro' ton of :he Con:, -act Doct.ments nor any decision made by ENG:NEER in gcxw faith either :o exerc:se or rot exercise sucr a.thcrty or recpocsibt.ity or the undertaking. exercise or perfo-:nance of an aathonty or -esporsibi,ity by ENGINEER shall create, impose or give rise to any duty owed by ENC INE F R to CONTRACTOR. any Subcontractor, any Soppier. act' other oerson or organization. or to any surety for ien- ployee or agent of any of them. V 9.13.2. ENGINEER will not supervise, direct, control or haw 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 fu rnishing 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 anysuch document. CONTRAC- TOR shall promptly proceed with the Work inaolvea 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. Addition see Sc 10.6 ARTICLE 11 —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- tiesand obligations assigned to or u ndertaken byCONTRACTOR R 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 start 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 .1 I I I I I H L I I ET C I I I-' I 32 H L L H HI I I I I be valid if - it subni::ed in accordance with :his paragraph 11.2. - 11.3. The value of any Work ccvered by a Change Order or of any lain for an adjustment n the Contract Price wul be ceternineo as fo;lows: 11.3 I where :ne Wo-k nvolvec is ccvered by unit prices contained in the Con: -act Documents, by application of such unit p -ices to the luannt es of the items involved (sab;ect to the provisions of paragraphs 1..9.: :nrough 11.9.3. irclusive;: 11.3.. where the Woix m.scl.ed is not cosered by tin,( prices contained in the Contract Documents, by a-Liva;lv agreed ILmp sum (which may irclLde an aliowance fcr overhead and profit not recessanly in accordance with paragraph 11.5 2): II 3.3. where :tie W'erk invoiced is not covered Z)y unit prices contained in the Contract Documents and agreement :o a ILmp sum .s not reached Lnder pa.agraph I ; .3.2. or. the bas.s of :he Cost of the Work (determined as provided in paragraphs 1.4 and 115' PILS a CONTRACTOR's fee for overhead and profit ;uelermined as prosrded :n paragraph II 6) ' Cost of the Work. Li H I I I I C 11.4. The term Cost of :ne Work means the sum of all costs necessanly.ncLrreC and pad by CONTRACTOR in the proper performance of :'ie Work. Except as otherwise may be agreed to in writirg by OWNER, such lasts seal. he in amounts no h.gher than :lose prevail ng in the'oca.ity of the Project, shall inc ILde only the following .[ems and ,hall not .nc ude any of the costs itemized in parngraoh 115 11.4.1. Payroll lasts for emplcyees irr the direct employ of CONTRACTOR in :7e performance of the Work undr schedules of rot: class.ftca: ors agreed upon by OWNER and CONTRACTOR Such emplcnees shall irciude without hm- ilation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time cn the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall nclude, but riot be .invited :o. salaries and wages plus the cost of frirge benefits which shall incldde social security contributions, unemployment. excise arc pay rod taxes, work- ers compensation. health and retirement benefits, bonuses, sick leave. vacation and hcl'day pay applicable thereto. The expenses of performing Work after regu.ar working hours, on Saturday. Sunday or legal ho'idays, shad be ,nc;uded in :he above to the extent authorized oy OW^NFR. 11,4 2. Cost tit all materials and equipment furnisled and ncorporated .n the Work. including costs of transportation and storage thereof, and Suppliers fie:d services required in :onnection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discount: hall accrue to OWNLR. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shat: make provisions so that they may be obtained. 1 1,4,3. Payments made by CONTRACTOR to the Sub- contiactors for Work performed or furnished by Sdbcentrac- :ors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptarle to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bias, if any, will be accepted. If any subcontract prov;des that :he Subcontractor is to be paid en the ^asis of Cost of the Work Plus a fee. the Subcontractor's Cost of :! e Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided n paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provision; of the Contract Documents insofar as applicable. 11.4,4, Costs of special consultants Uncludmg but not limited to engineers, architects, testing laboratones survey- ors. attorneys and accountants) employed for senlces spe- cifically related to :he Work. 114.5. Supplemental costs including the lo lowing' 11.4.5.1. The proportion of necessary transportation, :ravel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected w ith :he Work. 1.4.5.2. Cost. •nc,uding transportation and mainte- nance, of all materials, supphes, 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 ccst !ess market value of such items used but not consumed w':ich remain :he property of CONTRACTOR. 114 5 3. Rertals of all construction equipment and machinery and the parts thereof whether rented Iiom CONTRACTOR orothers in accordance with rental agree- ments approved by OWNER with the advice of F.NGI NEER, and the costs of transportation. loading, unload- ing, installation. dismantling and removal thereof—a.l in accordance with the terns of said rental agreements. The rental of any such egwpment, machinery or parts shall cease when the use therm.` is no longer necessary for the Work. 11.4.1.4. Sales, consumer, use or similar taxes re.a:ed to the Work, and for which CONTRACTOR is i:ab.e, imposed by Laws and Regblations. II 4.5.5. Deposits 'ost for causes other than regli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of t' em or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 33 11.4.5.6. Losses and damages (and related expenses) causer 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-spetifically 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 cos; 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 or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR'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 U I U I I I I I I I I I I I I M I I I I I I I I I I I I H I I Cash Allowances: 118. It •s understood that CON :R.ACPOR has nchuced in the Contract Price a': allowances so named in :7e C -or tract ,Axunents and shall cause the W'orK so cosered to Ve fur- nished and performed for st.ch suns as may be accertahle to OWNER anc ENGINEER. CONTRACTOR agrees that 8.1. the allowarces tic ode :^e cost to CONTRAC- TOR (less any app )cable :ace discounts: of natenals and cqu.pment required'ry the allcwanr•s :c t'c delivered a! the c to and al, applicable taxes and 11.8.2. CONTRACLOR's Loss fc:r anlcad.ng and ian- dhng on the site. la'•or nsa.latien costs. ave1head. p-ont and other expenses contemplate.: for the allowances have been includec :n the Contract Pri and not ir the allowances and no demand for additioral payment or accourt of any of the foregoing win be va.id Prior :c fna: payment, an app•opnate Change Order wt:l c issued as recommerded by ENGINEER to refect acrua. amounts cue CONTRACTOR on .account of Wok covered by allowances. and the Contract Price sraii be coresponcingJy adjusted. 11.9. C'iu2 Price Work: ' . 9.1. Where tie C.'n:-act !c•cumerts provide :Far all or part of the Work s :c be Unit Nice Work. ini::ally fie Contract P -ice wi I be :.'eemed to .ncuce for all Unit ?rice Work an amount equal to the sum of the established .:nit p -ice for each separately Aertifed .tern of Unit Price Work times the estimated quantity cf each item as neicated in the Agreement The estimated quanbues of items of Urit Price Work are not guaranteed and are so.ely for :he purpose of ..caparison of Bids and .'.etern:n rig an tmba. Contract Price Determinations of the actual quantities and c.ass,fica- tiors of Unit Pice Wo-k per!crmed ry CONTRACTOR will be mace tiv ENGINEER ir a cordance with paragraph9. 10 11.9 2 Each umt price wi'I be deemed to incLide an amo•.nt considered by CONTRACTOR to tie adequate to cover CON TRACTOR'S overhead and profit for each sepa- •ately identified item. R ID;ace 11.93 with SC 11.9.3 ::.9.3. OWNER or CONTRACTOR nay make a claim for in adjustment •n the Contract Prce in ace( rdarce with Article 1! .f. ., 9.7.1 'he :,uar.tity o: ary tern o: Unit Price Wcrk performed by CONTRAC)l7R differs ma:e:ia.ly and s:g- n ficartl% .from the estimated quant.ty of •uch .tern ird,- cated :n the Agreement. and 11.9.7.2. there is no co-resp)r.d;ng adjustment .:th -espect to any other item of Wcrk: and t 1.9.1.1 :( CONTRACTOR behe•es that CONTRAC- TOR s entitled :o an increase ,n Contract Price as a resuit of haling incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the pa -ties arc unable to agree as to the amour., of any such increase or decrease. AR'IICLE I:—CHAN'GE OF CONTRACT TIMES 12,1. Tie Contract 1 mes for Muestones) may only he charged by a flange Order or a Wntter. Amendment. Any clam :or an adjustment of the Contact Times (or Milestones: 'hat be based on written notice del.ve-ed by :re party maxrg the c arm to the other party and to ENGINEER promptly (hut n no event later than thirty days) after the occurrence of the event giving r.se to the c.airn and stating the general nature of :tie cairn. Notice of the extent of :he claim w th sucpertmg data shall be delivered within sixty says after such occdrence unless ENGINEER allows an additional period of uric :n ascertain more accurate data in support of the cla.mi anc small t•e accompanied by :he claimant's written saterrent that the adjustment claimed is the entire adjustment to wr.ich the claimant has -eason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment ir. the Contract T mes (or Milestones) shad be determined by ENGI- NE.ER in accordance with paragraph 9 II if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) wi l be sat d .f not submitted in accordance with the requ.rements of this paragraph 12.1. 12.2. Al. time Iim'ls stated in the Contract Documents are of the essence of the Agreement. 12.3 Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times icr Milestones) die to delay beyond the cortrol of CONTRAC- TOR, the Contract T.mes (or Milestones) will be extended nan amount equal to the ::me :ost due to such delay f a clan is made therefor as provided in paragraph 12.1. Delays txy and the control cf CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contactors performing other work as contemp.ated by Ankle 7, fires. floods. epidemics. abnormal weather cordi- :;ons or acts of God. Delays attributable to and w:thin 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- :ng any part of the Work within the Contract Times to Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times :or Milestones) ,n an amount equal to the time 'ost due to such de av shal. be CONTRACTORS sole and exclusis e remedy for such deiay. In no event shall OWNER he liable to CONTRAC- TOR. any Subcontractor. any Supplier, any other person or organization, or to any surety for or employee or agent cf any of them. for damages arising out of or resulting from U) delay s caused by or within the control of CONTRACTOR. or it:) I 35 delays beyond the control of both parties including but not limited t 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. 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. 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. Replacement with SC 13.3 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: Replacement with SC.13.4 , 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. 13.6. If any Work (or the work of others) that is to be inspected, tested or 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. 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's 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 11.1!, 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. 13.10. If the Work is defective, 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 C I I I I I I 1] L J J I I Li shall not gi• - rise :o any duty on :he part of CV. '.ER to exercise this rght .for the benefit of CONTRACIOR or anv surety or other party. Correction or Remove) of Defective Work• Ill!. if required by ENGINEER. CONTRACTOR shall prompiy, as directed, either correct at detective Werk. w iether or not fabncated..nsta.led :r completec. or, if :he WorK has been rejected by ENGINEER, repose t from the site and replace it with WorK that is not defer::' e CON'I RACIYJR shall par all claims, costs, losses and damages caused by or resul:.r.g from such corecuon or rends al including cut no: smite. 'o all costs cf repair or rep!acernert of work of tithe's). 13.12. Correction Period: UI .1. If within one year after :rue date of Subs:antta Completion or such longer perioc of time as may be pre- scnbed by Laws or Regr.latiom )r by the terms of any applicable special guarantee requ.ied by the Contract Doe- u:nerts or by any specific p-ovision of :9e Contract Docu- ments, any W'o:k is found to be defecate. CONTRACTOR shall promptly, w.thout cost to OWNER and tr acco-dance with OWNER's written instructions (il correct such de'ec- me work, or, ifit has been rejected ov OWNER. remove it from the site and replace is with Wo-k that .s not defectne, and (it) sasfactorily correct .or :emo'e and ret'lice any damage to other Woric or the work of omen :esLlting :herefrom.:f CONTRACTOR .roes not prom:tly comply with the terns Lf suei trstnt.aicr.s. u- n an emergency where delay would cause serous risk of .oss ur damage. OWNER nay have the defe( r,ve Worx co-rected or the rejected Work remover and repia.;eo, and al. claims, ccsa. osses and damages cawed ny rr resu;nrg from such. re- mora: and replacement i.nclu.:mg but not .invited to afl costs of repair or replacement of work of cthersl we), be pa.d oy CONTRACTOR. 13.1:.2. In social circu:ns:ances w here a :ariicular item of equ.pmen: is placed ir can:mtuus sets ce ccfnre Substan- tial Completion of all the Werk. the correction penod for that item may start to run from ar. ear:ter date if so provided ir. the Speci5cations or by W-ttser- Amendment. 13.!2.3. Where defective Work tan:. damage to. other Work rest-Itirg ::rerefroml has been .:orected, removed or replaced urder :pis paragraph ' 312, :he corrector. xrod hereunder with -espect to sdch Worx wil. a extended for an addi: onal xnod of ore yea: after sc.h correction or re- moval and :ep.acement has been atisfac:only completed .4cceptance of Defective Work: :3.13. If, instead of requinrg correction or remcvaand repiacement of deferbve Work. OWNER land. prior to ENGI- NEER's recommendation of final payment. also ENGINEER) prefers to accept it. OWNER may no so CON TRAC:TIRshall pay all claims, 'ns(s, 'osses and damages attrhutable :o OWNER'S esala,..ion of and deternna::on to accent such defective Wo-k (such ces:s to be approsed tv ENGINEER as It) -easorab'eness;. 1: a'ty such acceetarce occurs prier to ENGiNEER's recornmemdat o'i of lhal raymer.t. a Change Order will he issued irco-poratirg :re neresv.ry re' suns :n the Contract Dect.me'tts with respect to the Work. and OWNER shah' be em:tlec to an app:opriate Aecrease in the Cortrac: Price, and. if the parties are triable to agree as to the amount thereof. OWNER may make a cairn therefor as ;.roNided in Artic e 11 If :he acceptance occurs after such rec -rrmen4a- (ion, an apprcpr.ate amount will be pad b) CON IRAC-UR to OWNER. 014W'ER .Nay Correct Defective Work: 13.14. If CONTRACTOR fails within a :easonabie tore after wntten notice from ENGINEER to correct deject:.e Work or to -emove and replace rejected Wo-k as -egaired M. ENGINEER n accordance w'th ;arag.aph 3.11, or if CJN- TRACTOR fairs to perform the 1M rk in accordance ..,:h the Contract Documents, or if CONTRACTOR facts to comply with any other prosision of the Contract Doc„r.ents. C• W N ER may. after seven dayswntten notice to CONTRACTOR. corect and remedy any such deficiency. In exercrsiig tie tights and remedies under this ;.aragraph OWNER snail pro- ceed expeditiously. In connection with suet corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the sle. take possession of a I or par: of the Work. and suspend CONTRACTOR'S services related thereto, tale pcssess,on of CONTRACTOR's toclsappliances. cans- ac- tion equ.p-nert and machinery at the si:e and incorporate :r :he Worx all materials and equipment stored at the site or for w h ch OWNER has paid CONTRACTOR but which are _cored e'sewnere. CONTRACTOR shall al:ow OWNER. OWNhR's •epresen:atives. agents and employees. OWNER'S otcer con- : -actors and ENGINEER and ENGINEF.R's Corsultants ac- cess to :re site to enable OWNER to exercise the rghts and remedies under this z)aragraph..All claims, costs. ics,e' end damages •nc,.red or sustained by OWNER n exercising "%zh tights and remedies will be charged against CCNTRAC it )R and a Charge Order will be issued .ncomr-ating the necessary revisions n the Contract Documents wi:h respect to the µo -k and OWNER shall be entitled to an appropriate decrease i- :^e Contract Price and, if the parties are unable to agree as to :tie amount thereof. OWNER may make a claim therefor ;s provided in ,Article 11. Such claims, costs, losses and damages we): irckide but not be limited to al: costs of repair or rep'ace- nent of work of others destroyed or eamaged by correcnon. removal or replacement of CON RAC1'OR's defective Work. CONTRACTOR shall not be ailowed an extension o`. the Contract Tines (or Milestones) because of any delay n the performance of t he Work attributable :c the exercise by O\ N ER of OWNER's rghts and remedies hereunder. ARTICLE 14 —PAYMENTS TO.CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as p-onded n paragraph 2.9 will serve as the basis for progress pa, [rents and 1 17 I will be incorporated into a form of Application for Payment acceptable :o ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: Replacement with Sc 14.2 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 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. 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: Revision see Sc 14.4 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, based on 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. IC. 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 forCONTRACTOR'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 the 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 CONTRACTORs performance or furnishing of the Work, I I I L L C I C I L I I J C I U L1 14.7.6. Liens have been Ted •n connection with the Work, except where- CONTRACTOR 'Has delivered a ' speci5c Bond satisfactory to OWNLR to secure :'ie sa: sfaction and discharge of such Liens. 14,7.7 there are other items en:•tling CWNER to a set-off against the amount recommerded, or 14 7 8 OWNER has ac;aal knowledge of the xcur- ' rence of any of the events en,.rner-rted in paragraphs 1471 through 1473 or paragraphs •52.::^,ro,rgh Is 24 mc'usive; cut OWNER must gave CONTRACTOR .mmediate wrllen notice (with a copy to ENGINEER) ctatirg the reason' for such action and prompt y pay CONTRACTOR the amount so w•thheld. or any adjustment -,hereto agreed tic bs OWNER and CONTRACTOR. when CON''CRACTOR arrects to OW'N ER's satisfaction the reasons for such action. I I II I ri I I I n I C Substonaal Completion: 14.8. When CONTRACTOR consl.ers :'te entre work ready forts irtenced ;se C CNTRAC'OR -ha I rods Ox4 N E} and ENGINEER in witting that:'e entre Work is substantial'y compete (except for items specificaily fisted by CONTRAC- TOR as incomplete: and request that ENG:VEER issue a certi.`.cate of Substantial Comoleton. w',th.n a :easonable nine thereafter, OWNER. CONIR.AC1OR and ENGINEER shall Hake an inspection of the %Vnric to dete-mine the status cf com;let.or.. If ENGINEER does not cors,der the Work sub- stantial} complete. ENGINEER w 11 no:.fy CONTRAC:'OR ir. writing giving the reasons:herefor If ENGINEER considers the Work subs:artial'y complete. ENGINEER will prepare and del.ver to OWNER a tentative certificate of Substantal Com- plet.on which shall Fx the date of Suasta.^tia. Completion. There shall be attached :o the cert.fica:e a:entative list :f:toms to be completed or correcte. 'efore final payment. OWNER 'rah lave seven days afar rece pt of toe tenta:i e certificate during which to make wrtten cb,ectran :o ENGINEER as to any orovis:ors of the certrrcate or attached fist. :f. after considering such oblec:-ons. ENGINEER cercledes pat the Work is rot substartially cumrle:e. ENGINEER w91 within fourteen days after submission of the tentative ce-incate to OWNER notify CONTRAC'T'OR in wrtirg. stating :re :easons therefor. If, after consideration of OWNER's opject.ans. EN- GINEER considers the Work substantially comp.ete. ENGI- NEER will w thin said fourteen days execute and deriver to OWNER and CONTRACTOR a defimnve certificate of Sub- stantial Completion with a rev+se. tentative Iiat of items to be completed or corrected', teflect:ng such changes from :^.e tentative ce-tificate as ENGINEER tel.eves justified after consideration of an chjecticns from OWNER. At the time of denvery of :he tenat:ve certificate of Substantial Ccmp etion ENGINEER wd' delver to OWNER ana CUNTR,-V, OR a written recommends: on as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR wit.^, respect to securty. operation, safety, maintenance, heat. utili- ties, insurance and warranties ana guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing Prior to ENGINEER's issuing the celini:,ve certificate of S.ihstantial Completon, ENGINEER's afoiesaid recommer.dat•on will be binding on OWNER and CCNTR,\C:C:R until Snal payrrent. I4 9 OWNER sha'1 have the nght to exc:uee CONTRAC- I JR from the Wo-k after t^e dare of S..bstantia. Completion. but OWNER stall allow CONTRACTOR reascna:Ie access to com,-.le:e or correct items or. the tentative I st Paria! t rib anion: 14.10. l se by OWNER , t OWNER's option of any sub- raniial.y completed part of the Work which ;n has specifically beer..deptifed in the Contract Iouments, rr ii.) OWNER. ENGINEER aid CONTRACTOR agree constitutes a sepa- -atety furvtioning and usable part of the Work that can be used ,y OWNER to- its intended purpose w:thou: significant ir.ter- rerence with. CONTRACT'JR's performance of the remainder of the Wo-k, may be accomplished prior to Subsantial Com- plet on of all the Wort subject to the following: 14.10.!. OWNER at any time may request CON- TRACTOR in w-iung to permit OWNER to use any such part of :'re Work which OWNER believes to oe 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 sabstan- iial:y complete and request ENGINEER to issue a certd- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in wrtirg that CONTRACTOR considers any such part of the Work ready for is intended use and substan::ally complete and request ENGINEER to issue a cert:fica:e of Substantial Completion for that part of the W'0T K. Within a reasonable %:me after either such request. OWNER. CONTRACTOR and ENGINEER shall make an nspection of that ;art of the Work to detern:ne .is ,tutus of completion If ENGINEER does not conidcr :Hat part of the Work to be substantially complete. ENGI- NEER wit, notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor If ENGINEER considers that pan of the Work to be substantialy complete. the provisions of paragraphs 14.8 and 14.9 will app.y with -expect to certification of Substantial Completion. of that part of the Work and the division of responsibt:ity in respect thereof and access thereto. Ira 10.2. No occupancy or separate ooeration of part of the Work will be accomplished prior to compliance w th :7e requirements of paragraph 5 15 in respect of property insurance. Final l afpectton: 14 11. Upon written notice from CONTRACTOR that the en: re Work or an agreed portion thereof is complete. ENGI- NEER will make a fin -al inspection with OWNER and CON- TRACTOR and wi,l notify CONTRACTOR in writing of all 39 I part;-stlars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as arestecessary to complete such Work or remedy such deficiencies. Firm! Application for Payn.ent: 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:!3. 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 IS —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 fora 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:. 15.2. Upon the occurrence of any one or more of the following events: ' I U I L I I I I L I I I I J I I I I I I I C C L L L L I I I r I 15.2.!. if CONTRACTTR persistently fa.ls to perfonr. the Work in accordance with the Contract D.xumerts tin - chiding. but not limited to. failure to simply suffciert skilled workers or suitable materials or equipment or Jailure to adhe-e to the progress schedule established u:•der pa:agr.ph 2.9 as adjusted from lime to time 'u-sjant to r ar4rar.h 6 61. 2, if CONTRAC"�JR disregards Lows cr Ree,.ia- ucr.s cf any public Cody ha% mg,uns.'