Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
8-95 RESOLUTION
• RESOLUTION NO. 895 A RESOLUTION AWARDING BID NO. 94-102 IN THE E r AMOUNT OF $184,770.00, PLUS A 10% CONTINGENCY OF $18,477.00, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONSTRUCTION CONTRACT WITH TO FAYETTE TREE & TRENCH, INC. FOR THE PARK APARTMENTS WATER LINE REPLACEMENT PROJECT, AND APPROVAL OF A BUDGET ADJUSTMENT IN THE AMOUNT OF $203,247.00. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Council hereby awards Bid No. 94 102 in the amount of $184,770.00, plus a 10% contingency of $18,477.00, and authorizing the Mayor and City Clerk to execute a construction contract with Fayette Tree & Trench, Inc. for the Park Apartments Water Line Replacement Project. A copy of the bid tabulation and contract are attached hereto marked Exhibit "A" and made a part hereof. Section 2. The Council hereby approves a budget adjustment in the amount of $203,247.00 increasing Water Line Improvements, Acct. No. 4470 9470 5808 00, Project No. 94031 by decreasing Water Line Improvements, Acct. No. 4470 9470 5808 00, Project No. 95019 in the amount of $101,247.00 and Use of Fund Balance, Acct. No. 4470 0947 4999 99 in the amount of $102,000.00. A copy of the budget adjustment is attached hereto and made a part hereof. PASSED AND APPROVED this 17th day of January , 1995. ATTEST: `� By:. a .CLQ /�daX/f , Traci Paul, City Clerk _x�Y r• 3•azn. n APPROVED: s �• =w -7 "-=', St • • ed Hanna, Mayor City of Fayetteville, Arkansas Budget Adjustmlent Form Budget Year 1995 Department: Sales Tax Construction Fund Division: Program: Date Requested January 17, 1995 Adjustment # Project or Item Requested: Funding is requested for Park Apartments Water Line Replacement Project. Projec or Item Deleted: The proposed funding for this project is from 1994 Water Line Replacement — Rolling Hills and reallocation of 1995 funding of Wedington Road Water/Sewer Relocation Project. Justification of this Increase: The existing water line at Park Lake Apartment has extensive damage due to corrosion and is experiencing numerous water leaks due the damage. Justification of this Decrease: The Rolling Hills Water Line Replacement Project was moved to 1995 during 1995-1999 Capital Improvement Program process. 1994 funding for Rolling Hills Water Line Replacement Project reverted to fund balance at December 31, 1994. The highway department has postponed the Wedington Road widening project. Increase Account Name Amount Account Number Project Number Water Line Improvements Account Name Water Line Improvements 203,247 4470 9470 5808 00 94031 Amount Decrease Account Number Project Number 101,247 4470 9470 5808 00 95019 Use of Fund Balance 102,000 4470 0947 4999 99 Approval Signatures Reque ed B Departmen Dire—or Admin./fe ector /r1J//� May r is -01-9- 9,/ 12 - -94 3JANgC Budget Office Use Only Type: A BCD OF Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy CONTRACT I .l THIS AGREEMENT, made and entered into the 2fl ay of, A . 1956 by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and of the City of , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS, the Owner has called for bids for Park Apartments -Water Line Replacements, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and t t WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor is the lowest and best qualified bidder for the construction of said Improvements; Park Apartments - Water Line Replacements. NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Bid Number 94-102, including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum thus being ore huv,drr-4"r — ioi soh d Seych hu,ndvact seye &&_`t dollars ($ I&4-,11 Oeo0), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within seventy-five(75)consecutive calendar days. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. As soon as is practicable after the first of each calendar month, and in accordance with the Contract O Specifications, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The Engineer shall then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, it any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of o progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the 1 (t 0 O I i:©1 contract win the time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of .a.e hundred dollars ($200.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty in fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work, after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. • If the Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable € : ' . time as the Engineer may decide. •No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the case of a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for anywork theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contract of Contractor; and in that event, should be surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the sur':ty hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Firm Name Witnesses' *If corporation, secretary should attest. Attest: o Traci Paul, City Clerk End of Contract. o C Y OF FAYETTEVILLE, ARKANSAS Fred Hanna, Mayor O 2 01 bit6irai) Qv? • MICROFILMED. DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS FOR WATER SYSTEM IMPROVEMENTS PARK APARTMENTS - WATER LINE REPLACEMENTS BID NO. 94-102 CITY OF FAYETTEVILLE, ARKANSAS DECEMBER, 1994 ENGINEERING DIVISION OFFICE OF THE CITY ENGINEER 1 .1 -1 i 1 1 1 1 1 1 .1 1 1 1 1 �1 TABLE OF CONTENTS tem pages Advertisement for bids 1 Instructions to bidders 1-9 State Wage Determination 1-3 Bid Proposal 1-6 Contract Agreement 1-2 Performance Bond 1-2 Payment Bond 1-2 General Conditions 1-42 Supplement to the General Conditions 1-9 Detailed Technical Specifications Section 100 Section 110 General Project requirements Measurement and Payment Section 140 Schedules/Progress Meetings & Public Notice Section 150 Partial Payment Estimate for Construction Section 300 Crushed Stone Base Course Section 310 Pipe Bedding Material Section 400 Section 401 Section 411 Section Section Clearing Rights of Way, Cut & Repair Fence Surface Removal Pipe foir Water Line - General 412 Polyvinyl Chloride (PVC) Pipe & Fittings. 413 Polyethylene Encasement Section 450 Section 461 Gate Valves and Butterfly Valves 1-8 1-2 1 1 1-2 1 1-2 1-3 1-7 1-6 1 1-4 Placing Pipe Protection cover and compacted Backfill 1-3 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 Section 462 Flushing, Hydrostatic Testing, Disinfection 1-3 Section 487 Pipeline Cleanup and Seeding 1-3 Section 472 Fire Hydrants 1-3 Section 475 Blow -Off Assembly 1-2 Section 491 City Street Crossing 1-2 Section 495 Driving Surface Repair 1-3 Srction 502 Concrete 1-2 Section Standard Details 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ADVERTISEMENT FOR BIDS Water System Improvements • . Park Apartments - Water Line Replacements Bid Number 94-102 City of Fayetteville, Arkansas Sealed bids for the construction of Park Apartments • Water Line Replacements will be received by the City of Fayetteville, Arkansas, at the Purchasing Office, Room 306, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 11:30 a.m. local time on December 28 1994 and then at said office publicly opened and read aloud. The proposed Work generally consists of replacement of approximately 3570 I.f. of 8", 515 I.f. of 6", and 250 I.f. of 4" existing water mains. Also re -connection of 7 fire hydrant, and approximately 135 service lines. The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond,'Performance Bond, Drawings, Specifications, and Addenda, may be examined and obtained at the City of Fayetteville Engineering Office, Room 004, City Administration Building, 113 West Mountain, Fayetteville, AR. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions to Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole bid. Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of- attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications, and such bid sheets ;;hall not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the lower left side of the bid envelope shall be the following information: The Bid number, The project name/title, the date of the bid opening, the time of the bid opening and the bidding contractors name and license number. All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. No bidder may withdraw his bid within sixty (60) days after the actual date of the bid opening. The City of Fayetteville reserves the right to reject any and all bids, and to waive any formalities as deemed to be in the best interest of the City of Fayetteville. To: NWA Times Please publish on 12/14/94 and 12/21/94 P.O. # 41901 1 INSTRUCTIONS FOR BIDDERS: 1. Defined Terms. Terms used in these Instructions to Bidders which are defined in the Standard General 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 sub -bidder who submits a bid to a Bidder. The term "Successful Bidder" shall mean the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Proposal Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to the receipt of Bids). 2. Copies of the Bidding Documents. Complete sets of the Bidding Documents in the number and amount, in any, stated in the Advertisement to Invitation to Bid may be obtained 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 or misunderstandings resulting from the use of incomplete sets of Bidding Documents. Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Oualifications of Bidders. When included with, and made a part of the Bid Proposal, the Bidder must submit a completed "Statement of Bidder's Qualifications" as part of the Bid Proposal. The "Statement of Bidder's Qualifications" is required to demonstrate qualifications to perform the Work and will be used in evaluating all bids as a basis for award 4. Examination of Contract Documents and Site. 4.1. It is the responsibility Of each Bidder before submitting a Bid, to : (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local and specific conditions which may affect cost, progress, safety, performance or furnishing of the Work, (c) 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 Engineer of any and all conflicts, errors or discrepancies in the Contract Documents. 4.2 Information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to the Owner and Engineer by owners of such Underground Facilities or others, and Owner nor Engineer does not assume responsibility 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 appear in 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 to the physical conditions of the surface and subsurface at, or contiguous to the site or other wise which may affect cost, progress, safety, performance or furnishing of the Work and which the Bidder deems necessary to determine the Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of 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 for 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 be performed, rights-of-way and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary facilities or storage of 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 themselves of the accuracy to the estimated quantities in the Bid schedule by examination of the site and a review of the drawings and specifications including any Addenda. After bids have been 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 of a Bid will constitute an irrevocable representation by Bidder that Bidder has complied with every provision and requirement of this paragraph 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing the Work. 5. Interpretations and Addenda. All questions about 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 by the Owner or Engineer, will be issued by 2 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 this specific project is Sid Norbash, City Engineering Office, (501) 575-8206. 6. Bid security. Each Bid must be accompanied amount od five percent (5%) form of.a certified or bank is prescribed and included) General by Bid security made payable to the Owner in an of the Bidder's. total maximum bid price and in the check or a Bid Bond (oh form attached, if a form issued by a surety meeting the requirements of the and Supplementary Conditions. The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom 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 or the 61st day after the Bid opening, whereupon the Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within 10 days of Bid opening. 7. Contract Time. The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (The Contract Time) are as set forth in the Bid Proposal, Contract Agreement and Technical Specification 100 - General' Project Requirements. 8. Liquidated Damages. Provisions for liquidated damages, if any, are set forth in the.Bid Proposal and/or the Contract Agreement. 9. Substitute or "Or -equal" items. The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Substitute or "or - equal" 'items of materials or equipment, unless it is specified that no substitute will be allowed, may be furnished or used by the Contractor if acceptable to the Engineer. Application for acceptance for possible substitute or "or -equal" items will not be considered by the Engineer until 3 • after the effective date of the Contract Agreement. The procedure for submission of any such application is set forth in Article 6.7 of the General Conditions and any associated Supplementary Conditions. 10. Subcontractors. suppliers and others. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner 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 Documents. The approval of each subcontract by the Owner will in no 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 Proposal Form. 11.1 All bids must be made on the required Bid Proposal form contained in the Bidding Documents. Additional copies may be requested from the Engineer. 11.2 All blank spaces for Bid prices must be filled in, in ink or type written, and the Bid form must be fully completed and executed when submitted. Only one (1) copy of the Bid form is required. 11.3 Bids by corporations must be executed in the corporate name by the president or vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must also be shown below the signature. 11.5 All names must be typed or clearly printed in ink below the signature. 11.6. The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which must be filled in on the Bid form). 11.7. The address and telephone number for communications regarding the Bid must be shown. 12. Submission of Bids. Bids shall be submitted at the time and place indicated int eh Advertisement or Invitation to 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 bid opening, bidding contractor's name and license number. The Bid shall be accompanied with the Bid Security and other required forms and documents. 4 • If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate sealed envelope wit the notation "Bid Enclosed" on the face of the outer envelope. THE BID PROPOSAL FORM SHALL NOT BE REMOVED FROM THE BOUND SPECIFICATIONS AND CONTRACT DOCUMENTS. 13. Modification and Withdrawal of Bids Bids may be withdrawn or modified by an appropriate duly executed document (in the manner that a Bid must be executed) and delivered to the place.where Bids are to be submitted at anv time prior to the opening of 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 is a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder shall be disqualified from further Bidding on the Work provided under the Contract Documents. 