.tcuon: 15 2.2. if CONTRACTOR disregards :^e ..u:^onto of ENGINEER; or 5.2.4. if CONTRACTOR cIhens"e siolates r any sub stant.al way any pro% sions of the Con:•act Documents: OWNER may, after giving CONTRACTOR tuna the suret, if any,) seven days' written notice and to :le ex:er.t remit - led by Laws and Regulations, :emirate the services of CONTRACTOR. exc ude CCNTRACTO?R f-nm :ie s :e and take possession of the Work and of all CONTRACIOR's tools. appliances. construction equipment and ntacninen at the site and use the same to the fu'I extent :hey could De used by CONTRACTOR ;w"'iiot.t iabi ty to CONTRACTOR t'o- tres.-ass or conversion). mcorprrate in :ie work all rra:en- als and equ•pment stored a: the cite or .`o- wh cn CWNER has pa.d CONTRACTOR but which a -e stored elsehere. and finish the Work as OWNER nay deem exred ent. :n such case CONTRACTOR shall not ce en • fled to receive any further payment until :he Work n :)mimed. If :^e urpaid balance of the Contract Price exceeds all claims. costs. losses and damages sustained '. MW N ER ans:ng o.:t of or resulting from completing the War k sr.c'r excess w. I he paid to CONTRACTOR. If such claims. casts. losses and dam- ages exceed such unsaid balance CON I R %CTCR shal, pay the difference to OWNER. Such c a.tm cop'. asses and damages incurred by OWNER wtl be resieweJ. ry ENGI- NEER as CO tfe.r reasonableness and when se appr'sed by ENGINEER incorporated in a C'ange Order. pro% ided that when exercising any ngrtc or remedies under this raragra:h OWNER shall not be required to ahtam the lowest price for the Work performed. 15.3. Where CONTRACPOR's senices have beer. so te-- minated by OWNER, the :emunahcn will not affect any rights or remedies of OWNER against CONTRACTOR :'ten ex,er•,rg or which may thereafter accrue. Any reterhon or payment of moneys due CONTRACTOR by OWNER wi:l nct release CONTRACTOR from lab:li:y. 5.4. Upon seven daysw•r::er. notice :o CONTRACTOR and ENGINEER. OWNER may, wi:t'uu: atice and wi:,hout prejudice to any other right or -emedy cf OWNER. elect to terminate the Agreement. In such case. CONTRACTOR cha.l be paid (without duplication of any items): 15.:.1. for completed and acceptable Work executed in accordance with the Contract Documents ,rior to :le effec- ti%e .:ate of termination, inc.ucing fa:r and reasonable sums for overhead and profit on ,uch Wo-k. 15 4 2. for expenses sustained poor to the effective date of termination in performing services and furnishing labor, materals or equ.pment as required by the Contract Docu- ments ir, connection with uncompleted Work, plus fair and �easonacle sums for overhead and profit on such expenses: 15A 3. for al: clams, costs, losses and damages incurred in settlement of terminated contract, w•th Subcontractors. Supsl;ers and ethers: and Is 44. for reasorabrc expenses directly attributable to termiration. CONTRACTOR shal not be paid on account of loss of antic.pated profits or revenue or other economic loss arising .art of or resulting from such termination. CO.vTRsLTOR May Stop Wor* or Trimarans: 5.5. If, through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER cr under an order of court or other public author- .ty, o- ENGINEER fads to act on any Application for Payment within thirty days after it is submitted or OWNER fairs 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 -emedy such suspensor or failure within that time, terminate the Agree- nent and -ecover from OWNER paynfenton the same terms as pro% ded in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or rcntecy. ;f ENGINEER has failed to act on an Application fo- Payment within thirty days after it is submitted, or OWNER has faired for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may uron seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amcurts due CONTRACTOR, including interest thereon. The provisions of this paragraph 5.5 are not intended to prec!ude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise fir expenses or damage directly attributable to CONTRAC- TOR's stcpoir.g Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and:o :he extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes tietween them that may arise under this Agreement. such dispute resolution method and procedure.if any. shat: be as set forth in Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached. and subject to the provisions of paragraphs 9 10, 9.11 and 9.12. OWNER and CONTRACTOR may exercise ar such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 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. 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. 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. 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 •..ay 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. 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. [lire remainder of this page was left blank intentionally.] I SUPPLEMENT TO Ti3E Gc;;ERAL CONDIT10N _ 1 The following Supplementary Conditions amend or su;ple:rer.t the Standard Genera; ' Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) and other provisions of the Contract Docurll ents as indicated below. Aprovisions 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 follow ng supplemental definitions apply: ' "Owner" shall mean. the City cf Fayetteville, Arkansas, acting thcru.:gh its duly authorized representatives. Address - City of Fayetteville, 1:3 West Mountain, Fayetteville, AR 72701. ' "Engineer' shall mean the City cf Fayetteville Engineering Division (telephone 501-575-82Co). Note "OWNER "ENGINEER" and 'OWNER and ENGINEER' nay he used interchangeably. ' "Resident Project Representative" shat: be the authorized representative of the "Engineer". ' "Surety" or sureties" shall mean the tc ncsrr.er. or party or parties wno n -ve made the fulfilment of the contract by bonds, and whose signat,.res are at^_acned tc such bonds. "Advertisement" shall near. the afl legal publicaticr.s pertaining to tr.e work of this contract. "Plans" shall mean, collectively, a.l cf the drawings pertaining to the contract ' and made a part thereof, and also such 3.:pplem. .tary drawings as the Engineer :ray issue from time to time in order to clarify t;:e drawings, or for the purpose of showing changes in the work as authorized under the section "Modifications ,nd Alterations," or for the showing cf riF4 Is which are not shown thereon. ' "Grade" as used ii'. these specifications shall mean and indicate the established elevations cf the paving, flow lines of sewera and other appurtenances as shown on the plans on file in the Engineer's office. ' Whenever the following abbreviations are used. they shat. have toe corres_on:ding meaning as shown below: AASHTO - Arerican Associaticn of State Highway Officials ACI - American Concrete Irstitute AGA - American Gas Association AHTD - Arkansas Highway and Transportation. Department ASHTD - Arkansas Highway and Transportation Department AISC - American. Institute of Steel Construction. ANS1 - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Scciety for Testing Materials AWG - American Wire Gage AWPA - American Wood Products Asscciation AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration. U.S. Government 1 NHBP. - National Builders Hardware Association .NEC - National Electric Code NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association NPT - National Pipe thread SEC - -Standard Building Code (also SSBC) SPA - Southern Products Association UL - Underwriters Laboratories A - Ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V - volt SC -2 Preliminary Matters Add the following to immediately follow paragraph 2.2 of the General Conditions. SC -2.2 Copies of Documents: Article 2.2 of the General Conditons shall be amended to read that Not less than five (5) bound copies of the proposal, contract, and stipulations shall be prepared and submitted to the OWNER for execution, each containing an exact copy of the CONTRACTOR'S proposal as submitter1, the Bond or Bonds properly executed and the Contract signed by both parties thereto. However, the CONTRACTOR and the surety executing the bond shall not date the contract or the bond upon submission or execution by the OWNER. These documents will be dated the date the OWNER executes the contract. OWNER shall furnish to CONTRACTOR up to two (2) copies of the contract documents as are reasonably necessary' for the execution of the work. Additional copies will be furnished, upon request, at the cost of reproduction. SC 2.7. Furnishing of Insurance Data. Delete all references to OWNER supplied and OWNER delivered insurance. SC -5 Bonds and Insurance: SC5.1 Performance, Payment and other bonds: Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions which reads as follows: SC5.1.1 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 F 1 1 1 1 1 1 I I El I I I I L C I his r wer-cf-attorney. The mere countersign. ^.q of te bowls L : a reeident agent sha nct be sufficient. No employers' liability, public liability or workmen's collective insurance policy snail be written in any casualty company not authorized to do business in the State of Arka.-.sas. These policies shall likewise be issued by a resident local agent licensed by the :r.s:.rar.ce Cotmissicn of the State cf Arkansas. SC5.1.2 Additional information. The Contractor shall provide the bonds as described in these sections wit}nn ten (10) days after the receipt of the NOTICE OF AWARD. For contracts in excess of $ICC,000.CO the bonds shall be issued by a bonding company listed by the A.M. BEST Rating Bcox as follows: II) contracts in excess of $33,000.00, but less than $i,CCO,OCC.03 - "B+" rating or higher and contract ano-nt nay not exceed 2.0% of the policyholder's surplus. (2) contracts in excess of $1,000,00C.3: - "A" rating or higher and contracts may not exceed 2.0% of the policyholder s surplus. The expense of all bonds shall be borne by the CONTRACTOR. S2_ Delete paragraph 5.2 of the Genera: Conditions in its entirety and replace with the following new paragraph 5.2: SC 5.2. If at any time a surety on any such bond :s declared ban rapt or loses its right to do business in tre State of Arkansas or is removed from the above list of surety companies, the CoN':RAC'1oR shall within. ten (13) days after notice frox the bcnrl company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an acceptable bond or bonds in such form and sun and signed by other surety .r sureties as may be satisfactory to the OWNER. The premiums on such bonds sh.,ll be paid by the CONTRACTOR. No further payment shall be deer.ed d -e rar shall be made unt:. the new surety or sureties shall have furnished an acceptable bond to the OWNER. SC -5.3 Licensed Sureties and:nsurers;_Certificates of I'surancce_ SC5.3.1 Add the following new paragraph immediately after paragrapn 5.3.1 of the General Conditions which reads as fc:lows: The CONTRACTOR shall furnish l.erfora.ance and payment bonds as provided for by Article 5 of the ;eneral Conditions executed by a resident local agent who is licensed by the Arkansas State :nsuranc, Conmissioner to represent the surety company executing said bonds, and filing with such bcnds his power -of -attorney. The mere countersiar:na of the bonds by a resident aaent shall not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in. the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Cor:rission cf the State cf Arkansas. SC5.3.2 Delete the second sentence of paragraph 5.3.2 ("CWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability :-sarance: Add the following paragraphs imediately after the respective paragraphs 7 contained in paragraph 5.4 of the General Conditions: SC5.4.14 The limits for liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or the greater where required by law: Workers Compensation: 1) State: Statutory 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence Comprehensive General Liability: $1,000,000.00 Combined Single Limit Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability Bodily Injury: $1,000,000.00 Each person $2,000,000.00 Each occurrence Property Damage: $500,000.00 Each occurrence or a combined single limit of $2,000,000.00. SC5.5 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 hold harmless the OWNER and the ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of the CONTRACTOR, his agent(s), employees, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or 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 that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect the OWNER and ENGINEER from contingent liability under this contract. SCS.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: I 5.6 Property Irsurance. CONTRACTOR snail purcnase anc maintain until final ' payment property insurance upon the Work at the site tc -.`.e t::'_1 insurable value thereof (subject to deductible amounts as may be provide-" in these Supplementary ' Conditions or required by Laws and Regulations) but not less than an amount equal to the total hid price. T.h:s insurance shatinclude tie interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENG:NEER'S consultants in tne Work (all cf whcm shall be listed as irs..redec or add:ticnal insured parties), shall :nsi -e ' against the perils of fire and exterded ccverage, shall include "all-risk insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, anc water damage, and such other perils as may be provided in these Supplementary Conditions, and shall i,-.clide 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 bt not limited tc the fees and charges of engsneers, arcnitects, attorneys and other prcfessicr.als). If not covered under the "all-risk' ir.s::rance or otherwise provided in th se '• Supplementary Conditions, CONTRACTOR shall.. purchase and maintain similar property insurance on portions of the WcrK stored cn and off the site or in transit when such portions of the Work are tc be included in an application for parent. The polices of insurance required to be purclased and maintained by the CONTRACTOR ' in accordance with this paragraph 5.6 will contain a provision, or e:. dorsement that the coverage afforded will not be canceled or materially changed Cr renewal refused until at least 30 days prior written notice has been given tc the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2. ' SC5.7 Celete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: ' SC5.7 Other Insurance. T e CONTRACTOR is to protect the CWNER against all Loss during the course of the Contract. :f, due to the nature of the Protect, insurance coverage other than tr.at spec_f ied is needed by the CONTRACTCR to protect the OWNER against all losses, the CONTRACTOR shall be responsible for t ne determination of and prccurenent cf any additional insurance needed. SC5.8 Delete paragraph 5.5 of the General Conditions in its entirety and insert the follcwing in its place: SC 5.8. Pclicies shall also specify that ir.s•..rance provided by CONTRACTOR will be considered primary and not contributory to any otner insurance available to the OWNER Cr the ENGINEER. ' All polices will provide for 30 days written notice (certified mail shall be required) prior to any caraellat,or.or. non -renewal of insurance policies required under the Contract. Any each wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted frcm the _ertificates. SC5.10. Delete paragraph 5.1C of the General Conditions in its entirety. SC5.12. Receipt and Application of Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. ' SC5.13. Delete paragraph 5.13 of the General Conditions in its entirety. I I / Sc 6 - CONTRACTOR'S RESPONSIBILITIES •' SC 6.6 - Progress schedules. Add a new paragraph 6.6.3. immediately following paragraph 6.6.2 which shall read: An updated schedule, in the format specified in the Technical Specifications, shall be required with each submittal for progress payment by the CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR. SC 6.30 CONTRACTOR'S General Warranty and Guarantee. SC 6.30.3 - One Year Warranty. Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall read: For a period of one year, or longer if specified by special guarantees or by law, the Contractor shall at the Contractor's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work supplied under this contract, and pay for any damage to other works or property resulting from such defects. The Contractor shall hold the Owner and Engineer harmless from any liability of any kind arising from said defects. The effective date for the beginning of the one year warranty period will be as decided by the Engineer and will be either the date of the Engineer's recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. The Contractor shall make all repairs or replacements promptly upon receipt of ' written order for the repairs or replacements from the Owner. If the Contractor fails to make the repairs or replacements promptly, the Owner may perform the work and the Contractor and the Contractor's Surety shall be liable for all costs thereof. SC 7 OTHER WORK Sc 7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC 7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor (or separate party) 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 (or separate party) against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or 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 and charges 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 (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal fl C I: or equitable, against OWNER or ENGINEER _r permit any a, ion against thex tc be ma: tained and continued in CCNTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, cr recover damages from OWNER ' or ENGINEER on account of such damage or claim. :f CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contra -t Time attrio,:tat le thereof, CONTRACTOR ' may :rake a claim for an Extension of Time in accordance with. Artic:e :2 of tne General Conditions. An extension of the Contract Time snail be the CONTRACTOR'S exclusive remedy with respect to 31:-R and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). ' This paragraph does not prevent recovery from OWNER or ENG=VEER for activities that are their respective contractual re.pons;bilit_es. ' SC -8 OWNER'S RESPONSIBIi,IT:E5 Sc 8.5 - Delete paragraph 8.5 of the General Conditions in it's entirety. Sc 10 CHANGES IN THE WORK Add a new paragraph 10.6 immediately fo.lowing paragraph :3.5 of tne General ' Conditions to read: 10.6. Limits of Authority. CONTRACTOR shall mote and aL•ide by the following OWNER'S and ENGINEER'S limits of authority for charges in the work which require ' a change in the Contract Price and Contract time. Except in the case of extreme emergency to protect public safety, public welfare Cr substantial Work, tne following limits of Authority to the OWNER and ENGINEER ' shall apply: Engineer's Representative - No authority ' City Engineer - $5,003_00. Public Works Director $13.000.33 Mayor - $20,000.03 (Accumulative). All accumulative changes which result it. Contract Price changes in excess of $2C,030.CC shall require the fornal approval of the Fayetteville City Council. Sc 11 CHANGE OF CCNTRACT PRICE. SC 11.9. Unit Price Work. Paragraph :i.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: 11.9.3 The unit price of an item of Unit Price Work shall be subject to •reevaluation and adjustment_ under the following conditic.-.a: 11.9.3.1 if the total cost of a particular item of Unit Price Work arcunts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item, cf Unit Price Work perfor-ed by CONTRACTOR differs by more than 25 percent from tne estimated quantity of such item indicated in te Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any ct`er ;ter of Work; and 7 I 1'.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a reault thereof; or ' 11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an adjustment in unit price; then 11.9.3.5 either OWNER or CONTRACTOR make a claim for and adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the pasties are unable to agree as to the effect(s) of any such variations in the quantity of Unit Price work performed. SC -13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE ' WORK. SC 13.3 Tests and Inspections. Paragraph 13.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: Sc 13.3. CONTRACTOR shall give the ENGINEER proper notification as detailed below and cooperate with the testing and inspection of the Work. SC 13.3.1. All tests require a minimum notice of 24 hours. The 24 hours is a minimum only, the exact time for testing and required inspections shall be determined by the Engineer. SC 13.3.2. All field tests required for a project shall be witnessed by the City Engineering Division representatives in the presence of the ENGINEER and CONTRACTOR, or their approved representatives. SC 13.4 Paragraph 13.4 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: SC 13.4. CONTRACTOR shall employ and pay for the services of an independent testing laboratory to perform all tests as required by the Contract Documents. CONTRACTOR shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab work for all tests as outlined in these specifications. ENGINEER shall have the right to approve or reject CONTRACTOR'S proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. OWNER shall provide all inspection services required by the Contract Documents , and normally associated with the diligent progress of the Work (Except as detailed in paragraphs 13.4.1,2,3.) Prior to final acceptance by OWNER, the project shall be subject to a €inal inspection by designated representatives of the OWNER and CONTRACTOR. ARTICLE 14 PAYMENT TO CONTRACTOR AND COMPLETION SC 14.2 Application for Progress Payment. Paragraph 14.2 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: SC 14.2.1. Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month; or Sc 14.2.2. Progress payments will be prepared at regular intervals, as scheduled by joint consent of the CONTRACTOR and the ENGINEER at the pre -construction conference. 1 I I II I] I I I El I I I I F SC 14.2.3. ;he ENGINEER, based upon data gathered :rin.g t`e construction process, will :rake art estimate of the value of the ork done and materials furnished in place during the previous est_rnate period. The CONTRACTOR shall furnish to the ENGINEER such detailed infcrmaticn including invoices from material suppliers as the ENG:VEER 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 10% of said estimate until 53% of the work has been fully complete:. At E3% comp.etion, f.:rthe: partial payments shall be made to the contractor in full wit:, no additional retainage unless the ENGINEER determines tnat t`.e project is not progress: -g sa sfactory, in which case additional retainage may be retained tc a naxl:r.un of it c. When the work is substantially competed, any retained arcunt may ;:e paid to the contractor except the OWNER shall retain an amount sufficient to cover any work not yet completed. The release of retainage w..1 be determined by the ENGINEER. :f the OWNER or ENGINEER shall at any time fa.: to make tie CONTRACTOR a monthly estimate at the time herein specified, s.ch failure s all not be held to violate or void the Contract. 1, ,te, the failure of the Contractor to prcv:de an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. SC :4.4. Review of Applications for Progress Pavrert. Delete the last sentence of paragraph 14.4 of the Genera] Conditions and replace with the following: After the required internal reviews and prccessinq by tie City of Fayettevi::e, the City will diligently proceed tc make payment to the co -tractor, in accordance with the approved payment request, ditb.n 30 days. A:= efforts will oe .;ace to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. 9 Sectio 1 100 GENERAL PROJECT REQUIREMENTS: 1. Scope of Work The work shall be as shown upon the contract drawings and defined within the contract specifications, and shall include the furnishing of all materials, equipment, tools, supplies, plant, labor and others as necessary in the construction of work generally as follows: ' Installation of approximately 1124 feet of 36", and 958 feet of 42" drainage pipes. Two standard curb inlet boxes; and four junction boxes, and other related items. No attempt has been made to segregate work to be performed by any trade or subcontract. Any segregation between the trades or crafts will be solely a matter for agreement between the Contractor, subcontractor, and their respective employees. The Specifications as a whole will govern the construction of the entire work. The applicable provisions will govern work to be performed under each schedule. 2. Sequence of the Work and Contract Time. After the contract bonds and certificates of insurance have been delivered to the Owner, and the contract has been executed, the Engineer will issue a Notice To Proceed in accordance with the General Specifications which shall designate the date the contract will commence. The Contractor shall complete the project within 75 calendar days from the date specified in the Notice To Proceed. Additionally, the Contractor shall be responsible to submit a schedule of construction, in accordance with the , General and Supplemental specifications, and Technical specification 100.04 "Schedules", which generally follows the following sequence of work: Indicating schedule of events and estimated time of completion of each event. The Owner may require the Contractor to add to his plant, equipment, or construction forces, as well as increase the working hours, if operations fall behind the approved schedule to an extent that the completion of the work within the specified time appears doubtful. If conditions beyond the control of the Contractor justify, and the Contracting Authority approves an extension of contract time, the Contractor shall revise the construction schedule in accordance with the approved extension. 3. Submittals. Shop Drawings : Not Applicable 4. Schedules. ' Before work is started, and in accordance with the General and Supplemental Conditions, the Contractor under L .1 each schedule shall prepare a detailed schedwe of all construction operations that shall no: only indicate the sequence of the work, but also the time of starting aria completion of each part. The schedule shall be sub Witted to the Engineer for his approval. ' For projects with a total estimated costs of up to $100,00 CO the Contractor may submit a schedule(s) based upon bar charts, narrative or Critcal Path Network Diagram. ' For Projects with a total estimated costs in excess of $100,000.00 the Contractor shall subm.1 the schedule's) in the form of a Critical Path Method (CPM) Network Diagram The contractor shall also be requires to subm t an updated version of the schedule(s) with each submission of a periodic payment request. 5. Lands and Rights of Ways ' The necessary rights -of -way and easements for the project and to carry out the work along the project will be provided by the City of Fayetteville The Contractor shall confine his construction operations to the immediate vicinity of the locations snown on the pans and shall use due care in placing construction tools equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property ' and interference with traffic The placing o` such tools, equipment and materials shall be subject to the approval of the Engineer. The City of Fayetteville will not be responsible for haul road to and from the right-of- way. ' The Contractor shall be responsible for all damage to all property outs.de of the rights -of -way and easements, and shall make satisfactory settlement fcr the damage direct y with the property owner and tenant invooved, as their interests may require. ' All work performed, and a:l operators of the Contractor, his employees, or his subcontractors, within the limits of railroad and highway rights -of -way sha I be in conform.ty with the requirements, and be under the control ' (with the City of Fayetteville). of the railroad or highway authority owning or having jurisdiction over and control of, the right-of-way in each case All existing fences which irterfere wth the construction operations shall be ma.ntained by the Contractor until ' the completion of the work affected thereby, urless written permission is obtained from the City of Fayetteville thereof to leave an interfering fence d smantled for an agreed period of time. Where fences must be maintained across the right -o` -way adequate gates sha I be irstallea therein. Gates shall be kept closed and ' locked at all times wher not in use, with duplicate keys furnished to the Engineer. Upon completion of the work across any tract of and, the Contractor shall restore all fences to their original or to a better condtion and quality, purchasing new material and replace all materials lost, damaged, or ' destroyed. Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the property owner and tenant cf the propertty. All materials used in fence repairs or replacements shall be approved by the Engineer. 6. Protection and Maintenance of Public and Private Property. ' The Contractor shall protect, shore. brace support, and maintair al; undergrourd constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfac.ng. driveways curbs, walks, buildings, utility poles, guy wires, and other surface structures affected by corstruction operations in ' connection with the performance of the Contract, together with all sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the Engineer. All replacements shall be made with new materials. The Contractor shall be responsible for all damage to streets, roads highways, shoulders, ditches, embankments, culverts bridges, or other public or 1 I I. private property or facility, regardless of location of character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. II 7. Maintenance of Traffic. The Contractor shall conduct his work so as to interfere as little as possible with public travel, whether vehicular or pedestrian, Whenever it is necessary to cross, obstruct, or close roads, driveways, and walks, whether public or private, the Contractor shall at his own expense provide and maintain suitable and safe bridges, detours, or other temporary expedients for the accommodation of public and private travel, and shall give reasonable notice to Owner of private drives (minimum of 48 hours, one week suggested) before interfering with them; provided, however, that such maintenance of traffic at any designated point thereon and for the duration of whatever period of time as may be agreed upon. In making open cut street crossings, the Contractor shall not block more than one-half of the street at a time. Wherever possible, the Contractor shall widen the shoulder on the opposite side to facilitate traffic flow. Temporary surfacing shall be provided as necessary on shoulders. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and Fire department prior to cutting or blocking any public street or roadway. At the time of the preconstruction conference, the contractor shall provide to the Engineer a detailed traffic control plan indicating detour routing, signage and other traffic control features. Traffic control shall conform to the Manual on Uniform Traffic Control Devices. 8. Underground Installations and Structures. Unless noted otherwise on the plan documents, pipelines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the Engineer. The Engineer and Owner does not guarantee to accuracy of such information. House sewer connections, water and gas services, and other utility lines may not be indicated on the plans. The Contractor shall make every effort to locate all underground pipelines, conduits, and structures by contacting owner of underground utilities and by prospection in advance of trench excavation. The moving of planned improvements to avoid conflictwith existing pipelines and other existing installations and structures in the vicinity of the work to be done for the convenience of the Contractor shall be accomplished at no additional cost to the Owner. 61 9. Lines and Grades. m All work shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to work, so that reference points in accordance with General Conditions Article 4.4 may be established, and/or, measurement for record and payment may be made with minimum inconvenience to the Engineer and minimum delay to the Contractor. The Contractor shall furnish, without charge, competent men from his force and such tools, stakes, and other materials as the Engineer may require for restaking and work required to be restaked. The Contractor will not proceed with the work unless there is an accurate grade stake at a maximum distance of 50 feet. Any restaking or other field work deemed excessive by the Engineer will be billed to the contractor at a rate equal to comparable local rates (when performed by the City, or at contract Engineering rates when contracted) and an I L L I I I I I LI I I n I I L L L deducted from the contractor's payments. Any work done without beirg properly located or grade or off alignmen• may be ordered removed by the Engineer and replaced at the Contractor's expense 10. Pub'ic Notification. The Cont•actor.on the basis of the schedule and progress shall be required to rclify a I adjacent property owners a minimum of 48 hours it advance of occupy „•g. storing materials on, or performing worK on any right- of-way or easement It shall be the responsib'liy of the Contractor to provide a m nimum of 72 hours advance notice to the Ergineer, Traffic Department Police and Fire departmert prior to cutt.ng or block ng any pubic street or roadway. Contractor shall notify all residents 48 hours prior to any planned water service .ntetruptons, and schedule the iterruptios between 8.00 A.M and 500 P M. whenever poss ble 11. Storage of Mater_als. In general, the Contractor shall be responsible 'or the all material furnished by him and sha.l rep ace at his own expense all such material found defective in manufacture or damaged in handling. This shall •nclude the furnishing of all matenal and labor required 'or the rep acerrent of installed material discovered defective prior to final acceptance of the work. The Contractor shall be responsible for the delivery and distribution of materials at the site. The Contractor shall be responsible for the safe storage of matena s furnished by or to him and accepted by him. and intended for the work, until it has been incorporated .nto the completed and accepted project. All materials shall be stored in strict conformance to the manufacturer's recommerdations. Materials shall be stored so as to ensure the preservation cf their quality and fitness for the Work. Wher directed by the Engineer the materials shal' be placed upon a wooden platform or other hard clean surfaces and not on the ground and shall be placed unde- cover when so directed. Stored materials shall not be located so as to impede work or irspectwns. Pipe and accessories shall be .cadec and un cadec by i`. n,g with hoists or other equipment so as to avoic shock and damage. Jrder no circumstances shall r nal be dropped or dumped, Pipe handled on sxidways shall not be skicded or rolled against pipe prey ously urloaded onto the grounc. Ir distr buting pipe ma:eriai at the site, each piece shall be unloaded opposite o• near the place its to be laid in the trench. The interior of all pipe, fittings and other accessories shall be kept free from dirt and fore.gn materia at all times. Pipe shall be so handled that the coating and lung will rot be damaged. However• f any part of the coating or lining is damaged, the repair or replacement snall be made at the Contractors expense in a manner satisfactory to the Engineer 12. Saturday. Sunday, Hcl•day and Night Work Refer to paragraph 6 3 of the Gene-af Condit ons All work shall be performed during the rormal work hours of the City of Fayettev:lle Engineering Office. 8.00 a.m. - 5:00 p m., Monda; through Friday. No overtime work no work on Saturday or Surday, nor work on any legal holiday will be permitted without specific written pre -authorization by the Owner and Eng•nee r . 13, Monthly Estimates and Payments. Refer to Article 14 of the Gereral Co :ditiors and t"e associated SupplementaConditons. L 14. Connections to existing Facilities. Unless otherwise indicated or specified, the Contractor shall provide for e" necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, the Contractor shall receive permission from utility owner prior to providing for connections. Contractor shall protect facilities against deleterious ' substances and damages. Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuous (around the clock) as necessary to complete the connections in minimum time. Operation of values or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. All connections to the water and/or sewer facilities owned by the City of Fayetteville will be coordinated with the City of Fayetteville's Engineering Division and the Water/Sewer Department. All Re- Connections to the existing meters shall be done according to the details provided. All connections must be inspected by the Engineer or his representative prior to backfilling. 15. Temporary Facilities. (a) Utilities. All water, electricity and other utility services required by the Contractor for operation of Contractor's plant or equipment, or for any other use by the Contractor to conduct or to expedite the work shall be provided by the Contractor at his sole cost and expense. The Contractor shall arrange for service at his discretion from the appropriate utility company, and shall assume liability for all charges until the improvements have been accepted by the Owner. When applicable, the Owner will request the transfer of the service on that date, and ' assume the liability for charges incurred by the Owner from that date forward. (b) Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the site for the needs of the ' Construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. 16. Operation and Maintenance Data and Manuals. Adequate operation and maintenance information shall be supplied to the Engineer for all equipment requiring maintenance or other special attention. The equipment supplier will prepare an operation and maintenance manual for each type of equipment indicated herein. Parts lists and operating and maintenance instructions shall be furnished for other equipment not listed in the following schedule. 17. Tree and plant protection. No trees or cultured plants shall be cut, trimmed or removed unless clearly shown on the plans or marked by the Engineer. All trees and other vegetation which is so marked and must be removed to perform the work, shall be removed and disposed of by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayetteville's Ordinance Chapter 162 "TREE PROTECTION AND PRESERVATION". H L I I I I I I I I I I H n n I I 18. Security. Thi contractor shall be responsible for p•otecton of the s,te, and all wont, iaterials, equipment and existing faculties thereon against vandals and other unauthorized persons. Security measures sha.l be at least equal to those usually provided by the Owner to protect his existing facilities during normal operation, bit shall also include such additona security fencing. light ng, barricades, watchmar's seryces and other measures as required to protect the site No claim shall be made aga nst the Cwne• by reason o' any act of an employee or trespasser and the Contractor shall make good all damage to Owrer's property resulting from Contractor's failure to provide adequate security measures. 19 Safety The Contractor is further notified and reminded cf the presence of children in the gereral vicinity of the project. The Contractor shall take all measures necessary and as required by the General Conditions (Article 6) to protect the General Public, animals and property from harm due to the construction activities including the project site. 20. Parking The contractor shall provide and maintain suitable park.ng areas for the use cf the construction workers and others performing work or furrish ng services in connection with the project. as required, to avoid ary need cf parking personal vehicles where they may interfere wth the Owner's operations or constructior activties or normal traffic operation on public roads or pr2vate, 21. Dust Control. The Contractor shall take all reasonable neasuies tc prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with. water or application of an approved chem,cal dust suppressant Dusty materials in pi.es or transit shall be covered to prevent blowing Bu;ldings or operating fara,ites which may be adversely affected by dust sha I be adequately protected. Existing or new machinery, motors, instrument parels or simi.ar equipment shal' be protected by su.tab e dust screens which include adequate ventlation features 22. Temporary Drainage and Erosion Control Prcvis ons. The Contractor shall provide to the drainage of storm water and such water as may be applied or d scharged on the site in the performance of the work. Cra nage facilities shall be adequate to prevent damage to the work, the site and adjacent properties. Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as recessary to carry increased runoff attributab a to the Cont•actor's operations. Temporary dikes shall be constructed as necessary to divert increased runoff from entering adjacent properties (except in natural channe:s or storm sewers), to protect the Owner's property facilites and the work, and to direct water into natural channels or conduits. Retention sha I be provided as necessary to prevent downstream flood•ng. The Contractor shall prevent the erosion of soil on the site anc adjacert property resulting'ro-n the construction L I, activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation or other operations that will disturb the natural vegetation or protection. Erosion measures may include hay bales, It fencing, jute mat, fast growing vegetation, and ponds. Work shall be scheduled on exposed areas subject to erosion for the shortest possible time, and natural vegetation shall be preserved to the greatest extent possible. Temporary storage areas, construction building and access shall be located to minimize erosion. The Contractor shall be responsible for application and acquisition of all necessary permits, including coverage under the Federal/State NSPDE Regulations for Storm Water Management and the City of Fayetteville's Excavation and Grading permit. Unless specifically included as separate bid item(s), all Work necessary for the control of storm water runoff shall be considered as subsidiary to the project and no separate payment shall be made to the Contractor. 23. Pollution Control. ' The Contractor shall apply with all requirements of the General Conditions and all Federal, State and local laws and regulations governing pollution. Additionally, the Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment debris and other substances resulting from construction activities. No sediment, debris or other substances shall be permitted to enter any sanitary sewers, storm sewer, nor any drain or watercourse. 24. Clean up during construction. During construction, the Contractor shall keep the construction area in a clean, neat and workmen like condition at all times. Pipe, equipment, and all other materials shall be stored and protected in an area away from the construction activities. AS soon as practicable, the area around all structures shall be backfilled, and the entire area maintained in a neat condition. 25. Access. The Contractor shall provide for safe and ready access to the construction activities during working hours or as requested to authorized representatives of the City of Fayetteville and other State or Federal Agencies as required. 26. Construction Observation Inspection. Construction observation and inspection shall be by the City of Fayetteville Engineering Division. The Contractor shall note the requirements of a detailed schedule and note all requirements for the scheduling of tests and test requirements as noted in Technical Specification section 100.26 TESTING. The Engineer shall have no responsibility to the Contractor or subcontractor for the supervision of personnel or layout of work. ' Prior to final acceptance by the City, the project shall be subject to a final inspection by designated representatives of the City of Fayetteville and the Contractor. 27. Testing. The Contractor shall be responsible for the cost of all equipment, materials, labor, testing procedures and lab ' work for all tests as outlined in these specifications. The City of Fayetteville shall have the right to approve or reject the contractor's proposed lab based upon sound Engineering principles. Copies of all testing reports , must be forwarded directly to the Engineer by the testing laboratory. I .1 I C I All field tests required for a project sha:l be witnesses by tie City Engineering Division representatives in the presence of the Engineer and Contractor, or their approved representatives. All tests require a minimum notice of 24 hours Tie 24 icurs is a minimum rly, the exact time for testing and required inspections shall be cetermired by :he City of rayetteville Eng Weer ng Office 28. Measurement and Payment It is the intent of the proposal and the specificatons that the total bid for each schedule as submitted, shall cover all work shown on the contract drawings and required by the Spec ficatons and other Contract Documents. All costs in connection with the work includirg furnishing of all materials equipment, supplies, and appurtenances; providing ail constructior plart, equipment, and tools; and performing of all necessary labor to fully complete the work, shall be incluced n the unit and lump sum prices named in the proposal. No item of work that is requ:red by t're Contract Documents for the proper and successful comp:etion or the Contract will be paid for outside of or in addition to the prices submitted n the proposal All wcrk not specifically set forth in the proposal as a pay Rem shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith sha'I be included in :he prices named in the proposal The method of measurement and bass of paymert 'Cr each item as listed in tie proposal shall be as stipulated under item of Work ' 29. Explosives ' Explosives shall not be allowed for excavation or any other purpose unless a plan for such use is approved in writing by the Engineer proof of basting irsirarce is submitted. and experienced personnel I,cersed in the State of Arkansas for blasting is ut.l zed The pan must include as a minimum a pre-b'ast survey and the utilization of qualified seismographic procedures. 30. Excavation Safety. I I I I II L The currert edition of Occupatioral Safety and '-Iealti Adm.nistra:ion Standard fcr Excavatior. and Tench Safety Systems, 29 CFR 4926, Subpart P. is specifically incorporated and made a part of these specifications and contract documents as required by Ar'cansa- ' ct 29of the 79th Genera' Assembly of 1993. The Contractor shall be solely responsible for the mplerrentation of these requ rements. A copy of the OSHA regu'atrons is incluced in :his set of specificatiors as Append.x A. 31. Utility Mix - Slurry mix "pcurable" backfi'I. Where shown on the plans, a "pourable" back ill. a so called utility mix shall be used The uti iy mix shall be a low strength concrete mixture That is readily digable with stancard equipmert. The mixture shall be it the ratio of 3400 lbs sand: .50 lbs cement 1 CO lbs flyash. The mixture shall be plant mixed and shall have a compress.ve strength cf 300 psi at 28 days. The design of the mix may be mod fled if approved n witirg by the Engireer. Normal strength concrete shal' not be used for utility mix. L Section 140 SCHEDULES, PROGRESS MEETINGS AND PUBLIC NOTICE ' 1. General. I The Contractor shall utilize and maintain through project completion, scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall follow the requirements of Article 6 of the General Conditions and Article SC -6 of the Supplementary Conditons, Paragraphs 2 and 4 of Technical Specification 100, General Project Requirements, and as specified herein. The schedule, project status and progress of the work will be reviewed at a weekly progress meeting. ' 2. Schedule. The Contracor shall show all various phases of work to be performed, submittals, materials, and equipment, manpower, skills, and equipment required, and completion dates of various phases of the work to be performed for the timely and proper completion of the project. The schedule must be in such detail that the Contractor and Engineer can readily determine the work as planned and be able to notify affected or adjacent property owners of the dates and times of work on or adjacent to their property. 3. Weekly Progress Meetings. The Contractor's superintendent and the Engineer's Representative and others identified as needing to participate shall attend a weekly progress meeting scheduled by the Engineer or his representative. The status of the project, schedule and work to be accomplished in the next week will be reviewed and discussed. The location of the meeting will be as set by the Engineer at a time agreeable with the Contractor and the Engineer. ( As needed per instructions of the Engineer) 1 4. Public Notice. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of trenching, pipe laying, cleanup or other activities scheduled to occur on, or adjacent to, their property during the forth coming week. The minimum acceptable notification of property owners will be 48 hours in advance of occupying, storing materials on, or performing work on any right-of-way or easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic Department, Police and Fire Department prior to cutting or blocking any public street or roadway. Any planned interruption of water service shall be coordinated with the Engineer and Fayetteville Water Department. A minimum of 48 hour notice to the residents is required, Service interruptions should be scheduled between 8:00 A.M. and 5:00 P.M. whenever possible. I U .1 I I I I C I H I H I I Secticr. 15C PARTIAL PAYMENT ESTIMATE FOR WATER LINE CONSTRLCTIO.N 1. General. The Engineer will prepare monthly, or periodic partial payment estimates in accordance with Article 14 of the General Conditions and Article SC.4 of the Supplementary Conditions and as further specified herein. The est=mate will include all work done t :rough. the tnird Friday cf each month, or other acceptable pre -approved date. Payment for material on har.3 will not be allowed cn this project. The procedures used by the Engineer i:t determ:,ing the amount due each period will generally be as set out below: A. Pipeline hid items. Tre amount to be paid under pipeline bid items will be determined by converting the footage of pipe laid into an equivalent value of length of pipe for purposes of paynent. This value will be the sum of percentage increments of comp_eticn of the pipeline construction. These percentage increments are: 1. for all pipe properly laid in the trench, properly backf_lled and compacted, 70 percent of the bid price; 2. for all sections of the pipeline where topsoil has been replaced and cleanup is essentially co-pleted without interruption from the beginning point of pipeline construction (final fence, seeding and sod are excepted), an additional 10 perceRt cf the bid price; 3. for all sections of pipeline ttt�t have passed specified pressure and leakage tests, and has been-uccessfully sterilized as specified, ar. additional 10 percent .,f the bid price; 4. for all sections of pipeline wnere the final cleanup, with final fence repair, seeding, mulcb_ng. sod, and restoration of surfaces arc completed, an additional and final 10 percent of the bid price. 5. Payment for material on hand will not be allowed or. this project. ' 5. All Hid items except_p=pelie. T: -,e amount paid under these it ers will be based on the estimated value of the completed work at the time of the estimate. Li I I El H C. Esti:rate_of units. The estimate of units under each item will be determined as set cut above. In addition, the retainage :n effect at the tine the estimate is prepared will be withheld. 1 I I Section 300 CRUSHED STONE BASE ' 1. General. , The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the completion of crushed stone base in areas which are presently paved or which are to be paved, as shown on the contract plans and herein specified. 2. Materials and execution All crushed stone base shall be Class 7 Aggregate Base Course as specified in Table 303-1, page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of 1993, published by the Arkansas State Highway and Transportation Department. Crushed stone base course shall be compacted to a minimum of 95 percent of Modified Proctor Density (ASTM D1557-78). 3. Testing. ' All Testing, gradation, plasticity, modified proctor standards and in -place densities of crushed stone base course shall be performed by a qualified lab in accordance with Article 13 of the General Conditons, Article SC -13 of the Supplementary Conditions and paragraph 27 of Section 110 GENERAL PROJECT REQUIREMENTS. Each paved crossing requiring crushed stone base course shall require a minimum of one test report documenting an in -place density of at least 95 percent of Modified Proctor Density. 4. Measurement and Payment. Crushed stone base course shall be measured and paid by the unit as established in the Bid schedule. If no separate bid or pay item exists for crushed stone base course then all crushed stone base course shall be subsidiary and no separate payment will be made. II I I C I Section 310 ?:PE BEDDING MATER:AL 1. General_ The work to be included under this section of the Specifications shall consist of providing all materials, :aoor, equipment, tools, supplies ar.d incidentals necessary for the rcmpletio. of pipe bedding .;aterial as sown on the contract plans and herein specified. 2. Materials and execution. All pipe bedding materials shat: '.e: (I) Class 7 Aggregate Base Course as specified i:. Table 333-1, page 161, in section 303 AGGREGATE BASE COURSE, of the "Standard Specifications for HIGHWAY CONSTRUCTION," Edition of :993, published oy the Arkansas State Highway and Transportation Department, or (2) "Grit' as locilly aar•.ufactured from crushed limestone. All "grit' material shall be durable crushed aggregate with a maxi:rum particle size of 5/16 inch and a maximum percentage passing the no. 230 sieve of 10 percent.. ' (3) Sand. Sand shall consist of clear:, hard, durable uncoated grains free from lumps, clay and organic materials. All (103%) of 'sand" cnall pass a no. 8 sieve. Is. Execution. All pipe, regardless of type ar:i material oo:rposition of the pipe, shall be bedded with a minim:.m of 6 inches below tr.e pipe to a minimum cf 6 inches over ' the top of tie pipe. Bedding material shall be placed in maximum of 6 inch lifts and compacted with mechanical tamping ecipment. The Contractor shall use special care under pipe haunches and fittings. ' 4_Testing and suhnittals The Contractor, prior to devery of material, shall furnish the supplier's certificates of compliance with these sl:e;.ifications. 5. Payment. ' NO SEPARATE PAYMENT sl:,,ll ne race for pile bedding material, complete as shown and specified. Cl I I Section 400 CLEARING RIGHTS OF WAY.CUTTING AND REPAIRING FENCES The City of Fayetteville has acquired both permanent and temporary construction easements for the water line construction. Insofar as possible and unless subsequent permission is obtained from the Owner, the Contractor shall confine his activities to the rights of way obtained by the City of Fayetteville. No trees or cultured plants shall be cut, trimmed or removed unless clearly shown on the plans or marked by the Engineer. All trees and other vegetation which is so marked and must be removed to perform the work, shall be removed and disposed of by the Contractor. No on -site burning shall be permitted. All protection of trees, trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists in accordance with the City of Fayetteville's Ordinance chapter 162 "TREE PROTECTION AND PRESERVATION". CLEARING RIGHTS OF WAY construction are indicated on the Plans as being through lawns sidewalks, streets, parking lots, brush and undeveloped fields. There is not an extra pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the clearing operation. (A) Brush, Timbered Areas, Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall grass, the Engineer shall stake the centerline of the proposed pipe line. The Contractor shall clear the rights of way of brush and other debris and do such right of way construction as is necessary to provide an adequate working area. In clearing right of way, the Contractor SHALL NOT REMOVE ANY TREES UNLESS CLEARLY MARKED TO BE REMOVED BY THE ENGINEER. Where water lines are to be constructed in close proximity to shade trees, ornamental trees or any other trees on this project, the Contractor will be expected to work near the trees without removing or damaging them. The Contractor shall construct a free-standing protective wooden pen, 8 feet tall; around all trees in close proximity to the work which are not to be removed. Protective pens shall be maintained around trees until final cleanup and seeding or sodding have been completed. All brush, timber and other debris required to be removed from the construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will not be permitted on this project. Lawns, Gardens, and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Engineer shall stake the general location of the rights of way, and shall provide line stakes. The Contractor shall then clear any debris from the rights of way. All shrubbery, small trees (less than 4 inches in is expense. No trees sh removed by the Engineer. All limbs and other debris requiring removal shall be hauled from the site I ' and disposed of at the option of t :e Contractor. (C1 Power Lines. Were the Plans show a portion f tn•_ lire to to ]aid adjacent to or under power lines, it shall be the r.:spcnsibilLty of the ' Contractor to Hake any arrangements with the power company for 'tyi-g cff' poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working i; the vicinity of these i.iwer lines. ' The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with cond•..ctcrs of the trans.missiun line. It is strongly recommended that low profile construction equipment ' be used and that a minimum 15 feet vertical clearance be maintained between any equipment and transmi.Esion cc -doctors. Unless the water line is specificall set o.t to crass within the limits of the power line right of way, the Contractor shall not alter or work within the _.mits of the existing power line right of way. (D) Miscellaneous. Several signs, mailboxes, posts, fences, and otner ' obstructions are to be removed an replaced along the right of way. These shall be removed and protected. After pipe construction is complete, they shall be replaced in their original cc:.ditions. 'E) Fences - Cuttinc1_ and Rgpairi.^.5. ;he Plans show ferces to be crosse'3 during the course of construction. Pricr to the cutting of fences the Contractcr shall install a brace post assembly in the existing fence on each side of the water line. The exact location for the brace pest assembly shall he field determined. The tension of the existing fence ' shall not be reduced. The Contractcr Seal] the- construct temporary fencing so as to maintain livestock in the original pasture during the constriction period. There is nseparate pay item for temporary ±e, -icing. • ' After the pipeline has bee: installed, backfill p:.ced and compacted, and excess material removed, the Contractor shall rebuild the fences across the right of way. Fencing shall ce replaced according to the type of fence to he crossed during construction using new materials wnich are equal to or better than: the original fencing materials. Where removal, replacement or rendir cf chain link, crnamental iron, wood, rock or nascrry fence is required, the Contractor =_nail retain a qualified specialty contractor to perform the work. (F) Restoration_of Property Markers. Where property markers or public right of way markers have beet disturbed or wi:: be removed in the course cf construction, the Contractor small retain. an Arkansas RPgistPrPd ].and Surveyor to witness the position cf 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 1 position. The Contractor is responsible for taking steps necessary to assure the safety of any livestock in the vicinity cf the construction area. END OF SECTION I I 2 1 I Section 401 SURFACE REMOVAL 1. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. 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. ALLOWABLE REMOVAL In all areas where water lines, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench 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 one side of the ditch line so • that it does not become mixed with the remaining excavation which shall be stored on the other side of the ditch line. The width of allowable surface removal shall be the standard trench width as shown on the detail sheet of the Plans, or the depth of the trench to the existing water flow line at its deepest point, whichever is greater. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus 12 inches. (B) 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. (C) Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other appurtenances. The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. I I I H a) Pemoval of Pavement for rape Const•cticr.. The width of asphaltic pavement removed aicng the normal trencb line for the removal and/or -nstallaticr. of ;pe, f.ttincs, cr ctr.er appurtenances shat: be as shown on the detail shee'cf the Plans. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or ether appurtenances shall be the linear d:men.ion of such structure p._s 12 inches. b) Penoval of Pavement arc'cnd existing Valve Boxes and other arbrtenar.ces_ A square cut shall be made in the pavement area extending 18 inches each side of the valve box cr other appurtenance. The pavement and underlying base and/cr subgrade material shall then be removed to the depth necessary to expose the existing object. This material shat: be haulea from tie site and disposed of by the contractor. 2. Concrete Pavement Re,ova.. Concrete pavenents sha1l be removed in accordance with the dimensions set out nelow. a) Removal of Pavement fir P:pe C"tstruc;:on. The width of concrete pavement removed along the normal trer.c:i line for the • rerova. and/cr :nsta..ation of pipe, fittings, or otner appurte lances shall be as shown on the detail sheet c± the Plans. • The length cf the concrete .pavement to oe re -roved for the installation of pipe, f_tt:ngs, or other appurtenances shall he the linear dimension: if such structure plus :2 inches. b) Removal of Pave-ert around exisnc Valve •boxes and other appurtenances. A square cut shall he made :n the concrete pavement within an area extending 12 incnes each side of the valve box or other appurtenances. The pavement and underlying base and/or subgrade material shall the: be removed to tie depth necessary to expose the existing object. This material • shall be hauled from tt.e site and d.spcsed of b;: the contractor. 3. lrpa•ec Cr:vino Surfaces. Gravel, dirt, or ctner unpaved driving • surfaces shall be removed az aRemoval _of S.:rfaco furl Pii:e Construction. She width of unpaved surface re:rcved along the normal trench lire for the • installation cf pipe 3ha.1 be one standard trench width as defined on the detai. sheet of the Plans plus 24 inches on each side of toe trench. The length cf unpaved surface removed along the normal trench line for the installation ct fittings cr other appurtenances snail be the dimension of suc:, structure plus 12 inches. (D) Sidewalk and Curo and Glitter Reacva.. Sidewalk and curb and gutter sha.: only be removed as shown cn the plans or at the direction cf the Engineer. • The width of concrete reacved when so directed shall be the standard trench width as shown on the pla:.s plus a minimum of 18 ;riches on each side of toe trench to the next existir.c joint. ;E) Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make =t necesnary or advisable to re.Tcve additional 2 I surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at t`.x unit price bid for the ..ppropriate surface repair/replacement item as s t out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits ' specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. I I I I I I I I I I 11 1 3 .1 1 ecta on 487 P.;PEL+NE CLEANUP AN; FEE =:G A. GENERAL Cleanup shall oe considered an important part of this project, and adequate equipment and qualified personnel snail be applied to this phase of the work from the very beginning of the project. Seeding and placing of straw mulch shall not be done during the period of June 15 through September 15. There is no separate pay item for clean•.p, and this work shall be considered subsidiary to the unit price bid fcr pipe. There are generally four classifications cf cleanup to be used on this project, as set out below. Class 3C1. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent ;andcw,-.ers. Class Il :iea::.:l:. Areas of construction within fields, meadows and street rights cf way which are rowed cr cultivated (gardens excepted). Class II= Ciea nsr.. Areas cf construction that are heavily brushed or wooded, steep rocky slcpes, or other areas where it is not practical fcr the area to be cultivated. Scecial C1ean. Unless otherwise ncted under paragraph B.4 of this Specification, no special cleanup will be required. Be METHOD CF=:.EA_�U The method of cleanup for each of the classes defined aoove snall be as set out below. 1. Class I "e&:_aar -_-,nae_Etc The trench shall be backfilled in accordance with the Pipe Specifications. After t.e topsoil has been replaced to the same depth as adjacent undisturbed areas cver the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1/2 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted, it shall be seeded at the rate of 0.15 pounds per 1CC square feet, using the following seed mixture percent expressed in terms of weight). ' Lawn Fescue 40% Blue Grass 30% Rye Grass (Annual) 30% During or after seeding is complete, all areas shall be covered with ' 10-20-iC fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished 1 1 surface prior to mulching. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod on the job site. After constructing the water line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new solid sod of the existing type to complete the cleanup. 2. Class II Cleanup - Fields. Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed in terms of weight). Field Fescue 40% Rye Grass (Annual) 40% White Clover (Common) 20% After the area has been accepted, it shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed 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. 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 2 I I I I I L J I 1 1 1 1 I , 1 L I L I I H I I I I I I 1J L equal to the existing s'.rface on either side of the trenching area. The area of the trench line shall then be se 'ed and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and applicat,on rates as set cut under Class II cleanup, except that tall fescue Kentucky 31; shall be used :n place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 4. Special :ea; ur and Rest.crat.cn Reauirem.er.ts. Contractor shall keep the sidewalks open, clean, and accessable to the residents at all times. 5. All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner. :n general, all rocks, trash or rubbish of any nature shall be removed frog the site of the work. Curing 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 cf as the work progresses. :n built-up areas, including lawns, the job site shall be cleaned up im.-rediately ben:nd construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner :n accordance with the continuing responsibility provisicr.s of these Specifications. Failure of Contractor to take nr--ssary repairs during the cre year period will be cause for Owner to make or contract for such repairs and invoice the Contractor for all costs. 6. Restoration cf 1'amaued Sace and Froerty. Where any pavement, trees, shrubbery, fences, pcles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or thrcugn failure to carry out the requirements cf the contract documents, state laws, municipal ordinances, Cr through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 7. Access after Const dct1on• Unless otherwise directed, all areas shall be graded after construction so as to be accessitle by four wheel drive vehicle. 8. Ercson Co:ntlo_. The Contractor shall terrace slopes where potential erosion problems may arise after construction. END OF SECTION 487 .3 I Section 491 CITY STREET CROSSINGS A. GENE This item shall consist of obtaining permits and posting bonds and/or deposits which may be required by the city of Fayetteville, and providing all labor, equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring CItystreets and roads to the satisfaction of the permitting entity. The work shall include every item of work necessary for a complete and acceptable installation. B. MATERIALS 1. Pipe Bedding Material. Pipe bedding material shall be as specified elsewhere in these Specifications. 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be ' aggregate base course, Class 7, as specified elsewhere in these Specifications for crushed stone base. 3. Crushed Stone Base. Crushed stone base shall be aggregate base course, ' Class 7, as specified elsewhere in these Specifications. 4. Prime and Tack Coate. Prime and tack coat material shall be EPR-1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi. The application rate shall be. approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1993 Edition of the Arkansas State Highway Department Standard Specifications. 5. Asphaltic Concrete Hot -Mixed Surface Course. The asphaltic concrete hot - mixed surface course shall be Type 2 as set forth in Section 407, page 216, of the 1993 Edition of the Arkansas State Highway and Transportation Commission Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION The following specifications are hereby referenced and made a part of these Specifications. These specifications are contained in the Standard Specifications for Highway Construction,Edition of 1993, published by the Arkansas State Highway and Transportation Commission. The page numbers given below refer to pages in these 'Standard Specifications for Highway Construction.' These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, and are set out below. Asphalt Pavement. Part 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 . . . . . . . . . . . . . . . . . 185-189 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 . . . . . . . . . . . 195-201 Asphalt Concrete Hot -Mix Surface Course, Section 407 . . . . . 215-218 Materials and Equipment for Asphalt Concrete Hot -Mix Binger and Surface Courses, Section 409 . . . . . . . . 229-243 Construction Requirements for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 410 . . . . . . . 244-255 1 ' 1 • D. EXECUTION ' The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entity. Street crossings in the City of layetteville shall be performed in accord with the City of Fayetteville Code of Ordinances. I I I Li I I I I I I I H I C I The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall poet suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc., prior to closing of any street. All areas excavated for the construction of pipelines and appurtenances within city streets shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications, and as detailed on the Plans. Crushed stone base shall be placed and compacted to 95 percent of modified Proctor density (ASTN D1557-78). All asphaltic surfaces shall be replaced with asphaltic concrete hot -mixed surface course. Asphaltic concrete hot -mixed surface course, Type 2, shall be constructed as specified herein, and as shown on the Plans. All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as specified elsewhere in these Specifications, and as shown on the Plans. All unpaved driving surfaces shall be replaced with crushed stone base as specified elsewhere in these Specifications, and as shown on the Plans. All street right-of-way disturbed by construction of these facilities shall be restored to its original or equivalent condition as required by the permitting entity. END OF SECTION 491 2 H i Section 495 DRIVING SURFACE REPAIR A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces. This specification is intended for any driving surface, paved or unpaved, including but not limited to streets, roads, driveways, and parking lots. unless otherwise directed by ' 1. Prime and Tack Coats. Prime and tack coat material shall be EPA -1 PRIME emulsified petroleum resin prime as manufactured by Blacklidge Emulsions, Inc., Gulfport, Mississippi, or equal. The application rate shall be approximately 0.25 gallon per square yard applied as recommended by the manufacturer. Application equipment and procedures shall be as set forth in Section 403 of the 1991 Edition of the Arkansas State Highway Department Standard Specifications. 2. Hot -Mixed. Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth under Section 407, page 216, of the 1993 Edition of the Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. 3. Concrete. Concrete shall be as defined elsewhere in these Specifications. 4. Reinforcing Steel. Reinforcing steel shall be as defined elsewhere in these Specifications. 5. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements as set forth under Section 303 of the 1993 Edition of the Arkansas Highway Department Standard Specifications, aggregate base course, Class 7. The crushed stone supplier shall submit certificates stating that the materials provided are in conformance with these specifications. 6. Curb and Gutter Joint Sealer. either Type 1, Type 2, or Type 3 1993 Edition of the Arkansas Specifications. I 1 I 7 Li I Curb and gutter joint sealer shall be in accordance with Section 501 of the State Highway Department Standard C. REFERENCED MATERIALS AND CONSTRUCTION The following Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the Standard Specifications for Highway Construction,Edition of 1991, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these Standard Specifications for Highway Construction.' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. I H I I ' • Asphalt Pavement Part 400 Paces ' Prime and Tack Coate and Emulsified Asphalt in Bane Course, Section 401 . . . . . . . . . . . . . . . . 185-189 Materials and Equipment for Prime Tack and ' Asphalt Surface Treatments, Section 403 195-201 Asphalt Concrete Hot -Mix Surface Course, Section 407 . . . . . 215-218 ' Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 . . . . . . . . 229-243 Construction Requirements for Asphalt Concrete ' Hot -Mix Binder and Surface Courses, Section 410 . . . . . . . 244-255 D. CONSTRUCTION II. Pavement Removal. Pipe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the appropriate Pipe Specification. ' All pave.tente which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. No payment for repair will be made for pavements damaged outside the width of allowable removal set out elsewhere ' in these Specifications. a. Asphaltic Pavement Repair. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench line limits, and ' brought to grade 3 inches below the top of the existing pavement. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. ' One nuclear densometer test per asphaltic patch or repair shall be performed. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a paa...nq nuclear densometer test at a location as directed by the Engineer. The cost of determining the compacted ' density shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. b. Unpaved Driving Surface Repair. After the trench has been backfilled as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone ' base. 2. Barricades, Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, ' warning lights and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or ' barricades and shall be protected by proper lights when the visibility is poor. Execution of all necessary safety precautions is the sole responsibility of the Contractor. ' 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross 2 open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor ■hall post suitable signs inr".cating that a street is closed and necessary detour signs for a proper maintenance of traffic. 4. Pilina Excavated Material for Reuse. All excavated material which is to be reused shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal of Excess Material. All excess excavated material shall be loaded in trucks during the excavating operation, hauled from the job site and disposed of at the direction of the Contractor. 6. Cleanup. Cleanup of areas behind the curb and gutter and around sidewalks shall be as set out elsewhere in these Specifications. I END OF SECTION I I I [_l I I I LI 3 1 H I. I I Il I C I I 1 J J II U This work consists of all concrete work, forms, reinforcing and related items necessary to complete all Concrete Paving, driving surface repairs, Street repairs, sidewalk, curbs and gutter, reaction backing and other concrete work as indicated on the drawings and described in the specifications. The following Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the 'Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these Standard Specifications for Highway Construction.' These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. DIVISION 500 RIGID PAVEMENT Pages SECTION 501 through SECTION 512 . . . . . . . . . . . . . . . 271 - 324 DIVISION 600 INCIDENTAL CONSTRUCTION Pages SECTION 633 CONCRETE WALKS AND STEPS . . . . . . . . . . . . . 438 - 438 SECTION 634 CURBING . . . . . . . . . . . . . . . . . . . 440 - 443 DIVISION 800 STRUCTURES Pages SECTION 802 CONCRETE FOR STRUCTURES . . . . . . . . . . . . . 561 - 614 All concrete for this project shall conform to the above referenced "Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission with the following specific exceptions: 1. All concrete shall be ready -mix type concrete. The Contractor shall not batch or mix concrete. 2. Class "AA" concrete is hereby defined as a concrete with a minimum 28 day compressive strength of 4200 psi. Class "AA" concrete shall be used for all City of Fayetteville concrete paving and concrete street repairs. 3. Class "A" concrete is defined as a concrete with a minimum 28 day compressive strength of 3,000 psi. Class "A" concrete shall be used for constructing manholes and other structures, concrete driveway repair, sidewalk repair and curb and gutter repair. 4. Class "B" concrete is defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 2,000 psi. Class "B" concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. 5. All concrete shall have air entrainment added at the ready -mix plant by the concrete supplier. Concrete for paving shall have air entrainment of 6% +/- 1 1/2 % (4.5% to 7.5%). All other concrete shall have air entrainment of 3 to 6 percent. 6. No other admixtures, including calcium chorlide, shall be permitted. I 7. TESTING '^ The Contractor, under the Engineer's supervision, shall take samples and make tees as hereinafter listed for each 40 cubic yards if fresh concrete or fraction thereof placed on the project, but not lees than one set for each day's concreting involving 10 yards or more. It shall be the Contractor's responsibility to collect all samples, prepare casting specimens, protect, cure, transport, and pay for all costs associated with testing. The project inspector shall inspect the preparation of all specimens. Slump Testes Tests for slump shall be made at the place of deposit and in accordance with ASTM C-143. Tests shall be made periodically, when cylinders are made, and as often in the opinion of the Engineer when a change in consistency of the concrete mix is noted. The Contractor shall have a slump cone at the job site at all times when concreting operations are in progress. Unless otherwise noted or specified, the slump shall be within the limits of 1 to 4 inches. Compression and Strength Tests: Each test shall consist of four standard 6 inch by 12 inch cylinders; two cylinders to be tested at the age of seven days and two cylinders at the age of 28 days. Samples shall be taken, cured and tested in accordance with latest ASTM standards. When the ultimate compressive strength of any cylinder fails below the specified strength for the class of concrete specified, the design mix and water content shall be adjusted to produce the specified strength for concrete that is subsequently placed. In addition, the Engineer may order additional curing for that portion of the structure where the questionable concrete has been placed. In the event that such additional curing does not give the strength required, as determined by load tests made in accordance with ACI 318, or cored cylinder tests, and if such tests indicate the necessity, the defective parts shall be removed and replaced, or shall be reinforced as directed by the Engineer, at the Contractor's expense, including the expense of the tests. 8. Measurement and payment shall be as defined in the Bid Proposal and/or as specified elsewhere in these specifications. Unless specifically noted above, the referenced 'Standard Specifications for Highway Construction,' Edition of 1993, published by the Arkansas State Highway Commission will control. I I I I I H I DETAILED SPECIFICATIONS PART I - CONTRACT STIPULATIONS 1 I -l. DRAWINGS.'\NI) SPECIFiCATIO\.S •The Drawings show the proposed vocation and details of construction. Al: work '• sha'-1 be done in workmanlike manner in accordance with the Draw•:ngs and with these Specifications. 'These detailed Specifications are drawn with the object of securing first-c'.ass . ; workmanship and naterias throughoui the work embraced in this contract and of securing completed structures prof erly and well constructed, with regard to all local 1.r conditions. t The detailed Drawings c.Insist of (11) sheets generally titled, an] subtitled as follows: DRAINAGE IMPROVEMENTS ' - CEDAR WOOD SUBDIVISION TITLE SHEET NO. COVER SHEET �' INDEX/VICINITY MAP KEY MAP PLAN / PROFILE DETAILS TI -.e contractor will he furnished sufficient copies of Drawings and Specifications for I.1 use in administration and prosecution of the work. r' n Ii 1 I-2. EXTENT OF WORK It is mutually agreed and understood that the Contractor will furnish all tools, labor, equipment, materials, and supplies required to be furnished, and will construct and ■ complete all work shown on the Drawings and required in these Specifications. Any work or materials not specifically mentioned in the Specifications, but designated on the Drawings or forming an essential part of the work mentioned or designated, shall be furnished as though specifically mentioned. The work consists of new and replacement storm sewer lines, ditch construction and related drainage structures. Li 1-3. PLANNING AND EXECUTION OF THE WORK H 1. General Requirement: The work included under these Specifications shall be so planned and executed that the various portions of the Work will be carried on concurrently and/or in logical sequence; and all Work completed within the time allowed. 2. Interference With ExistingUtilities: The Work shall be so planned and 1 undertaken such that there will be no need for interruption of the operation of the existing utility systems. I-4. ENVIRONMENTAL ASPECTS 1. General Requirement: The Work shall be so planned and executed so as to be in full compliance with the requirements of the Arkansas Department of Pollution Control and Ecology and with the Federal Environmental Protection Agency. 2. Siltation Control: The Work shall be so planned and executed so as not to cause excessive siltation of adjacent streams or storm sewers. Barriers will be constructed so as to intercept run-off from the construction site and prevent excessive quantities of "muddy" water from flowing from the construction site into adjacent areas. 3. Dust Control: During season of dry, dusty conditions at the construction site, 1 the Work shall be so planned and executed so as to minimize the dust problem. Contractor will provide, at no additional cost to the Owner, necessary water distributor to water the construction site, haul roads, and any other disturbed areas so as to prevent undue dust problem within the vicinity. I2 J Water for such dust prevention procedures will be ootained and paid for by the Contractor. 4. Noise Control: The Work shall be so planned and executed as to minimize '• noise on the cons'u-uction site. All appropriate measures for noise control as required by applicable OSHA standards will be enforced. ' ^ I-5. EOUIPMENT FURNISHED BY THE OWNER 1. Furnished by the Owner: No equipment or materials will be furnished by the Owner to the Contractor. All necessary materials and equipment as required to construct the project will be furnished and instated by the Contractor. t I-6. PROGRESS HED 'LE 1. Schedule by Contractor: Before Work is started, the Contractor shall submit the Engineer for approval a detailed progress schedule indicating the sequencing of . i to gi PP P gr 9 g Work, time of starting and anticipated completion of each part, and any unusual or ' z critical aspects of the construction scheduling. The typical 'bar graph" will be suitable. '1-7. PRECONSTRUCIION CONFERENCE .i 1. Specific Requirement: Within lour (4) days after the signing of the contract and before the issuance of the Notice to Proceed, a preconstruction conference will be attended by representatives of the Contractor (including Project Superintendent), the Owner, and the Engineers. The conference will be called at a specific time and date by the Owner. ' I-8. COPIES OF PLANS AND SPECIFICATIONS • 1. Plans to Contractor: The Owner will furnish the Contractor four (4) sets of full-sized Plans and four (4) sets of Specifications at no cost. Additional sets will be provided at the cost of reproduction and delivery. 2. Plans to Subcontractors: The Owner will furnish to any bonafide Subcontractor two (2) sets of Plans and two (2) sets of Specifications at no cost. Additional sets will be provided at the cost of reproduction and delivery. 'J I-3 I 1. General Requirement: All materials and equipment used in the construction of the Work shall be subject to inspection and tests in accordance with accepted standards; either as designated within these Specifications or as deemed appropriate by the Engineers. 2. Testing Laboratory: The testing laboratory or inspection agency will be selected by the Owner. I I I 3. Rejection of Materials: Materials of construction, particularly those upon which strength and durability of structures depend, shall be subject to inspection and Li testing to establish conformance with Specifications and suitability for uses intended. The Owner, upon advice of the Engineer, may reject any materials or equipment that do not conform to these Specifications or pass appropriate tests. U 4. Horizontal and Vertical Control: The Contractor will be responsible for all final grade control, setting laser grade beam equipment, checking for establishment of proper grade, and angle and all other Work associated with layout and horizontal and vertical control. I-10. PROTECTION OF MATERIALS AND EQUIPMENT The Contractor will protect all critical equipment, materials, and other components from exposure to the weather and damage from sun, rain, snow, water, wind, dust, or any and all other contaminants; during the process of unloading, handling, hauling, storage, and installation. All materials and equipment will be protected from the damage by vehicular traffic on the sites and when "strung" along the trench routes. I-11. WRITTEN NOTICES Written notices when required by the Contract, or for the purposes of administration of the Project, will be mailed certified mail, return receipt requested: fl I I I C C a. If to the Owner at: City of Fayetteville, Department of Public Works, 113 West Mountain, Fayetteville, Arkansas 72701. , b. If to the Engineers at: ETC Engineers, Inc., 1510 South Broadway, Little Rock, Arkansas 72202. I-4 L 1 I I. c. If to the Contractor at: Address as Stated in his Proposal. I. I-12. AS BUILT DRAWINGS ' The Engineer will be responsible for as -built drawings for changes made by the Engineer. However, where a substitution proposed by the Contractor is acceptable to the Engineer but, in the opinion of the Engineer, renders the original contract drawings concerning that item decidedly inaccurate, the Contractor shall hear the cost of having '• the original contract drawings revised to the point that, in the opinion of the Engineer, they are technically accurate, reflect actual conditions, and are commensurate with the quality of the balance of the set of contract drawings for the work. ' ' ' I-13. OSHA COMPLIANCE rn Strict compliance with all rules and regulations established by OSHA will be maintained. Any deviations from these rules will be ample justification for the Engineer to immediately shut down all work activity by the Contractor until the ' _i situation is corrected. DETAILED SPECIFICATIONS• PART II - CONSTRUCTION SPECIFICATION II -1. EXCAVATION All excavations shall be carried out accurately to the line and grade shown on the plans by the Engineers. When excavations are carried below or beyond that shown on the Plans, the space shall be filled with gravel L j compacted to 95% density (standard proctor) or with Class "B", in accordance with the Engineer's instructions. Where necessary to protect the labor, the work, or adjacent property, the Contractor shall provide and install shoring. Such shoring shall remain in place until the backfill has proceeded to a point where it can be safely removed, except that, if in the opinion of the Engineer, damage is liable to result from withdrawing shoring, it shall remain in place. All excavation shall be dewatered before any construction is undertaken t'1 therein. Concrete shall be placed only upon dry, firm foundation material and pipe shall be laid only in dry trenches. Excavation for manholes and other accessories shall be sufficient to leave at least twelve (12) inches in the clear between their outer surfaces and the embankment or timber which may be used to protect them. The excavation of trenches shall not advance more than one hundred (100) feet ahead of the completed pipe work and backfill, except by permission of the Engineer. 9 j 11-2 Earth Work These items shall consist of forming of levee embankments and for all ' operations necessary for the formation and compaction of embankments, all in accordance with these Specifications and in conformity with the grades, alignment and cross sections shown on the plans. The Contractor will need to borrow earth for the construction of the levees. J1. Using materials approved by the Engineer, the Contractor shall 1 construct the embankment in layers not to exceed 24 inches in depth. Prior to placing successive layers the contractor shall compact placed Li materials to 90% optimum density as determined by a Standard Proctor Test. A test will be required, at the Contractor's expense, for each layer of backfill. If the backfill fails the test, costs of additional tests shall be performed at the Contractor's expense. Each layer will be allowed to set for a minimum of 7 days before successive layers can be placed. Upon placing each layer, the contractor will keep side 111 1 I I slopes shaped to design slopes as near as possible. Each fiE layer shall ' be approved by the Engineer prior to the construction of the next layer of embankment. 2. After the final layer has been placed, the Contractor shall let the excavation and backfil] sit for a minimum of 14 days. After the 14 day ' period has elapsed, the Contractor will be required to dress the side slopes and crown of the embankment to conform to the design cross section. Dry material available from trimming of side slopes may be used to final dress the embankment crown or to raise low areas, After final dressing of embankment area, the seeding and fertilizing shall be performed. '' j 3. The Contractor shall be responsible for the stability of al] I[ embankments and levees made under the contract until final acceptance of the work and shall bear the expense of replacing any portions due to slides, slips or unusual sedimentation. UI 11-3. EXCAVAT]ON - TRENCH FOR PIPE AND SIRUL! E This section covers the removal of all materials of whatever nature necessary for the construction of pipe culverts, storm drainage piping, headwalls, inlets and other concrete drainage structures, and -etaining walls. Excavation described herein, will not be measured for separate payment, but shall be considered subsidiary work pertaining to the involved items of the contract. All work shall be in accordance with details shown on the Plans, or as directed by the Engineer and with these Specifications. Trenches for pipe shall be of the width and depth necessary for the proper installation of the pipe. Under no circumstances shall the trench width from the bottom of the trench to an elevation twelve (12) inches above the top of the pipe • exceed the maximum width as specified in the Plans. Width of pipe trench shall be adequate for the installation of the pipe and I make-up of joints, but in no case shall the width of the trench at the top of the pipe be wider than the outside diameter of the pipe plus two (2) feet. ' The bottom of the trench shall be accurately graded so that the pipe will be continuous and uniform contact with and have a longitudinal bearing on �� undisturbed soil for the full length of the pipe, except for such distance as necessary for adequate bell holes and proper sealing of the pipe joints. Ii II -2 1 I I Fl 1 If the soil at the bottom of the trench is mucky or if the subgrade is too soft to properly support the pipe, or if the trench is in rock cut; the Contractor shall excavate below the lower extremity of the pipe and place a cushion of sand, gravel or crushed stone thoroughly tamped into place to receive the pipe. Gravel or crushed stone used for this purpose shall not exceed 3/4" in size. (See Bedding Details in the Plans). , II -4. BEDDING FOR AT T, PIPE t All pipe will be laid with bedding as shown in the typical pipe trench details on the Plans. Contractor's attention is called to Section II -3, Excavation Trench for Pipe, for circumstances that require additional trench depth before preparation of bedding. Special bedding will be required where the bottom of the trench is too soft to support the pipe OR where a cushion must be provided between the pipe and a rock trench bottom. Where these conditions exist, excavation shall be carried below plan depth to the depth shown on the plans and shall be backfilled with selected bedding material, tamped into place, to the springline of the pipe. The lower portion of the bedding upon which the pipe rests shall be shaped to the bottom. quadrant of the pipe. Bedding gravel shall conform to the requirements for fine aggregate as specified in SECTION III 3 - Concrete Aggregates, of the Specifications. It shall be used to cushion between the pipe and rock trench bottoms where no free running water is encountered. So as to properly control the amount of bedding material as required, the ' Contractor will avoid "overcutting" the trench depth, and will attempt to maintain trench widths and bedding depths as nearly as possible to those shown in the special details on the Plans. Bottom of the trench shall be kept free of surface water until backfilling has progressed to an elevation not lower than twelve (12) inches above the top of the pipe. ' Special bedding and removing soft subgrade for replacement with special bedding material will not be measured for separate payment but will be considered subsidiary work pertaining to the pertinent items of the contract. 11-3 I 11-S. BACKFILL FOR ALL PIPE All trenches and excavation shall be backfilled immediately after the pipe is laid or the structure completed, using methods which will not disturb the pipe or ' structure. Materia: used for backfill:ng shall' consist of the excavation or borrow of sand, gravel, or other material approved by the Engineer, and shall be free of trash, rock, lumber, or other debris. Bedding and primary backfill (to a point )2" above the top of the pipe) for storm sewer pipe shall be as specified under "Bedding for All Pipe", and in accordance with details on the Plans. All trenches across roadways or parking areas shall be tamped for the entire depth of the trench, or may be flooded to produce maximum settlement as soon as practical after backfilling. The Contractor shall make provision for quantities of water adequate for fooding. After settlement occurs, trenches shall be refilled and smoothed until all trench backfill permanently conforms to the surface of the ground. Where flooding is impractical and subsequent settlement cannot be permitted, backfil', shall be placed in layers not to exceed six (6) inches in thickness • and compacted with mechanical impact compactors. All excavated material which is unsuitable for backfill shall be removed from the site. Surfaces shall be cleaned up, all hummocks and piles smoothed down and the surface left neat and workmanlike. Where existing drainage ditches are t disturbed or obstructed with excavated material such material shall be entirely removed and the ditch left true to original line and grade. Street shoulders, if disturbed, shall be restored to their original contours. Trenches outside the public right-of-way will be neatly graded -up and left slightly "over -full" so that subsequent settlement will leave the route level with the surrounding terrain. Trench on public property shall be filled and refilled as necessary to provide a smooth, well -graded appearance. All bacldill shall be settled and consolidated until further settlement will not occur. It is the intent of this Specification that the Contractor shall be responsible for settlement of backfill in all work covered herein. He shall refill trenches and the excavation around structures as often as necessary to bring them back to original grade or finished grade, as the case may be, and during the period when settlement is occurring shall refill them frequently enough to avoid hazard or inconvenience. ISamples for laboratory tests and field determination will be taken by an acceptable soil laboratory. A separate batch of soil shall be used for each 1compaction test specimen. No Material shall be reused for tests. All testing shall .. ' 11-4 ii HP i be at the expense of the Contractor. The Contractor shall not be entitled to • additional compensation because of any test or determination. A total of three (3) separate test may be requested by the Engineer. Any testing (excluding retesting as a result of failure) over 3 tests will be paid for by the Owner. Backfills will not be measured for separate payment but shall be considered subsidiary work pertaining to the several items. 