14. Opening of Bids. 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 to remain subject to acceptance. All Bids shall remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, at its sole discretion, release any Bid and return the Bid security prior to 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 60 days, with no changes in the Bid Proposal or Contract Documents. • 16. Award of Contract. 16.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time or changes 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 thebest interest of the Project or Owner to make award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability, or of doubtful past performance, or falls to meet any other pertinent standard or criteria 5 established by the Owner. Discrepancies in the multiplication of units of Work and unit prices will be resolved in the favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating the Bids, Owner will consider the qualifications of Bidders, whether or not Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Proposal Form or prior to Notice of Award. 16.3 Owner may consider the qualifications and experience of the subcontractors, suppliers and other persons and organizations proposed for those portions of the Work as to which the identity of subcontractors, suppliers and other persons and organizations must be submitted as provided 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 to be submitted prior to the Notice of Award. 16.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability if Bidders, proposed subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible, 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 60 days after the date of the Bid opening. If deemed necessary by the Owner, the Owner and the apparent Successful Bidder may enter negotiations to extend the time of acceptance beyond the 60 days, with no changes in the Bid Proposal or Contract Documents. 17. Contract Security. Article 5 of the General Conditons, and the associated Supplementary Conditions set forth the Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. 18. Signing of Agreement. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other 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 and insurance certificates. Upon City Council's approval of the contract, Within ten (10) days thereafter Owner shall deliver one fully signed and 6 executed copy of the contract to Contractor. 19. Compliance with State Licensing Law. Contractors must be licensed in accordance with the requirements of ACT 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidder who submit Bids in excess of $20,000.00 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. 20. Labor Laws. The Contractor shall abide by all Federal, State and Local Laws and Regulations governing labor. The Contractor shall further agree to hold 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. Wages and Labor. 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 shall make use of local common and/or skilled labor as is practical. The Contractor and each subcontractor, where the amount exceeds $75,000.00 shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Arkansas Stat. 14-630). The provisions are summarized below. The Contractor and Subcontractor. shall: 1) pay the minimum prevailing wage rates for each craft or type of workman and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor, 2) post the scale of wages in a prominent and easily accessible place at the site of the Work, 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which records shall be open at all reasonable hours to the inspection 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 immediately following the Instructions to Bidders. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or subcontractor has been, or is being paid a rate of wages less that the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate the Contractor's right to proceed with the Work or such part of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any costs occasioned thereby. 22. Compliance with Act 125. Arkansas Acts of 1965. The attention of Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for the payment of certain taxes on materials and equipment brought into the State. It further provides for methods of collecting such taxes. All provisions of Act 125, Arkansas Acts of 1965 shall be complied with under this Contract. 23. Withholding State Income Taxes. The Contractor shall deduct and withhold Arkansas income taxes, as required by Arkansas law, from wages paid employees, whether such employees are residents or nonresidents of Arkansas. 24. Compliance with Rules and Regulations for the Enforcement and Administration of Act 162, Arkansas Acts of 1987. The attention of all nonresident Bidders is called to the provisions of Act 162, Arkansas Acts of 1987. This act provides for nonresident Contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Dept. of Finance and Administration, P.O.Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under contract within the State of Arkansas. 25. Subcontractors Bonds - Act 190. Arkansas Acts of 1993. The attention of Bidders is called to the provisions of Act 190, 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 $50,000.00. 26. Excavation Safety. The attention all Bidders is called to the requirements of Act 291, Arkansas 8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • Acts of 1993 - Excavation and Trench Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation 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 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. A copy of the OSHA regulations is included in this set of specifications as Appendix A. End of the Instructions to Bidders 9 Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: July 7, 1994 PROJECT: 36 -Inch Water Main Fayetteville, Arkansas CLASSIFICATION Bricklayer/Stonemason Carpenter Concrete Finisher/Cement Mason Electrician Laborer Mechanic Pipelayer Power Equipment Operators: Group II Group III Group IV DETERMINATION #: 94-003 COUNTY: Washington EXPIRATION DATE: 01-07-94 SURVEY #: AH05 BASIC HOURLY RATE 7.20 7.20 8.00 12.00 6.75 6.90 7.00 8.95 8.70 8.10 Welders --receive rate prescribed for craft performing operation to which welding is incidental. FRINGE BENEFITS .46 CERTIFIED JULY 1, 1994 1 1 fr 1 Det. # O°3 Page f of a Power Equipment Operators Group II Operators engaged in operating the following equipment or performing work relative to the engineer's jurisdiction: Hydraulic cranes, cherry pickers, backhoes, and derricks with a lifting capacity less than 50 tons, as specified by the manufacturer, backhoes, tractor or truck type, overhead & traveling cranes, or tractors with swinging boom attachments, gradealls above equipment irrespective of motive power, leverman (engineer), hydraulic or bucket dredges, irrespective of size. Group III Heavy Equipment Operators. Operators engaged in operating the following equipment: bulldozers, front end loaders, sidebooms, skytracks, push tractors, pull scrapers, motor graders, trenching machines, regardless of size or motive power, backfillers, central mixing plants, 10S and larger, finishing machines, boiler fireman high or low pressure, asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, rotary, cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator. Group IV Light Equipment Operators. Operators engaged in operating the following equipment: Oilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, forklifts, rollers of types and pull tractors, regardless of size, elevator operators inside and outside when used for carrying workmen from floor to floor and handling building material, Lad-A-Vator, conveyor, batch plant, and mortar or concrete mixers, below 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, oiler, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. 1 (z) u `%-r b, ti h' Ix tnO yb. •t4 bil tcbi N „t rC t7 IL:::,:. -P-8: N Pbf$3. 3431 it yam: ti 111bt4 1 r'O CD M rt F•• rt a tr 0 0 rt 0 rt O • zo4oesquoogns Mechanical subcontract Electrical subcontractor m (D m n a 0 rt tart- 0.) 0 rt 0 a H co 1 11 0 0 N CD CD ti .C1 waxm- F+. 1-0t3 to Fs 9 HH(p N M C Fh rt tD to c1:1ct 0 N crF• mm°bI-ioft N 0 (0 N E ctN aD i rty brt rt 0 • () aD Yu. F -d - et • ▪ F,- a to >r • .DOtntQrt N • mmaa tok.byrt C00H•bE b O rtt V.h (D '' N � (DhOfDC rnrnb a� rt c t7• H fD rt 0 ti.H a 0 q 0 H Vai 0 x.ei �` H • y'oaao to Fn0 0 N .•. ta-L.,.DJ a a AOi �1 y W CrtrtbE ts- • N • O ato I-4. tiam • H to M- a C) C H O• m CD 010 DI Nayti C M d Ca N 0 F+• CD rt rt Nhabhh LL iC rt (D tD to rt 0 m CDD tr O M rt Fs N a 1:30J CI 2 M it et rt M• W h Ali O Ch 0 to 0 ,J F+•ID tF•hOAl 0 rrt tr (D(D 1 E t(D 0 bb•• y00h e CD ' t ° t a, 0 m r O ‘Sri ft E m N L..) Xr�r 0 hM hm tn C 171w N `< (D H. H. rt • rt 00 m rt < O FL c EL n 0- c rt SESUE)1Iy STATEMENT OF INTENT TO PAY PREVAILING WAGES 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BID PROPOSAL Place Fayetteville, Arkansas December 28, 1994 Date d9.acr,,, . f, wit Proposal of .fin die,. inn 4 oZ,.etrt, LQ.,.c,, a corporation organized and e !sting under the laws of the State of aP .,aAo- a partnership consisting of ; •an individual trading as To: City of Fayetteville City Administration Building 113 West Mountain Fayetteville, AR 72701 The undersigned hereby proposes to perform all work and furnish all materials required to be furnished for the construction of the Water System Improvements, Bid no. 94-102, replacement of existing water mains & service line re -connections, in accordance with the following bid schedule, plan drawings as shown, and the project specifications, for the b a sic lump s u m o f /s -,e. Alto,CL,,t f l4{�/ X 4-444,0, Lacaa,nIX s Dm - d F and ie " 4440ntJ 0• In& . - vv°Dollars($1Sq-1 T1o. 00 'Y.&4!tz L IOM It is understood that the lump sum proposals, in addition to all other work includes all variable quantities listed in the proposal in the amounts so listed. The variable quantities given in the proposal are for the purpose of comparing bids only, and the basic lump sum proposal will be adjusted in the final settlement for variation in the quantities at the prices indicated on the bid schedule. Bidders must bid the schedule in its entirety including all items, The City of Fayetteville reserves to right to reject any and all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. 1 • BASE BID UNIT PRICE SCHEDULE FOR PARK APARTMENTS WATER LINE REPLACENETS Item Estimated Quantity No. and Description Unit Price Extended 1. 3570 L.F. 8" P.V.C., C-900, Class 200, Dollars complete in place $ 2. 515 L.F. 6" P.V.C., C-900, Class 200, Dollars complete in place $ 3 8 each 8" gate valve with box complete in place 2. 2 each 8"x8" tapping 4 Dollars sleeve and tapping valve Dollars complete in place $ 5. 2 each 6" gate val e with box, complete n Dollars place $ 6. 8 each install fire hydrant, co place 1 e in Dollars 7. 7 each remove top part of existing fire hydrants Dollars and deliver to the Op. Center. 8. 4500 lbs D.I. Fittings complete in place Dollars 9. 75 s.Y. concrete street repair, per details Dollars $___ 10. 200 S.Y. sidewalk repair, per details Dollars $---------------- - 11. 50 S.Y. asphalt street repair, per details Dollars E ----------------------------------------------------------------- 12. 250,L.F. 4" PVC pres ur class 200, C900 comp et Dollars in place $ $ -------------------------- ------------------------------------- 13. 50 L.F. replace sta rd • concrete curb dnd gut er Dollars $$ 14. L.S. switch over existing services to e n w main, Dollars per standard ai s $ $ 15. 1 C.Y solid rock excavation Dollars TOTAL Wor Numbers $ I I Ii I I I I The undersigned hereby declares: That he has examined the Plans and the Specifications with the related documents and the site of the proposed work and being familiar with all. conditions surrounding construction of the proposed project, including availability of material and labor, hereby proposes to furnish all equipment, labor, material, plant and supplies, within the time set forth herein and at the prices stated above. These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this proposal is a part. The undersigned further agrees, if awarded the contract, the Contractor shall begin work within ten (10) calendar days from a Notice to Proceed and will fully complete all work within seventy-five (75) consecutive calendar days after the date of the Notice to Proceed. Should the Contractor fail to complete the work within the stated time, he shall pay the Owner as fixed, agreed, and liquidated damages $200.00 per day for each consecutive calendar day of delay until the work is completed or accepted. The undersigned submits the following subcontractors for use if the contract is awarded. The owner shall have the authority to reject the use of any subcontractor. [i Subcontractors IName Address Contractor's license no. 11 I I I C I 1 I The undersigned acknowledges the receipt of the following Addendum: For changing quantities of work items from those indicated by the contract Documents, upon written instructions from the Engineer, the above unit prices as given in the proposal shall prevail. The above unit prices shall include all labor, materials, plant, bailing, shoring, overhead, profit, insurance, bonds, etc., as necessary to cover the finished work of the various kinds called for. The bidder understands that the City of Fayetteville reserves the right to reject any or all bids and waive any formalities as deemed in the best interest of the City of Fayetteville. The bidder does agree that this bid shall be good and may not be withdrawn for a period of 60 days after the scheduled closing time for receipt of bids. r 1 Further the undersigned agrees to fully and completely submit the detailed "STAT EMENT OF BIDDER'S QUALIFICATIONS" as found on the page immediately following the proposal. The undersigned agrees that failure to complete and/or provide the ' "STATEMENT OF BIDDER'S QUALIFICATIONS" shall be cause for the Owner and/or Engineer to consider the bid nonresponsive and to reject such bid. I %PJ2 j by Titles t1 Rte, /3b)f*1 v,CJthsa h27ea?-a'gfl Business Address Telephone coo Arkansas ' License Number ' STATEMENT OF BIDDER'S QUALIFICATIONS L I I All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate sheets and then attached to this statement. The Bidder may submit any additional information that he desires. 1. Name of Bidder. a a� L,c,. 2. Permanent main offi a address and telephone number. Vie: oaf *'1I 3. When organized. P4 r971 4. If a corporation, where incorporated. t2da-o- 5. Contractor's License number. &o L io 7qg- 6. How many years have you been engaged in the contracting business under your present firm or trade name? %a lte S I I I 7. Contracts on hand. (Schedule these, showing the amount of each contract and the a propriate anticipated dates of completions, aV a point of contact for references.) taw t r 2��` 7o I 8. Have you ever ailed to comp)eany or awarded to °~ 49 9 - 3c 9. Have you ever defaulted on a contract?mff so, where and why? "°" i6,,gq$ 10. Experience in construction similar in size and sco a to this project, along with the owners and engineers. "" "`e�P ���� os � project 9 in a4eCa �o-c< Y� 1 11. List of major equipment available for this contract. 