11-6. TRANSPORTATION HANDlING AND STORAGE OF ALL PIPE AND • EllflQS In the transportation, unloading, and handling of the pipe, the pipe shall not J � be dropped, let roll and collide with another pipe, or be subject to any unnecessary jar, impact, or other treatment that might crack or otherwise damage the pipe. All pipe shall be carefully inspected at the time of delivery and unloading at the job site. Any damaged pipe shall be marked and stacked separately for removal. During unloading operations all pipe fittings shall be carefully lowered from the transport vehicle by suitable tools or equipment in such manner as to prevent I damage to the pipe, pipe coating, and/or pipe lining. ' Pipe may be strung along the construction route at the discretion of the Contractor provided such action does not present a hazard to traffic nor prevent normal access to individual properties. Where the Contractor elects to store pipe at various locations other than ' along the construction route, the Pipe shall be carefully stacked in layers not to exceed six (6) feet in height with 2/4 inch timber between each layer. The pipe shall be blocked a the ends of each row to prevent rolling. The bottom layers shall rest heavy timbers to prevent dirt or rubbish from entering the on pipe. Each size and/or class shall be stacked separately. NO PIPE SHALL BE STORED ON PRIVATE PROPERTY WITHOUT WRITTEN PERMISSION FROM THE OWNER. All sites for pipe storage shall be approved by the Engineer. II -7. HANDLING AND LAYING PIPE IN TRENCH All pipe shall be carefully lowered into the trench, piece by piece, by means of mechanical equipment, rope, or other suitable tools or equipment, in such manner as to prevent damage to the pipe. UNDER NO CIRCUMSTANCES SHALL PIPE OR ACCESSORIES BE DROPPED INTO THE TRENCH. Before lowering into the trench, and while suspended, the pipe shall be carefully inspected 11-5 1.1 Is - for defects. Any damaged, defective, unsound pipe shall be rejected and removed from the construction area. Before laying the pipe, the bottom of the trench shall be carefully graded and prepared and bell holes excavated so that the pipe shall have uniform support along its entire length. Al] pipe shall be laid with bell up -grade. Each pipe shall be laid to :be line and grade given by the Engineer, using laser grade light, or other methods ' approved by the Engineer. Each pipe as laid shall be checked for line and grade. The accuracy of the finished line and grade of the pipe shall be obtained in preparation of the subgrade. Care shall be taken that each spigot is properly centered in the bell of the preceding pipe and that each pipe is properly centered in the bell of the preceding pipe and that each pipe is solidly bedded so that settlement will not subsequently occur. As the work progresses, the interior of the pipe shall be Li cleared of all dirt and superfluous material of every description. Ends of pipe shall '� be temporarily closed at the end of each day's work. 1 Laying and backfilling of all lines laid in trenches shall follow the excavation 1r? of trenches as closely as practicable. Not more than 100 feet of trench shall be opened in advance of pipe laying without authorization by the Engineer. Water shall not be allowed to accumulate in trenches while pipe is being laid. Work on sewer pipe crossing roads shall be done in such manner as to interfere as little as possible with the movement of traffic on the roads. ' s Pipe joints shall be assembled recommendations, using proper gask( 'n shall be cleaned before the pipe is laid Li 11-8. C1JIIINGANDREpLAdllc in strict accordance with the manufacturer's As and lubricants. All surfaces of the joint and the joint started. SPECIAL SURFACES Whenever it becomes necessary in excavating for trenches to disturb special surfaces, such as paved or gravel streets, drives, walks, or parking areas, the original surface shall be restored after completion of the backfill operation. In these instances, special care shall be used in making the backfill to eliminate future settlement. The surface shall be restored using the same type of surfacing materials that were used in the original surfacing. Asphaltic replacement to be minimum thickness of 3 inches; and concrete replacements to be a minimum thickness of 6 U. J inches; unless otherwise shown on the Plans. All asphaltic material to be "hot mix". Backfill of trench lying across and within roadways shall be in strict accordance with the applicable provisions of the "Backfill" section of these •ll Specifications. The condition of the backfill, with special regard to the degree of Yi II -6 ii ^ompaction, shall be checked and approved by the Engineer before any surfacing is placed over the backfill. Any asphaltic or concrete surfacing replacement will be placed on a minimum of 12" thickness of compacted granular base course material (SB-2). Compaction of base course material to be with mechanical impact compactors. The replacement of special surfacing shall follow as soon as practical afterLi the completion of the backfilling operation so as to restore the roadway to its original condition and traffic capacity. If in the opinion of the Engineer the replacement of surfacing is lagging, he may at his discretion, stop the pipe laying operation until the replacement of surfacing proceeds in a satisfactory manner. Li Immediately prior to replacing asphalt or concrete pavement or surfacing, a chalk line shall be made along both sides of the trench at the proper width, and the pavement trimmed along a straight and vertical line. 11-9. CROSSING AND PAR AT I FLING EMS! iNG U liii l IES The construction of storm sewer lines will require crossing and paralleling existing utilities including water lines, natural gas lines, storm drains, sewer line and ' buried telephone cables. r The known locations of such utilities are shown in their approximate location on the Plans, but the location of individual water, telephone, and gas services are not shown. .J The owner of each utility line shall be contacted by the Contractor prior to the construction of any crossing or parallel construction in close enough proximity to the utility to possibly cause damage to it. The cost of all work as occasioned by the requirements of this section of the Specifications will be included in the appropriate contract unit prices for pipe, and no separate or special payment will be made. II -10. CLEARING FOR INSTALLATION OF PIPE LINES AND STRUCTURES Clearing operations will be kept to the absolute minimum width as required for the proper stringing, handling, and installation of pipe and structures. j 1 LI117 ' I I All tops, limbs, logs, and other debris resulting from the clearing operations ' will be properly disposed of by the Contractor, and will not be "pushed aside" onto the lands adjacent to the route of the sewer lines. ' Much of the work under this Contract is within the Common Property of Cedarwood Subdivision. Any tree clearing in these areas or in previously dedicated ,- easements must be approved by the Transportation Manager prior to commencement of the clearing. I11-11. REMOVAL AND DISPOSAL OF EXISTING PIPE AND SIRUCTRES Removal and disposal of the existing pipes and concrete structures will be the responsibility of the Contractor. No materials will be returned to the Owner, and all disposals will be made off site. Removal and disposal of the existing pipe and structures will be considered subsidiary to the various other items of the Contract. Ii Preparation for replacement of the pipe lines and concrete structures will be performed in the same manner as if the work was completely new. i 1� 11-12. TIE-IN TO EXISTIN TR 'Ci ► RE ,' New corrugated metal pipes are to be tied into existing concrete inlets. The existing pipes (all CMP) are to be removed and disposed of in accordance with Ii Section U-11 of these Specifications. The concrete wall of the existing inlet is to be broken out to provide a gap ' around the new pipe of at least 4 inches. Reinforcing exposed by the break-out operation is to be straightened to approximately its original alignment and cut to '• provide a gap of two inches minimum from the end of the reinforcing to the outside surface of the new pipe. The existing reinforcement thus cut and straightened is to be cleaned of corrosion and any remaining residue from the old concrete. Once the new pipe is placed and braced to the vertical and horizontal alignment as shown on the Plans, a number 4 size reinforcing bar is to be bent into a hoop with a minimum ' clearance of two inches from the outside surface of the new pipe and the existing remaining inlet wall is to be filled in with concrete grout. The concrete components and grout shall be in conformance with all other applicable sections of these •' Specifications. The tie-in procedure is illustrated by the detail on Sheets 7-8 of the Plans. Payment will be made on a per each basis, depending upon the diameter of the new pipe to be tied -in, and at the Unit Price bid. 1. Concrete shall be composed of Portland cement, fine and coarse aggregates and water proportioned in keeping with the following: (1) Minimum sacks of cement/cu. yd. (2) Consistence range in slump, inches Class A Concrete 6 2-4 Class B Concrete 5 2-4 2. Proportioning of concrete shall be by weight except that water may be measured by volume. The weight to volume equivalent for cement and water shall be as follows: (a) A one (1) cubic foot sack .of Portland Cement will be considered as 94 pounds in weight. (b) A gallon of water will be considered as weighing 8.33 pounds. 3. Class A concrete made with ordinary Portland cement shall have a minimum compressive strength at twenty-eight days (28) of 3000 psi. Class B concrete made with ordinary Portland cement shall have a minimum compressive strength at twenty-eight (28) days of 2,500 psi. If made with high -early -strength cement, these strengths shall be attained at the age of seven (7) days. 1 1 1 1 1 1 11-14. MIXING OF CONCRETE ' 1. On site mixing (a) Concrete shall be mixed thoroughly in a batch mixer of a type designated to insure uniform and thorough distribution of the materials throughout the mix. Its size shall be such as to produce a volume of concrete consistent with demands of structural pours. It shall be equipped with a water measuring device for accurate measurement of water. Charges of cement shall be by full sacks of cement; the use of fractional sacks or reclaimed cement will not be acceptable. (b) All concrete shall be mixed for a period of not less than one and one-half (1 1/2) minutes after all materials, including the mixing water, shall have been , 11-9 ' J 1 -- placed in the drum. The entire contents of each batch shall be discharged from the drum before any mate ial for the succeeding batch is placed therein. When the mixing operation for each period is completed, the mixer drum shall be cleaned thoroughly. Concrete shall be deposited within thirty (30) minutes after it is mixed. (c) If the Contractor elects to use a central mixing plant, he shall provide sufficient hauling equipment, properly designed to prevent segregation and loss of mortar, and to pe*mit discharge without segregation. When the 1 hauling and placing operations for each period are completed, the hauling equipment shall be cleaned thoroughly. 2. Ready Mixed Concrete (a) Ready -mixed concrete may be used at the option of the Contractor if acceptable concrete is delivered. Ready -mixed concrete shall conform to ASTM Standard C 94 and to applicable portions of these Specifications for on -site mixing. The concrete shall be delivered and placed within one (1) 11 hour after all materials, including mixing water, shall have been placed in the mixing dnm. 1 (b) The Contractor shall obtain from the supplier of the ready -mixed concrete the supplier's agreement to inspection by the Engineer, to the full extent deemed necessary by the Engineer. C. J 1, I 11 3. Critical Temperature (a) Concrete shall not be mixed and placed when a descending temperature is less than 40 degrees F., or a rising temperature is less than 35 degrees F. Temperatures shall be taken in the forms or other points of concrete placement. Concrete shall not be placed when there is frost or ice on forms. In the mixing of concrete, particles of frozen aggregate shall not be used. (b) If the Contractor desires to overcome the restriction next above, with respect to the stated temperature, he shall provide beating equipment adequate to maintain a temperature surrounding the concrete of not less than 40 degrees F. The Contractor shall be responsible for any defective work, and shall replace such work at his own expense. 11 II -10 i 11-15. PLACING CONCRETE 1. General (a) Concrete shall be placed only upon firm surfaces that are free from frost, ice, ' mud, and other detrimental substances. (b) Concrete shall be placed in such manner as to avoid segregation. Concrete shall be deposited as closely as feasible to its final position. Concrete shall not be dropped freely for distances greater than two (2) feet. II -16. CURING OF ON CRETE ' Immediately after placing or finishing, concrete surfaces shall be protected against moisture loss. II -17. SEEDING OF PIPE LINE ROIJT FS Seed shall be applied to the pipe routes and any other areas directed by the , Engineer. Subject to the seasonal limitation stipulated in the "Seed" section of these Specifications, seeding shall be undertaken as soon as feasible after completion of the grading operations. Prior to or during the tillage operation, the ground surface shall be cleared of all large stones, roots, and any other material which might hinder proper seeding or subsequent maintenance. The area to be seeded shall be tilled to a depth of approximately 2 inches by plowing, disking, harrowing, or other approved method until the condition of the soil is acceptable to the Engineer. The surface shall be dragged or shaped as necessary to be in accordance with the finish grading. Fertilizer and seed shall be distributed by some method which will give' reasonably uniform distribution. Fertilizers shall be applied at the rate of 500 pounds of 12-12-12 fertilizer per acre and shall be incorporated to an approximate depth of 2 inches. Fertilizer may be applied in connection with the last part of the tilling operation. In general, water shall be applied initially as soon as feasible after the sowing ' of seed, and in the amount directed by the Engineer. If directed by the Engineer n-11 ' I because of adversely thy conditions, the initial application shall be made prior to the sowing of seed. The seeded area shall be protected against traffic or other use by warning signs erected as directed by the Engineer. If at any time before completion and acceptance of the entire work covered by this Contract any portion of the seeded area becomes damaged, or the seedlings have been winter -killed or otherwise destroyed, and if directed by the Engineer, the Contractor shall refertilize, reseed, and water the affected portion in the manner herein specified for the initial operation. When the necessity of such repair does not result from the faulty operations or negligence on the part of the Contractor, the • Contractor will be paid for the repair work at a negotiated price. The initial seeding I= and fertilizer application for restoration of disturbed areas in connection with construction under this Contract will not be paid for directly but will be considered subsidiary to the various other items of this Contract. 11-18. REMOVE AND REPLACE EXISTING CONCRETE CURB AM) GUTTER I' Removal of the existing concrete curb and gutter in connection with the retrofitted curb inlets (see the detail on Sheets 7=8 of the Plans) will be considered as and paid for as part of the inlet construction. Other minor amounts I (approximately 20 linear feet) of curb and gutter may have to be removed and replaced in connection with construction under this Contract. Replacement will be in accordance with the details shown on Sheets 7-8 of the Plans and will not be paid for directly, but will be considered subsidiary to the other various items of this Contract. 11-19. CONCRETE LJRES Concrete structures to be constructed under this Contract include curb inlets, Ii area inlets, junction boxes and headwalls. Concrete shall be Class A as defined in Section U-13 of these Specifications. All work related to concrete structures shall be in conformance with the applicable sections of these Specifications. Additionally, the work shall be in Iconformance with Sections 609, 802, 803 and 804 of the "Standard Specifications for ' Highway Construction" by the Arkansas State Highway and Transportation Department (AHTD), 1988 edition. In the case of any conflict between the AH D Specifications and the provisions of these Specifications, these Specifications shall govern. II -20. RIPRAP PLACEMENT Rock riprap is to be placed at locations shown on the Plans. Portion of the levee is to be lined with a rock riprap blanket of one foot thickness as shown on the Plans. A transition from the aforesaid levee to the Area Inlet is to be made utilizing a one foot thick riprap lining. Rock riprap, including any minor excavation required and labor for j placement, will be paid for by the finished volume in place at the Unit Price bid per cubic yard. ISte • This item shall include the erection of signs and barricades, and the maintenance of, or non-interference with, traffic as deemed necessary by the Owner or the Engineer. The Contractor is to notify the City of Fayetteville 24 hours before any city street is cut or barricaded. If, in the opinion of the City, traffic congestion warrants, the Contractor may be required to hire a Flagman to direct traffic and to maintain traffic control. The Contractor will be required to pay all costs for such traffic control as may be required. u Maintenance of driveways shall be as approved by the Engineer. It shall be the Contractor's responsibility to maintain adequate access to private property at all times, except as approved by the �:�:� P PP Engineer. During the construction of driveways or at any time that the property owner cannot use his driveway, the Contractor shall notify the property owner when the driveway will be closed and the approximate length of time that it will be closed. The intent is to cause as little inconvenience as possible to private property owners. Work caused by this paragraph, including all material and labor will be considered subsidiary to the overall Contract and not paid for directly. Street cuts shall be coordinated such that access to any lot within Cedarwood Subdivision is possible at all times by at least one possible route. 1 1 1 1 I 1 1 1 1 II -13 Li I C I I 1; 'S I, 1' 11-22. FINAL CL,ANIJP This section covers the final- clean-up of the project and includes, but is not necessarily limited to the following items: Removal and satisfactory disposal of silt and sediment in storm drainage and inlets, in gutters and on street and in drainage ditches. Removal and cleaning of excessive amounts of prime, splash concrete, dirt and other debris from sidewalks, curbs and pavements on the project. Repair of damage to previously completed work by natural or other forces. Correction of deficiencies found during the final inspection. The nature of the work involved in this item requires that this work be performed immediately prior to final acceptance. Any cleaning necessary to provide a functional storm drainage, street or pedestrian system during the course of construction will also be performed. Final clean-up will not be paid for directly but will be considered as subsidiary to the various other items of this Contract. 11-14 DETAILED SPECIFICATIONS PART III - MATERIAL S AND EQUIPMENT III -1. CEMENT AND MORTAR MATERIAL - Cement for concrete shall be Portland cement and shall conform to ' jj Specifications for Portland cement, ASTM C150, and shall be Type I. Cement for masonry mortar shall be Portland cement for below grade work , and Type II masonry cement for above ground work. 111-2. WATER Preferably water used in mixing concrete and mortar shall be potable. Water for mixing concrete shall be clean and free from injurious amounts of oils, acids, alkalies, salt, organic matter, or other deleterious substances. Test specimens of mortar made from the materials and the water to be used shall develop not less than ninety-five (95) percent of the seven (7) day tensile or compressive strength of the same materials and distilled water. III -3. CONCRETE AGGREGATES I Concrete aggregates shall conform to Specifications of concrete Aggregates I ASTM C33. 1II-4. MANHOLE CASTINGS AND STEPS Standard manhole rings and covers for unsealed sewer manholes shall be 250 lb. standard cast iron ring and cover (ring plus cover to weight at least 250 lbs.). Cover shall be a solid, non -perforated cover with "pick hole" or other suitable t indentation for lifting cover. Rings shall provide at least 22 1/2 inch diameter clear opening. Normal rings and covers shall be as manufactured by Bass & Hays Foundry Co., Neenand Foundry Co. or equal. Manhole steps: Manhole steps shall be corrosion resistant steps of plastic or fiberglass construction, at least 10 inches wide, conforming to OSHA requirements, as approved by the Engineer. I I Approval Requirement: All manhole rings and covers and all manhole steps 1 as proposed to be installed by the Contractor must be approved in writing by the Engineer prior to installation of any item. Complete submittal drawings, data, and technical information must be submitted to the Engineer for consideration, review, and approval. III -5. GRAVEL 1 Gravel for subgrade in sewer trench shall be clean washed gravel (or crushed stone) with 95% passing a 3/4 sieve and 95% retained on a no. 4 sieve. Sample of gravel proposed to be used by the Contractor will be submitted to the Engineer for 1 approval prior to installation of any gravel subgrade material. I111-6. SEED All seed shall be labeled in accordance with L•.S. Department of Agriculture • Rules and Regulations under the Federal Seed Act. All seed shall be furnished in sealed standard containers, unless exception is granted in writing by the Engineer. Seed which has become wet, moldy, or otherwise damaged in transit or in storage will not be acceptable. The kind and quantity of seed to be furnished and planted shall be as folows: KIND OF SEED LBS. OF PLS* PER ACRE Fail to Early Spring Sept. 1 to Oct. 31, and March 30 to April 15 1 Fescue, tall (Festuca, arundinancea, variety Ky-31) 20 Bermuda grass, common, unbulled (Cynodon dactylon) 20 Total 40 iLate Spring and Summer May 1 to Aug. 31 Bermuda grass, common. unhulled (Cynodon dactylon) 10 1 Bermuda grass, common, hulled (Cynodon dactylon) ? Total 25 'Pure live seed equals percent purity x percent germination III -7. FERTILIZER Fertilizer shall be commercial fertilizer, uniform in composition, free - flowing, and suitable for application with approved equipment. It shall be delivered to the site in unopened original containers, each bearing the manufacturer's statement of analysis. Water for grass shall be free from objectionable matter, in solution or otherwise, which would be injurious to the seed or would inhibit the growth of grass. Except as modified in the sentence that follows, the fertilizer shall contain minimum percentages of plant food by weight as follows: Available Nitrogen 12 percent , Available Phosphoric Acid 12 percent Available Potash 12 percent .,1 t J J J I I I II I I Other fertilizers having 1-1-1 ratios, such as 8-8-8 and 10-10-10, may be used provided the equivalent quantity of plant food is supplied. 111-8. REINFORCING STEEL Reinforcing steel or mesh shall he in accordance with Section 804 of the "Standard Specifications of Highway Construction" by the Arkansas State Highway and Transportation Department, 1988 edition. III -9. HOT MIX ASPHALTIC CONCRETE Replacement of asphalt streets shall be in accordance with Section 415 of the "Standard Specifications for Highway Construction" by the Arkansas State Highway and Transportation Department, 1988 edition. I I I C I I 111-10. STORM SEWER PIPE N/A All pipe to be installed under this Contract shall be cQz1fltmetaI pipe, 16 CP As ball C�o4te gauge galvanized steel. Pipe shall be in accordance with the applicable subsections of Section 606 of the "Standard Specifications for Highway Construction" by the Arkansas State Highway and Transportation Department, 1988 edition. FOR �cp III -3 S SIl�ET `OVxCr� -1- (A) Pipe• (1) Reinforced concrete pipe shall conform to AASHTO M 170 for circular pipe and to AASHTO M 206 for arch -shaped pipe. Class III shall be the minimum class of pipe used. The joint seal shall be either cement mortar, three (3) parts sand and one (1) part cement, or cold -applied per- formed plastic gaskets conforming to AASHTO M 198, Type B. (2) All pipe for driveways shall be reinforced concrete pipe. POLYETHYLENE P_PE: Shall conform to AASHTO M294 and shall be type S Double Wall ADS n-12 or equal. 1 Rock material furnished shall be highly durable stone. Gypsum, anhydrite, chert, shale and soft or weathered rock shall not be used. Neither breadth nor thickness of any piece of stone shall be less than one-third its length. Rocks shall be of angular shape. The sources from which the Contractor proposes to obtain the material shall be selected well in advance of the time when the material is required in the work. If from approved sources, the name and location of the approved quarry will suffice for the Engineer to determine if it can produce stone that complies with the requirements of these Specifications. In such cases (approved sources) the source shall be submitted to the Engineer at least 15 days prior to the time when placing the stone is expected to begin. If from unapproved sources, suitable test samples of rock protection material shall be obtained by the Contractor for testing and approval. Costs of shipping or delivery will be at the expense of the Contractor, testing of the initial samples will also be at the expense of the Contractor. All retesting will be at the expense of the Contractor. Rock shall be graded so as to minimum percentage of voids. Rock with 50% of the individual stones we not meet the gradation requirements paid for under the Contract. produce a well graded mass of stone with a shall have a maximum piece size of 350 lbs. ighing more than 25 lbs. Any rock that does shall be removed from the work and not be Sources of Quarry -Run Stone: Approval of a source of stone material shall not be construed as approval of all materials from that source. Certain areas of an approved source or quarry may be rejected, at the Engineer's discretion, if those areas are determined to produce less than the quality or gradation criteria in these Specifications. A partial list of approved sources is provided below: • J( !1 axta• (1) Granite Mountain Quarries Sweet Name, AR (2) Crystal Hill Quarry North Little Rock (E.C. Rowlett Construction Co. P.O. Box, 50, Guy, AR 72061) (3) Fresbour Construction Co. Hwy. 5, Jacksonville, AR I .1 I I JJ I `1 I LI. I [I Li I I I H I I (4) Freshouur Construction Co. Hwy. 67, Judsonia, AR (5) Duffield Quarry Oil Trough, AR (6) Black Rock Sand & Gravel Co. Black Rock, AR (7) McClinton - Anchor Quarry Avoca, AR (8) Table Rock Asphalt Construction Co. Quarry #2 Reeds Spring, MO (9) Reed Crushed Stone Co. Gilbertsviile, KY (10) Fiippen Quarry Fiippen, AR (11) O&M Quarry DeQueen, AR (Owner: Weverhauser Co.) (12) H.M.B. Quarry DeQueen, AR (13) Carter Construction Co. Benton, AR (14) Black Rock Quarry Poplar Bluff, MO (Owner: Williamsville Stone Co.) (15) Black Rock Quarry Imboden, AR (Owner: Ben Hogan) (16) Souter Quarry Souter Construction Co. I11-5 (located in Pope Co., AR) (17) West Lake Quarry Mississippi River, R.M. 46.5 Gray's Point, MO (18) Arkola Quarries I-40&Hwy60 Near Van Buren, AR (19) Harrell Quarry West of Mayflower, AR (20) Western Arkansas Sandstone Quarry 2222 Stagecoach Road Little Rock, AR 72210 Phone: (501) 455-0987 (21) Rock Products, Inc. Quarry Heber Springs, AR 72543 (22) Seminole AG -Lime, Inc. Quarry Shook, MO Home Off.: P.O. Box 180, Dexgter, MO 63841 Phone: (314) 624-4588 III -6 4 5.'E:. {L• J J L' d a N d J d J C D p u A (� 9 %• a d d w D a d a 3 QI V 9�8�a,d E,�g—g$Eay.�ovc� ELc�3 ET casd�$d3$volo Ed E o. E n€ u 5 yc o m1y .ad K"^Bdd%...,.9 G E3'� Ea%ffi�"otm.c0 3 S�A0 , 5�ddJ%W a�pw To�3ogSm yc .Ca adp-'0Dyma:�'' g wE"DIb wmaa`�$5�>$5�Yc dd^° a X: 0 .3�9 3wCvaD J�JIL wp_ '°aDi�.aim.i m%2w'$p ho55"Jd5�D% �v C�yaw mv�JV51� a�a ooa��a 95 >��md3co�? wm 2a$3g ° o°�°�c' a E°E V v�9 Ewa dd°tL�'c o°�o�.,>�> cE� QJS 2 E°JE PayJtoD'vmra��tyuogJ� yLXc$d�c =st d N y b O I n la d la •p d °L V 3 0 T i, vi O p ni ". D C• O d Y N �. y L �i d v n d V ld = �. J XX d a d W E Q C` U a m3 4 r d J d a4 j d L E ^�ji%JaDC U) O P �Q y li Ci V '[` (% N y> D N "• <a a n y CI Cm N u E d a A .0 N� �+ '— d T a a A N w D (I J (• > 5 yi w U D d G•i y 4 d y ^ ii D% U V S O O y �+ V ✓I d O V� ld J° U .C'i w ' V °.95 • X v LO tl Loy or4>yy�i>dp>nau"3>Dy�•�, cc q QJ N 5 P N N ti J N N RO0d ..a O N E Y J O E ti 8 3 d d 5 d 5 d 4 D d yy • .ti .p J d it i0 ' O O >I • • • >• • Ya•.� • i • • N ydD"R •..'Ci07aCi5Nd «+ "XO,: iO d 0 ^X DDw Od�'m0D— %v�v L °v .S CCv ,pmoW °E2y dm 0 ofd dO"e mom o(b -0600"> c0_0w• ;m,a .1�• d% CC" :at d dm°pv a�9zE�c0136C W0>> , °OE ESC >d•e0O_w •0 d E d adu�ddpoX >L --EE w5 mom" .T L v d O a vr ea- ° A .A, Ta%A 006>T MA"°3-^—.yoa-0+p'pd^ A M9 o�y 9D .ad °add Adm5.+a;oU w'°`—'0m'A do dddymd$°c.�S $ adu$.,a��+ o �3��>4EodN oQ.O ooE�c,4 "ou 0a��P."�aatCMn ���UEyVMp�d "a wd U^.'cXi"u �✓ Qww'.w p�'p 0m n.Cvw.C..a p�! d4GJ w1a afnTy�dTIC. OWw aT°c3 °>%^.aJ btwv"D E" Ep.aOLd.CE Eao 13d OA^ t°�pp11 1 0 0 p{.�>. y�•al J �l > C" U Y. w Gi ... L ii m 5° d O U O % J d E_> C. A L J d e+ r� .C ... L• w N AA0 ,y" ddoxooCS r DCCaD SA aavNw'�3 a°•• ,vd.c>uEia V dVapLp. dal ?a �cc.dx°«'Q AD��A�v ❑ aEx ad�.do dx tl. m° m �xE Daa cEnd L�L3aT 3Ag TyTu Ea°o.dc�y3� Ova�dC°1d"Ja' a1CD K�Cd 0 ."'ai sv OvaNs C % v 0 w w �. E N d 5 a d % °. d �'^ J a a w w y o w " d p CvdC m_^. a�a°Ow m.r:�5-"•—^C• '��°�o,°o °'adFLu V w °..+,• E .y'� ppG yj 03DX 0+�'�yE Ap w wQ OedwawU °.^."3wm dV OCDi m2dcdEE vA Hy� tl ytlulO tED tlbwaiC d.°.dp.0 Ezu.v0Ud •L •.d a `"tio0 LA-� mL o Udy� ...W wuwWa Cboo>d�0�`��Lwoo>r:3 �ypw N ENwn5 o..+a ua5 a3�a En>d Ud� S{d.. aOMd EaVId(i nd.. a•`M� d0A Ot a m •� _ r 0d0 L Vm OOF la g • Py % '� d 1d, 'y ' • �.i . 1�ds+ ddpp (0 a R m3 Ny OLO v m ai C F �$cES OT. AG �Ad o a n o Y E m Y m a... '� R g g U d P E ^� oq�d aop<n0 a v >Bja3 K�ya� aEuoa&n °ov.°. aa.Cw wD ACS I.NL C JU'.t, m^ a C 8 d QA•w �. �.�3..h D v if 0 u;;wmKa$ H m'p RA0 a cdn d;:W p,g,a� �c w mCw d E g a d > O'�Imixnep.o, j a.2 k d l� E "' aa>'5rv]3 w 6a^w >S 66 d V U�UVwmm~ �= u w8a xgDg a�Con °s dR y.0• Au .AitOaa {x oD 5�^.e. 'rar+ R°%•C,Q �d yy tl ^Nv.iA� mEa m .C dl0 0o�� N NF 9s_ . n0Y C 7G 7a5� a y .CEDHa 'tl0 L D i b.T,m.a miam as d'�P3 [L p w d G .X ~ L' 'n p L d YNe duNi o'W d L yT.. Z r 'iw o d E ddC u a' kwvd p $�uy �°: tlwd5Y d� ad E�vn FLgwy 'vntao p d„d.•.Cvk >I �A w*. 00 G I.d dtlm6 OL tiviWd p CD�.::i nG •y ymy ... O o G av .C v tl0 �•O mD N C d0 pn� e m paA—•p Lw POOyr C •pa0 .c. m C U 6 5 iJ L J d d d V d qd "� A •� ttLyii w t4 p d C°,Rai 0C❑ I�.��pw `y+a' > '°o yd nms. a�� •.p ..> 6a6 �A o ^ L p, .. O m .. av r r 5 iii 4. QN pp GG 1O r (a _ �.i d V1 3 •..m vL�°v1O1�,dDM v^�•% dOa'OF3p .•U fq .C HJGA.p EQ CR.�MY Pp N°>cl wl «a %- %.10 O wmtl Qi:a 000 .7 e.a O ® AE0 b EUld.d %ADbF$DN9y o 2& n c N•[ .x �3"�O a "w '0'04 Du0o7%� ovo q.�5m m5 RawmC '�a,C as OAd A°• N S .yJ y .a a R .a l0 0 ° l0 .s ° J �wI yy d J .C d ' r . cod 0 4 d - dad c ��do ap 5% d"� d�aJnAw4o aa�0 aAac{0@aa% a "; �" o A..., Po JDL m>,,, •c `d ,c n a Q _ m5 °`n30 P42R0 c °A°~Eu3 a0Soo0 oD d a.: a� o8U0 d �raA cyeNx "o`� �o°g c.d ad — - DC�. vd°DP d"N L . itA LS o oqq ;C,yo.cA �..o O()o t A otl •�g3..o P Oa .C d C.°L C°.'3 .i UJArgq vwti+"R �. m+^+ .cSJp dpmwOa y" ti ..iN%�� A «id .r o d1° mS 00[d .'[''�"' 37 N.>I+ '��dia �..+p.C yy0VA {y E"10 ..F a 0 N g •q tl ° d O •O J 5 A 'a la " 'CS al p Sl iR " N d ^ al ai 0 a TJd V UI " TI O .y V� .W-1 w� 3dN0D% 2a9 vmpA .dc Eroa01ia dTa 0cw a%i5 dD� 6^�"v'Sa�= n cf. 0Fa V d a) �' L A d i.'• N 0 .0 d d, d o m R A m.e. ° g d p "{j V 6 d A d e[':O OL O> dAJ •} d.+.+5t dlig ri p•�i �.� 1 '1� Y♦ d3 Yw • .J MN ..w ^wl L r1 au 8pw.°q�i5"�E S E°� v5"�o..d.e dd dgRoE^3o $o- W mC°^$�'�D.�-°.'o'00063onm`�W 9.9 !� y U o W m' fto'�md:a D`d �.3aJ�moo w0yQ��'dp�u�Dwmw000°,^o•~°'+ c 3109 so�A°B �ai Ydm m a .A.+Ja.P.�..d. m°ym_� o"aa Ulan.'o: -a I 1 1 1 1 A�ao°Cw J �• C�Q., J E.�va ..tF wu 35Fw Tm p o.3 'W >O V'm�ywiJ.• dy�5�yt0 ��oSw�,^—q� W.'p, �6 ��Sl�' �TOa .- 4xzg d.02 8.2 Ea NOm'O ... O L�X:�a x Ora' we Z yamq °m "2w 6J Jm m 3y y� vz V Ej 6a dy'm m 7 E 9 aO+ x> d d X F ad .°.� b °d 9 ° 9 'dwmy" Gaya c°Aa 0 ON �O wj' dbP °9 �.0 dN !p!%ommBSo /f�oa 5. °"° d u° bu ?;s aid E�,�jF .sd �+m... d^y°" tl ❑aF day Fm•d h Qmy a' d u v� ;�pQE °ba wm -c .4 A mqd get �-OOFGwd dS Bu E�oS23 aC OEJ� y 3 3 ua 0d2 k a AF 3 v�� F �m �uv Gad 5�d.. N5 °0d1r1. m" EUy.�a lb.dJ�a—Oa�—JX ad.bG �FT m5 �c`0 �N .e4 d e0 J G JG e,�m0 bw0 ppd J7 m�OXaJ K �da.00F'dZQ "Q a�no�^° `o't= �°"Sv day�mouN'v°d°'°�>vu�vj❑jmj� a3$�ca��m`c>ud5Jd°�� �3c a�Fb5,fleoym Y .O •° m�d3 n-'aa.—°i>>d0J d" A•.. y w "yn w5 a: wF>, �rpVjo 04Yay' m i° m E y v `�x ^y� o U>'>I, p�ENNO� y yC y m.., CF^O e!_'OU W mFCT _ t6 p� .0 a•OCdi ; bo4O�F V�d> y°j�a+m>0ddb°�dNaRJ m W'�.—. .`�. "�Fg Vii. �C ..dF d'g� S5`�mmoaV3d0696 Q b„v3136 0 9n.>°s'0cd n"5r".E0 cvaCc5od00'ESit tj r"oc0i^J°�a3 v c 1 's w Q w �/ •"` a V• ' y" m' d'p m F" w d j', d m '' O 4�.•' aI w • • 1 aE ° 03 V pb d3E �� ? Oi' EJ c;; z; .r 0 yV c ,ROJ GtaxA O •n.y3 o3d Oy "m K J J y w a 5 d 0 0 ++ m a O d d Co w O b O Q J �cdd �a.O mom d am.m� ouuy d� Gi aC� o'o Gwmuu 'O n.,. Gamib a'�+m E°Eb W pa o > — G F.+yJ�tl a 0 "r C w^yTi3p V O` d d �, O�. .'m Jb d,•,• NF ma C m yS� 0 4 PCO v �' N Qwb o °.=• J °�ttd00 b F U r,)o=.o r> d axi m° p W R A G OGW 066 V^ 9 ° jTtE dmTcb>5o�9 Eu" FmSv-d .�-�xQdE a5ao r d x J 0 0. F U d O 3 G5"� N❑{q9�6 °5 om^�v EOaL°d�`5oy 3A c %�daQ �m5 d >q 3° eJJd,woaEF cQ00C J G > m9 n o0 E F Q a1 b> E? J ,O "'yTV�45d 30>dF � �TiT�mpM m.Fama m d5d°NF mL�7 py vy �cd °��9 �Fw O uJ �. A ° K °u Ov a4,. 4m `C Illyy....rrrr >,�a 5J 7dE 6A 0.A" Qad.C -t6d m a yy O s y O L°F22JJ m w O N ddd pop>w1.O. O la 'O V .O >.r .Jm" a0y JO U36 °e{ d V ° .9 X5°L Gm�'�"QddbEO�°pb�r'b ����� JrrOa d`"GG� dF�T>BU"°tlroE3a��°a° 2� 3tl "i'+G H u�qc H0.F G3.°. a".. mt.s o—UFa� O. m�y �o S'..'o�W.°T•�am3 4HjdF 8b m A bn�^-'Ca3 J°�L�` Ou"Owt_ .C 4a mm pp uj •Vy-y O . ,�bmadmm Uc66N �^ at G °V"c'J x wwE w w cV9s�ve�md�w96pm C V OOtl 72.44.EJ�d� omo�� °a aO pJ>Ty—dm'd5V a —dGd a A u F I va"i�cba "y roy�a'_d�Nma�o°,G tidcJod°: cod o�d0 4 �,L`.C a ds O A O tp Bud d A Y d Y w O d to ^'V A ^ w u y O J L ecpo 06> U "O JT3 F'� TO E �Aa Gdy cd �dm^ W yQ 5 AO dyy N 5 d W !dE '•.. Y d .bi d O G O e .° V d O '.xi ( UJ Q 'O R tom/' .Fa E O a a ty '�] -J�+ E E w J O G a y a w F A L C .'• 6 oc is mm ^ G ❑L 6 y S) rrnn d N l6 b N^ N to G Y S1 W {% O L m a"Y ° c yG^,v�p v�d�0P'J�3mm�aE°.�^WJ o cm >da� rbEd"Ero au gm ���a O a �( m" b> 3 5 0. O p -m u `✓�✓� ° L t0 b c.O i. > `" :° `� "� fx1 .Jk.. ° b d roU EO N E r m Y t L W kG pci N d�V 1V.� •"'TQ U dK Y9 d vJ °v Xq a' � G� d%A Q CFm I 3 Im ciuym°=m w Fy�Voo bi �p � $tl�a�9� d J d d d d b S J� u J O V O J d,G9 °kT°°Ja ?'FyEOaGi J.. 'm -i9 �yu..ti wbp "'G ydJ5 �J��O A,�a°uEmFoodyyyo a61.�EayGopg �� ° °ut dF a��c�1p.p `o ,.�v.4„ea+9 9u�e10 ho..,a,—C�C•'•CyyC��� �' > $ �dv3d JNu EJa�°go OJJ"^�`J^ hOw �E cds*0> $'sro5poM am.°cou u3�3vaPbau3E v E $rnvay�a Oun w Ems$ NTy�y'F'°t tot tot -. m0� w3O��oEgO, Ea'�6SQ L°J a: $5. o �ps�ot0 0J Ati Ea 9 m 9 E �EpEpEa$ Edu 2SEO 'y �wVEOJ.�..JIvO1> dJs• 9ys .dJ0 v �3pmumb�F�yiuya�$3 b>yFVFygEF �a E fi553$s` d d� N> d J G V b(fd C E .c b 7 E O JN O > d U .tyaa o h0 Y _. Ex > VJA Am d5 d4 F .yY �rF dp?Cp4 B }y d Jmmp �m5� wd T.p QyG6 '"�5�m3JKG�y F,GJ��.5 `�0 y yj Fi° StlA 9N.C.9° tl BQQi�agyyCy, .a m� yypEJF'�na?� Fm{OJ .., �mrrJhhJEgB$.� FVj� m�3"dE ycy yc� '�>`� 3 CJ ai' dm CFEgo «u�G ..33303��$p (�$E aF5: �,� $,^yN .m9 °;fie BL's 5t;ry�'_":8 °TL ikonocv a8 r.�0A.y yv °? Y,^ 0 C O a U r�i U day? w NmL oo >smd aadd7^ mmvaM NF• d•L. aL Cd �P ro pJV Am o° u.0 �a3 mSy mw>aL+".A.aAm ,S �(j! ° `•C oc0 m ` EO J'D �:. r O NY '� oa0 wY y E. '�u0 '" •°� " N"3Y •`M ` At�yY/ waumN~O. O wW O Nayjd�q I auZ dOld O^o Cv a. Qa v"+Ny U�-0 0 WN aH0 N a 'O7tl_�Op,Nd 3d d'•+ a� L05 w a yy mpw d G YSa yLoidpS Y�H Ii `•p�.JC 'Jya, J.L.+ .L.+p mo "y YY ,,°b�jjj m'�° L 6 dL1^9 pgCm ydm ya'aiLN O.�r `da Nat y Jy da � d Al yy a y 0 m -O PCC� w�.� "W' py0 A Na o 0Jwp a•e^ea�'-r yN°d '�y °3 yiJ.. M� Acdr U1] �SO U dQ om,oL °a0i Oa° ' u o�uE y2y �.4yyiCA'VAC ,, d pM Q,O domd vE q� 8Yy3N a�,H ILL. a 0 m` addG¢°N�gdN^O 'OA D^�m Y5 �'�o >'d ddA NYC Oaa y iv3mmS'O ANN. OSO V��"„'a dd�A 0YI•�TJ .0 'dd ^ O 0 �5 oS.�Lp ay a l.J N %� N J Y •. d. p d �• Ti O M m d �^ ° N a A d d •t �''' 1. N Y m a m Y .'� a v�NS UD CmLw wow%42o .a° -. o 3aU C O�>dma msa-d cc OY Goa N bS E d "'•1 D d Y 5m^ O t S ObGA NJ 5uJ m N m 00d d AI�N H 0 �w5M a dL�1J0450a 01rq 't A Rn011'+.°YDwCoed. L ym`L7 a Jjy as 7y>>w L�•�°.. "gy m o.w= -0 ca oa ^ om, -> Otl aryc�vF�o- c �dc°,vW'u'CEd qpma ET3pQp"ad'�dm F3 FL''dy 6a$cd q 0 d a a D a Q L m N Ma^.iD Ea�yw^Y Ad 'm'^L d^dOd�mM9 �yy> mOy^N.. y -.d 1•L ddq d 7"tly _"yy a.of '❑OSULUTv,0V AU�Upv A'° a•°�N"..wV0��'EDJ., V°b NN vOw.. VJ Oa Oe7H AmN d6J.°.Namm S�O�mw t6S uaL.' 3a 69 maGdE d.vn �j�y�>I TdE >uy H' yA a5 dOca d�'m L. 'Q ' w•w„•il• dem ,a •o 1'dyy y w OaV mOA Y W x 'p 04> "a G .L.'Li � y9 Oc 0S OE' wo 7=4cyy O max m OL {. .,., L d 1: t 7 a L.4 2 a0 F' �yE OmmOa} O f G3 a d�° mm oaa a �uE ^m "..'O aED C ..•�U�]LJaY Cm O �.D'�a OI .Y•�d"yd •H ii dJ 1°id dL $ u da'%u-+ b �'co td Ja m a -0 WLSyy a+'O DJ N m �•fl ....L aQo o5 H N a0 N PC r ..yw8m N m m " d 0 0 x Y fr odi c W y '0••y N " �". L r: a «°.' � 1aW 06 °"� �4 x Y � m a L m•^1.p m " NT'+> d.0 Nxow tLa 70•d0 CO%vy .°CyJ5Op� a"a�H�5L0Na 05 Is J a VV0 Nu a d °99' ac6 ^dEa Dv.°+.d.'O°'Omud�5oMD5 o a .m,dd S°� t55 doy PO 3 aQ�WJ �w oo 0p "•t NC a'S .9 aOOddO"r PC06 Vv iCd% 5 r^A.uo.Bd " HUD m °v S'�cvyQAu"ddovALs„°?'a H.L.'a'�iu�aa4 gtlmB.8 dQn�WN��LS lgkm aJ O� " AR O�yy aL N35�aNa°$b ^DLW ad ��pa ^�'"t mmE C 3" a pJ Ta dN aY,OA 6L. 4Co! d❑ �ciO° >.CO L p Omd OLO ...a •-' tea" ^� Dy^ N m�uNUy N q ."�WP VUYv 0cc dAS .>� V yd �$° NV'pO V'6C A^a "p Ny aA.+ L o0 u naE "'aa ^'.'Cmwm >m •°.oG �m R+..Y a'O ONY �,'�Vm �`• d "��o 0m"85F %' t$Y�apL d apbm0y^ nwp V wy ma0 •dO '� dnE— N p"DPC 8 7 C m 2' E'°°'OS'y!.•04 ma;'""''tlay v�.dao 0"a oC�a5 ° 6mv�17'Na� m4yNmtsj kyWEfna15�y�aq 45a=OnOC�Jco�3N tlo`3�oAC m'�"i�OdGO-.DLN O _ O^.^-i'O ^m.y N..-�J ^' tlm>•mD"�".rL">N aIO A"w o° Sim E..ONax d..Xs yPN aro �O fl J.-.NdlOaM ® D>ANv N vJ aB �aOD6 R: C3 tDOiLO -an.-.UwNa ^•' F V E d b i o m e S o 3 o °° n °' 0 3 H o a• yy m °? o y ' a o • d y d V a' 0 v y • N y y 4 • O v ? fl"52a " gg0 3 A�5y ^pJ O G ,aLPo .. ..,G vymym d7C E M C Y^yL m°-eia Ha my .S CiB�aci"✓� u ' m b OBZ'oJ00OLaC dV.:,A tiQ9:+wLa dN.•—a J owt F m tt666 O dy a o... : P. o ° o� d`�Opaom�93 Vo aYu y_m d $ •°O m j W °° L om a", ."yy? n "Y' u D, o r .a N u a d t�!� d d a i y 'Y� „po d 0 Y Im'. y E 61 d'• .dc v 0 N Jy ^•oa°�Ow�5N00�Hd>.0' Ha.w aU`'r-� Gyd5= 0`G�..dAViLd 7d Sa5>•.L.idd H o R d Q as w p J y a L N o C ti A o O k a cdc� 'y0 9oyA0Y $Oa JO0.tl ;0 0 JQm�'dp m9GpG° " Ey>>ooEy > v ea8 a Y La 3 d o dNwN am o •O i m Y 3 A L y F. l0 J O Y a Vi 3 O O �o�=ydy° ��'pp��dm°33°HdyyAO5om« L ���� Hd uy�'yk°d �c aN" �Ju"i JOo m03mr'"�> 005 aL w°i0" L a•°0 L 4a a�m0 om.d., �dw 8u w 90 A °oen° u0a.—w dvy00aaNy��°°o Y o5« yw yy5 .cwD0W ac u a�D 00y Laxi^o J E v T•��a NJ >m .°�T'=� O 'y v88 �ya Fes^ a>i �y� 0. Y a°i 00`y >o�� o a `A� d°� Oa Hp mCm�D ap pp�„O,�Yp� m68o w �A 00 w6u�woa 6 % y°Q0°.^d.'H" Rd30L ♦'0 U,^. ."iw m0>,,5� a Yi.m a"xm D d0 0m5'� UdB�S"'5 fled dv dJ dYa ^.oa N.� d go p ao}�•,kdo yJ „oH >≥ J OaEwN•� od 5�mc d 3Tm 'N QAdaa `�myW dH abmo5am°;muY dvi yCyC 0Od .O YJ >'p y .., UA wNY m... a m.^-.ba>•a•� �'�O�ow JiNHd .^.l �°ad5 »i m.. k3 aO d..>. L.i u No �5U y`�m .. V d 000a m H O C1 mv0 •�.-�y Ooma� d .17 op £7Y>�' o y Y 6ay�V'��•a '-� W>3.^'A �'.� m" 38 5 n$5 Qa1 ��:°J �H0ld a4wa 0a c°, a� a��No1L 2c 00LO wvan36�o ^ y o f S O y a a A y N A a a m G a" b m 43 y ' a U N d k' l J d ,`j d a 3 .w d d L' pe d5 G d W L O a$ E a a +' �Hw�� $n* y�• � aS�000°dx �Yp K a yO p nx$og n aN„ad��EDN 2 m06 PC t MEVd OY o3�W? y'$m.J�'S'8 O b"•J °•o.8 No°^ 4a .cd,a 3N 8 a A b m a5 d Jm a d L 7 m m v O N L w d V J a ti^ d A y 0 NYG0 .°",yn Axoavad�o0Z90.�c �aN>�N;'oga,�ma em .� cYo cEQa $ >Q0"v �PO>�mayyy oy5 J 2'yyy S��{ 0 E$m5u3gH3idF�o`^y 3°>dE$wYy9;Ep° `��°d $og°n$g >1-5 0m Na ad�pa aa7Jm "Q8 W0g ^`tJ0 °d >6 qNa0 q3tl >O > ?$� a$ og80 aDydsida� ax BDwdLLo°JS Qv�H�ax vanvC:a.. ..=1n:,�; .VV11�w...-o�-' .. ^ C d d N d T T o^ d J a a a C a III a ci a ci Q` 'd9L 9d ICC 9 'O 'O' V1 m^d V'e 0,^-w m�LLd e w La wd a dJs ea .-2c 5NvV U° u a5 ati Cs ER°�r�F vp° Hr>c�F `�a=rood : 2 3 =«S tj Zc00E o �JvvC2�dx mm���>�Y�Sw��°—r�rSOv a V y.^-i-i ZV aLFy °yN 4d..U.40^m 0v W'OUL; O. �] to 0 dw ,rb..5 Si0U w yT Od Mr as a I 4 QCa=xT° S n nF mFi�Yd '!fl C ya pa 0 % Fyd dv yU.ddvF yu� a 0 P RSP.Qq cEa P mds > and a Amy OS�"^bU" °r'd Hz o�uvd0y cm m?a 1m'mb�5gg°v n�� A ti cd� 0OQQa .daw" ti. C > r EN AF H+pJ <O E00P2 Y�L aS !e us Gead Gye N Cd IErsOW08 a cw FCCd W"a+�i {oU'N Ot.�L9t°m„°�m— N.4�'�O(J °e�.���e] `�GywE �'JV .�L❑ F�d �..E �°i m"'.'F .. 'e m0 PU Y°'v�CdJ O�a OY^dam L aeH� ad .d.c'O°a%t w`'iLLCdbp 0y 0.50y hN 0.NV0pey `I aO.F�dm e�>Y pie<TOLY 0 u 0 °a x o m.� d by d x 'C E 6 x O O C L b� kV ata'°O C�^:+�9� Lx xaa9tl?yy�'A d°a.CQ : as d APP `OdaC - U La We mo aY Cf'dMwr LnY 9ZY JL A d E.cb as �LoEdLi3E °y'v tia. M.C9 Qex odgm"°�S GOwa P°�., `SY'yL aFAte aS �mm8 uw G�nr um .-� a ^�i J V d 0 y j kOO Fa mF Tva�Lyv 04>1 NmN'grk'>OyppLdd Ob an 2r u� NW6w�3 i.uCa t`t'ad4Q(b`. a. -.w0 V:SN EFJra 4L.ui 5Yl di ilG%F°i uayi eyu • a%L5ao9 ae%aF„edngnp%dp c E c�`omac °L AdU .t �d3L' cm�e8a am°o u ow d-°dJ�dwA9a d e Gr��Y0 C adJO ��-CFO P °u00 ,EJF'Qd L�J_rdd q%C.-.L J da GOP w0 V1% mxaLdm a q✓✓/� "'a>+J F.-ar �a +' F dm m'��'�.w C6_Jw>Pa a^ U a0a.0 ,C OOo_. -, 0pd Lar OFdC... �:�0 jmP d 'O y Odd U w C w CC = d d y d C E L e Pm w E E w d o 5 a p n c tl c aL3'Lp Edv�u m.°L.ow .cg HH u^md wE..>`dacHsEyysy'�o.:.t'7m Gm ° c°5 a -4;>Z.2 %Y.C o a w+TppJ dw b 3 mG[�Lpx..O.. d.. .. yrJi •pF .�d0b5 >> �E5 F a� d J m a 0 &'Cmwdrd d 6 ye�y y L LK.:dyvd yviy %p a.0 d OT .7i0 ..OF dd dF E"�Gty.0 CC"�'F amp6'•A ie EL ht o d c o o w O F O w a $'LFD V06 rd T>dbd Ea'C^!n!hE Fy oJ'F >N��cWNNo. �°.�C LN c O U Cc O 073O%m 0.90'' m`aa % E-- '�ooc N'0vOEO^d 7L•%G dtlC JO .0_09 "�yVE FdPC r F0 a%w qFw 1C7 v06.ou >'�JC w NT9.-. OOd�a yeJA .+OV ?E� J 0 Jw 0�00� bd ° yF 7%�$� EL w dF �� �>' �m�hh.-op°E GpJ od LE Ew d NN a,,, .tl di0X;..zE 0.dvcv11 pEo�uCQv�PC « E Q Hd.>d ,m OdL7 OU Le Va�7d0°Y>. aiN x'..wF� rl,mL NUy of v AC 'Cm,.'b00Jm yB ,. ..G ,�0 %❑ % dC.>.P 0-+ y��q>0E>.%L ar p�P mu100 Y P 7a>Nyd"OO.p Uv����T.:.TXy:.i�d..�.^m:~O'i'�md ON °y�TN0�4'OTF OFSF vF x... p 0 0m.�b LdJP 0.addC 'Ora N NdaJ Nc�G a>%Ga5 mb 0.W u wP YJ%J a d f*]a ° 9 3L> �mmb°�S�� ��rCC5>E �3> 9dc �S>oama a¢md eCcmfi caX°ar a y^N C % °' mt�. 06 0 ,w -'mom+ LJ `y ;a `N 7> �+J'mF d 5 L ad w ^' a S d L p p Y C ° J E o E w r P w N E a .� d d a Y O J y J J 5 qqW mm�� °5n ,C a5 ti.Fm.bV7 Lodd�dpj97Jy.°.wNNm> p7S quo 0 .C s FwcLS 0Jw L00 .PiF aY fid ti0•n 'C>G.F.��F bmCQu r y° 7� � I• Jy d w 6 «�C `°.a �- °^CAP U�°N� .k%y❑0.V c°5 N -'m TYm"c-.P G•aJ Go Eeldc'�[.- C, t'w.iE 7aw0 AJ 'O y�Q a. qA GOm Oe° w ' °2'S d s° a d Jm 5 C J 0 ill! e 0,� .� N� y F'O wi T o C 0 ON O d NNd �O%N9 1.r5 .o `�tlE 7w wY J0. �:..i �aJyG G e dFd VK dCi d and ^a 00 Gm:,�Op�ytlG^Y J°OLSm ate �i OF O.� Fn JF VF q CG u a u 4EL y� bQai 3�'E y� ao.b�aw�'"Eo3 V�� Qm yG a��L dG a fio�S�dseqC �CC�, ^�d21 a+ Gd a d y�br y]�yLwa �aJ�V�UA VQN a6yl td F v;y� ¢Pd dW JllliL'Om.] d daa E h mEP OS ady fi d�S V �EYda .. J ,Q ,. F ,-. GNd y J •� > F a v a ^ % -- L O __ ° ,. % .. Ul d .. d ��7 .. % _a Cc d Q��QiY�i a v,0�y0J "a=.� amc as �z:: a lJil,wfl. �,m4'y�Gti V T>9 pN 0�d 0-C�A a JJ O PaN WS aaY Ya7 a 0' V1 aaC%w JFN ad N7e%fide S'JOG dbE0�0. J'O b IL v_9vay°aayG55 aEvp5Qa�p tlE% w mFCyB �4Y om��Cy $eToda°y 0 d a�yM -I." •00- AM'UF Qa m� Q A�d-a 6^�.,� U2V r5 mW 0y �yd � �u e flm y .F.+ d ' C, VrmFX U V 60 .. N�.O a 7 tl d t,� :JO� yy d a.a EC Jm d •NP et{e Pwe.o raFl. as dN aGpr C? G '4 y.�vQ E E 0 m •y 'O Lp y� y..'1. 3 y Q' C S a s S pa Q �1 d J p d Sl Y. .SC y Y U ld V x y(tlp�a 6o q F E ^ Qs � 8ypo C So%� �t 5 g° y M % b m e w �� �'�bhl^ � d Ta ❑ � a o .".pa8a476e 9 U.9 C� P LeKF. piE Gatq 3(p,w�.]y u1 O Sy..>.+Q.: dO rZca$Sv�sa NN d a d d 6. d ^ ^ J- 1 Q 0 d 0 g m . G � U .'3 m E i0 W ti C O ai O .� L 9 y G T Y J g rr d b b d T 9 mv° °eJ3tJYo NW�v m5a°•3 .°emm°8Y°L, 8„w - ...;>$8."a°a3 3 v�—eyc�e'� IL «v Y3 «ub"mm Yv oq 0Em d°aoswoJ ym 9 �m9�U 0! ox °d 0�.v>� °A Ow �U�nJ v� c5`"v°Cw Gd p—Xp°7 Q «`Y>� GG�9W � L+°'u'� ?fl .:m« 8� F7 v8° „a�a �•'o �«a Ju 's LJ PL•�a Ji �> 5 �� 3cm�asdq �dx—` ad`FdEdt� ,�'$o`ymP^mua��to o�5i5i5i������}}}N d xv8u °'��0'y�yu`°`dauwrn °��• .0 tcnavYyP.Edu &° os3-^T•o�a °5a��2Y°a9 ..dJ .cat ow o ,n 0.tL m .J> 97 5d 9 m qC Cypy11 ° fYf��d.L•JOp.7G' a^Oi C w E o:+r C �' %o 'f j2Mn �� .�a7y�uu�N•.1 _.cT T4.O mYmL�. 5m•. «a .� pd L��m� dCJ �O • N>�9 GYVs-soogdyami�>as9.`J gvm��PGC;yO EOgOJ>YF9L•'�9dp t�q� m ..% bm3e ou..0000 NE v,_,9 b CogY%y5'�9— 4LC v TO Yt d !� �•d yT .-. NNd O^�t U-� .. d 1. J�m�3a-ID r�JLiOL%�L�JL>�390E O'�mPJ CLea �p Taal MJ•'5 u�i+���gg d�yy�' d 4uv 8oao�d3m5 Zv�voZ3�ecda o�3g8 ao� dx:-ac ���ca fit Qo y _d �0Oom''ncOCZ Dap$ao`m`°S�0°o'�d�3Tqy0.SamaJ��Qc53°8s�5o7�' c�F°5�J a ., 03d Fd .. _ IE��J_Ed d •'aP% e:oy5 _offi� "LL°`mx°tiow•n mr���OmOyvmpYY�iLPv�j°p 0�m4>Y^'mom. mT �0p JF J8C >Y NM%pO -N %J Y OJVJ m.r .'fin° ��L°O LOO�O• YL 09 _� 5 dN"J wuPJ 0�Poc% JOa 00ga2B E aScag y uoo oc°oac�9�aa8Z-Mx ovcJ22S. y°a�o m'o5PL`L° �°�UM« 8oza 9 Q S a$ W s Q� � v Oy d .. � Lnp c u j•9 " S y T u m «'� J �� w V� v f aO t• a n y y ,t d _r�EnCnpdamwGadnmJ v8 5Jiau mad E3°5 °>S E� 0_>t� 0 V� Jmdl(�n OS. II •'°FQYYL b^�C = LyO�av 6�aL Ta5"FE� m n vos-z ooaE, 2L5 A5>a9�'E_O FYI �O•�FEmC Y:+X .LiL •°_u O(/Jv a �' J E a J J d P b � J •-I N Q w C J J 9 d T% g J yj Z$ % Y b L m N J u O G Lod F�wwd Loa dw _8 a_eT m -a^ S8 b ro J>° ❑ 'd a Ym5 a«iEm �d mC 3°oa Wa �'•^3gSL,«yna Fo dww uou.e, qom 8 o,Y_ YLJ$ C•-• V �1 nEe O E Y`mnYJNE y w E L Y E d •" � M a O C 7 O m J is P P y m N • V 9" �` L Y O 5� Y 0 o v d « YJ eLa m L�� Jp m %L °9 nL J. .Jo 8Yffi�Le sG�xu mn\NJ�.E NLJTF•!w•����NCooJ` due `ud �8F" ^ a�^, >° o -'E9 . J J d a w p y C J S U JJ % ^dL dO T .°O m 7 Offi ..Y ti8 o eJ mcvO� •+� �Lffi 06 vtgq5d% nE%d % JVj gm5 `-g9 c AJ�cB°^ n3 YoY N O ° > d d m y '- ,.• q G tl m yy 9 T Q C �. > _ Y pq�s C(0�'� gSa— ti ` jy%y� m59m ocJ3 y5 9Joo-5 > _oN m Q WJ•'•�Y°00«bd PPU mU.+m� 5°idJO mNQ d�C V 4� m Y Nw •' •CLC .3 7J dY ��qffi zgas�om�EgopE�m5SatEYgEg%,�pp649V°�uw8�d2c5rga��5�gc�°$�II a. o'08$mo$Edw�o=n-8ULao��«a!5� d>5"�mg�$dJ�>�udu3@uc�«d��d uo ..Tm 3 c rm0 ° sv m9g I. �•�o m_ .-a:W B �me3al v O >�" b250 �dL«y 4i'. nJiV Cbd pCs W CIh•J«JUaG {3�.. ,�, LTPh GC a C.n'1 dJ m %O 0 .yJ �'u« .+�.-. JY mmU m��mu n06F m 4-aO t1 .+v> C00m w�`.L+a S�%Vpudm mup�35 .L+N�v J>W �.L+�6 0 o T Q c p d>> $'8 op 5w 8��p cd v u °«'°. •DIES 5d CN°� vo -.o... `'u- 5 °'%ox a °Y E>u9 LW«ds.: ~' 3 9doY gi«ouyd d� uGm S59a °� u a mm> �5� has �pd s ;33 _� 0a •d dm���'� o� s c�,xo c $ N— o r o Zo�vC`'ddJ3 •OOL�u5ui,,0 Sm n -w5c $u �"'y$ 5Tpv�u yc7 00 C. ° c 99d3 a dJjm�u N�00 .�9—'< I. N �`v G�.�.��p UP� y��•wm�•Li� c gy m a >Nv�t d o Tod LY J �L o L$sc P Nc�J�ae p �n v85 $ tm9o3 to42 oJ° 'i ad o Y °H'no_poov 8F »,J --4 .y .L, atv gti 5 $5g%o r.• 9 "5�5 a UyZ OW.0 p w Lb�y L b fl S. ° fl VEL< mtd°L°qflutiDj EtYctieffiq uS'u00 7 ppppd NH .... 3p • �'L eP°ih mp m�c io�c F m FE>Sw'Gn'Jm� V �U sao r_$U �eSQ'a'8g Qa ye? � •• V y -y •y V V d V V 4 N° V 4 V V m V V L W mo«E E„ a 8'o�wEm.4 .Co J, h«- •1 nInto 5 vaE3 ddL�a no.9 a ams 8 I5 u'Eoe (3oQS W u5S�c.°>>�n m°�o �.mT.�c_b'« 9u.ir m>.°.u. o V$°' fl! sd= s sy dd..y<8� €vstt mLvE0 WW'uL 8ffi«8 w°ffiL"8 vmd% dffiS `a %9 Jvb 3"` J« $ A Kvo=,8 �d ot+�., Guys" t.=O>.�rr'Y m5E« or 0Bcq ; E a$�gE6ye aE>° L;E gffimv LY ��5a taeao am d,°'$�ceL-�o gnm8 �; •5 $� Ewan_ JP�J_ v9 d^m �u= c�'e>�601auoc «'• °$aP ` '•c 5So�gP $oP c�J gi=OC4 S. 80fiUY 5amgu 8 eaeopcz5°` •�c8$Q o° oa°3t`•'K �Em 5m`g`c YL5 G 8 J a o E J 39-r�°wNB�da $vBJ� =mo L�'gu59cavg°w > 3'd° iA u aa5 $° NOR $`'.00? ey g uuU{>QayL5�•m8E 9�.. 3 (55(..3v �y'� c Syy q •-n u bffi O L d° mr- O �Ym .di�bm m«�+Lym �. m w mG N:�du dC pp!! yy7 IG, �.. d 3 ua'v m J <o P` �>;:73 $•°2 �uw .. 1pV Y°8L m Z Qgo a�m3 `oS m °yd� :fl'v VO "W d-4 YL H— J m0- bC W.2 0 9 E❑ N «nn YL+� 4 Vo{ a9 Y.. v"EvuGv EmE $�Yu a .y •, E$ Eo0 $ .. �g J em$ n a F°p,c<F w"� S >gyyE ffi li E pg a R ffiai"&off°u'b8iq °'ffi cU° q o �' B L ow Jet . d od Lpw ° L EoELc .day EvCa Mda B ; c 8 9v } H G ~ m H B o pp ro p L y>>^ m H H$ u G N 8 L Y•5 py ro ti N v Y 6 d8I Vii: P$Y{P V>• ro a • �s ffigf�(H�YCi S� y •. 5K gi '5 a� Y ffi"c L�ay.�{e5 dG d�u5 ��g5 $L-y�J p°ccdu°S=8 a w^6. m °8 °$abq Y Y d c d8 PT 0 V 0� �dq> y a 0-... l9�oyLy Ii: '5�'v L 4JyJqq V � povy'�9CffiC.. �g EQ°ffi.�rL° y<i 2`y�b 5 i0 N ,y CL 8 Jn L^�g 9 �a 7'L SE Lp40.9 000 4y N nu aaFK..Sr .i Uwm H a 'u5 nd RO %O ��a Y > C:• w 0 a OU� m J 1 0 J C E IC 4 y i I I l 1 I C C •5 9 V K U u l L - 4'-A i O N W -j 6 Q O i J F N W J J 6 N 2 Z 02 C d Q > V r U 6 m ^ o� 1 W C. Q C s s O .u6mU o m W W W O Q p S r > > S ti ti ti C K L 6fV N w V r a 6 C q L J .. m u m q 6 4 Y m � u q a r M 4 4 N ^ m dY 8 L C a O Qo -ra Q o x 4 O N J L EL — V:Yh C u W 4 v Ed a Otib> X Y .. m d b E > L V m C Cs Y Y r . q am Y 6 O IC.