12. Will you, upon request, fill out a detailed financial statement, including credit worthiness, and furnish any other information that may be required by the Owner? 1 Yes No. Dated at this rday of 0 �z r, 197 �- 1 + Name of Organization:�d 1 by ti( Title ZI 1'4 State of ____ 1 County of wa,cLrw1ttn& 1 E'itssq. bJotfeaau� gc-2 being duly Faysworn deposes and says that he (she) is the of e. 'e. Tama ly'a.ac(..It-Contractor(s), and 1 that answers to the foregoing questions and all statements therein contained are true and correct. 1 Subscribed and sworn before me this 2gtday of 1 c. 19 g�f-. s M 4 1 Notary Public �. .�. My commission expires t- S— 0'f (seal) `nth. V4 Li CI 1 I American States Insurance Company INDIANAPOLIS, INDIANA Bid Bond Know all Men by these Presents That we, FAYETTE TREE & TRENCH, INC P.O. BOX 471 of + FAYETTEVIL E� AR 72702 (hereinafter called the Principal), s Principal,-and'AMERICANSTATES INSURANCE COMPANYhereinafter called the Surety), as Surety, are held and firmly bound unfo CTTY OF FAYFTTFVTTTE WATER & SEWER D ARTM NT FAYFTTF.VTTLE, AR 72701 (hereinafter called the Obligee) in the penal sum of 57 OF AM0IINT BID Dollars ($ 5°L OF Bin A%Tor the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Y ' WHEREAS, the Principal has submitted a bid for PARK APARTMENTS WATERLINE REPLACEMENT JOB #94-102 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another_party_toperform the Work covered by said bid,..thenthis-obligation shall -be -null -and void,-otherwisey ,. to remain in full force and effect. Signed and Sealed this 28TH day of DECEMBER 19 94 , FAYETTE TREE & TRENCH, INC, y-�-Principal £4)_ta) By: y� �`Ip„`4" G� - itness�f Vih AME CANS EZANCE COMPANY 2 uaN (2?L: By � Witness � Attorney in -Fact' K VTr''"R 9-1027 _t% (10-89) t , . Yis•t •.__t____c:_ _.r GENERAL POWER OF ATTORNEY A(JIERICAN STATES 4INSURANCE American States Insurance Company Aa,SUNCOLNNA1I(MCORPORA11ON INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing under the laws of the State IC? Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint -------------------------- ROB E I. 1 M. RENNER OR KEVIN RENNER--------- --- of Fayetteville and State of Arkansas its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO! 100 ($2,500,000.00) DOLLARS ----------- and to bind the Corporation thereby as fully and to the same extent as if such bonds were"signed by the President, sealed with the common seal of the Corporation ...4 and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of the American States Insurance Company, which reads as follows: "The Chairman, the President or any Vice -President (including any Executive'Vice-President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation, to appoint Attorneys -in -fact as the business of the Corporation may require and to authorize any such,person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" �.w IN WITNESS WHEREOF, American States Insurance Company has ca caused these presents to be signed by its Second Vice -President, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this -- -29th day of August A.D. 19__94 ` AMERIICANSTATES INSURANCE COMPANY ATTEST: Assistant Vice -President -7,- econd ce�resident s Bey I h.E 4q' STATE OF INDIANA c.. t(4ff COUNTY OF MARION J SS - i e On this 29th day of F - '-August A.D., 19_94 before me personally came !Joseph F.`Heitit to me known, who being by me duly sworn, acknowledged the execution of the -above instrument and did depose and say; that he is a Second Vice -President of American States Insurance Company; that hekhows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim -t-further said' that he is acquainted with John J . Rosich and knows him to be the Assistant Vice -President of said Corporation; and that he executed the above instrument. I> I/ ` e MARCO L. THAYER, .NOTARY PUBLIC'. H EN DRICKS COUNTY, -STATE OFINDIANA otary ublic MY COMMISSION, EXPIRES: 12(3(96? PPe °o STATE OF INDIANA z yspl n COUNTY OF MARION}' SS _ 'h��oNNi a�MNP - l -°� John J'1 fkosich , the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." .1 In witness whereof, I have hereunto set my hand and affixed the seal. of said Corporation, this day oy'``} A.D., 19 , - �l�G .451N84e J1G Assistant THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MARGIN'R BEOF`IN RED INK, WITH A RED DIAGONAL IMPRINT - AMERICAN STATES INSURANCE - PRESENT IN ITS ENTIRETY. IF 9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 317-262-6262 OR (2-92) WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. .. ,L YiVi. .1 H I I I Li H ADDENDA NO. 1 FOR PARK APARTMENTS WATER LINE REPLACEMENTS ITEM NO. 1 BID SCHEDULE: Item Estimated Quantity Unit Extended No. and Description Price 1. 3570 L.F. 8" P.V.C. , Je„ _�oo d9J#2� 4 V1e-& ,. C-900, Class 200, - Dollars complete in place $/7.00 $gn,6e --------------- 2. 515 L.F. 6" P.V.C C-900, Class 200, complete in place 3. 8 each 8" gate valve with box complete in ---place Dollars $ i& $ S, 497,. 0 it cL,a /-„t.. —tS�9c 0Di R 1 Y e C¢. Dollars ----$--- 00 ----------$ 3�G16, nn ------ 2 . 2 each 8"x8" tapping _/-�n�, nrL e�-_ __Q2w 4 i7o Cr sleeve and tapping valve, Dollars complete in place $1.C2Sa. 06 _ Sen. Q6 ------------------- 5. 2 each 6" gate valve m -_ 1� r�ory. ��,L_�S 4&64„a, # ` 1 Co niC with box, complete in Dollars ---place $. /o,oe ----------------------- 6. 8 each install new !9 - 1<ti2*.. -LcLicuJQth44LJWcZl,Ld �laG fire hydrant, complete in Dollars place $[j4 -7S, 00 $I/ ' oo d6 ---------------------------------------------------------------- 7. 8. 7 each remove top part + 'h of existing fire hydrants Dollars and deliver to the Op. Center $goo, $14460,06 --------------------------------------------- 4500 lbs D.I. Fittings rZLee, .�elcna. i _ complete in place Dollars $x,80 $ /00, Do -J I.. 1 1 I. ■ !I® i 9. 75 soya concrete street repair, per details Dollars L $b5,06 $p,$tia,hb -- • 10. 200 S.Y. sidewalk repair,;' �..o_ • per details Doll I I$, d.b06D � $oo 11. 50 S.Y. asphalt street I_SJ�nL repair, per -details ,. Doll rs •$b5,ne $3 n6 12. 500 L.F. 4" PVC .pressure.. �daz �a�.P�A� d L1,044 t class 200, C900 complete i Do lars r y in place $5,3o• '$ _05 O5 13. 50 L.F. replace standard ;Q ,n11�/1 o dr�m • concrete curb and gutter.; Dollars -r ^ IV 14. L.S. switch over existing lf�-L;L w4and .o - .� oQ- La-- ad t&nt services to the new main, D1 ars per standard details $__ 307.3'3 ;$ 3a 7.33 15. 1 C.? solid rock/g„�- r er� n..L_t¢ A bOK.nn F Y10Co excavation I, Dollars I 16. L.S. trench safety ! •Dollars I 17. 5 each 4" gate valve Mu LrV.— A,.;,Z �4QR ll�Co,: with boxcomplete; in- tDollars i. place $3�0 ba $ h4hbb, O6 ` .' -------------------------- -==------------------------------- TOTAL lYx+' - •t aC [X,A2u.P, OL c7�tecx ',fL o S'• D,Q/' tea, •� �l�D.nLd ;Words - u Numbers $104 I ITEM No.2 Water pipe detection tape: (1) The detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils solid aluminum foil encased in •a protective insert plastic jacket that is impervious 'to all known alkalis, acids, chemical agents and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mills and the width shall not be less than 2" with a medium unit weight of 2 1/2 pounds/2"x1000'. (2) The tape shall be blue in color and the message imprinted shall be "caution Buried Water Line Below". ITEM NO. 3 Location of the fire hydrant on LINE "A" is changed as follows: u1, E Pie rH i NSTALL 8'X '>Z' TEE �W FH W/VALVE\ 3O. "NSTALL 8'X8'X8' TEE / "0O LF.:OF NEW. B' PVC 'EXIST. 8 DI_ =PLUG E BLOCK AFTER CO,.MPLETION OF NEW c` —NSTALL 8'. (900) BEND !- - -NSTALL 8 X8' TAPPNG SLR -- i'1 E, VALVE W/BOX _ LiJ ≥iI sTA 000.. ITEM NO. 4 lrYli i`;(._ - •_::LNE A Water mains crossing the existing drainage ditch shall be encased in concrete a minimum distance of 15' each side of the centerline of the ditch, in a manner to supply a minimum of 8" of concrete all the way around the pipe. II II II II II II ' f FSTAII�85 T13185 i ITEM NO. 5 The 4" crossing on the north end of LINE "C" is changed as follows: II I I I I I 'EXIST. 8PVC SENERUNE� V 4'.PVC ITEM NO. 6 The thickness of concrete for typical street crossing repair shall be changed from 6" to 811 minimum. F ITEM NO. 7 I I I II II Whenever the existing trees and/or shrubs and landscaping are in the way of construction, the contractor shall carefully remove the trees and/or shrubs with the least damage to the roots. Once the trees or shrubs are removed, the contractor shall protect them , and re -plant them as soon as possible when back -filing the trench. All landscaping timber used for the planters and boxes shall be placed back in their original location by the contractor. The owner of the property shall be notified prior to construction, to be given an opportunity to save any perennials or other items of interest (this work to be done by the owner). I i i I - . C I ITEM NO.2 t�. jI. Water pipe detection tape: I ' I • (1) The detectable tape shall be "Detect Tape" as:manufact'ured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness 0.35 mils (solid aluminum foil encased in a protective insert plastic jacket that Iis'impervious to all known alkalis, acids, chemical agents'and solvents found in the soil. The' minimum overall thickness ofl'the tape shall be 5.5 mills and the width shall not be less than !'with a medium unit eight of 2 1/2 pounds/2"x1000'. I ; .; a A. (2) The tape shall be blue -in color and ,the message imprinted shall "caution caution Buried Wiater Line Below",' H.. ITEM NO. 3 , Location of the fire hydrant on LINE "A"'is changed as follows: ____---. I " " . i. NSTALL 8X 7$ TEE I. NEW FH WNALV E BO> i O I I NSTALL 8'X8X8- TEE GV. W BOX m I f I .. • 1'.x,1 W /6O LF.:OF PfiW.B' PVC i ~ '.. I • • PLUG E BLOCK AFTER I . W. .. COMPLETION OF NEW E W NSTALL (90 ) BEND l- ' NSTALL8X8' TAP?NG SLE E.VALVE W/BOX . . I ............... . ITEM NO. 4ss. 000, ., A. Water mains crossing the exisiting.drainage ditch shall be encased in concrete a minimum distance of. 15' each side of the centerline of the ditch, in a manner to supply:a minimum of 8" of concrete all the way around the pipe: C 1 i H •I i F. :ITEM NO. 5 s �i The 4" crossing on . jA i( north end -of LINE "C1' is changed as II I ' ` I I • 'INSTALL (- O>2. AS NEEC I • r. rte- _ 1 r STA.12+85 _ ... ..l � ST< :; ..- ' EXIST. 8' PVC SEWERUNE _._ - • 4• _..__. . N W 4 .PVC :7 l^ I• I -, I , •d. I llows: ITEM No. 6 ! { The thickness of. concrete for typical street crossing repairshall be changed from 6" to .8" minimum: I { ' r I i I LI ITEMNO__71 I , Whenever the existing trees aind/or shrubs and landscaping are in the way of construction, the contractor :shall carefully remove the trees and/or shrubs with the;least'damage to the roots.j0nce the trees or shrubs are removed, {the'.contractor shall protect them , and re -plant them as soon as possible when back -filing the trench. All landscaping ;timber used for the planters. and boxes shall be placed back in their originlal'location by the contractoril. The owner of the property shall belnotified prior to construction, to be given an; opportunity to save any perennials or other; items of interest (:this work to be done by the owner). ! . j I I I I j I I I I I F. I s..-. w wC 9 9 n R .- ge R W `• "'T 9 �" 4 W Nm wF moomwal ns*m pcm0•0 a0 m!J ... awEky a Ov w°'° mRm•ry�r.. mCi'.T.• 0d�'••^�•m ppl. Gi W •�.10 CD ata*. 00. Q'pCp �wrv°<SEq�Wm gym. 1/1M '`,.4 ,ly'o .�.Sti �+'+�*mmP5 o9���c' O p'0 p4 �, pc• a0 nRm m , m 50 <o '+o wy mm < am mS,c s'v RETo�q .E �o p,5m�5 o`1 0, m a-ryP ^mRm 5m x�°: mm mp'a nm ,mawq� m{om n o=< EMr'e0W ?kp5 wG ' u �,0 � a��p0.p �^ �m4 "'�.,;m$.O .�y� NroO 00..tn6m S?7m ll .o F4 °R�'y" E 0 r�w cl 4 m� .R ti "rib G'm Yri d� •.� Q•ay,p .�'m.. 9 RFD of g mr on. et 04 R mpQ+ma5m• ti m R�MW aSryE; °'E'.m W°a.W�'or I m a'" m yr 4w 0'O n"'�j 0m �'fn�m FGi•M nWjmm w n0;r' ]'_RG 5n. Om Rp ... FMW Wa 'nw CIO C1' 4 M �AFn .'ml �' m�`in'pW 7 "q 'J' 0 1m1. n p° ovW w H M n o n 10 aGi• i0„ m e 0n CJ"+ ro GMo 0� `� m'm�°m m~'�J'Rpm P. �.0 ""a~O�W.W.e0� W~m 0 •�.-m�CN` E� et n° Fn�e�Fn°0 �� Sma�4�a'� CJppry�oam°Mm"m�4 U 0�9 r�x °6 om a a�-pr mFm p���• E M<�Eyf9 �' 'J pF1 WC4 OG5'O P+OU� OCR ^9 �rmy� N p1 �ym1 o "W N R;py "JmA -n N Wag•- y��� • a�w �Dp'ryn nm,"�j�� fP Eo°u'�•c 4G<`. mm e'�w rpRW aqaP.G 4�??G��'•''' m O. a O°'fYy W °•° Fn`Q 0'0W L'�'ti 5W 0' cc., O P. 00'.x` O.SP 0 G P.6 0ti n° "S.`. Gi taP •7�J'm •.°j m ima wp'mk"mRR ; n S'5 O ma a4 W mMn0 4 n u om a pi New "yO �p•g•, to<<'c^yN� y,pa CO��p...OS — mnm m mm atfl. ^ F 5 oia aKW m S e E W m m k 4 0Id � m ., nONi ❑ Q 00 Vl �. tr a 0 aMW W am 5C� 9mvy a 9 �..m.. 0 C N ],gyp oG 0.~m MOM ti0.a n'O rC1y �9n mN '�N%mC0 a mwW mVF°'('�a' tj Q, .{oy �p op O, m 0 O .m wm0 Or A H m O.ZI p n O.?� i1 ' W (a" ^ O p {'n M��'P am O R TanCRf m ON POY4"O`e °•y c dtn WQ M O+P m c Y ro W �] 00 Mm a c°;s amn U1 �.T �/1k P 1003 _.w.. mPE .�F5 a•0 !1 f• 6 m E "4 9 (-•m .� m r.Mm m p i N N"X,i 0q p x r'TK� rT e+to iJ n M m WRy °�mSa o.R n°�°'�'�B 3 Pt�M 5^� •o]'g K{{F�F°. ap, a'o� a p m m m�w�g. v Y y�q. 7� - ' Ei'w y. Cr7mi ,.� o '6E. pSr?G'bC gy ; °w°NW�c�o ( 3.R ro?Orm o Z' m `< ' �' mm tl p .+. ,S . ,> •y a f/1 a w K R' tr }� I �mie n. 9�.�� Hr •Fm,., Y� pC0'xm pi''� v W F�'� Vm�m!Y• a r !"w='Wm Win.°+ ° lit 01 N W r n F 0 S�� dt7y+v �m7. @�°E�p FD mX �� w G mRn p FD y 75 �Me n° oQQ 0"7 Pi 9c'lmC §0.�� y�+go7j.6 :'��7 On M mFO ~•m•+ CD ➢� �f ,JR• k W E a AA' n 0 O mm nm �, '.'.a 5Gto �+�m4 in' w a �• �+ 4mHnm41 " D' —"1 ' m W -y'� O°wti A5 �mm m<4� FC'" 90 Eno + W 9mm, 0 U+O' '^Ct ".�dFpCOOp CCmC00 yy m0R�' ryeF. RJ e��".m{ m n m°O wm9 nNWy M�°•� ryGM"" m0°'nW�iN 010mm`pr•Q. Wi] pF`C•p n• H`'Y`IIry O4Ry°RMm +pMplp t'1 L]m o `^9rm,ny°� Rfi°o0•e-.k m�pF"nnR�Q Omemi ww P"PF (aC rno 0. "rM 0 »06x�0°,0m m.-•w�0 Pm.0 `{p'.m w.0 cm mamm «Cp a p.k.. mP.Fy 2 p m 0 t nP_40•m u'i °•pCp"°� �F m m,..m oem C 0'r o�w0 M�a G'y .�aO �E OF FOPmW U'.. mn uwmm`�P F.�m•<O m.Ow�mCaa X R �e0^.P �cE`. m ^ate m m y m .1�K<��,C mmGyav n.Q �p Ym«P, m��0'0 .y W �0 ma 7..."7 d5mW W akOmE 0'0 <fyn 0� .0W CD 5o �.N .7 .•. ....m "gyp M my 0n ii'�'nmw�'° Q? [mv rtttfo Q'm y'J miw •f � <'�._..^o,Mb 0' m p r .0E v < m om 00 0 00' mpF'jpiw EOY...aym b•+ cW'. N q .i n O � .°G' _y '.% rt r- D• p m n� 'q O F .7' m •f O n ° .'s n CL " n M M O ` W O ._. rt f. J r �< 9 9 O'�R�wMWWt� Na�'ti So�S�ti ti a+�9w S]wm Mm° wE�5 'a°4REoyl^',c� W=7GR :;c- mo: ym �Om Fwn 0~m nvmy �m Ma 002 O'a N?�.w 7 09 µ• wn0 m0 �. 'Onac oot?553g• mmc00� ' aH�mroti aG CO, °�p�mpKryrg mti't �w �m '�a0❑❑O.m PymCn O' mm 0 �' q <OrW. 5v m HOw4 M� W '-`.� XO Q,mmy A W Om P+m p'Om n�iy Nmk A'CIOmi00'y �- � •�5w v.. �'�+"°Nm5Y gee<F H�'•$Mx< n�+,g �M'.�a iwa in0 •C mp5�'O S' �r p FmNm y°w m,'+., a0 nor M mr tr'Frf� 5m A 00e<o dmYO n npR�� mC m an ft • (Do 0.00Q O �m N .7w nryw m 4M<O"°0 mN•°. N •aa5wkC °. ° �°d.°z W° ��m °CL �? m aG 'm7 ow �n°m wyWmi�Q Co W ry�nm(9 4 50`wry' 5m �mnEy GxE'° EwryG' E g mm tnmpc,n F,,. G ammyti d n e+. W iq C.. mn t/J em+ 0tnm yo'nmc^p 0 o'pm O O• ... R W Y m a, i" ' .S p ry m Inj m m R m m .�+. N 4 �' y • .'i.� < t10 CC,E C,Gb C, m n m.... y ann am R;°.��w noW a0 �tiE mP+ie"°0 Gp•�G0.7 G F eC�, e< �i ..-.FC 0 0 lA° ' �.70. ' ov.7n'N5�on•° W m —n°wi 0 ... ..m �y U, O m Smt�� 5mk°x� �EOn�?a ywaPo 0P 3 S9 ' dn (�W Wp C OONkf� 0°Bfi g ge. �Sik^m�S5mor°w�° aydr�w�CESYoo�n�o B°oWa° �5n aw�5MS_��x ' paP• .^`�<pe0 5wm (p6�Wm Q..r dnma< e'er o�Eym O O MN g8aa��5 �Asmw a�n�°Nmy �JrMO.w6p�'0C`a<S� °.aim 5C°�a�S�G C�°n' as cg wo?� °° &E."v0 °o— ymt".+."_R�Wp'� F c � o°cmy`°�`°m85ea� ry5'a m° o�°�Q� n 6 �'°+yG n '^Jm XCOX07�.pmN�� 9mw a3 7ar oa ^m 9 C7g : S mya.��, xfo'M OR°•c rm o-a�� an a -gym N.,? oo_am ��-.N 7om� FGww m�m�o°gym Il N 't X •, Y r ., I I C I N 0 I I I I C ID J 1- �c'\� aDn � 8<°n OMV�OPIPB0Vago�7PPvEnGm�K A P m m c H m gpS�w� ��0Ny�rymS2ry({��o$op$pyyCyee..pQQP'SoC�y�joB��ppo�+m��a�x}/�rt.vvti� ^ ^ m�j' pGEv t°n�Osa.5� G0rt °...9c�' aC• �,CS.7a�°..8;' a .$��,���,.,,^��758aS� O al d c �A°�°' ayg pgm+�2�x° ` abn°d<y� a°v�R°dBSen `pm gQ 0 ^ rye G9°B�8"S9ow°a RSAr 'O m WRmpp�� 5 aO r m �o��Qc� g p�sq gf��Ov�Osm ON 5C I � a �°a 91n? �m�ma�aCGwsmmG aya a^8 oM °oy° dN am mm g4 q� ° 8S d0^Sm o mq7 NRNd,+ Ra 2C'Cn m MCn te, i�p��"R •�1 ^C�COJnmg d atl °'C 8 N ^ryyG g9 o$:^AS?'HE0 ❑Fa Ma g�vmGGd Jp°°goo7°�]dgp p°° P ryry(�F. CAE m @� clpi oo rHf4^!J Nyi.i r+ mog (D L.HR�•a^ �^ip Rv R.R.. •C m~OO '�O.w Rar�aNti� ^Q�m�C °•� RO•ma Gc°.�C �ns7 �Rm0 `"mP.�°5• A x� 5 5d�$ dr{eam �a n as R"101— c _ dam ppa0p — n H E nm"ad Rab EMIOe°"P'dd fD N ' R �mxom GHx .R..dN^ x m7 ? �y x S 4 -cg ii7 Nm H Fi pd+p, �'v' �IDN�. 'O�Om< ❑0❑ � mmryN �.. C��... mOp'.�0 MW 0 OO`P.R.. `a Rm 7 g m P 07O. �p O n G a OO�v mmsC Or H FF^G�1`mG y'J gym,,, TJxN f 0 7°p. 'gyp ?°p .�i.'OO.+Hr NOR7 R0 m'7 �.°tpi�E V 0'N:r �i4 Ov ti - N m M H F mG HNm v..'f/�a N n`• md�HO vo n "�a gip° o R�' X10 77we C pom�^' p°1.�o U�°R Ede ]poE�p �°v Mo�c•.�'mtl °°tsmwppll �e N �a1<O O vas �, 0-�a to rmj�. 7 Nam R„x O:oy �0,�0'pdm °,H dnO m caps dm py� mry m In sry � Md n 2 RInD 06a i'i :A �.G "C �ti v''JCp�Nyv " 5 G. Rns`II �o(pp5�a. CnC a. (K Cb' _' m FS 1M GiI I u7aaAoaF'm°ro a. °p O o 0M RI"D �•mf N.�:m Nay tot n5 7 C7ny n`gc ��mEm vom R aacm-v H (� m N n O H M H F. d N 7 P !D (D % r^ O a 7 M (4 fD $ e°' r' y° y v a0 ddv M o C. m pm,o ...m .. �Wp+ O W w m o'R W< CCv w�..dti O •• m y..w 7 yO ff�Dg55Ki'.. d nfS �•w N,H.,7<i a mx as Ff �0 r,to Riy dO amour cw n• Odm`Sy 0. m� sw 00 �',.. 9 x�$a°x c �7 tlm c P ro+mmaW.R-5�7yN , N m. q"� NUI a �w r.� 0�D OM P `ri<a (y�y 007 pl �1 OOdaN �n �ya O m H N5m m d+,m7'R ' y �m.imN A Mmw��cr�Dp�{ G•�m^�R7lJm .7 -i: �- ° ^. NRr'J 7fn m"7y'O nO NrRj :-n.�PS C.� 5 0 ry� kJamS"o�Pu° .°-78Ammm�°n oz E'"Owa� 0 14 dGE�x e6��9N b a`m' m a CII o @avC < m� o' a nomB m 75 �$� Eo <R 5 m..o nBx vnmo {{b ' 0. v CD n o w pm� m nm 'C m WDCwv 0.0H7o Om.�D m<y 'y 0 "7G; Aey �.m+0^M EHa ma0Mam i7yc7y 4MF�p 7m<"n ap"2 M'ey CR C m r 7m 5 G ^ a0 E00.00 p0 a b O aRR FSn. .<.. rt m kaa a Rp m 0 X S N oppG� m H a GD000" b a'77 tttU. urmtiS.d<5 mw a. Nwa�- oRCoo dour �. �'0 S a. �CCa w "y�y mm <2 mm w��a 0 57,oGa tam �a�paE7E ' 0CD a o �7mwmo^�'md'mynm�"-.Sa g8mx]''.N t�5 a �T m• C w C� WS�a. Se' SI �odCa a.R.a g �F d5 mp. �bW aO �6"• �Py p.��p'GG .m C n ut vK x�HS m° q P y°axmmm5Rotia ,+ �Hm�y. °H• Wm 7mH5w dmf°w 70 �'M^din v9:PQH Pi Hti i1 0 co C° o 50 P ^ E m 8 N *n E °'O N E 0 H a m O r p n p 0 ryO y m°ta 5°Q7dm Omv R(D °,myC7o aA ^^n<757m MPH ^O �.ti ^°•min t.v>1 miicmr°nmocr�Rpc a 11 5mam57m ' < {{eeay S3 ia7a°[g�Ja f<a�� 0M�� °m �» mow <00nmvao°+vim maleS. m5�n7 _nm^.aa'to Ora 5'MS `O �P wp� wm 7rom�(SJ mGPp+00�",' r m mH H`.%,t0 m 7 7m• 'OOH H°m N° mC F a- n m C P �•,. P ry o p O m m p C m m Ufa' O S p fD m 0 p �p x H n N a 4 H G m E N O" RdPr 0H'<O xx mmvM Hm H Ovpf o'1y f<a me m �drymRa �mayo M Nm n mdmvoaavm m °° mo oEa Q n .. x mm 5o o <�p-• m00 ..m 7� 7O rR R ... 7a EwR d<t1RmN C� N ae0. Ew ry9 tlmW 0o tj kro R m' 0 �ti 5i°i, p+��3» 7m xnm x,prj ro7P00 m a p 5 G. ' mPm E m G..77 ma?n6�+ Ga°� myda- c7e n m o` � 78' mk"Sm�d'mo- lcq nC, � a, m 7m yma°a5 orb �'99MF N NO Eia a 01 nHiCo •p`� vm mm*po7 °yskagmd ass 7 5P2 5,.5Fn .m..m<q 5 0.� N a!D �m x y -c pOmb RW.<cr7 p m� na�a,5"�mr'{yw m<.'7 -r P%a .F,&9: <m� at'mqnD o.��o .M»5" ry�`yp.�o 0�p, aocx5 7m r5. m50 uo mna w. '.7 a W rry ar-1 !I! H L.mfp voSmry !y m adb* m d�mAOH ti,«b and 0. ryQjjp CL� N (n C• O Om C �i+•j n0n H x to °�i rn v <„^.p m�cyC m7 �p E9�dN�.ymxN R0 Mn pCM msm pN tr ' Cpi �N�,Ho �..�^v` ���C m74,•G N�°e°. �d`�'l �'F+7 ^c0J a. RR R�P�G"i0 '1P�eJ7 G GY imm5 �+J .i H, ��oo N <cPF���G�D 9o3 mmSmm� ag °wmSmghe marv{�I �°9°d5sm "D EUbma ag m�5 N ryO W v N tw+ •m1 < w n ti ?u 9 ;, y .. r "0.7^mm N v' .: .`-'^ '�mrym ralpv(+��n °$ °.gy ny ^G .y °.�°.C v' C"'� Fe M�'� 2 s psE V' mn0Gg f.cDm0g ti0m "4OM<5RnB. mk as .Nti�ay_ ^tipo�•SQ �K�NS° �aX.ti$d6mamcE. m�oS��mo5SS� 8E a 3 pp <Fp wm 8 n� •-�Nw »� p p5 »0 v o g 5 RSG7•ao7•o°,�No•,'<� `r`'m�mPa'�EBmN O a5am olio 0, ti5 a or wC4 as 2'm5°O mn ^° ^oa7m rm o 0o�w ESw nag05F °m'^`ooNo- PP5° t;,o'a �rootlotl5am toB°mc?� m��y m.� N. x-100 ng 9.-s. M 0.a �ECC Na•y°ti«°"r m ? Om^ 4 ncnOO C`"O"m P" vEcm�bS<w��ow� N o �R m�MMao=F0N cF 0maw ov;rS 5 2M �ryr ncw01�< 0 NosmU ate. .^Y.o o�$ti am �+ti"�omnom5N^N o`er a�5w axmSp'"^Ct7 awo 00`9 " '" $o�oo5pnm�$6�amom��m_o".�ao"o'o GYE O p 'J• ni O"^p' O m0 O1v w Ya mrmmN myy rr��mww�m,yy� '�J R,,, 5. .7^' 0 vi m° m0 n F mN ON YM o um,o� .+ °o �wr*oy C "•v 7'$. "-1 R. '*5 < A " ° m H h m A m a O p D• M N m m �" O O m ° R .<.. m C .. �s p1 ^ p °. .. .CC+ M "�„ m'<760^w 5oA QaS�'a'o°°wRacmY..Q.7. a 2°" 0.�mmd c°Q�Q�mAw 5 w"m�nn�� Apo�'0.0 X50m �5M�w8�7aoQr5wti°�n�ow5�rM 5Of"me° ti^ w <E:; m��`C p' Rcm* N°• "Y['Yy na m1i Od�"n...p Om"" .°j m" ^" 72GCw p°x', �in CI lnBm°"mY o��ppay'm°,°° °'o 0.m a.Y910 .x YOm wE'J^OG d"^ Yi1iw �^. in'fn Mp�5,on Rin f5 a O00 '0 e+" M+ 4 Y�CCma CD °' R eopp op.95o O'O m�m0. "P �Mm .00,E"0.Vi rOOu�n �• L wrwo mm' mm 0o5p a. -.Z om 2006 (O pr^. •O ba�°..e ^o5 �°^1+ N mmN 'O^<�v.� '<nP•-• " GIED5"7' Oi. wy«.y �H R.."O O� m<• �"mm^' "NmN "N.<.. N..�.. 'J «. my m N m 6dnptaN pC.a�P0�ri- •bt mpi°.'sobC. �e^^.0g�"�^". mo pbp'�<o �o x X ww SN n._C0 p9. ak55aa� A orOm�wP mPo wy0�0p°o aouy am 5go Fo,:y m 37 —,0 a1g 9M -B P.m 7°7 Om INK rd0m s7 ry0QgP ri'ppm m�,y.°^. O6d<W OKMn C`. ..n w�1 �o•G ^ � P' .-. � C R d a G ` ^ iJa m N N � � O " .-. 0 m 0• ti «. ry 0 Nm < 9 O a .w «b . H 5�. N " m m• r. �y E .. ^ mS �'m� mp' �...8 m'o �, a'S�e 5R'E,m EL �$ Gam. Gi Rm077 ; oB _ o• M w.'�.. .�V ^.av^��y af�0mmtp^y mmm N�'°Om° m-�'m�•YO�'mm�yy 0.��mwpb ,�^ SA��g p'm vs• p'?N.°imm.�N•. 7' b.�Rp 4,im a,54 4nn Ory 5`' m m0�m♦n G7. p60mm0 tii mm v. n «.S nmm- "px5o•w " c�5'�d1omo`°p' 7 5o nSY aF'oom a" ,.15a'b+�CyC° pwGN Fnmicc" �°.°w n 5 N 09k`q° mpECCL m 5 E F� C '-' o O. 5 Y g �t N< ° o G a� N O P c o G� •-s4, N a e. < m O �, a oo «. x° �'vm7^m'�• "5x i °'m p m"^ ,.� mk p'mYm•C o p• M0 .< Giw �mF�m5°�mO=O �mmw�,emo. �'P GO m5 x mmo�55w� " ^xaE�� w .01a oS`q"° �,o m���?G ^k°,�mO " n n TI e°i fi`i m. 6�i ob° indm?'p'EHrv17oP CP a: �. •vwM �� p o w7 o od nm ... w CmVCS 7 °<,'� A 4^G Cmi ew.flTy'N'Y^_a•°ry!!f^yy^Df..aetc. f0. t^D09 and �w0Y '�w 0 C0ee e+p YMe Nw ..G O.^c�Y W•-`rO-a wm^�Y °4 °'C�ii �.db dm a"' ^O m0 .-.N m.-. .p .. 'f .7'.. 7'a „w m"P,�Gm ym7•"m�„� �-S -•v .. w"SY�o R"mom<�aSw Somn�R x Ww ar9`,°„` 9 a9gK �o 'T�... wa�m9+ S STc.mH w7. Ldp �,m o�my° Os o m{mr.�95 'n'�aoma n°+`"��H$'n^O.x PD :O.»m — !!• mnn� Cµmww V0,m a•r•<,N<FyaW�EY M RYi1i .x0 wR� p'mmpE MAw a�p,ro p' ao Q `�ow�, �aaS0 P. a agv"w'1OF 0) °m5�'i"'a�@N��ymF.� ^p5 ycwP,o 5 fluit mm c5,� 9 .. °50�" w0' N oa ��.,-.m �.ow Scm Pp m m�o pp m,..,0 �`w cm m .. Icia^5 m ...»m �' n m7n a Sa^ mp 09 w "C. o �C °pow�amm� o�apgaom�°S�^°� ymw �cp5`<1'w o • ^R°G5m m< M A ^ w�'Q S��I a� m5pmw00. ."oaEs °S��rSSYb !? M,^-s°*md ^Q �e Qpm b .70x^9 g +.8m^7-rr 5' r0 n "Saw0 ym. 000 CD_ F�° ao" d�0 n `C b' ov Op a+ m ^ e .^. o°.. �'O0.°. tiV m m7 M ^E amq .+n7y mp xtr°r wm�i, �,Zrrn �" yym++'!70q ... " m °•.+ ^'J, E,' °' a" .... �. om^ ".+ om.. dO p 4 W NaN�� Cm {V .» m� �. p^v'CC(l�(oo0^R �mm � °5 Itiw Cwm CWm5'fa1Enoµ a ''Ct pr7 Mp- mN�Ki/IPmm p,wC .�' °'�' mGp'Xm mo G G O �p Inn cr ww W 5 ^ O F9mm N 7 Y w� Y ^.l.• uG °�. Eaa2qq 00 V.n^..p^Orp�E � a .- 'o Gg ^Y°° ma �?•Rm�mna5 mwe m 00 °5 Fax cc S I X O .'�. Y. m r'J a' N P ^ T tp O y •n� rS O O a ^ v •' G O O ^%. SJ m '�. n r -n R' ^ r. G F O .' ^. 'v' '. O' A O i- '._. .•". " n V w. 1 nnp ... !�ryr a n �yyy W 12J Y�'r (G� rY. W (� " V •q �j �j n. }y� {+� � a' f1 n rp ^I v 1S p .7 ry_ ^ �+ (� I4 7' ? _• N N p `• Y" R+ O r° Y m �. V •� a a O M "' N ID 'r1 �' •p F N oy 0% a �q $R �� " �d5 �e p �;y��� . <<C - etc "(-En "; B�Ny�ac5�9 yA� AmmbSRaM ' apqM� °a Crngg '� SEEP FppaQ nP� {y1� a 6F �pG~�4 F:•6n�n� NO �Y•G°PO �-^m N7Ca Yap„ p�q {m�{{����p+N Nn Ego m E: *, Li �p'�ar!r 7Qa P`�." 5CM �pyS spy I d;T 0. ,r'7•A" Y:l I y' GO `°g �N �'m3 cm�•�"b Aa.+ f°. O. .0 9 ryF(�CLm••^, °� Fr Nry'b �+'py, •'^m �+B tr b 0!p� dqR m" r P1 P� G N •IIFryI 19 a• q pO' ... q tD N N n 0 ' " m mE`°'p•nnX$�cii O'' .. .. ymQ�a Y �� mm _a �° �pam]m vaR Rvial 5 �mm c °,', °• F ��+ o o (�f � � O F fD ° � •n-. ` " m ^� p, N n o' " � n y ^ a pn1 ° � 0 nom- Q o n �} d. ' n,., p•N SN O N gg °m eM. V.11. L� S a �a_1FC YN�<w 5a mom^�•� mE^mry� "mmNX�mP am�a pg po °�� 5 O.E9-I �£mB�s�m�a 5m ww ��ka�°,koaa•Ornm�°�u° m r V r r r r Y r • m m m r •r.('. artq OgmNm to<m^COama,7^mti ..�Z� N'NJ'O.°.. qp� Am p•nn mq mm y0a 0 �7Y "n �.mm nmm �0Y °'.'-'� m,., '"'•..<7.. 5 v qa m < Mb± Nma mn n m r m n mm C m m Zj m m 5 .- — oq ,. m N .. N •-• p, .. N F: mmw m5m mm•a �r' o .. m O OY m"p,� mmaYmmM�m�P Mm�W Q'Y j—ya s7 GC7��aq N.°O Qm(m+Oma`B�M maT<'�.. a'. x n n m m n O a m H Y< -( •Gj m o W n .... �y°y ta+ M m K p, N r� a p`lmm owp• to �00, r0� rp ym�r7s mm }�'�y�P•a$ ^�6 c, 9CFn •'m•7y, mS "'9`° �'n.a f°Dmv nJ a'°O` mry° �'!—$D�E p`+_pn Nm M Igv Gm MC 9N; 0.m wnmg d 0 �. fn gv2 Ni°'Y. .O.r `<t<D t�p, Gi 7Pn P F nr•n JO Fmk°8�m FN9'a_ n mppn'M � , x qYp sY p�NMe• ntq Pm o7_mny� as aJ htytn m?m� d � aa• 8 pu Puns mn ?� Ym p.r-rr in �y0.MY a0'�P.j�n m OCR' m �'n ' F: mO.Y-. a' n m C.mm N nam m`�y�iY °' "•'r. s am aM a pa m C qd am <bn m m llm o. �Owmmb Y S m fan "o nmg5 S"C0 a0 YOno rr °. �ro .. am°� n0 n°�C5 'Op O1mo "ion 0z P <,y Cr-.m .Tn G+5 q E+m P N O O .-o a'N V '"60M �C 4 t^abpmoo•- a- �, Vm m0w= mny^ m mFam v mq•'°JNm!�mm� Y M E�j' NY '�mnYn •y C. Yf' �•r0.� ��p �SHFCD C.ry q an•o�R �ownp �� FCmn�im dyyGm mm �u' mm m Y. p qO'�7 P• a ^mm °... °�. ° m C d m m�arEf �` o Si M • "� FD q R m m O m O m w n gi o 9� C. ' c m m9iY5S ° Gm�= � my m o qoK m� aa?nay mF � om 9 .. 1 E m N n 4 n M n N ov pp b N p� O' w"< q q N n tJ m N N N N N O •. (kJ `mQO�rymyR.. Em 00'Y..ON n.7Y ,�m k�.. `�•y �� L.dO O..m <mN O '� q M pf .... O er O Y N G O '�' .n.. O< Y a w m m≤ .....� O N .... N G "1 p �• (J y m ry 0, O' A ' irCr"<r+ Qm nmNm nm•-�v �p r7vr-� EO vn Rd<mmm`eNO Fm r.. On'c. n. 5m �..?•m� ry If oot�.mcq°oE"N'�Bg,m,m'ea nogr<p�m �`�aNFF"p, $an N I wa a' GG m .. m o 0 0 0 a C �m m N nw mN SIN nDQ G1m F 0. F� C Y Fmry mbm� ��mm °,.. ...^ ME tr1m n.wo p ��=mm �Bryry�pm°ig [G�ov Or �E 5dom v n�° m cx� o ' r. -u n M .f rO Mm RMN a• m�, a °.,`.°y in cN.r 3B< Om pNm mma�.- m YO .3. {9 m'+7.m kpm�oxcn°pm mmN opm �mso"^off ao c 8CD o�mn°mNYp.0)❑°!yy�Nogm a dd M i..x a5r°q m.» NmptCm ma 3 a' r0•Fy�.+.a dP C p,0 in o a a n o p m 1 ("p n M µ N N (mp N mg mW m Rj n n •°-rr a0 m N ° E" �' P y to C •m•1 �° �+ 1`• e°1 (1' ° m N 0" x 1�' b a. r.0 t�Opr0 MF n0�yn?0 y�yff ` g22 W (y"9N04'0Y cra' m 10 QNOn m� rmry0ry �mpp m Nq< ..� y q'my Qa'pp�ff m 0 'OPa•ry n.+..mr"J.Tmmm 5O� 0006M Y O m NNvy°'m"m ry..". fE q`J.pmmF+m `C 'mma• mCom6'i'mm0.ma W�.� °a�0am.�sor MP ap �m��� yGm�N�."'P.�m-`po^5^" ; aq... mgy.°oMoaoao�=' aq3 5m d.-.y� �C�m YOm n`Fm m a m v a OR dpya'�o,MvmCa a@Na" P'�°„m»� tiS9�'Q°•yQ Pp?o�;;pa,o" _ 'mFmv P L; Mppppo n mn nmo `°p, •°-� mo �'.r 'm 5,�mr�Cp m.e�'•,a.m m,CD 0 FOCO<o 0 FtY07 mw �m mn and �m oo��n�0�1tro oo `o Qm00 0 5$c opmµp�Cn a N. dO. m m@ E"?'•°+rf�mOvr n. • r MO.r a N YNO•O•m '� �'x xw n wS.ob m r MOO-" •-• .Nmry,. ° N rr o E a m O D m n M n n M q O- ✓ y N r n M ✓ r� NY[fm�a"rY r^rva N�gmJ `m� y m°aY'O mOmxi�•.N�q•-••�'i°�mmQ7;a�N ma'.-.�O°Ok 0 ?'�F"xa.-�Gp i$°n aaac �arn b y'�mmn �•E`�m `.ma'�a'55: mE+ ...m"mtEFS •t$ Q 0 vinat m(pn0.Nm�n,.'1 mY an n ar '"J0. < ... .-. Oi Y •-• 5 Y m < ' 00 .w�UGa o..vo75Nb 5;xa Y�o ro A� m an.npm Adm yam n mdm �0 ayoon �Om + a bC q�_ b M nm mF my rfyO zYper, �i per,O a'[.J OY pp n_ � $ Hp, . "m6°0 'a'Fn A E m e'S+mmX° �gc £�5v+m�oao5Psa0 M4 x aMa mvc°� m"o'0Eo %aq�o o �kFo SaKC� ppoon < a O xY r+Y r �o pm op �A o m p -'a d T 6m Mm b $p� ^��NO}''nFo �O VP i'Y O a ° 0,5.Rmpi OP' .7 <0'•4 CD - n0 �m 2 y rodm• mmq n •�•C rad a' Y0 UJ Onr-n .+.ti dorm m '7<NN m %C! i n ° N O m 'e a s aaa-°d N$ y40Ra 0b m. •.o vm5 Cm i$5 op,o.:Ay R ynmmQ p .�, Ul ;°. e•'7m Onm rry.,°Ya'�• ni°-�m Von mmC (Yp MG.mm fiD F�• pL"i�ry a �, G'rt��AA m2 `:� ° O rMr"i� W.7'rY y0,pm.,� m�i aYa�a� —�"'go5 FRO'a.�� Mi E G•»on a m <4,• <= o too O'J'a .I. �CF ma N ' ya�m�°5S$p $000��0"uaa5°JmxN��appmd off`° �Mpny°E°�p^�B5a o. TNb Ory�QA� �°'YNapN bm m v o..4- b On n<An 9 FA N '.%O' �r-'yy�� 9 m n�" m C9 �.m" aa�S SaCQF^m`C n.� OOEm�m d,0.'^aPyti m q q Om F. EN nY m0 y q m rM N o (/� n4 a•n no On? E MN O.-.�a' O'O n �5°ro5�m$oDd�cmxSK� syo"ma�ao��w�'5� c� Y Girt �0 0 N@°° m .000 9 Y> 5� ooa�mao m. m mmm m x5 n nm MF:mad.°m�m . •a d°a a5:;m M0. s m flJ • ny Vy2^ ^N.p.n 8n°CC nV 5 O0 ^ m"]�1 �. mmmNa v V mVV nON OV oV•C a k<6o $ w C— < GB k g5ofl ^go v `�ao"a aka �0 "7KaL: Gcp�"obYOR R1•PJ ..0.c a. 5 5.k:. ^�'S'n .�.a$°A^ o5'''O00 7 w d v '^pp+ailittili ca ^= n5.± (�rmE �^ 0^ ��° Sn w �u ^-Sw m@, °.E^a Root'"�o nK 6E.E:d^M.Rmp^SaQ cotmm ��� Py^g'$ W�.�agog�o5Ga w^ R,o^ Qa~ g�ns°ra.a 0 •< S �pm— or0 mrop�5 pm amppmn5 N E a m F mart ., po C o naFS sOE "m p m 011? Ym py,ra'wm °•ScnS ^ �Y �O^a S ° m E a,D �a'a^ 6�C m n X SOY � � ^ µ^� G mO ..an fn`^ q -a x wn ,^ papr a^".,' '^ o !Ra �w p. �,°S�°nwS%� • a Y5 L;m ,a°"' gap '•aa� �R�m�^ 5a°m ��^�4a�L, 5•$. 1Set?'m ,.w _�.Y9(DY(D S^rt CCU ^ OS V;4 �¢p C_CO E Ei '�ISOW x—^ <(. ar �v� .T W 6.<..� a^< N•^„Y.^ rm^v Gim <• w���•'^m�Cymmn� ge m 6 "O 5R nGfpC1 mo'R^ar�Vl7�5y'�son^:,Yo�"Pn�EH ijBVa" '�rH�'�C prom 5'b ��'�`�c•�,m �' N ^pmamL'' 0Fn°IwoMP�a"n co oa�i G�c �o �,�g°c Mom aA°r A^ °awe"oay YmaafiOBa� m —n ^ 7.so SR•• y S �<... Gim<0 m..o,m m ..�Fo m,. a.,^^nn o. Ra A rv�a��•^.�^� �'. aEa%•°i! m °�6:? ra^"^ o ^° hoc nm a^m0.3 xnn m wa am S. m n 0 a.. S� .Ca S"o7 ❑ vcF' ^c <60 ^ 5 °RAx$ A RIom B'tl aY$ 4. om6"� >sa E. gy$a'�@@,ao5sa EB.�•wmF mi° °Y' W?9G P; a�R ar•GG LYG °pa. G9:FEE" a 50np 5 uS 4`...m `ten n� sra 0E^'a' sa 5�c o SR s [� r Ga ' S'c Fo S oo_o g n ^{ m o pN>C.a5 �m� n u E<r88N ♦'nR sN �•F C ^�C Eump� Fa� Ga,<d2i7C n Sim a ,S' SY'a ,CA0. p^mL a0 'I m Tan ''•. "A agcmm5R sC, E^o,�`•"°d�p =+ qw° Fs° `Of�m=��0 fl O'"� n—tl$Y �; O4n NS $6 O r� <a. -.Ow .+ a' a "cros , 5 Y@F. Ynv g5 c a 5 R °o a eZ°mn E YO �^ S °o•a y a s Co $ a3 2°Ocar Bm3 W0�5 '-I n n '1Vm SA, Gim C a'$ s95S �'^ S{amN`m^m E7 �"• 9atia< nonno norm m Vaa Ow mn —..,n 565 �Cm- aYnSCwyn�5� JmR�N^a n9 tin sm��n� mms O SSadC'."•S '+n litilir eanaE ,,c :3^an'Em�ao5o �..'! o �wrn5 ao cn ^^o E'.<p ao op a^�w9Vazz 5.x caovo°^a5'm B. pt Ym`m 7 7.,..0 ^0En 00<GE5R5r'c'.o N 0"0^" Ro;wMEKF yaa�pgati .a V �v �Bug"7'a 3 �n'mCv iEaanc m$°.^.o��b a pCa r.aw� <__ to c� 7V 60 k C^m .,^n.C..a c@.� °^ p Rco mpSm K`}i a �&e r."Bmnmm m��.. pNp �p n• :....a �i�� mom4n m 0 ??�� a_ V p$ a a ±. Emy �'• ^ �.GG m R•<am °. a. ..Hr v%S<Q°"^ a EGo°��.m.B L' nq o J'^C, %<m 7m°a� L�^. yr^n per ,°., ?.a. S V7O3 s�Qfit ie ncEn m�tl d0�C^A�Ga 7 ^`v Nm ^w c n �S {a 0007 m eD,a n. O c..n ^ ^. Ba�Vm nP �w^snR�<m`a7?m amo Q E^am Ga am nq. ° Nm �ina A t��L„aO.Woy S4 .L`. Xan or^n a19nm m`yOY o]'o<0 Dn, 5'�ma'tl n a Y M O g 5 0D` pn Cr m E a 7 " M�X00 s q5$o•�� a"c^a°5°"o�pm �°m0 a^'OH ,aa o E.G aEaaWsaa �o�scc• act _ s..2, ca aim. r.