— W l - r Cc .C J 0)- Q q +' vJ .- � C L m L ) N S C C r L a{ egad .. E P m 9 pJ r T d X- d C 'r C -- COCK • e Re CE O b C n C 1 -I. Y y y .. m a 4 J > u N E p m O V - Z C { Y V W O 2 m d a CO E J L o O O a S Cl Cl O ° J ° t 0 u w HO .C C 5 ti O 4) •, a K 11. 0 O O i -E L+ 5 �dX�>�Y 6���gOOtC5 ���.. '9 ymL ❑� R259C lkQO° �a �t�c�J !At Sy dJ qq4� CE(8j to V [1 $ a W$ d B W O C J O 6 & W a a d 3 5 g 4 B g m LW d W 6 -oyUJO �a 8J �a xv 09 C.YJ JO a w y a 9 E c J a �" i6 L W t a •`• 01'p fj ee �i m m" L y O m`T.Cm°Ja `. .4J �411o�'p .re]J C�a °g aoE Ja _JyWtoe_. e G = d J d m>> d m y a J :. 0 p a w° p pp V 6 O J 0 v1 = X •0 x.1 - t d J.' >OG� O•CdJd.��9 �p OS MJ 0 '� DWG d�5 . bona>s5 w � 3cwLC1?G��G$d0 �,�m� W a �� 0. LJ �5Y J y1]9 y b. JX�ma� 0 M bMC �.°iV�L F.•j5.5 m W q L O b NBmfle�O�ot«B3aHs�5dn� oe�$m���o m7H��8� �omaydd«o« sxd5E°o°dg5�����aeg«� y 5 m EOYV .vaQ � 4oC c�cm�a womm5 S m 5 d 3 C W E M J C W J J 5 by 6 MdCyIJ 3F. k.°yE 5cc �H c o -0 a' v p9 J'cQc �cy¢879 k5Q=8 t8 9a at o.adt0 o5ooAa I hi'ti Yyy�IagE�sryTmuo dJy L•dImN3 y§t�'� �YaY 81"Ja aJ� �Y" E1 ,-j �.aOME r- 0tfl0g3 Et4iody«�>. Y OVRpyG Gad $ s In ggg8 N r • 5Va°nSr���s°n9ee ats1>� 8X8g 6 a 6 a N a C O 0 C x In h x K ro E O K ry x ro K W a 0 u H 0 d.. QO VFI/i v O 5"M o U1 F Oy N p0 U O& J K K b Ut C d ♦♦ F Co 5' x 1 � u of Ia ..I C c VA Y m h N9 \ o, N r ntN 8x U ♦ \ J e r r Y O N-i 2 r at ... \ .�• Y m Y E .+ Y \ `� Y OG V I CLt o O C 11 LP m •i � H Y _J 7IfIII1I(''' r Il�tl m m A 5J�p Ia O F J 1 C ro 4 a m m o m s m J Nq cLn'3 C m a O O y � m G G — rd� a N . _ C H �I I S m I a V N . p o I u o m I U wr m I •� r I r a I, XI o J I o • o� I d o e �a I I i ` `�'� 0 O O I ...' O ' LQ ax I I w KWj ' a I- I ' •1 r. 5 m -- C n d f J G 9 .. W - a- •ou g y t ad > p E 0 J w m oc Eo x t m o p o m m ms Y VZ4, bo U. uas 4J .. v a a ;$; `� E• u w m u o '" — 5 •° a s c m ,� o �So v H pa N m w5 O ,a ai O J J - ,M O m gj VI p J 4 J ' .. p U m K Cl m K H F 2 .cE a " `o m m a r i ; m J •l 0 M u 0 2ge a " Jb2 m 5D �x K > z 6 oh . ≤ vV Z4 u u o 6 n ° ..---o GF I I I L I Li I I I I J I H I 6. SS pL Sc or5c �aaa G 5 m a. yy "Or a1 V �N L' -la bL' 0C" w `�' d mr mdw aL u"' u•' m�'> �w r m> M w i a i ao og�b>udo m["ec $om��oa 5'o m°a�n5v m� . 23 o L 2� °'oa. yaa =50MV S�' aL°�o�°�n'°m�$dam°'$�veio�"vt a 'u' « m Bo S 5oE g^ B wBs=gm5,caVA 5 .a $ ad. «, ., d q dmd p �« Md5 �°« $c_ Ff '�"7d gwd 5 m 5=AJ a 6o m$asa o Q�i .,poyy yay - _5 g $6 a ud o sl1Jw°'a HQ?cyt, mJ 5gY $$c5 8r a N iii d 5 45 $ m5m 5tp°"��'LB`Oa a QYY 66w d"1M« M.2 F,'«a'2 • d°.. gF�«�i r'� �5pyCum✓�sdOma a. yL dt Ogd 61, y� E§ m�a d°RO d- d S°e�°Z 7^J e'� b�' w5me.e �gy�sm� a muy«gNa�vm E,.to3Ed`'�ur.� �p3 `.g o � ou �5+«•e oaa��mr> ar m _oCqCq .asdpJmdw aCti ti e o>o S m r J m 0 m C a 9- m " O 2 O« c r EE a O m 9 "" ° v H c" c °° u E >� r° a m ti y ti y J u _ $> o _ Y L v a w E. C? J 9 �. y i 2 r ° r�. d Y a .• m m Q. 5 [ d L cEX=av ms ° oLaJOard .J,O �.-. VM go °J d5 we �`sa 5d°c3J .,U"maU y` a � i °� •Jd C gcda Omn C.O E�q",�Owm b...r ❑nMcb d m°J50 �my�' �0$'oJ.3� �[ d �a k a sm�g9a„'°" LyE�ueotd�a c�^ut s`5 ns° a c� o b 5�cr�d�°3d�3suo;fi$m$a°wm'���Mk=5T°$H�a5r ��Eaa°"u�Ccm09�5"°�O uc� .O w 3s^, w�gy o F L__ o pO 4'w,: �,d�yN1d1,� �QQ5G�QJa .. .. "C '] B«Yd«OFt O�0. ri .�'.+ c0.J �-+mwEu a�OJ .`..��rn fl v .+.i �aJLU—a5 H t/]3� C N E G Er 3p uo uw m� cc a sil4a �u $SC .9`� �V .a -% aJ v Uxpw 09�OF E.i=5 � G G�a aia �' C•C ug�� N '5ry � p`� ao°aur ur ma do-. .'cv,c Ei�yUaB�>°3 o 9�yymgcm �aE a5w� a f wg"po$R9e�m bov6a �a rH5 v�-spo.."rmc�oa CH e 4 Cy °ii �g=, i mmi CE¢« m m ° 5� a� 0az^5`p o �`gg •� °Li 4a EaE mGri �m �L C 6mV s uv �rmdO,,°a C"g�soaoCrLLy CnC-.5Wt(Ja�.9. zso a am 5 L�d 3>c �F cuta9m�w`)ac9 E�o5k�?�y HdUoxwsHgoo gLi m 5�•C? o��7wY�^°,macc°",q .2 56V�i 't��1EUo8,k«Sy �s,59y 4J. W. omu«P&N�«j, cn'u$`Q.Cp C F,ay�H �,�aGqyq5� S�d5 w2««dti 7;0 5 s u pg d Qo x59��a av ��gc���V�m3o�01m°d°u°Hw�°t �o S5$°a E�pC p$a°5 pi FcSy oon a2g Y adls_$�e �b a S �q m 9� go mF4.43- o o �BabS8 �9�B �e� m �a�« & a°«°' gu.•a5: mmo«sa $= o y Owdubj°.�ma.. ld'.m aN L`r.•m•y �"•w^omo[ '�9"iy'�y �•mF �3y�N�ca>�ce3 `J" a'a4nm FNm Or u: U5:,m5d XEa5 $'[d v °kd gyX s pc.o uwG 5umVH�54 �*15m m.. - C0 S t p G L m o C C a- �5 J w J a aL d�eom oo��c Y r E ^ O I I 2 m 5 m^ p d p C a 9C N n I ,. O C L o a , L+ 4 • o :J N �dh E--.C VaV C��b aU m YJ I J La�y1VOn,wj^•tV o V CO a-Caoo aLU 5 =J�5�dwy°� daFd A E$FU J m O L L E w a c 0 ' VCOO O m V U 9 N n J e p ^J X v O V I✓ K I rd "'pO 6 m a .e. a J w a a .- V O c ur N Ct ti�E k'yadc„L G G m ? j a -. 0xE c5vro� o IX 00 OC8^�jC�°�5v a H W X�a0 ma y-Ou:y a O J L Y. O 3 I I a on m&vKid gym s� H k 5 E U y E• s N H y ° s o I I° o�9eds�35gg m y E o S m B mp^ y C V J l Nti _- E t :.5mnT S 0. 0. O. a N a° C E v Sc O :y c a r. a C a IS 8 Y O c 0 w pW X V W A. N 0. H ew.r .,s H•:r4 l:sws n4 new 41uuajIs ivalenlnoa to svagwaw paanloelnup •• '1sd OS8 u241 ssaL oou 416uauls 6utpuao a ulsn 2uaieAsnba an nn oariu _ t 310 335 OZ 83A0 9XE 0 01X01 0 OIXB 8X8 axe 8X8 8X8 Z O1 d0 D 01x9 8X9 8X8Oz 01 do 01 9XE D axe D 8X9 8X9 9X9 9X9 9X9 9 01 do 9YE 0 8X9 p BX9 8X9 9X9 9X9 9X9 9 St 01 do XE D. QtQt p 8%9 8X9 9%9 9X9 9%9 ZI 01 do 9XZ %9 0X9 9X9 9X9X 51 01 do 9X D BX8 p 9X9 9X9 9X9 9Xp 9Xp 8 01 SXC01 do "-pop8 p 9X9 9X9%0 0 0 UP 9 01 )ON 01 do 9XZ p en p 9X9 9X9 9X9 9Xp 9XD 21 01 do 01 01 do 8X2 -" D, a8 p 9X9 9X9 9Xp DXD On 8 01. X2 IN 01 do -_- 8 0 9X 9X XO %9 S 7W 01 do (1333) (NI) (1333) 51 21 6 p (1333) 1333 9NIJtld5 ltl1NOZI80H 3l8VNOlltl 9NflYdS 3ZIS 9NIJWd5 01 d0 01 d0 01 d0 O1 d0 01 do 9N13tld5 '1b3A (1333) WOWI%tlH 1H3A 1333 NJN381 30 H10IN 'Z180H HJN381 30 H1d30 (a6Je4a+nS 21 Z) #sd 2( + H X 52 • ed V 3dA1 1105 • S1N3W381n038 U38WIl WnWINIW -- DNI80H$ HJN381 N3SWI1 - 1'I -J 319VI is I. 0 5ov vo�5E t 55r �Gg �Lo o$$o � S v S°dy�««" - 0 O Tuu u O T 9 -.V L amd t O °N L v� flats..., u s�o vt 0$v'>°u u _LEOd n u> O m us'�uCLdup OL M Y.mVV .'QL (V'V �Vi C N 'a VUy^Q9'a r..o L «SLV L'�VVf°.y$ u ~V a V Y L .� O m V— G V V jl `Y1 m vm°�u Nvu€v x > U «m dmo>u.md„C L EdC�'ouCo LL a90t o a 11tc J) v u y Ou0 L6� m.H O9 mi Om 5°1 'O fl 0 iQ yl.w u E UmC.'' L. 61 ti:. eo y H° al .u�J ii0 ud9 �y G^ 9 u 54g'k° d: a �DddLL S y u DyvL�w5 >+nct5w py muci�d�vFl N MCL mCQay u pa g_w�L'.KA EF myo:: omo�oCRo Ty,'' ^^,j '��y✓ °�aK+o u.d"°.�5 E«�u Q.. o Jo cL d mU QcE.i."'. L L V B C m d '59t u61 a„ m0': R O`^Ni XGLua:OaLGOVO�. ,y m^�tlm oX�u y$,; N L. F'• E%' V •V..r Op) �NmF V�11 N G,�L V V °QVJ V44 Q VL V V VLm�� 'Vr' h«a i•� VS$ a 0v X L L L V B L .. •. V E yy Q m- VM I L ^ V O m O Et: m Y T V � N G Y:y Q V T V x O J O � b V $ v S°'^a"VaC« W• -S O° �O m,,cd cB?.,uLca E i3t mmmu ameYu ° m y..L.'myyu �5au1�80. Q u Q m m O^ D V ...S - i.N V ����' W oorv�NOY Vv>ti �' E.' Y•' VJe L 4m NX� Y V y `eS V •.a S EOFD N .+ �WON� ELQumQL QVI mD $ E Ou 0 E V YSSO6u uQ•.> Qom. C • a ^ G V^ C C T y m O 0 m 0 L 0 .. y 0 O ^JT u L L VC �L G L $ L y >r L$ °G°J .+ LO a > V Sm� y°„ I.VMO L VV {q V a V T$ L O u to d u L u F O d 1: " >yy d >V "yy .. D Y� F N YTuL rl 0 >4) O N � $E� N uY N y>�NM rl 0 Y` S Q ti S V E$ : � uC >c ^ :: ac ^ LS •mp v s m •..0 e.V v uTb O° — ��V° . JTVB m ...•TVq d M� We d^YV^1>t0 tl� yyuOd y�`ud a ytld Om y��^ud pyq O."m �tid V OL F cY( }q 9d w C'•.,3 ovmy o j;i sg o Cu"•X o C.e,�i°� Qyd5 �� i�� Code &� pG Dyy Y�mt pC D>m.C C D>O�Sm pCp D>WL pkp Dqy1 yrvL p�p D>gL [-I n pCp D>L yu�at. s G.4.o7 7 D �❑ a EaoQ < NC m- t Y•"NX m 9 x m m> v x xCxx X.XX x°o'I EL"4MQ Xs XX x5ox uL e'l O f mN mQOJN m.O^ OOV }{V' mQOIN m .,NbV.r ODJ a a'� S J a c' 3 ,3 3 9 E 39 O C 0 4- 6 a Y rt C C WN x u a. e- n a'•l •r J1 .11p..rs aq nem r,S..-aab 1Ja:vMTnaa Jo e:agmas paacaoe;nuu} *. ,Tsd C5d uey] Ssal l0u g3lLaais .uTpuaq X LIT^ 2uaTeATnbo rc rpn ",.... I 3WN 33S 02 H3AC ) now an a3"N OZ aas 0. aa5 9Y( S 2:X21 S (•;X01 C'X9 OIXB 0[X8 olxe 9 S' 01 an 1 a;cN aaS axN S: aa5 9X2 S 21Xii S OIX0! OIxs 0:X8 OIX9 once _ Cl. df. 9X2 5 2:X01 S 01X8 BX8 BX8 px9 9X9 9 CI 01 r. I aloN aa5 9%Z S ZIX21 S JIX01 0;X9 01X9 C:XB C'XB 01 01 01 d7 9X2 S 21X)1 5 '0IX9 axe 8X9 9X9 BX8 9 at 01 do 9X2 5 C:XO S 8X8 8X8 8X9 9X9 9X9 Y ° Cl an 13013 (1335)(Ni; %I JYds ails .133! 0h]JYdF I 31 dr. iI 01 do 01 an 9 01 jr 7 Cl.dd C37i) ONI:Yd5 Z aaoh aa5. :.333 ON:0YdS 1Y1NCX111JH 3'79YXC11Y ml1lxY} .N3n 1b3.5 z190H .. •_331) (d335) HJN3H1 50 413I HJ43H1 sa Hs 1Hda S3]YX9 SS08C £0 1.Srg.3N X1e3J (a 9:eyalns '=) 2] Jed ZL • H k Ofi • d 0 3dA:. 7105 . sLa]4ax1nb3N Y38}I. 4L7}INIW -- ?N:90HS HJN3LL 838}Il E': C 319Y1. Dcon Jo J pa2rlllsq'a 49 tea V]buaas auale,Tnba ;o saagwam aaJo elruek a* ad 059 uega seal Tne 47Spans $uTpLaq o 111a aua1eelnba ]0 Yeo paXT} a 2 .ON 935 JZ X3AO CZ 3I%8 JIXd OIXR 9%E L ZI%Z1 S J1xC' 01 Ac,*9j 01 9XG S ZIXC: S C:XB 8X9 9X8 2X9 at Si 9XE L 01X8 S 8X9 8X9 HX9 3}9 1 a:ON aaS $T 9%Z S '[%JI S 'X8 X9 2X9 01 0 d7 J1 9%2 S JIXGI 5 9%b 9X8 8X9 6%9 8X9 8 01 an 0. 9M2 S H%F S 9X9 8X9 9X9 99 9%9 9 01 jr 01 9XZ S OI%JI S 9X9 8X) 9X9 9X9 9X9 OI 0.: an S 01X8 i dX9 3X9 9%9 9X9 9X9 r1 01 d0 L cc L no S 9X9 9X9 919 9X" 'ix', 9 J1 dr. C Z 3501C (1333) +N Yd5 ' HI 'Nl) 3TIc (1335) +NI:VeS L1 01 d.] Z1 01 dr 6 01 d0 9 01 d0 (:335) 0N1JYd5 'ZIBG4 (133di XJ10 11931) ,N. y nN]JYdS 1VINGZIH.Ih 3:BV.: M1^/ :1.'011 XYN 1111.. 50 S1N::I X11 � Si.14Xe 5 Ftl.. B1d30 .y•n .J . l adauy: a^S 'al is lud Zf a N % L> - e B 3d Al 1105 r ` .43}9XTN36W:1 nM:NIN -- .W:ni15 p000u Xa94ll Z-1-3 31[YS Q u U d •POOP .101 papnh1lsgns aq dew ya8uaaas InaleA7nba 10 saagwaw painize)nueN rr '7sd OOSI ueyl ssal IDU g12ua118 Sulpuaq a y,Tn XualeA7nba 10 1T3 selenoa 1 310H 335 0Z 83AO 1 a00N aa5 9X9 S ZIYZI S 8%8 8X8 8Xe 8X8 8X9 01 0Z 01 an 9X9 S ZI%01 S B%8 axe 8X9 B%9 8X9 8 01 01 an 9X9 S One S 8x8 8%9 8%9 8%9 B%9 9 SI 01 do I RION aas 0IX7 9%f S Mot S axe axe axa 8x9 8%9 01 SI 01X9 9XC S oiX01 c axe BX8 8x9 8%9 8X9 OI do B 01 01%7 9%[ S B%8 S B%9 8X9 9X9 9X9 9X9 01 an 9 01 01 do a1ON BX7 S 01X8 f 8X9 9%9 9%9 9%7 9%7 a5 OI 01 8%7 8%f S BXB S 9X9 9%9 9X9 9X9 9X7 01 an 8 01 21x9 BX9 of in Z1x( S BX9 S 9%9 9%9 9%7 9%7 9%7 9 S 9 C 01 an Z 3501) (NI) (1334) 2 6 9(1334) (1334 9NIJYd5 3ZIS ONIJYdS 01 d0 Oianal d0 ONIJVdS 1VIN021tl0H 319VMOIIV NnNIXYH •183A '13A OS JO 017JO 0N13Yd5 (1334) -21HOH H0N381 (133,0 NJN3tl1 AC HlOlvs 40 rr SUMN 40 08IJYd5 CRY ISeS IZ75 111430 a (a8)agaan$ •I) Z) )sd Zt . H x S9 - d B 3d11 T705 • 51N7N381n 38 I38NI1 NrNININ -- 9NItl0HS HDN3tl1 B38NI1 Z'Z-J 31981 •pooh 30) po➢n1llsgns aq Xcw g3Iuarls IualcATnba )o slagwaw painvajnurH w isd OOSI ucya ssol Iou g08uuls 8uipuaq c 41Tn ]uoleAlnba 10 1T) s?IXnOO Oc 1310N 33S tl3A0 Z 1X9 9XC 7 ZIXB 7 9x9 8X9 9X9 9%9 9X9 Z1 01 d OZ 9x( 9 OI%8 7 8x9 91(9 9X9 9%9 9X9 01 Cl. ar 21X7 9%( 9 axe 9 ')X9 9X9 9%9 9%9 9%9 8 01 Oi an SI 9Xf 7 8X9 7 9X9 9x9 9X9 9X9 9X9 9 01 a 0(X9 9)17 1 01X8 7 9X9 9X9 9X9 9X9 9X9 ZI Oi a SI BX7 1 8X8 7 9X9 9X9 9X9 9%9 9X9 0I 01 dli 01 9X7 7 8X9 Y 9%9 9X9 9X9 9X7 9X7 8 01 do 01X9 p bum iuN p bay 5ON 7 9X9 9X9 9X7 7%7 9X7 9 0l 01 d0 9x9 7 8%8 7 9x9 9%9 9X7 9X9 9X9 01 ZidO 9%7 9 8X8 9 9X9 9X9 9X7 9X9 9%7 01 01 in 8X9 p baj u box 7 9X7 9X9 7X9 7X', 7X9 8 Di 01 an 9X7 p,hatl p,bfi 7 9X7 7X7 7%7 7%7 TON IuN 01 do 8 9 S 7 As0'IJ 4- VNI) 1:1:14 c6 9 7 (1334) ON l9V,IS 32IS ONlOVd 01 d0 01 .10 01 An 01 JO Oi an 9N10Yd5 (1334) 113;1 9NLJVd5 1VJN02IN011 3'INYMOIIV W1HIxVH 3N3A 1M3A '218011 U3) 1 ..A) tlNthj 40 ItSAIM SIHOIMdn Si IVt S4JVNn SSONJ 40 as . a9S12 IS 11430 1! (dleylnS ' U 2) Isd It . H X 52 - d V 34AI 110S • S1N3NMIn13tl NAHNII Niu4INI) -- UXIMUHS IUN3N1 311H11 I'i.- :11MV1 ^ m r' 5 d r' (� L .' '. G .' u r 1+'"' M D" Y L- N ¢' {. '•° ^ C d C r r r J "' u^ Y .• r r Y O m G L ' �• m m'"3,kL ° EE C C�. yu ea. u'p` .�� o �'C' y t"1.1 v 5 �:e+, Imp apcc Va �QQ O �y �6 yN`wW��.r ^.rD" G Oii Qy G 6000Y�D-+ m °y� y N�.1 ayi ety r �m Pyr1 ...� T Ory .s O >dd0 ^i D im IOSLd«0X,19t� d g °i5 $fig 8E�c9 yy sdb� ° mm « p m l �p..Y Y;.. �c — � U E, 0 !c m ° 0 36 ° of NL�@.F5. g° Fq� 5 Q mg'3 s d 7moa1s «m oym�35_> and T �m° L y�g m dam.' ~m m10C .1 ffi,% d a rah md!"rj15 qp� y3 EL3��ycody �s Eyay]� Es555�M3n.°18s�50 «5E X {`1E UN 'fy.ICs `rLT J�r•y �^~•Iw rUi�3 JHd0 app��� ym0Q = �SBCda LL D F«&my�vu gd �u E °Qwa d3 E'��cs°s9 oJ $5d�aoma�y r10 o '�o f'i �p a'L'5gg�a oEC"yo�SdaE« Tmm`os ds;S9$^u�'ppr 51,3 FsD E«c3�m@s@m«�3� 1 �« wm°3y-•tE� um .-. of c .1BB,.�Y@@o°gnE1°'T `°mm�mmms d�`'°du�n�>�'3EEmy L dd (ad sL D +%+«l" dEd W s °a«O BBD „� aa > ma Ey Z°.Cy d DLmd5 «« «• nmED df+L�a.a r'« Gi T� c'.y' cE Ciigq11 u n9GG 0sG n«R°�s\E _d_a "YY 3.. Gp E ddy u� O mu r D ��Y 2 MD N d L y b JN} %OTs7; d mdD E mOu GLS m B N W��OZ .. f'SI O:.E-EmO Ea Tq� ° ° ... ��Cyi Lm� 5m m d.lL�ma 9..❑� m Oa d y m clam �D TG.I d DD `D5 °^ d« m 3 L q d d UrD O m «QD_ ppaa �—yg8�1Lo'O p E � pa m'dP 3 a.uv}OSe'm4 ar,R Ee$U °.'O.I d y°r, ""v,•i .,° d�'E.. upyp ..5 p Oc, o L d.a 3 V a5 Q F -c fmWS T'. .. V5"r Lo"'•Lr'r'«LCGL .5 y.1�.�`NDt+ 9F{�nGC :aD2y od0^]ma J `•E rI SC'mOmtJDw['IGmm'Ia DrO r.N u0E"mOrura 17«««iuuJ��mm5Daumwi `u eSm C 5 5 �C581GeitE5 3`�.sa yc 0o v u.-. u 19 r d O FF L g�dc,g d° o�Da>w''WuL 9� 3 o "< U ;•• `o" c" 'nyK Ro ga 2 a X d �m 3 ag9D y L��5 '8 ..9 `dE��p$.:mo '� rac mrDag� da da Omc D v d c c d �6 Ji 'DX8�s«E,n°�1 �QIy�dCaO�y, u5 uE qE.., L = DIIa 8qh2 `o5 Ec.o aC1.I ,Ev�oL r'mf4 •1 sd c gd m6-�pp5"" �tly+o rF mEa���em� 9 s v oo a .. Yd CQsS QO.°CN vtmm5a N]or6 u 4.1 3wy«E� Cyf LL -C3 3 m� C f+Rl«EaN` ba ma r u �myr0 60 Y{5 c a a� gg3 0 8��3o JZ �ia taEP yy] 1 Vyyy yp C 5 r s — p C „ 111 �g B O 5e.l0 ofiL mseti S°m•0 Cs- C p b Et10 @o5yJ'V3E« pQ`°T'°° o dd m °gp'$ OQ oa C Q� « G✓ H G X m �' tl? p .] {m� d yy C B m 6 Y m mq'O °1 « a '1 a ' O•= .1<< ��1i� OC V« PY IYaYC�d° .3 '.°.c dC airaD 6e��'O'aD�yGO�_.° i.ma09ya4 p�w°D p aC y,«� Gaa�h� "'� �MaGN. O�"I GJCy+OCS�yma rO rm aX° °G a Ln TL. t,«�,iu F,5 r+a,>y'�Vy 4 �W t3 c3 vo�J-'m•"lo`OE `Okalsiy 8�iy�Fa5av,'v '�g��y� mp5�ey« I. t�y�omvSr��L'�8 r$.9 axi m'O9+ °L aOa0739q dGGNvaV E4l�WWCdOy�L.11'+.'$3aar-8''..Q(]y>aBan 9��$ gma^S ' O r9i O« e � m'a u w�95",..1 QiNN�D�vm'm�Rd�+9rB9cEVA�5� a L°Er5 ' u U. U I I 'poll, je; pa,I.il]Sa45 ]a ,rw .pSLO. luajr%;nta Jo siPgWaC Fa]r]]tlj11urN Ya lid Cy,l utll 96,11 tCJ y.9arjl5 XL•rLaa r 41i' laa:v6i,ba 1] ill 6v:8roa . 131CN 335 LI• — v — I ,111,1 al U: aaS I dlu6 U aal S 9 9X" :l%C; S r X9 ?:XP 9Xb ?%9 I 9X9 Cl. d- 'ly aa, 9%` S i%:1 5 =%9 H%A 9X1 a%9 9%H 9 I 01 dl C. i H.9 9Xy 979 9X9 9X9 Y 9X; O:XC J1 dl ].I aaG %i i iYll S 5Yh 1X9 9XL \X9 9X4 31 '1 Cl 6J '+Sl 5 S HXJ d%H 9X9 9VJ ..^.11;1 Cl 91E S 9X9 S 9X9 at9 4X1 9Y9 9X1 9 S C 1 •:' i tJ (.r3. 1 Ix JJ sl 4 " ,13{) (iV3V; R:JVJ5 4:IC :. NI. VS 1 1 Ci J: 01 d: Cl dl ql 1. y1cY :9 V 17311 'V.Jv¢5 :YlNC2Lth* 3'9Y ".: :;V Flhl%all y IN ;! 1h {•. X:1'.4 .+1 4 ! L'I M _{P S IM'a hdl a n L > l),, .. I✓ .\ 1 •. a. I: _l.a]Lt if t l"' •1 11 S' 1 .J Ills A. U�_ « . a1FN1„.i- ° I tw l: F16,y1F ' 'I' I1 .uh1 N•••kL n a a ^ 4 V Y a Y\ Ja a -W \ . e Y W e s. 1I y . U Y Ja .o f a N r >$I e J aY .rr•V ry- 1•. U z YY alp a O ul os oi3 -\ 6 W U -I F-. c rx ch L fi TF J LL e O J J J <O y Y _ o J u < < z e O f cc < :� a :;. E z . Q f • a m a '. U J Y < J J . a + W Je •o r y Y or a eu r U . • j a w yy e z Il a o J ` - ._ OV . e .•' o LL i - aq a �. n V. 0 e4 .1' U. LLTF J M tY a W >Y WW \ C NN.3d ' $'�C NL'y. �•Y.T y -�C•.1, - 'J P G d O V `I u •J -Op.. . ( O W u_OD M 6 Ep �° d ad, I.4 Y •+ _ C pUU v mV O �n M J L• W �] •' • « m m m V Y R c V m «� ��« d D a = cLX= '° ao t m o }} o v 4 {{�� qq E d CI - c .+ Y. % ♦. Cd by moNNN LOW 6 -ya=-9 fia.•J=iE - .c%• 0 n moz L «4v=� �9.°I >' - yC� % ^ 4tlJ 4= :i0 y. m —O= O ♦.Cs ', ,C dNGNr1 «= L °i� yOosyY�muu>.d.vuEaov'ba .44 Od c ae�°.d>.`I $ .. y >a Q ry' Lp \ M L XpL l.4i«m yd IyO0 C mcOE O dL. ^ L d K a° V>9°•;�=�.�S�'m�S`Tasym E.�yoyy r?rJJavnm°y�4�5>.r'�'os$c U u L V .X, �� C bsd E�H V�aD Ot J d1«V4=Q °q Jam �`•9m _pOG?�S NEi�i �9�8%� 00.c c 0 dy° OI.WWW— OA m G= N °y° V NX m9C��iOd E°a«O d = O O1. ,3d NL�m y m0 44 k.5d=N NyG>`__'� % __ y E "�'admA V ..O N• u ��-0 No��zC!V mod;_>d[�'�p;^2` "`o4;a�sL>"��`g>a�a g " g° e Gpp.N.VYlds.M.u-=Y3'5 O�GGo�I5-'O ^tea .. �.. «q "�.-.aS1Bg fl y >m« .°. j,13 C]>X �Y.L TL♦'d>.L"'l 0'J Ej4N^GT��� od-_onE un 5=nEun v 9`Ea $anE> V' 4 n4NTyd yN«dNI° «• 1 d 4Ld•WU Od �m O 914���dQco°9'.cf.�yodyyy� gam�soo .� 4 ��••T_ag 'may mp d� 4Cu°N Li J:>N y=Wym�5�VG fl .r.•« a .diW L^,�=•L+��n>�%=b0�.♦Vp%m,vmd.<N4drV=ta >«a NVPJd' MYb ZVVi O p d Y j. O s 4 n b4 _L 9 aL yy d 9 V �-WI Lm pn N 8 mt NyR }LV^L«v�JC 1i •Jv «y m'�PL 'p .0 5p9~Om°Q OLi ••«YV.X4GyL`na0�ma c.., mW�CSB Cv�v"' <a�4*5y 3 nF us5� .M<N 4SM 5�5v�d8S5g 3=--,apdd' "��9T4 oioF 'p'�Em4 E5 y yCo c%d oG� c Lp. .� C FION US� sais>aV 9L�yW�' � O� ay0�g°.>u my4 `P QE ms O a } C« F7 d•'.y %E♦4 ECL yr'I p •v 4. G'='IS _=U] « XeyLdt0q Q `• ,;.;544^puL OS4��y 9L CI.u"$42 "a< CJ 4r'O ♦' �.a .. vu '«• nN S' 4JO Nc«c.°'N aVAUCV 4 o y.1. LCmC i1ad.. yp °M ia; Q Q 9 'OM Ij.Fv L •0 da G d O O O. ��`owitlq��E�2ur^.5s c ix3cov 5 }! ««p°'ucm�y°yor..TT 1l��aJ♦J..F $ .}:8 g(�da�«yy 5�m.'Q ♦w.GWuI�eN PJu1.4).dLa$ N of%J^q�Cm�f.I�q«n�Wf+�`N•m4m968°'Y.�>♦—Oi�M a .. p.•<�� OIaN�u V'I GM gpE V��Ty PV ` �,�+m ��•°m ^ M '°�� L Y.4Vc .F- $33 > n M n ` p O N �n n (Z) (8) waIl Q X1paxdV aaS '(Z) a10,N ' ' Q (1) (3) wa11 Ic nipuxdV aaS (I) moN r8) wZ1I'(]>,Ip.IxdV w pu1oJ Oar 'SCuogs al;reipdq uo sou 1e:aaa8 pue 'salgrl CI sawulooj y ` : [ )310N OZ H3A0 I nz aLan ' S' S SI 91 H3AO (Z)31ON 1 113JANVIC H313:ti VIQ V211 .+;V:c SI ' HJVI £ HJVI Z HJV! Z t S'9 01 d1 01 83A0 c 1 E 01 8 01 d;l s S = H3AO ' e 2 (i3:3j) 6331( y SI o1 Z:Oi 0 do Zf H3AO df18H3AO 8 O1 do SNOWS DVI3VJS }{JN1 fH ' 'VJ11H3A 1V1NOZOH IH 10 � (J333r FiJV3H130 ILLOIM N:INIXVI4 WnIh IXVN }{id3Q N , e SURWI)LDDI fIVNOAH ' C e 0 9 3dA11IOS and I S3a011S'1VJ11a3A ONIa01ISJ1'1nVH0AH NnNINT1V O z'1-Q3":9Vi ;z) (8) wall'Q rpuaddV aaS :(Z) ZION (:) (8; wail'(] xlpuaddV aaS :(I)310N 18) wall'(] slpuaddv ui puno) am JJ.Cgs aL rrrp<q uc sahld lcaua8 pue'ea:gr; 01 falou:ooj I)3J ON I 0z 13A0 x V � U p I �z Ol d:l S: H0AO 1 I Z1 31ON • S 1 H31:31VV10 nL-INV10 a313NV1c Didl HJNI 4 HJti: i HJN: z t 8 01 Z13AO 0; ldf1 OS _ 9 a3A0 (y 1317 (1H3d) (nil) S. Ol Z{O1 Z:I Zl H3AO drl 8 a3AO 801d1 dl DNIJVdS ONIJVdS I{JN3H1 • 1VJI1H3A 1V1NO2[HOH Ij0 Ih:14'.IX VN NnVIXVV ki:.i30 CL333) HJN3Hl30 I CI:,% I I I sw1cti:1AJ J1"1(WRGAH n 6 Q V 3dA1'IIOS HOA SIHOIIS V1VJI1H3A p DVIHOIIS JIlfVHGAH N:ININn1V I'I' 0310V1 N n a d .0 2 N 0 C 0 z a C. V Y ri C 0 O W ri X .. .. -. am>�- -.a -.�- y'JYv.....yy.£Jll(Nld llnSCJJ• (Z) (8) wcll'a xlpuaddv ooS :(Z) saloN (1) (8) wilt 'a x puaddy aaS :() smoN (2) uus)'a xlpuaddv u) puno) am'8uuogs aiinupXg uo smolt ivuaua8 put'calgm of smowood (1)31ON 0Za3AO Ni E 09 NI £ 09 NIL 09 0'>l OZ — ZIxE o of do SI NIL 0'S NIL 0'S NIL 0S 0'L Ni £ S'E Z 3LON NIZ 5•£ NI Z 5'E S'£ 113A0 N1 E O's NI t 08 NI E 0'8 opt SI — ZINC t 01 do 0l NIL S'S NIL S'S NI{ 5'S 0L 113AO NI £ 0q Z 3.LON NIZ 00 NI Z 00 S'£ Ni £ 001 NI £ 001 NI £ 001 0,01 01 t Oldn S NIL S'9 (Z13LON NIZ S'9 NIZ S'9 0'L 113AO NI £ 09 {Z)310N NI Z 0'9 NIZ 09 cc NaL31NVla a3aN11AJ ONIJVd5 7laOH XTWVtQ 3QNttU ONIOYJS ZIaOH flL3plvla aaaNI1AJ ONDJVdS ZIlOH (1N1) (133d) (1330 Id £ .J Z (a31N3J NO) ONUVdszlvoH)CVw Snincow NOLLD3S ONIJVdS 'TVJLL HJN3a1 d0 H.Ld3a S1 QL do ZI i3AC ZI O1dn 8 a3AO S Ol do (1333) FoN3ai dO FLL01M 51HOOdll udewu Sa3GNI1AJ JnnvaaAH S3'1YM 334A.L1IOSVOd SW3.LSAS 831VM ONIaOHS 311nYd( AH WfNIWn1V P1 -C a 319v1 saiem 31grlmAr p) sninglw umuaC m) aaaw3u0 pagilrnh cn/pur amnl)r)nurw unpaid Ilnsuo) . O (81 wail •a xlpuaddV aaS :(Z) AWN (I) (8) wilt '0 xipuaddv aaS :(1) S3ION (3) walla xlpuaddv ut punol am'3uuog. agnup.(g uo smolt (waua3 put c3 qrl 01 salOul00J n) 3105 OZ a3AO NI f 06 NI 06 NI t 06 O'tl (1Z _ — Zix{ NI t O idfl 5i O'9Sl NI 09 NIC 09 0'L NI f a3AO 5'S la 3LON Nit S S NIZ SY i t Nil (1'01 NI C 001 NI UO1 Ott SI Ol an NI{ _! — ZINC NIL 0 H NR0x MR0'8 (FL OI 113AO 09 (i)NI 0'9 NIZ 09 S'f Z NI'c NI Uzi NI C 0 -ti Nit on ll'!1 01 do ZIx{ NIC NIL 06 (Z)3LON Nit ' 06Ol Nit 06 (IL t S a3AO O'A (Z 310N U8 Nit O"8 SY NIZ I3L3flVtQ ONIJvS f3L3}'VIC ONIJvdS a:ll9WV1 DNIJVdS (1N1) (133;) (1311) 1la3CNI1AJ 7OH is si£ 73Z 5101 do Z1113A0 a3aNI1A CC 'ZIaOti aNll.( 71x011 ONUVdS 1VJLLX HJN3a1 d0 fl Oldn8i3AO 801dn SOlfGOw NOLLJ3S I illdao (a31717J Not ONIJvds7laNlncvw LL3ad)tiJN3ai dO ILL01M S1HOladl EIIHLL Sa3GNfAJ Jllnva0A11 S3lVM O 3d.11'110S HOd st%:+.BAs a:1'IVM ONMolls JnnvHOAll WONIWn"1V C'I - a lluvi I c If C J \ M � < Z w p d V C C q .N u Q 9 U u u C Y o a 4th C mw O E -U w O O.L 01.b H E — r O •0 C C >` r O r. O N C Q O 0. J Y O N . TL =. E E o. w u.N o Ya Y my 0a. o eN.. N O m b C q 0'O N N " _o' Y C— M > L.N CL J•. 4 u V -J x._4 Y 0 W J My m •00 V u u L V . V . C •N > 4 •N J C q u ^ C 1.1 Y .N Nv V w ^ L Y C a u 9 9 O O Y N Y J Y N m Y O pN V o.0 M - v - 0 .V C w N Q' 4J C' V C V - Y 9 a C - a C L •N C O41 O C q -N q C > U.041 ^ % w d 9 0 •fl.- 01 ^ V C o. C a L m O .• u -N m u N m Y I. Y SN, V 9 V d b 4 MW -N V m C b i a •N -N N P .m m C' Y O V C Y u 4 m /' W ma O J C. - V a.,,, 01._U V Wp + "HI 4 C- 5 m .N I -'41 v J C d U2 U .N > W uu0 U ' x .. m x h.5e d� y Y C tic, v V W Y .C14 dl N O u .-1 C u..4 T 14 Is. w C m C O O U W ZO -w d P F'. H O Y h O E u 4,14 4 d N a O L Y W o Or 4 C O a u- N" 0 T N N9 q C .N E 0 E ld+ s > O W u9 qu C " CL r96ui N WI. -.>•J a F. U€. f Y q .N >d+ W G" an u[ d U 014 u 100.4) V U O •N 0. 'C 0. x d 1 0'S. W E E> W m m J 6 9 u .N Co o Y.V.Q I, i Y N • C W O u O S ,N 4 V u Jw',U y 4 -it'- z u. OLd C- d W Q bm U d 4Ci 0. y t 5 o m 4 d> - H uYi Is. Q < a.9oo d O U :d t4u V d• Ym r0 v0 .0 Y wY NO FM 0w -C..— I\ Y ` U M Y �� ° �./ J .� • — -- V C/ M1 Y r O L d R J •10 Om r+0 p .-W."J Gu^. T LVV wl.am am .. y-ta C.a— S{� GN da O� wm m0>d Ra r d pFI �E wO OL L�a.11.+ 6 p E.a7�U uQZ� RC^A d"m! Z'O Z.pA d`. w,walEu7U m T7 da.4"$0 d0� d m °C�y tFd 7N�y 0�3 O d�u A C •j ...+ '� d• e o wT ET E0o?oa-C3 4 d ZacsooAdd Sao Q C L m s �g d ` cV L -p mt',C �1.— �. m w w d �-. yytlt Sato V A O vd.a F �i •`�d .. V a O °L�`�0 Ct'S .O. uos��o70 ma 3 Oahu CC.Ai �'� -J: ' t'0a°iaU d0td >t.4A�daG O,JUm �.. w v 00 yp yC•IA CamdR T� Fdd00 U F ' gaOt.� E1"'T.•"..q Cpm Ou d 0.+��d d� O ° dy-`ddQ .°-'v KO5 d 7q C .CC A wi a�yt�0 y da'�. JN C�mA ].. —dd gdu.CK VV.C.a �x Coa CA Rm Ka '_0A.42 Bs uq 0.O Qm m� k1 UCd^•E�C� �O Y.�A 77A mar.m ,d,7 C9dm 00 OAN> LY ^ N(1,04,O 7 t mU-+O\+G w .. •r0L N0 ^ Odd�•00C 5 O N V O++p•Y .aX1:,w o5 Ji �' U Id Go U.+ �m C Q c {' .' d U w E T T.a Y G) m N Y d d O w G �• m td an d r} -c h w a L J tl T O 1py1 t' td U_ O N l+1 �I,Jos \-E d dE� '�,,,-1� 4. F`d.o� o N<l o ,m.+ S.�'0'°o mL w= �^am!- E—G'nAUFgGm ' o Iaa w A tE_+0U 0cyy D a ! I- ()O NNEa O�Ga'OOE 0. 6p mJJ w.0i 4a Waav UG O� o dQ 94vE0 ^��dd W dm..'wS mN ^ �0 U td.GyNyw �5 ad d\u.C dRNN daO O0.0d ON 0 EdwOu Ew a a > w o m —y ,p U VaU500 daEs E ZiZ a 4'n0 a( a d V C ] u12 9 L .!i tyt'�W iL p^ " yQ�•C�yN V�NG fl s v04 r-'Wdu r-'� V❑ a 3� yuWnm` d NOyOad d Y�U .a j° •0 .°a�u V yoL V �7G ctA Emv5 « + ° -""a .l. S C C Q E v •0 .' i L. q T O C O VdV m C m ,CF01. o2 %i 4 uu bN.1 R m 9 A O d 0 v L v-.\— r m5 —.r mq 0 0 0ov .A G1 I. O f CJ--�'mtm+ a G1� [-I 0 t.Lo 70r. d'cc wOta dd—q N.. u V l;a .. a .' .; C m :. 'C O .a G = q c o�Nm7 e G ace ooN a R°t` �� acm eCa— E'a �djA0 5 Naa CSC i W.`rX Yjd WV1n'yOd daF d-Cw i° .1dT O- KTId d ua ,-a .C O O � U.aa 2'n o G m m O E O D 0 0 0 L a ai N et oa�w`Im u0ia .Oa ,"d^a.�'.C°-° ROcj `���Jj Adwv ,v -,S G— NC E.°J •0w A ' o• w .r 5 P m F N .\. t. a 0 S p z;V ~ +a �mvyr v ms RCYEi 'O�y�G� adG Ccmi O dp 1,� W �mOy mq Im-a Y Ov ..w 7Cu 0%NCi �E E.V ZaOv OAm wr "�+ V E V d V qy E a N Vo`TY K.• m N .o y4.Cld�a w—ra `a -1 �NF0U m0 Ou U3 ..•••O`% J g p_.a-yto yVj d0alp— Ea u l«ao2 -`0� tY o� Kt.r l�r wN GUL»a 6 -a Mg vV 1'd QcAd C a <+ m w� d��8Yom5oGu"a Mac9advd °�w tioc� u mKc JR58 a lm �o oa a at F AE�da m m_ `d yy+yv5T0 ' aOO``�.C•I�UE tlm�m 0is CCa. VjINw FU L y 0 �a 5f G>� 0Y�.aO C OOTN.a N a mLa N d V C� L °nFotd?m u1C9 ga lj ��>-.II'a�CE oOFL„p w .,F=5d.pyc c �' mm :mN P� u« ^NOwGyvp�! Y6 .. Ey5 Oat. 11 waum �.CS >yI TR,d •d as + N QCO9CwtTt�FvNfS� n �yr�tdL��+N^!-rOaU�,pJw�LNIJil'lOu6I'0ia'Gl7�a"dC!+ tdR10EEd�°°O ' 0 «dO7mn� o Im aA.G Ew0.0 0>mmm q.-rnV a waE.+m .aivo uE°1«V da iyEcpi Gv;a 1 C O UI W 1 V 1 C H x > r a e ' •C - 3 F w❑ u m G V s r • a ;; C u c b F � :n 0 � G d O m + .w C M^ .. J m C d .-1 u V C U u V C Y T R d N •N m p. b ... b C 0 Ii P Y b OLD d W IE N 4 d m .r. ✓] � N ... ., w G C _ H I C b 11 9 N m .-I N m 9 C • Y — ^ ... .n d •O `. t O m : ] ..• % •° V V w y to U u C o. -'c Y N d m b •_s A 0 m O d ° .,.I -1 - C w C .+.. Z Y fi A - m • G. C L u C " V 3 u N 3 v �+ ... m — ^ -- I u > L s �. V .w w r m 931 S C 6 • V y° m .. 9 a N N d R O 4 m J Y m N O W K V V Q' n C U U O C U V O F - C w C C .. L V w O .. —0 .� Y L m+ d G b .w r1 J N u` O u u N u m G.•Vl C b •�' r M N .. u u N U 3. It u W n `b U d b .C II . u a V o .p m w O `° a w C C .. .t .O a au a `C vJ • .� m ] eN s N b m m N G• N C • - Wm u u lT 6v E` .� P Y u R _-ii,fl N N m O Fci 1 W a a II: a a ° '