�'^�:oR° `0'a" �_n`,sE 3 Y�c m arc EE �9 dtirynrym p anryt m aO VO.n C°'`•m GNn nm nmnO n_ ttm *1P49 n,C Op claim . 1-' w < ym ^m° m^ M O r •J N"'mr@@anJN� ~✓n m owO Y� ,^rnr a e m o m a�°ay5a m g 5a�p+o�y5$ 7�.� amcbCS♦p�vE$^E"9.,5�^R" '"R G 0• bN mEma�a000wmY 0 OacGa p`CocO 0y`o m•n Km "a,00 �aCE5oaG0n^ $g�o�mFao• ado" 5$^Foravm°_�m�y"r�SY,G"aI$oS�Y,�^ E— n c�c K �'�m omammpmf •<m Wa0 a �'pa 5• " a_ ._ p ,7• a a• m a. 0 n p, n o cr o m m N5a 9A O[/Ems 'E.Gm a'�„ mG'g p ^40p Q. m°. rt A6 nVw$a i. ,O'" 5'� nS5c Jr Q'C "p YAm $�N�ryaa0s�Sa2nmFma�$ctaoGa°^a^S�o 8°��o°R°F7oEroc otn� a s an<r cOO p0 (mD0 �N5a d'mo`m mm.. pmx—R <�.aog 5m"wFD'F� ���' X60• m�. YYpp�VPa y p Qcnmm .^..Sp ra m "pa"a m•, .m.TtflmM pct In m l+Ge 9 off�.. y5y5mSpa$n�a• 6 5G E,^.� �a,�50 s7;a °maC;nm�tiena�<ma ores Rao :o, 96g>n° cERgsP S�p.wYx^ amYwa5o.�+ C ^mcnm �i G��Eam o•.a$ as &n .^.a p n s ^o ^ ,mmmm ,i ��i m p' app �.n 6nrp .nT p, o "C a5 c E� Y oa. a,7mm vm 0 a C m ^• ^ak p Cag gmO �C aE 0'�•d. •°.R0G o°%ascm 6'x^y '�^"w$m�asSS�OSp ac$ cx RX� ;.c^ Yost ��S ^m _ xa hemp 0C'a�sn m$m ^ XR mR ySo„�m o� dmvm A o^ m" �n'mm °Exm 6� �a m as a Ia ePm a Fs �oa6n�5Y•"Bp �S'5s5a �$ $ �oxP• c p�x Sm r<0 a�Jx FM Mx n% oa p m� rm�C a. S. n� a cycy �yln' (" ^ °Q r,.msCs+• g S 5 A 9 .. " R E '$ E$� 7F,n�;ns��5 AAv P ins < p C 8 n p o o R�C��s8����Q�aa rt as ^ oha nS E �� s�a�yho�a n. yp YOX ShC 6�pn.. O' E �iR 'P Timm m�nsOJ. �ma5 Gym g.aL°G'9cE G� S K K^Fr^o^'rnsm.wtx�X�i go ^m Sg b$a^5,w ySy5'a ^ "d �:lk' CS OO..�n�vlG �`N" np vr+Y G��n �'<no�0n p�tl gwo 0"E .S C' pG'<^gip-'$o -at. 'e0n aF E bm pn, c5on HM a�nCma' h�R o"o� ""c»'Cr3 $ccaSS�.h° yp. b��PCO °"�� h %� Rwxrtoe EF s nn �O em ;° n.o' am na ° ., nn n r n _m 5"E�vX�R� a•� g�0 m',.x,ano90 s^ o°o o�� c$≤ aOpp+6Se wR?�°^w5m�<G5-�n'ie npp n0�w.•G���° n'- -n� nG S0xZ 6o "1v/R w°o°<w Egnn �R �E°°n(mx(mJJn°n.' 9n aWfo xIJG SE :03 ^n:r ST "a "Sq FS pCp ro�m `d. gil �nnrQ�. ry N�n<sCpryn. RYb mnF �p �F s of p Na2W nC7p0�'�Cff �� QrOj�--]] Q@�@N °p� u �" ,^TS nE HM m V9°pn "�w 7 o "rE.�ES �a �$a5mn pcC, ..$�So Fear"eBiRog 5'Cp'$ .n mo'°r n on ..p o °5P aR 4asapo nC .7, 5 s x5 R W N Y S 0 ry J ti '4y -IN nSM'Onn n2 b N J ^ n S N SSS9 O .:� n<o SO 'or, OaN Wnnn C1m�T Q• R O rr P A y O ° J n _ T O b S v 0 Y N ° l p < w. lb AC 6 W Hn a O T L (l Y r 0,r, m[x o Y 0 rN 5 < S0 r0 o N n C co " b n n W 9 0 Y » S O Af 0< O A x rt n n a N n J Si J u% n 3 5' < 1`V N W n n N a ~ Ov<x m• j� C' 7 n r1 < N£ rP W< T b n - YP V 4y Yjrn .O O A a• Ip-i D. P O Y -: -o ph Y O S ry' n Y a r V v C' WNypb A .T O' 'i Am p n n .9.9 P Y R — O n p n p y O 0 ~ ("n O N Y C' rn NOJ n " N m x H p i'n y p u z m b if O n T v m n T y V rip n C O O a 0 li C, N Mm C V 4 <w GGG9 N n m x otfl M a N fn 0 o" ca S 0 n o S w � � m y a � r �C] Mpy 0 D 0 5 m 0 Do s x M 2 v, a x P X x 0 P S V I 4 La C 0• SD 9 9 I O O 4 Y• c F; FL N Y• N 0 N 0 n C n C- I-. n 0 ft N. R C O Y• 0 Yi II [ / rt ri \ ii § ;4 §b / s ' { § ) (tlj t §, U LL ; }� \ \� ; C ( ; k \ / a m f aI 00 n r�CP �Y HN pp 88 S 1y w !. Ne7 SaYN'D •i (inj 'I �` II �a AmppH A� �S�an35G Co aQONeg.p�=cga ay I •X�n n..0 666 �•f < T• NOv ' ZH o 5; 'oa0Ro'NNg5 x j° °kV:s M5 �xa5-S wy 5 �'c 'qsn o2i'po m b 36g�"o�aq�5 ip g cw T" owo m go3G7 5 a o n � �V Io vn>y RW NN•j (1 n m °r! .g n n no no pC*CJ' Ca�a.� n N;.�5`pBc 5a�Ao,a Q N r N ^ C\ r T a a T° N o y N n I — ry GwA o 7CpN5an .^. I-> • p+ p° P eZ ti V R ry O n N O O I o+ u dn° �axnm v.n. 5'•° o " 5 Q° o Q a p nn N S a n _ n m I - E p 0 t1 n p b r w 6 H W R7 p' o T n p .nG'cn Snw 5 I I I 1 1 I I C 99=�ap�i�aNp(GN httOvwP-. '�..kabOaOY^ .. Ytl .�T5 T5 Par ". OnIT-. Om n1a'E^ ? LXS n0.� O'm �°•a G'°momnp�7nW2 ..o ��p vii an N ���dan2�S$po_Q�co CC$ opSp�T a T��....772 ppyy n.W,. IYv �pp �'•o.6S„TpS a p0 TO gg `C n.. eCnSC fe"li �� ° b q •ln��C O$ t°C1 t\}}��n tty �% ~OOaQ ��an $�. Feprp56�v9S� S °'lip r &Gtta7on w� S'o Fv 1.. tim°pP°• vmooa i°°aS n �n mow aatom5S .. CSC oy"Wpoqw p•g TT . BA O"MN R�On<p^'x ...R b.YGn Gp�rtgVl� aC �l"` A�n•yt, a° O m O N Yn 77T Ht6�i O p•oi Vl or•a .^.. ' c.p v�E o ppp" �n,�°\•. C)m E.'°�QQa° e ^wm�..'>!+ B �i'p 5Ym°•��S W, OD OX S.. �R C°m N^nn 7W�a�$� 9 .vt"wg �m 5 0413 $01 n NRA 90M� pg.gis'�p T pg po'^'$ a m nop n �i f ff ��n �Y-nrl�010 �O yPu'p iS R' $twr 5r Wp pagRag" v�.N'� N a.p N 2C w. ap W N [�J O N— ^ 5 jr bw �� Q Y gb�'w °•w $000 wSlr w3a^�'@ L. C. o vw ow n�3p ^Nn 7H $`a p FeG _w aY� Ba$ $ap5��w" e,B�aSn°c^�,pw65— Cn °5�omn°pn8.�.� aaii �OnOp^� �� mQ�p5n^" Gy -96O m' IDR p9 T'N ^—RVs cee nn" 1 b-5 ry�C° V <NNi o n e',Rpa "TQTy� 5Sw rt n< O CtY roPp E nnT^p a^" ^P`C��° ^ rt1E na It iD p. tf N�g°$Nff Ga aIoQ e n n ^a n ry�N 1=� 9 5 .,n g�,QTTT_Co 7'i'Nti Ci y�'•°'n'Ott �Cn0 n...O b! a_Kn n n�+� o t •• l6 �.� n �' �" V ~V prvT w•ni n ° �i t—tn QTm` p Ay ��.�°.0..� N"n nrno 9 CO9n0 @ n $ 5m M9 m5 N 5N G°C.v m�'b^9"oQT nm n.y`bC `d.g �0`Ii, O. C. �`j�$�u nvN Tn V pp3 P n P T �" Q b .t �'Cn Oc C v iL ^o R T Coo n T Tb+ T�a�a o�'v nnogm�acpje 9n:S5i6S KFc N$o m8 prG 5E n mp g �A pYa ��`y�ny°•vob@p��'o pppgft ��TN m�9Nv3gHE S aor•,a3 3a" vn c l✓ Sad °'JrR„g� Q$n$5 °' stn awn• Voop n•big]'n�`�^'"Is '$:��5.a°s A, 0,R aGa0 °c, epaS*0° n$mi'5Np'C'0°'mT�° y�' n,`°•°• E�npO�,•, �0�, ttN�a•°• p S n T ti aQ $ " ^bwmOTrt �ppnTF n^p '�C �M O p� 5m 6'❑ p'T� g yR. n C. 666iii n �ro- n0 & l lb rip ^ —p > 1p.EV }O o' •p.$p BT p^. °'5T Wn^ T py.g Ci T� o S D 8nS°O-0 G't'o �$o°° ^ ~ COC �' .T I✓'TRnO np�'� a? NRn�p �' mySn d k ^o p'�' 2+2ryN n�jy -w ,^�•m`v5p^. NUJ a"5^ T�a�p w5c�E�°-+ 88°ooPq noOvaC• �T g' ..� �` x�N�•5 m�"n6'a',fi_ST�'g°>°g'^F�$ Rti p x a M'°�'�m a a 6wle'a D ,MQp g•°.R pv�o S1Q"yn� C90 Orin+<m �_ �5 rt O pbye<wT r� <<Rwn rl�ab I"iR moan* y" nnP�n �, O N t�ti^ �jN ° P tat �' 13j' yoo p,$ ,^-oo o`�r7o 5GIµ^]gym (j"^ ^' oOQ�q�y�gy ,., Q ti1w N • i-•Y •1 Npw��"'Y •±'�nNNaID t'...N N•)b Op gV' rd�n0 ' &pS von B mdEco �`mmon nm�w ��RaN�mv�u `nmEDT nmJm �`tn c _„"v gg•cg8 vv v gw:o _nv tn'c t?v'cv ov�cv <'00 v v 9 c6 oBn"HR5R�85 s5�H5n m5 O O_ O' m n y n Fri P N Y a m N Y W N m W 6 a A P Y G' W N m a W N m y i ° w p7 f°Oon RS on o XX.X n'J� wo X XX % %X % % •Nx<x 0ZA �XX<x TX6xtl. XX°a WYCW WmaX0 W 9 �wmn 9^eq cNmn co^m aEmn am aC WoF o n cEon m c V a c.o > v `� GEC& a0FL5 "le I w m ar-9 a 02 Ule ��om Ea" ' 0 Sync O E,f w �A' N° O E,n Aan+� nm OE� Ama O^�v C j p �n� r 1] Pti�4 N.n,•ND �<�A mTC1 ^ ^O(? 0 »CR �.n S n eQ n r �. ,"j r m C. m• (C w n .n.. G t.' °_ ^ .1 _ y G n.m.�a S oryr—gtttl ' G k e' p+ ` rym y O V n 'G n< K Fi+a O X'• N'4 rt O V S n W G A n n n n rtn O y C N N N m O r nCcq c N 4f nR ST n SV n n� rNr<_^ni fn. 'r`I n• tr J� O r O sow oX o mow_ o off. �c •• W ap np<nvC rrta rmGmO 9 S v�m�^oC.rvm9 mN� nnY^y5mm•'G5gm 9pSnWOi wna7^A 3i a-. �• ", .. L. 4. mGmomnmp>"fw.A °'UW° to r f'lr�, g P p• r 1 r• c`"m<G-n�a� �, onnoav �g „ nGanvNv �v a .q� ', E,ASnrtE Sti.-. �7 m?g:03 p �ne� E ��GmyYti O'[oGCpn G�i �r��ry to `� E.n 9"aE•TRm o 'r _r`<CJ'f7, f. �I (.,a Watp pZ rO wn.Z0 tn9? Nr:0 N °my°mp�na7'aAmQo°a° � a''mMm°cn-n°'N o"mn2S3�^HaPw5jx 8 pq rs59 s1°�7mn �7am<oA- �°mnm�b mW °^.m �m.my ti0 Mx t nwo"xm' ,A ' •Jstr.>rypm�o�- m�.p Srn�WO^Nns t5'"M;.''m�y' Otis F' amN_o rtO_nEGnm�7XNro 70 .:n ivOnor0� pnp��p�mmA �T=x•v�•1 Gr •"W° 11 0^ mort mNN°E;• °9Ego ° n np,-m .� S^nb ;oc °. to �mma °n wm A m O CT •�X Ee'T0n O'pp.. n W p N �}• r f. r0' b �( n tTnn �, rm n m a_r F •y M g y yn yonr :-�.ro<� n7�7p y E70e `° �imy-n, - nom vmx niPnp.Y a�°p+n� a G .^.q.%m n 5 AOa <m 'a' aaomy 3C^ mn`m ,., dip ',d m^ °'�+ �o G'T s �C R'.. mm G n�� �nn °_ V mo ° wn m 01 .msna , Py 9 mot_ yS�e.m. rHay w mC,^ �,., ryWO �'rt N Ong r a y99 'S0g G H OS ',• W p9 no E�a rnaoQn Wo'a. S v'mE 7n0<m' o�r C. AYmoN G O? c °m _ 'n1An^ my °'A r M fr `W S V�rry m m n J+'Jn y G 0 o ryr• gnm,r 7.a P' m aOgO. O 0. C ti lu m rp 5'Vn m y� 0 T �c o°t2C<�S26a�Sn m mmmS E m n Ca�5 Ecmw 5 n r r R< r N F p 3 r C a 0 m m^^ 0 1nn.r^mo^'m7 ti m6�wmmam^.°.� a -- mss s'°+'°+r mw Y TEi5 `a • �wGtiv nmw s' .... I L I J I I I I TABLE C-1.1 TIMBER TRENCH. SHORING -- MINIMUM TIMBER REQUIREMENTS * SOIL TYPE A Pa • 25 X H + 72 psi (2 ft Surcharge) DEPTHSIZE (AcTUAIJ AND SPACING OF MEMBrRs •* OF TRENCH HORIZ. WIDTH OF TRENCH FEET VERT. VERT. MAXIMUM ALLOWABLE HORIZONTAL SPACING (FEET) SPACING UP TO UP TO UP TO UP TO UP TO SPACING SIZE SPACING FEET (FEET) 4 6 9 12 15 (FEET) (IN) (FEET) UP TO Not 5 6 4X44X6 X6 6X64 Read 2X UP TO Not TO B 4X4 4X4 4X6 6X6 6X6 4 Re 'd --- 2X8 UP TO 10 UP TO 12 4X6 4X6 •6X6 6X6 6X6 4 8X8 4 2X6 UP TO Not 10 6 4X0 4X4 4X64 R' _ UP TO TO 8 4X6 4X6 6X6 6X6 6X6 4 8X8 4 2X6 UP TO 15 10 6X66X5 2X6 UP TO 12 6X6 6X6 6X6 6XB 6X8 4 IOXIO -G UP TO 15 6 6X6 6X6 6X6 6XB 6X8 4 6X8 4 3X6 UP TO TO .8 6X6 6X6 6X6 6X8 6X8 4 8X8 4 3X6 UP TO 20 10 XB 8X8 8X8 8x8 8X10 4 UP TO 2 BXB 8X8 8X8 BXB 8X10 4 IOX1O 4 3X6 OVER. . 20 SEE NOTE 1 n N C a. y 7 nikea oak or equivalent with a bending strength not less than 850 psi. Manufactured members of equivalent strength may by substituted for wood. TABLE C-1.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE B P - £5 X H e 72 Pat (2 ft. Surcharge) SI7F (ACTUAL AND SPACING flF *• DEPTH CROSS BRACES W UPRIGHTS OF TRENCH POCl2. WIDTH 'N VERT. V g7 MAXIMUM ALLOWABLE HORIZONTAL SPACING UP IOU!' TO UP TO UP TO (FEET)LSPACINO SPACING SIZE SPACING (FEET) CLOSE 2 3 4 6 9 12 15 (FEET) (IN) (FEET) 4X6 4x6 6X6 6X6 6X6 5 6X8 5 2X6 5' TO 6X6 6X6 6X6 6X8 6X8 5 BXIO 5 6x6 6X6 6X6 6X8 6X8 5 IOXIO 5 2X6 1D UP TO 6X6 6X6 6X6 6X8 6X8 5 8X8 5 2X6 10 6 UP t0 8 6X8 6x8 6X8 8X8 8X8 5 10X10 5 2X6 TO UP TO 10x12 5 2X6 10 8x8 SXS 8X8 RXR5 15 See Note I - UP TO 6 6X8 6X8 6X8 8X8 8X8 5 8X10 5 3X6 15 UP TO 8 8X8 8X8 8X8 8X8 8X10 5 IOX12 5 3X6 TO UP TO 10 8X10 8X10 8X10 8X10 10X10 5 121112 5 3X6 20 Sec Note I OVER SEE NOTE I 20 A Mixed oak or equivalent with a bending strength not lees than 850 psi. ** Manufactured members of equivalent strength may by substituted for wood. TABLE C-1.3 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS e SOIL TYPE C P - 80 X H • 22 psf (2 ft. Surcharge) a DEPTH SIZE (ACTUAL) MD SPACING OF 1EMB •e OF CROSS BRACES TRENCH RACING WIDTH OF TRENCH (FEET) UPRIGHTS (FEET) MAXIMUM ALLOWABLE SPACING SPACING UP TO (FEET) UP TO UP TO UP TO UP TO SPACING SIZE SPACING (FEET) (See FEET See Note 2 CLOSE 4 6 9 12 (FEET) IN. (FEET) UP TO 6 6%8 6%8 6%B BXB 8X8 S 8X10 5 2X6 UP TO TO 8 8X8 8X8 8X8 8X8 8X10 5 1OX12 5 2X6 UP TO 10 10 8%10 8X10 8X10 8X:0 ioxio 5 12X12 5 2X6 See Note I UP TO 10 6 8X8 8X8 8X8 8X8 81110 5 10X12 5 2X6 UP TO TO 8 8x10 8X10 8X10 BXl0 101110 5 12X12 5 2X6 See 15 Note I See Note I UP TO IS 6 8X10 8X10 8X10 81110 10X10 5 12XI2 5 3X6 See TO See 20 Note 1 See Note I OVER 20 SEE NOTE I -. -- "•A"' onn U• equivalent with a bending strength not less than 850 psi. •* Manufactured members of equivalent strength may be substituted for wood. s TAME C-2.1 TIMItER TRENCH SHORING -- HI NIHIM TIMBER REQUI REMENTS SOIL TYPE A 1' - 2S N H 4 71 list (2 ft. Surcharge) DEPTH SIZE 4[ ' A• OF CROSS BRACES UPRIGHTS TRENCH HOR IZk1F4X OF R'NC - VERT. VERT. MAX IMIM ALLOWABLE HORIZONTAL SPACING -WIL)TH UI' TO LIP TO UITO UI' TO UP TO (FEET) SPACING SIZE SPACING (FEET) 4 6 9 12 (FEET) N. CLOSE r 5 6 8 Not Not 4X4 4X4 4X4 4X6 4 Rcq'd Req'd 4X6 54X4 O Nos Hoy 4X4 4%4 4X6 4X6 4 Req d Req d 4X8 TO4%4 O 4X6 4X6 6X6 6X6 4 8X8 4 4X6 104X6 4%6 4X6 4X6 6X6 6X6 4 8X8 4 4X6 4X4 4X4 GX4 6%b 6X6 4 No10 Reg4d Req (d 4X10 4X6 4X6 4X6 6%6 6X6 4 6%8 4 4X6 TO, 6X6 6X6 6X6 6X6 61(6 4 8118 4 41(8 L5 P TO 12 6Th 6%b 6X6 6%b 636 4 BXIO G 4X6 4%]0 P TO 6 6X6 6X6 6%6 6Th 6%6 4 6X8 4 3X6 IS UP TO 8 6%6 6X6 6X6 6X6 6Xf. 4 8%8 4 3X6 4X12 TO TO P10 6X6 6X6 6X6 6X6 61(8 4 8XIO 4 3X6 20 P TO 12 6%6 6%6 6X6 6X8 6%8 4 8X12 4 )Xb 4%17 OVER SEE NOTE I 20 • Douglas fir or equivalent with a bending strength not less than 1500 psi. A♦ Manufactured members of equivalent strength may he substituted for wood. TABLE C-2.2 TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE B P - 45 X H f 72 psi (2 ft. Surcharge) A DEPTH SIZE SS) AND SPACING OF MEMBERS *• OF TRENCH NORI2. WIDTH OF TRENCH FEET VERT. UP TO UP TO UP TO UP TO (FEET) PACINSPACING PART. MAXIMUM ALLOWABLE HORIZONTAL SPACING 4 6 9 12 UP To SPACING SIZE SPACING (FEET) 15 (FEET) (IN)(FFn CLOSE 2 3 UP TO 4 6 5 6 4%6 4X6 4x6 6X6 6%6 5 6%8 5 4X12 UP TO 4za 4x1z TO 8 4X6 41(6 6x6 6%6 6X6 5 8%B 5 J%8 4X8 UP TO 10 10 6X6 6X6 6X8 5 8X10 5 41(8 See Note I 46X66X6 UP TO 10 6 - 6X6 6X8 61(8 5 8X8 5 7%6 4X10 UP TO TO 8 6X8 6XB 6X8 8X8 8x8 5 10X10 5 3X6 4X10 UP TO 15 to 6X8 6X8 8X8 8x8 8X8 5 10X12 5 3X6 4XIO See Note I UP TO 15 6 6X8 6X8 6X8 6118 8X8 5 8RI0 5 4X6 UP TO TO 8 6X8 6XB 61(8 8XB 8X8 S 10x12 5 4X6 UP TO 20 10 8X8 BX8 8%8 8x8 8X8 5 12X12 5 41(6 Zee Note I O2ER 20 SEE NOTE I .,t_.._.__.._ . . _ nh s r *1 Manufactured membersof equivalentstrength may be not than 1500 besubstitutedfor wood. N C V 9 9 N C P •o 9 TA ill: C-2.7 TIMBER TRENCH SIIORINC -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE. C P • MO X H f 72 psi (2 ft. Surcharge) a DEPTH S •� CROSS UPRIGHTS OF (FEET) FE HORIZ. SPACING (FEET) WIflTfl VERT. SPACING (FEET) SIZE V. VERT. SPACING FEET HAXIMUM ALLOWABLE HORIZONTAL SPACING (FEET) UI' TO 4 UI` TO R UI' TO u LIP TO 2 UP TO IS CLOSE. UP TO 5 6 5X6 6X6 6X6 6X6 .8X8 5 8X8 5 3X6 TO UP TO 8 6X6 6x6 6X6 8X8 BXB 5 10X10 5 3X6 UP TO 10 10 fiXb 6X6 8X8 8X8 BXB 5 10X12 - 5 3X6 See Note I UP TO 6xB 6X8 6x8 8X8 8X8 5 10X10 5 4X6 IO Up TO 8 8X8 6X8 8X8 8X8 BX8 5 12X12 5 4X6 TO See 5 Note I See Note 1 15 UP TO 6 BXB 8X8 8X8 BXIO 8XIO 5 10X12 5 4X6 See TO Note 1 • Sec ote 1 20 ce lore I OVER SEE NOTE 1 • Douglas fir or equivalent with a bending strength not less than 1500 psi. •* Manufnctured members of equivalent strength may be substituted for wood. n^� 2LR5E1J a a !� .DSO w:m nW;F5 „a3 `C$ is ?N ? m m4• N .•N?a.maa �' e'�E @ O �•R �" r.BQ �.Q E y�Li m G^ ��%�� 7D G"N Y em ° PO.� V`.'�p m 3° p p"i 7 =. o m mrvN"o�a� 6Vz"?"oj"RE p8 to R5 g E H O NS. vo3 80 vWg Y_ ?m �P� Iss U 5 1Ta Ye 6.v tflo to �5 o5Bm s.�^�•.�.? W' -'o ff 9v 5�'m�w�Bmo� E7� S°oBA P1 0 ymn a8. mm tpppp agm..ry 0�ao a W N OI"l �+Y fl Eg^ V �• ���p+B mm0 fn py,C ..m gr 5 .HC. Ra 5 $•...a 0o5 °':. , V,d P 5n �� a "�e ^ ^ �GC50 ian J5G�nm�wm N7 C ��5.m c, C tl$ '?° ?����, H:3 7' pa s Xaxa° ,E^r t.. Fe B'm8 S ptig °'�=oa °cR+5 pomgm ovm9���F•"5 ? 8K� �oBEr �:° m^$q9' 4aE g� �rr a�5 �°c?.. � aE w��w mm °, m. :m 6m°, I aay 4 rm Rri��P!. R°.mGY aB°. 9�.�•°,.K 3 pv [,??�!?m?E °•SwGW�� '1pY-.j Y^e+�djrr nay rn"OW 0n N'+ O whN p J 90"00 f? M ae �S O� W n1 aN°�3N;�i.n??�•' Sn'� O'�^"" V v mPfyB ,. (b WP 80 oB�a<33aa ^;n"5 ?vmtbcBngBm?c 9Nfa °7�.p Ec' Cro m`�trytry�a b C B. �'. Wow m? O m s mB b01'OV mnt� 0. W v Gv� Q��m"Q?oAm'ti�aCy CCa 88<?mmxmmH�o IiiHliut< �?am�N B m C,0 o�°B�g�og5:5 k 8 m"' �o..5" I�rtBB8nA.�- oaa�' Y5 ..t' fII e ^ A so s 'aa PoMug; MM?� g008 �m�a5�. a.na ?5a —a 5s C g.3 p. C C to Ee. �. �� [°�i° p• 7sa"s�, " Q ' $ ��� s�.'` � s� xm ..o 7'�'n•»��mx 8.�,m qm Y� ,7n °N a BaB1 g B >t °F7 v^= $55 ;• ?� 8,mm n'Sa�pdH ^m5�-'o`°^m x m ."e �o om8 5aBomv„ RQ�b°8 8y<Ea5p o8m<5a o' " l700o ME.5���.°•r �'�15Ea1758 m5 V5��n��� °litho" ' pw Wyg .Sj y53 r^.� ^r N'•N HER qO. ^�'T ffo qnp• l�+�ryry^ryry'rppp'rii� !pp°C'J x'afl Q gam' QA nr-] R ...7 p p,N,n 5• (D iC ''°�;(�1� � °'E>^I � pv�{—� ,p,< C p^r^r' 1.go x°x--N % EO naEo0 P m Cie m�9gw dH1"e go> ii ;n 1'' `B 'm tyn'y\'N'`IYo tf0. 9 rtY a.O N�F�q < nlr.' in ti19 •1 •COkr. N •<da(D M'. 0Opp00 n Bp 2 w59^n 50 E5 �.•n '" v n n v r�Om .. 8 nHgY\+E n6 p^ m Y Y ',' an Y^ Yn^ P -� 5 au00grop $-a8 n"ap'�a ppa mm oa0ma R•^^�OEa ..•-Y•T Q y ogaRm �co w v ao v E7aao ap,e nm �wm6 5a°^^��7'f]•afm �E os�,s �5G'a� em aG'm`'no m �\ 9 O 2 -• Y Y r 05 w fla' a" wo mY n yam"-pyP °"Y noo. •.I� ' - AO ^'•1 lip ua> ^ Fa07 CR .o.�"Nra<Sa Sc o -EM 75M gr5.m NO5.. S O 0 sm �+m Ma iffn. 0]Y�.o'ca�o�w h`�S%-;•5 om��3o h I "�r�aoS°o�a $aaop`��Naaga, wn O�yon gY o anJ pjQmv o. oy^�7 mm rr<n„na9 P v ,,,, $.� r.P •. c, o� ���a—E rn�mm ar—� -•aH Y as F:.o mGV �oc..,0-vmE 5B M 5mC—dwa^ao^p r nAna^trl o ^ d�5T,aa m ^na °awmY c^5w Mocp. �.a a,c„� a`n°m�rt n .,C, I arc'D x00 oa°?FS��.`Qn5c mfl5a s-"aXNry'nob] _opw`�-5, 0�0 ^'•"'m C .\O aou Rr GO5 Y0O n.,mm A O.: pYrmumi n m m n W CEC m^ w Y ^J m m q a SIC V✓ 7 m ^ 6Nh� w C5n n�.10 <_—aa<v 0 an x nr�ao- :1 O o ^57 �i�+mom °�pG�GG ao aon mn C°C�YmmIyri m'�m�yy tww, ate`° a .^ m° mR (i ca ePi .°iR6�n 4. (p Cry if P•a �n �•6h"Nd;QN amm Sm P. .i,M rm•w mleN^o m +•°e�°Ic�rd y3o 0.r7 pp <m �L I^.yc m N•7 ao ^ ^ O F m n W m NO.^ O.\ ..P r0 alv°y�vNm F Fro v err r 6y Oa�6 O a FD NwY rPm00_- ^_S• ° ooICE E Ca a��^— caB _°c,• -A" on �w 5m$v t m< ^mm° nmm<n n am W- m� wr maws �.$h1. � 'n m s>r.rxm p� .rY xm,..,6� x5<Nw NN m 5'*] +�m �' N •o two n4ocrrvo�0P�O wCC3xSWOA`a°��x °pyB-R9a°.M<Oxo5em„7 o op^�'vw ;c o 7p S}�lO6a'<� S 0.�`a1^m 3pw� mw o� X v h m as ij C S m�m W r .- n ° 0 a m w n �y• ,� d�s•L •nE3,.c..NaF�� EE J q NaO.^Nr M a49 -p X . ., Q�nc5."o°�5FFogm,a,w�ti-m..\.k-c1�'tn..a w0 c ^ m�a,.,am�tim� ^ M n 'U rrom otr 0. nan Owa O c, O ti p Jr rO'^ A 5C O nSomm °.\S�jop,^v {v0 7 mo '$N~Qr Ph'p n5 r aCwC N S O w m' N O CC .°Y. a �" C�� 31 F w N •,- 3 f] Ci p Y m N O r... n i v Y!, P C, w na,., TP .ri 0 m'. �zn iom C iA5 pc �Y m YOaN m YO a a w C vRrn YdN C. a- 4Nft_vo_3n Qp�� otica7 �P o 'o ' .. n°'F 6m 6 •C r<. �. n • YaN 'ry' �N Ei -I -m °. °4 O H )• , a. a A n C ' na iTo n) "' \ii�l i j30 " ^-e. -.-r0. r - . - d 11 9 0 , FG n C • " K • a D o i "w - Z s D C — 3 D r = 3 v v a •n ) -. S ' 4 n) w r O S s o n n a ) ,n r I Ku r lrny - a q ryry • F a[ , f�➢ D Y tj{[ I. • ya Fm Z 2 _FFztN e O w O V n z n •n n n- • Jr.... i• n . N a J ) C - r cc C - - o n .• o •) T. V nC D - Tr n -{ n TABLED• - 1.1 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE A HYDRAULIC CYLINDERS WIDTH OF TRENCH (FEET) DEPTH MAXIMUM MAXIMUM OF HORIZONTAL VERTICAL TRENCH SPACING SPACING UP TO 8 OVERSUP UP OVER 12 UP TOI2 TO15 (FEET) (FEET) (FEET) OVER 5 UPTO 8 10 OVER 10 8 - 4 - 2INCH 2INCH 3INCH UP TO DIAMETER DIAMETER DIAMETER 15 NOTE (2) OVER 15 7, UP TO 20 OVER 20 NOTE (1) ' Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D. Item (g) Note (1): See Appendix D. Item (g) (1) Note (2): Sec Appendix D, Item (g) (2) —_ I. I • TABLED- 1.2 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE B HYDRAULIC CYLINDERS DEPTH MAXIMUM MAXIMUM WIDTH OF TRENCH (FEET) OF HORIZONTAL VERTICAL TRENCH SPACING SPACING UP TO 8 OVER 8 UP OVER 12 UP (FEET) (FEET) (FEET) T012 TO15 OVER u/ro TO 8 10 OVER 10 UP TO 6.5 4 2INCH 2INCH 3INCH IS DIAMETER DIAMETER DIAMETER NOTE (2) OVER 15 5.5 UP TO t2o R20 NOTE(1) Footnotes to tables, and general notes on hydraulic shoring, are found in Appendix D, Item (g) ' Note (1): See Appendix D, Item (g) (I) Note (2): Sec Appendix D, Item (g) (2) N C P v v v S I, C 9 O_ 0 3 0 0 3 a 2 0 0 D a 3 N C 0 7 4 a TABLED- 1.3 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOII- TYPE R WALES HYDRAULIC CYLINDERS TIMBER UPRIGHTS DEPTH WIDTH OF TRENCH (FEET) MAX.HORIZ.SPACING (ONCENTER) OF TRENCH VERTICAL SPACING SE('I30N MODULUS - UPTO8 OVER B UP T O I2 OYER I2 UP TOTS SOLm sI. 2 FT. 3 FT' ❑ORIZ. CYLINDER IIORIZ, CYLINDER HORIZ CYLINDER (FEET) (FEET) (IN') SPACING DIAMLTFR SPACING DIAMETER SPACING DIAMETER 21N OVER 5 4 2 IN 8.0 NOTE(21 8.0 3IN - 3x12 7.4) 9.0 2 IN 9.0 21N NOTE(21 9.0 3 IN - UP TO 10 14.0 12.0 3 IN 12.0 3IN 12.0 3 IN IN OVER 10 4 i.5 6.) 2 IN 6.0 NOTT 1 6-0 3IN 3x12 7.11 R.0 3 IN 8.0 3 IN 8.0 31N UP TO IS 140 111.0 3 IN 101) 3IN 10.1) 3IN 21N OVER 3.9 5.5 2IN 5.5 NOTE(2) 5.5 3 IN Is U 4 - 7.(1 6.0 3 IN 6.03IN 6.4 3 I 3x12 20 14.0 9.0 3 IN 9.0 3 IN 9.0 3IN OVER 20 NOTE 11) Footnotes to tables, and general notes on Itvdnulic shoring. are found in Appendix D, Item (g) Notes (1): See Appendix D, item (g) (I) Notes (2): See Appendix D, Item Ig) (2) • Consuls product manufacturer and/or qualified engineer for Section Modulus of available wales. TABLED -1.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C WALES HYDRAULIC CYLINDERS TIMBER UPRIGHTS DEPTIi WIDTH OF TRENCH (FEET) MAX.HORIZ SPACING (ON CENTER) OF• VERTICAL SECTION TRENCIL SPACING MODULUS UP T08 OVERBUPTOI2 VERI2UPT015 SOLD 2 FF 3 FT HORIZ SPACING CYLINDER DIAMETER HORIZ. CYLINDER HORIZ CYLINDER (FEET) (FEET) (IN') SPACING DIAMETER SPACING DIAMETER OVER 3.5 6.0 2 IN 602IN NOTE(2) 6.0 3IN 5 4 UP TO 7.0 6.5 2 IN 6.5 NOTE(2) 6.5 3IN 3x12 14.0 10.0 3 IN 10.0 3 IN 10.0 . 3 IN 10 OVER 3.5 4.0 2 IN 4.0 2IN NOTE 2 4.0 3IN 7.6 5.5 - SIN 5.5 3IN 5.5 3IN 10 UP TO 4 3x12 - - 14.0 8.0 - SIN 8.0 SIN 8.0 31N 15 OVER 3.5 3.5 2 IN 3.5 2IN NOTE(2) 3.5 3 IN 15 UP TO 4 7.0 - 5.0 31N 5.0 3IN 5.0 3IN 3,12 - 20 14.0 6.0 SIN 6.0 SIN 6.0 3IN OVER 20 - NOTE(1) Footnotes to tables, and general notes on hydraulic shoring, am found in Appendix D, Item (g) Notes (I): See Appendix D, item (g) (1) Notes (2): See Appendix D. Item (g) (2) •Consult product manufacturer and/orqualified engineer for Section Modulus of available wales. N C tr V ti n A I, C a 0 a 0 a 7 a c I. 1.. 1 I. I. 1 1 I N S a Om S• _ > A •z rOy mr C Cf 7 - M N Nn^ O+A kp^ Q r p •1 N P n p r n n N5YC 4 ° d m sue;° y C1 "o k Y. m— N m 5 7 ., 9 „ n O Y. v0 Y. ] „a ti— tl A n J .J n n r AFon z A Y n y r N 60 ] p n it A m^� G O P n 5d C a m T m m 'V 69 q vO < �n A 0 N fro - I,. n d Y. n ^ N �yJ r - • N S 0 n n Op crn n< ii A Y M .y p G A r 0 m n J O n o M^+ O O P A '° w n J ^qqry C. 'O 0. A ^ N^EGo n Z b 6 ^ -' OrC T N O • 0 z K ] o O ti m A n fn "' n ° T m m 7 n 7 S — W H 00 — X n M G C Y. ] d A p ] J `° w C 5P 5 y ^ N co no`° G ] n a m O °� a alit r E?P� O 7S'UI.— Can Cm C ^ H^ n v o o O m n ] A o A A m^ •p J m b c wW- aN naN 1aN nryp Y. Y. p'CP rmCP C Y. m a a ] N n A M. • P O O Y. •+wn • P O W n . P O O O J A A 6 A m 4I� V r m A NTI N T m Ct O n n A N N n O A N N n 0 N N n m n . • m' .•. C A Y. Y• S O O 6 Y.n'O IT 0 O O>.0 A] w Y C J a n O_i A 9 S J O]Av nS' y M n A ^. W in n N .*.l r C - CC a O o ° k n A an v ] v - •+ 6 v r+ n N v m C ...n n mOnc M. Y. O Cr' C A Y Y. O M. m Y. O C Y. Cool Y. ] 3 a O n n C. ^ w ro m o Cl Y ] n m on. M t Ph_ n (0-. O A n Q £ 7 Y. A Co — J'3 .• Tv- �. a. C 0-01 O. - O P n ro r m r A r P n m O o n 0 N n O N n N n n A Q N Y M• no. O •-. 6 M n ten C m 001 •n W n Y. k ..fl m oa n n C '-„• \n m O A F, non N PO m P m O w r N 0 r O C ro R P n O fl C a. M.`_ 9 9 • H J t c Q - Y. z o 9 a Ti I ' N N 0 n �-' 0 O w d d d lD n rl O m Oo d N V 0'G O• FA C 0' OG O O• Y.S 0. J Y' S rt Y• . ,t0 0 m d m O a m O J O N O on m J I Fi N O` O n d P O n tnv Y• ln9 .. J S r A m n tog w S n N n y v n W d N n R O N N n Y••C C Y. Y. d N Y. S •1 N ID O o .. ( Y. S p-'0. Y. ^ 0 O 1D Y. N R R O .. N d .-. 0 d r Y. 0 n 6 m n 0 0 J n n JJO •w D N n R n n J n 0 d .n. J N d n v 0>'-' r n K Y• 0 . •y Y. v d n n .. w S G m^ N n '' J' n o n Y. 00 n 0 ^ r S 6 d W O r N d VD 7 d 00 o T d N Y•t O V O£ d N N£ N N ? .1 n S O R S O O �G R •S R N IO a n 90 n Y. N O rt0 J n 0 0O d • OA O? OMMN n J C J O Y•.O d �C J .a m n Yn C n J M G v Y C v 7 0 Y• 0 Y. m Y. O Y' N n N n Y. N t-' y Y R J nGi N O N • n 3 d O O' Co n J N �. E N £ N ? C. Pd n v n H 3 a a O Z !n L C I Ii I C OOMG mnG'm. c10 n'-Imc. pLrymytm u� pmm N pt O W�rs 0 rnayV5 Y°���09t0+y . CMj'rtb cC9 tl a N' N t°G'<O.�h `.n n°E 0 u'�' 6 SOP i�rO N p�t,0 mV T 1p �' �n O.MOr. a♦n OEyc��YtC 0''1 O V O rT'C1O rtyN m°'�y (inn n 0nd p°p� v❑ 5'7m Moc� o A°O°J e c 00 �O ��n 5�w�y%�n41 ti m n�•y 7'w t.�Ct^]t'~ O`''°O in'�'i�5°�! '1 MU �x�. an �, °•a ^0o. � HA »mvcga�o°o0w�to•°yo aO0 R° P ammo wrtn wnC am o.000.Ptitf„.aowryrnvc�y-.c�° 53° so or0 pr ;;7 M .C wa R5m 0. n rt... M n n M •'J M 0 fD 0 N 0 ° (C CY'i% n cn+ °. l9'° b nC v t o7ob o out 1.i0°0o w"'rm., b bbdyoE ryb Crtrtn on 0�� rto.E° o.07S y�' Pn rty O,Ort00, �5' <n0y 0p n "I �n Pt �� 0 �50E mC O.n 0O Ort 0rt0n}�ii .•'3 00 O�p. y0 n],=.'f° OO 6y MW O•bnn C,, 40 So §A°mO0H 2 g0 E2 Eo}. o��mrv�m30 •5 R N e� 5 ^per .'°7 N N ly4 N y 'i n D• - a a r n YI Y+ ° In 4' A . tD . a n rt . m 0 O 0 ..ro C, C p Erk 'per•• p-lm�/JN 0• m gk ny �MNRm5y a y vWw OA • p y o n o v 0 w N �l W rop''gO pl wr A(�j• J O ga nuPC —n p N C C' 'p o U � pl ropro' - .m Cc lb 9p &°N55w>0 a '�C vw 4miv fQT �iv n� O V ....:. e C. o ^ w a =It"SLS FniE O ry c. A In to iD O • i� �M IP'ALD 0 m...4Cp ' ,OHO 000 6V"7'i C'JORyM .°..M t-O6nn` m u" m°-^mfc-c.-.e. DE M nOMNn 7 N` O p. ° R r° P. M N !J oG��++yy nCD ° A N P ^ N f'ii •O•. N N O^ m rVi W M T 't N N N m^ Nr 17. ^ O ry� ^ g y O C P o m o o •� nH n N on �1 .rt..s m'o w 03 Uy r 00 no na• 0 '+ o,-• n9O d020-t+M F n"P r n . 0 YO..nj r c - to m n n I•. m A c •-' 'C P M rt 0 mMGs�,' �j ... WOO❑nry n°m° OO Yw. - rte.y Li - w Yi'�r5Z' .p..�.n mtr°y o pC tN� R<O. O'n 5N7"J ay..n C_A.OG�cq+ i^'�.O.�OM'S°OGb Y"fJ �P.. 0.�0 •°y• �1 ID (D O'2 •'! '°'`7' 4 0.'.70.5X0 Y7 00 C. D''l CI oNI°.,Q Y5 O. r. q, n 0__ Ip mc. n�17� !yv«. ob" ^�myy'•'°�c� n ao" 0' U O o 0 0 G n t., ry Y• m 00 C y a R y< r b y N rt%n00 Ri mpRmCt-.0'ro oto C m.- 'ciw oE, �• 0a �rtntoo o p• r,fn'�w E Nn "o r Y OIp o NMwiy ry w�"..' 6 �C an � i5•o,y �,yyn 4h .��a �;- 9 aEA5'.+.wrt..r�Y�-� �ro tea„°0po.o �+ m0�•c°'� '�.B �� an �o M�5o Cep M'o� rya �9ry Mo �9 a V�rye -pmH m fp Vt Ct S w E° n° 0, ° n e.. y t" m E c e r0 g o o C n• n o nY�° O 0 0 w 6 N 0 n °' O° b n° O p 0 R N 0 �. ^ O. "T a tort-, O n n r rt P c p�Yt R =Y ry Y. Y. O O. X .q 5 a S rt t) V� e. rr ry n �. 0.- •q a 0 ...• ;Y _7 '1 _. '! C O - O S V. C V 0 0 J 0 N 0 S IC a. S 0 0 5- 0. 3 Ir 0 0 O T V ti. Fayette Tree & Trench, Inc. Jobs recently completed Sub -Contracted with McClinton -Anchor s Project: City of Springdale Powell Street Street, drainage, water & Sewer Completed 12/1/94 $234,939.12 Project: City of Springdale Water & Sewer Improvements Maple Ave. & Shipley St. Completed 10/1/94 $495,862.42 I As soon as is practicable after the first of each calendar month, and in accordance with the Contract Specifications, the Owner will make partial payments to the Contractor for work performed during the preceding calendar month, based upon the Engineer's estimate of work completed, said estimate being certified by the Contractor and accepted by the Owner. Retainage shall be withheld from the partial payments as provided by Arkansas state laws by the Owner until final completion and acceptance by the Owner and Engineer. The I. Engineer shalt then issue a Final Estimate of work done based upon the original contract and subsequent changes made and agreed upon, it any. Time is hereby expressly declared to be of the essence of this contract, and the time of beginning, manner of progress and time of completion of the work hereunder shall be and are essential conditions hereof. The Contractor agrees to commence work within ten (10) calendar days from the date of the Notice to Proceed and to proceed with the construction of the work and to prosecute the work with an adequate force and in a manner so as to complete the work within the time stipulated herein. If the Contractor fails in completing the I H . :H. 1 1 116THIS AGREEMENT, made and entered into the J.J. day of aneta ,195 by and between the City of Fayetteville, County of Washington, State of Arkansas, Party of the First Part, hereinafter called the Owner, and Fca-Ne`CreeI Trnr ,Snc of the City of Ftje{Eeyi 1t e_ , Party of the Second Part, hereinafter called the Contractor. WITNESSETH THAT: WHEREAS,the Owner has called for bids for Park Apartments -Water Une Replacements, as set out in the Plans and Specifications and approved by the City of Fayetteville, Arkansas; and WHEREAS, pursuant to the published calls for bids under said Plans and Specifications, the Contractor Is the lowest and best qualified bidder for the construction of said Improvements; Park Apartments - Water Une Replacements. NOW THEREFORE, the Contractor agrees with the Owner to commence and complete the construction of: Bid Number,94-102, including all Work required for a complete and acceptable installation, for the unit and lump sum prices bid in the Bid Proposal, all of which become and are a part of this Contract, the total sum �thus being _ One hundred ei�ky 4okr ihek5aJ Seven kus..dred Sz' en}and / r�0 dollars ($ (84S770.00 ), such sum being the agreed amount upon which bonds and liabilities are based, and at his own cost and expense furnish all materials, supplies, labor, machinery, equipment, tools, supervision, bonds, insurance and other accessories and services necessary to complete the said construction in accordance with the conditions and prices stated in the Bid attached hereto and made a part hereof, and in accordance with the Technical Specifications, the General Conditions, the Supplementary Conditions, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings, and written or printed explanatory matter thereof. 'The Contractor agrees to commence work under this contract within ten days of the issuance of the Notice to Proceed and totally complete all work within seventy-five(75)consecubve calendar days. The Owner agrees to pay the Contractor in current funds for the performance of the contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, and to make payment on account thereof as provided below. Ii contractwihinthe time stipulated herein, the Contractor agrees to pay the Owner, as liquidated damages the sum of one; hundred dollars ($200.00) per day for each calendar day of delay in completion, said amounts being fixed and agreed upon by and between the parties hereto. Because of the impracticability and extreme difficulty In fixing and ascertaining the actual damages Owner would in such event sustain, said amounts are to be presumed by the parties to this contract to be the amounts of damage Owner would sustain. Said amounts of liquidated damages shall be deductible from any amount due Contractor under the Final Estimate of said work,`after the completion thereof, and Contractor shall be entitled any to the Final Estimate less such amounts of liquidated damages. 1 lithe Contractor be delayed at any time in the progress of the work by any act or neglect of the Owner or of the Owner's employees, or by any other Contractor employed by the Owner, or by changes ordered in the work, or by strikes„lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by delay authorized by the Engineer pending arbitration, or by any cause which the 1 Engineer shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide. 1 No such extension shall be made for delay occurring more than seven days before claim therefor is made in writing to the Engineer. In the caseof a continuing cause for delay, only one claim is necessary. In the event the Contractor abandons the work hereunder or fails, neglects or refuses to continue the work after 1 ten (10) days written notice, given Contractor by the Owner or by the Engineer, then the Owner shall have the option of 1) declaring this contract at an end, in which event the Owner shall not be liable to the Contractor for anywork theretofore performed, or 2) requiring the surety hereto, upon ten (10) days notice, to complete and carry out the contractof Contractor; and in that event, should be surety fail, neglect or refuse to carry out said contract, 3) said Owner may complete the contract as its own expense and maintain an action against the Contractor and the sur':ry hereto for the actual cost of same, together with any damages or other expense sustained or incurred by Owner in completing this contract, less the total amount provided for hereunder to be 1 paid Contractor upon the completion of this contract. This contract shall be binding upon the heirs, representatives, successors or assigns of the parties hereto, 1 including the surety. IN WITNESS WHEREOF, the Owner and Contractor have hereto set their hands and seals, respectively. Firm Name 1JL it A i) R.✓lt ! l Ii BY Witness' d if corporation, secretary should attest I. liY OF FAYETTEVILLE, ARKANSAS Attest: Fred Hanna, Mayor Li b- C✓ �5rdJ End of Contract_=_ w 2 L L I 1l AMERICAN STATES INSURANCE COMPANY• HOME OFFICE: INDIANAPOLIS, INDIANA PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, That we FAYETTE TREE & TRENCH, INC., P. 0. BOX 471, FAYETTEVILLE, ARKANSAS 72702 as Principal, (hereinafter called Principal) and AMERICAN STATES INSURANCE COMPANY, an Indiana corporation, with principal offices in Indianapolis, Indiana, as Surety, (hereinafter called Surety), are held and firmly bound unto CITY OF FAYETTEVILLE, WATER AND SEWER DEPARTMENT, 113 W. MOUNTAIN STREET, FAYETTEVILLE, AR 72701 Obligee, , as (here- inafter called the Obligee) in the amount of ONE HUNDRED EIGHTY-FOUR THOUSAND SEVEN HUNDRED SEVENTY AND NO/1OO - - - - - - - - - - - - - - Dollars ($*184,770.00* for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns firmly by these presents. WHEREAS, the Principal did on the 18TH day of JANUARY 19 95 enter into a , written contract with said Obligee for PARK APARTMENTS WATERLINE REPLACEMENT, JOB #94-102, FAYETTEVILLE, ARKANSAS 72701 which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the com- pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months from the date fixed in said contract for its completion. SIGNED, SEALED AND DATED this 18TH day of JANUARY 19 95 FAYETTE TREE & TRENCCH�H, INC, (Seal) �Priricipel�'.hq • AMERICAN STATES INSURANCE COMPAN�Yfrt ^' ,. wi c Form 9-1041 (12-71) -AtfOdneyin `ect.' , .' I. "" '... GENERAL POWER OF ATTORNEY AMERICAN STATES fl JINSURANCE nAmerican States Insurance Company ' .meuNcoLNNAnmNALWRPopAnoN INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American Stales Insurance Company, a Corporation duly organized and existing under the laws of the State ' of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint ---------- --- - --ROBERT M. RENNER OR KEVIN RENNER---------------- LL 'p of Fayetteville and State of Arkansas Z W its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and Q EK deliver any and all bonds, recognizances, contracts of indemnity and other conditional or obligatory undertakings, provided, however, YH that the penal sum of any one such instrument executed hereunder shall not exceed Zw TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS ----------- LL,I H and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation Ir — and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This Power of Attorney is executed Z Z and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws of -the American Stales Insurance Company, which reads as follows: 'The Chairman, the President or any Vice -President (including any Executive Vice -President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence' with any other officer of the Corporation, to appoint Attorneys -in -fact W as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, W recognizances, stipulations and undertakings, whether by way of ssurety or otherwise" d lL IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Second Vice -President, attested by its HAssistant Vice -President and its corporate seal lobe hereto affixed this'' -29th day of August Z Z A.O. 19_Q _ ('\ ') AMERICAN STATES INSURANCE COMPANY \ 4 ' This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." p I, In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this L o __ day of .S /W A.D., 79 S _.rs?R-4fxrm ,af.. n THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PR S RED INK, WITH A RED DIAGONAL IMPRINT - AMERICAN STATES INSURANCE 9.1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF A NSHEREOF IN `ENTIRETY. IF 7-262.6262 OR ' (2-92) WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636 ... , :.. -. .. , n y � .= r } z,..ti..; DATE MMIDUNY rt .*SOi:Ds -CERTIFICATE OF;INSURANCE Kt;; ;fn 4—L t-94) a` PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE RENNER & COMPANY INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR' P.O. Box 427 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fayetteville, Alt 72702 COMPANIES AFFORDING COVERAGE COMPANY Tri-State Ins. Co. A INSURED COMPANY American States his. CO. Fayette Tree and Trench, Inc. j. P.O.ox 471 COMPANY PANY Westchester Fire I ns. Co. Fayetteville, AR 72702 COMPANY D .I: �' ^k ,!V tfi �a �.j4 Y ,• mih S pp ncr! 1 ..% l \ ba 1i �p ,.L' i' x- F,i�'ck,4-FX..'Ai�rY N.tii ,}IE�d �, i:...: Yri'_�Yu yCt=\y ,tic- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEE BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MWDD/YY) DATE (MMIDD/YY) GENERAL LIABILITY BODILY INJURY OCC $ A COMPREHENSIVE FORM M 00 64 36 4-30994 4-30-95 X BODILY INJURY AGG $ X PROPERTY DAMAGE OCC $ PREMISES/OPERATIONS - UNDERGROUND EXPLOSION 8 COLLAPSE HAZARD - x PROPERTY DAMAGE AGG $ X BI & PD COMBINED OCC $ f f PRODUCTS/COMPLETED OPEN X CONTRACTUAL - BI & PD COMBINED AGG $ f I 0 ,00O X PERSONAL INJURY AGG E ,000,000 INDEPENDENT CONTRACTORS BROADFORMPROPERTYDAMAGE X Fire Legal 8 50,001) PERSONALINJURV X Medical Paymen i 5,000 AUTOMOBILE LIABILITY BODILY INJURY X B ANY AUTO 01 -CD -596945-10 4-30-94 4-30-95 (Per person) $ ALL OWNED AUTOS (Private Pass) ALL OWNED AUTOS I BODILY INJURY (P¢r accideni) $ (Other than Privale Passenger) HIRED AUTOS PROPERTY DAMAGE $ NON OWNED AUTOS BODILY INJURY A GARAGE LIABILITY PROPERTY DAMAGE $ 1 000,000 COMBINED , EXCESS LIABILITY EACH OCCURRENCE E 2,000,0(10 C X UMBRELLA FORM Binder 4-30-94 4-30-95 AGGREGATE E2,000,000 $ OTHERTHAN UMBRELLA FORM WORKERS COMPENSATION AND STATUTORY LIMITS B EMPLOYERS'LIABILITY EACH ACCIDENT $ 500,000 THEPROPRIETOR! X INCL 01 -WC -731211-10 4-30-94 4-30-95 DISEASE-POLICVLIMIT $ 500 000 PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMS Excavation - Trenching - Water & Sewer Projects Y j"'a+) f 1)! L� e 1 ♦..- a kCERTIE`,-iCF1YE.FIOLDER�".r?A . ti�s'e'rzu>x -eevyS 2' .�;k,.,..3;-=( ••:, r." .',. x._- ,i: Imo. Nr .. l fa; ,M .k -n t1Yn a rfs: �y.•r r a ,I r ,� CANCELLATION a, ku, �r,r''..,Rr.,kr,,...,:=y,� Y.a�,.,rj_i ...:.;S,. T.,.I r ., .-._ _ 4,..,'✓,a SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF FAYET• TEVILLE ARKANSAS EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 C IT West Mountain Street DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Fayetteville, AR 72701 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHT1i2O REPRESENTA`TI It ' ; ''I^•OACORD. CORPORATION. 1993 Jv PERFORMANCE BOND I I I J I C I .KNOW ALL MEN BY THESE PRESENTS: That we (1) 2 hereinafter called "Principal" and (3) of , State of hereinafter called the "Surety," are held and firmly bound unto (4) hereinafter called the "Owner", money of the United truly to be made, administrators and these presents. in the penal sum of ($ ) in lawful States, for the payment of which sum well and we bind ourselves, our heirs, executors, successors, jointly and severally, firmly by THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of , 19, a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that 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 or to the specifications. the said Surety, for value received that no change, extension of time, terms of the contract or to the work the specifications accompanying the its obligation on this bond, and it any such change, extension of time, terms 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 claim may be unsatisfied. 1 I I 1 I I This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of , 19 , - Attest: (Principal) Secretary (Seal) Witness as to Principal I, Address I II Attest: (Surety) Secretary (Seal) Witness as to Surety Address Principal o Address Surety By Attorney- Address -Fact NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 2 I I PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) 2 hereinafter called "Principal" and (3) of State of hereinafter called the "Surety," are held and firmly bound unto (4) _, hereinafter called the "Owner", in the penal sum of ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by ' these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the ' Principal entered into a certain contract with Owner, dated the day of , 19_, a copy of which is hereto attached and made a part hereof for the construction of: NOW THEREFORE, if the Principal shall promptly make payment to persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, all amounts due for but not limited to materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premiums for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due to the State of Arkansas or any political subdivision thereof which shall have arisen on account of or in connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractors or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. 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 or as determined by the court on appeal to all workmen performing 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 time, terms of the contract or to the work the specifications accompanying the its obligation on this bond, and it any such change, extension of time, terms of the contract or to the work ' or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts ' of 1953, and Act 209, Arkansas Acts of 1957, the same -appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of ________,19___ Attest: Principal ' (Principal) Secretary By (Seal) Witness as to Principal. Address Attest: (Surety) Secretary (Seal) Witness as to Surety Address Address Surety. By Attorney -in -Fact Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. z ' This document has important legal consequences: consultation with an attorney is encouraged with I respect to its completion or modification. 1 STANDARD GENERAL CONDITIONS ' OF THE ' CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee I I I I I and Issued and Published Jointly By MC ry UAMERKAN A PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General ys Contractors of America r These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910.8-A-1 or 1910.8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910.12) (1990 Edition) may be used. EJCDC No. 1910.8 (1990 Edition) ET I I I I I I I u O 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 I I I I I I [1 I 1J I I I ' 2. PRELIMINARY MATTERS ...................... 2.1 Deliveryof Bonds .................... ' 2.2 Copies of Documents ................. 2.3 Commencement of Contract Times; Notice to Proceed .................. ' 2.4 tarts ng a Work ..................... TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title 1. DEFINITIONS ............................. Add da - 1.1 an............................. 1.2 Agreement: ............................ 1.3 Application for Payment .............. 1.4 Asbestos ............................. 1.5 Bid ................................... 1.6 Bidding Documents ................... 1.7 Bidding Requirements ................ 1.8 Bonds ................................ 1.9 Change Order ........................ 1.10 Contract Documents .................. 1.11 Contract Price ........................ 1.12 Contract Times ........................ 1.13 CONTRACTOR ...................... 1.14 defective ............................... 1.15 Drawings ............................. 1.16 Effective Date of the Agreement ...... 1.17 ENGINEER .......................... 1.18 ENGINEER's Consultant ............. 1.19 Field Order ........................... 1.20 General Requirements ................ 1.21 Hazardous Waste ..................... 1.22 Laws and Regulations: Laws or - Regulations ........................ 1.23 Liens ................................. 1.24 Milestone .............................. 1.25 Notice of Award ...................... 1.26 Notice to Proceed .................... 1.27 OWNER ............................. 1.28 Partial Utilization ..................... 1.29 PCBs ................................. 1.30 Petroleum ............................ 1.31 Project ............................... 1.32 Radioactive Material ............. 1.33 Resident Project Representative ....... 1.34 Samples .............................. 1.35 Shop Drawings ....................... 1.36 Specifications ......................... 1.37 Subcontractor ................. ..... . 1.38 Substantial Completion ............... 1.39 Supplementary Conditions ............ I.40 Supplier .............................. 1.41 Underground Facilities ................ 1.42 Unit Price Work ...................... 1.43 Work ................................. 1.44 Work Change Directive ............... 1.45 Written Amendment .................. Page Number 13 I 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 I5 IS IS 15 1S 15 15 IS Article or Paragraph Page Number & Title Number .2.5-2.7 Before Starting Construction: CONTRACTOR's Responsibility to Report: Preliminary Schedules: Delivery of Certificates of Insurance ..........................IS 2.8 Preconstruction Conference ........... 15 2.9 Initially Acceptable Schedules .......... 16 CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE .. ......................... 16 3.1-3.2 Intent................................16 3.3 Reference to Standards and - Specifications of Technical Societies: Reporting and Resolving Discrepancies ....................... 16 3.4 Intent of Certain Terms or Adjectives .. 17 3.5 Amending Contract Documents ....... 17 3.6 Supplementing Contract Documents ... 17 3.7 Reuse of Documents ..................I? 4. AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. 4.1 Availability of Lands .................. 4.2 Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. 4.2.4 ENGINEER's Review ................ 4.2.5 . Possible Contract Documents Change . 4.2.6 Possible Price and Times Adjustments . 4.3 Physical Conditions —Underground Facilities ........................... 4.3.1 Shown or Indicated ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ...................... 4.5 Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material ...... BONDS. AND INSURANCE ................... 5.1.5.2 Performance, Payment and Other Bonds 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 20 5.4 CONTRACTOR's Liability Insurance . 20 5.5 OWNER'S Liability Insurance ........ 21 5.6 Property Insurance ................... 21 5.7 Boiler and Machinery or Additional Property Insurance ................. 21 5.8 Notice of Cancellation Provisions ..... 21 5.9 CONTRACTOR's Responsibility for Deductible Amounts ................ 22 5.10 Other Special Insurance ............... 22 5.11 Waiver of Rights ...................... 22 17 I7 17 17 18 18 18 18 I8 I8 19 19 l I Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 5.12-5.13 Receipt and'Apptication of Insurance 8.6 Change Order; ....................... 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 CONTRAIU CR's Services ......... 29 5.15 Partial 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 CONSTRUCTION ........ 6.7 Substitutes and "Or -Equal" Items; 30 CONTRACTOR's Expense; 9.1 OWNER's e .......... Representative ............ 30 Substitute Construction 9.2 Visits to Site senta ive ................ 30 Methods or Procedures; 9.3 Project Representative retati .......... 30 ENGINEER's Evaluation .......... 23 9.4 Clarifications and Interpretations ...... 30 9.5 Authorized Variations in Work ...... 30 6.8-6.11 Concerning Subcontractors, Suppliers.. and Others; Waiver of Rights ....... 24 9.6 SRhop Drawings, Defective Work ............. 30 6.12 Patent Fees and Royalties ............. 25 9.7-9.9 Shop Change Orders and 6.13 Permits ............................... 25 Payments .......................... 31 ................ 25 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and Regulations 9.11-9.12 Decisions on Disputes; ENGINEER as ' 6.16 Use of Premises ....................... Initial Interpreter ................... 31 """""""""""6 9.13 Limitations on ENGINEER's 6.17 Site Cleanliness ....................... 26 Authority and Responsibilities ...... 31 6.18 Safe Structural Loading ............... 26 ' 6.19 Record Documents ................... 26 6.20 Safer and Protection .................26 10. CHANGES IN THE WORK ..................... 32 y 10.1 OWNER Ordered Change ............ 32 6.21 Safety Representative ................. 26 6.22 Hazard Communication Programs ..... 27 10.2 Claim for Adjustment ................. 32 6.23 Emergencies ..........................27 10.3 Work Not Required by Contract Documents ......................... 32 6.24 Shop Drawings and Samples .......... 27 6.25 Submittal Procedures; 10.4 Change Orders CONTRACIOR'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 Wor1c 35 6.30 CONTRACTOR's General Warrant and Guarantee 28 12. CHANGE OF CONTRACTTIMES .............. 35 , 6.31-6.33 Indemnification 28 12.1 Claim for Adjustment ................. 35 6.34 Survival of Obligations ................ 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 CONTRACIOR's Control .......... 35 8. OWNER'S RESPONSIBILITIES ................. 29 ' 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION, 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Dataand Pay Promptly When WORK..................36 Due ................................ 29 13.I Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Wort ................... 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance ............................. 29 Cooperation ........................ 36 I G I I I I I I I C I C1 I C I I Article or Paragraph Page N ber & Title Number um 13.4 OWNER's Responsibilities; _ Independent Testing Laboratory .... 13.5 CONTRACTOR's Responsibilities ..... 13.(-13.7 CoveringWork Prior to Inspection. Testing or Approval ................ 13.8-13.9 Uncovering Work at ENGINEER'S Request............................ 13.10 OWNER May Stop the Work ......... 13.11 Correction or Removal of Defective Work............................... 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 13.14 OWNER May Correct Defective Work............................... 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................. 14.1 Schedule of Values .................... 14.2 Application for Progress Payment ..... 14.3 CONTRACTOR's Warranty of Title ... 14.4-14.7 Review of Applications for Progress Payments ................. 14.8-14.9 Substantial Completion ..:............ 14.10 Partial Utilization ..................... 14.11 Final Inspection ...................... 36 36 •36 36 36 37 37 37 37 37 38 38 38 39 39 39 Article or Paragraph Page Number & Title Number 14.12 Final Application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... 40 15. SUSPENSION OF WORK AND TERMINATION ................................ 15.1 • OWNER May Suspend Work ......... 15:2-15.4 OWNER May Terminate .............. 15.5 CONTRACTOR May Stop Work or Terminate .......................... 16. DISPUTE RESOLUTION ....................... 17. MISCELLANEOUS 17.1 Giving Notice ........................ 17.2 Computation of Times ................ 17.3 Notice of Claim.......................... 17.4 Cumulative Remedies ................. 17.5 Professional Fees and Court Costs Included ........................... EXHIBIT GC -A (Optional): Dispute Resolution Agreement (Optional) .....GC -Al 16.1-16.6 Arbitration .................... GC -AI 16.7 Mediation ..................... GC -A2 41 41 42 42 42 42 42 42 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 ......................73 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30. 6.34 Access to the — Lands. OWNER and CONTRACTOR responsibilities.....................................4.1 site, related work....................................7.2 Work . .................................. 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ................................ 6.20. 9.13.3 OWNER....................................... 6.20, 8.9 Addenda -definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule....................................6.6 Agreement— definition of..........................................1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances. Cash.....................................11.8 Amending Contract Documents ......................... 3.5 Amendment. Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2. 6.8.2. 6.19. 10.1, 10.4. 11.2. 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to .....................; 9.10, 9.11. 10.4, 16.2, 16.5 Application for Payment — definition of..........................................1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5. 14.12.14.15 in general ....................... 2.8. 2.9. 5.6.4. 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of......................................14.4-14.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6. 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined ............................ 1.25 Before Starting Construction ........................2.5-2.8 Bid —definition of......................................1.5 (II, 1.10, 2.3, 3.3. 4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Docurients--definition of ................ I.6 (6.8.2) Bidding Requi ements—definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of.......................................5.14 additional bonds ........................... 10.5. 11.4.5.9 Cost of the Work .................................. 11.5.4 definition of .......................................... 1.8 delivery of ......................................2.1. 5.1 ' final application for payment ................. 14.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other ................. 5.1-5.2 , Bonds and insurance —in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances......................................11.8 , Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of inspection ................ 9.13.4, 13.5, 14.12 ' Certificates of Insurance .. 2.7. 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8. ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances...................................11.8 claim for price adjustment ..... 4.1, 4.2,6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, IS.!, 15.5 CONTRAC OR's fee ............................... 11.6 Cost of the Work general......................................11.4-11.7 Exclusions to.......................................11.5 ' Cost Records ....................................... 11.7 in general .............. 1.19, 1.44, 9.1 1, 10.4.2, 10.4.3, 1 I 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.l,4.2.6, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.1 1, 10.2, 10.5, 12.1, 13.9, 13.13. 13.14, 14.7, 15.1. 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACPOR's control ............ 12.3 Delays beyond OWNER's and CONTRACIOR's con- trol...............................................12.4 Notification of surety ............................... 10.5 Scope of change ...............................10.3-10.4 Change Orders --- Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances .............. .............. 11.8 ' Change of Contract Price ............... .............. I1 Change of Contract Times ............................12 Changes in the Work .................................. 10 CON TRAC1'X)R's fee ............................... 11.6 Cost of the Work ............................... 11.4-11.7 I I I L Cost Records ..... ............................... 11.7 general....................................6.2, 6.9.2, 8.1 ' definition of..........................................1.9 Hazard Communication Programs ................... 6.22 emergencies ........................................6.23 Completion— ENGINEER's responsibility ......... 9.8. 10.4, I1.2, 12.1 Final Application for Payment ...................... 14.12 ' IndemnificationInspection .....................6.12. 6.16. 6.31. 6.33 Final Payment and Acceptance .. .. 14.13-14.14 Insurance. Bonds and ...................5.10. 5.13. 10.5 Partial Utilization .. .. 14.10 OWNER may terminate ........................15.2-15.4 Substantial Completion ...................1.38. 14.8-14,9 OWNER's Responsibility ....................... 8.6. 10.4 Waiver of Claims..................................14.15 Physical Conditions— , Computation of Times ........................17.2.1-17.2.2 Subsurface and. . .................................... 4.2 Concerning Subcontractors. Underground Facilities ...........................43.2 Suppliers and Others ......4..................... 6.8-6.I I ' Record Documents ........................... _.... 6.19 Conferences— , Scope of Change ...............................10.3-10.4 initially acceptable schedules ......................... 2.9 Substitutes ................................... 6.7.3, 6.8.2 preconstruction......................................2.8 ,Unit Price Work....................................11.9 Conflict, Error, Ambiguity, Discrepancy — value of Work, covered by .......................... 11.3 CONTRACTOR to Report ..................... 2.5, 3.3.2 . Changes in the Work....................................10 Construction, before starting by CONTRACTOR .... 2.5-2.7 Notification of surety ............................... 10.5 Construction Machinery, Equipment, etc. ............... 6.4 ' OWNER's and CONTRACTOR s responsibilities .... 10.4 Continuing the Work; ..:::::::: ..: . 6.29, 10.4 Right to an adjustment ..............................10.2 Contract Documents — Scope of change .. ... ... ......... ....... 10.3-10.4 Amending .. .. 3.5 Claims— Bonds.........................................5.1 ' against CONTRACTOR ...6.16 Cash Allowances ...................................11.8 against ENGINEER .. 6.32 Change of Contract Price ...... ...... . .. I I against OWNER .................................... 6.32 Change of Contract Times ............................ 12 9.4, 11.2 Changes in the Work ....................,...... 10.4-10.5 ' Change -of Contract Times ..... _............... 9.4. 12.1 check and verify ...... ' 5 CONTRACTOR's 4. 7.1.9.4. 9.5, 9.11. 10.2. 11.2, 11.9. Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.f1 12.1. 14.8. 15.1, 15.5. 17.3 definition of........................................1.10 ' CONTRACTOR's Fee ...............................11.6 ENGINEER as initial interpreter of ................. 9.11 CONTRACTORS liability ... .. .. 5.4. 6.12. 6.16. 6.31 ENGINEER as OWNER's representative .. .. 9.1 Cost of the Work .. .. 11.4. 11.5 general .. . . 3 Decisions on Disputes .......................... 9.11. 9.12 Insurance............................................5.3 ' Dispute Resolution..................................16.1 Intent..........:..............3.1-3.4 Dispute Resolution Agreement ..................16.1-16.6 minor variations in the Work ........................ 3.6 ENGINEER as initial interpretor .................... 9.11 OWNER's responsibility to furnish data .............. 8.3 Lump Sum Pricing.................................11.3.2 OWNER's responsibility to make ' Notice of...........................................17.3 prompt payment ....................... 8.3, 14.4. 14.13 OWNER -.s ........... 9.4.9.5.9.11. 10.2. 112. 11.9. 12.1, precedence....................................3.!. 3.3.3 13.9. 13.13. 13.14. 17.3 Record Documents.................................6.19 ' OWNER', liability .................. —... x...........5.5 Reference to Standards and Specifications OWNER may refuse to make payment .. .. 14.7 of Technical Societies .............................. 3.3 Professional Fees and Court Costs Included .......... 17.5 Related Work........................................7.2 request for formal decision on ....................... 9.11 Reporting and Resolving Discrepancies ........... 2.5, 3.3 ' Substitute items..................................6.7.1.2 Reuse of ............,...............,................ 3.7 Time Extension.....................................12.1 Supplementing.......................................3.6 Time requirements ............................9.11, 12.1 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work................................. 11.9.3 Unit Price Work..........4.............4........... 11.9 ' value of ............................................ 11.3 variations.................................3.6. 6.23, 6.27 Waiver often Final Payment ................ 14.14, 14.15 Visits to Site, ENGINEER's .........................9.2 Work Change Directive ............................. 10.2 Contract Price— , written notice required ...................9.11. 11.2. 12.1 adjustment of ................ 3.5' 4.1, 9.4, 10.3, 11.2-11.3 Clarifications and Interpretations ............3.6.3. 9.4, 9.11 Change of............................................II Clean Site............................................6.17 Decision on Disputes ...............................9.11 Codes of Technical Society. Organization or definition of............4........................... 1.11 ' Association......................................3.3.3 Contract Times — Commencement of Contract Times ..................... 2.3 . adjustment of ....... 4.............. 3.5, 4.1, 9.4, 10.3. 12 Communications- Change of....................4................. 12.1-12.4 Article or Paragraph Number Article or Paragraph Number Article or Paragraph Number Commencement of...................................2.3 definition of........................................1.12 CONTRACTOR — Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work................................6.29. 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21.6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's-- Compensation..................................11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency.......................................6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies.......................................6.23 Equipment and Machinery Rental. Cost of the Worlc................................... 11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12. 6.16, 6.31.6.33 Inspection of the Work ......................... 7.3, 13.4, Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulations. Compliance by ............. 6.14.1 Liability Insurance...................................5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ...................`... 5.1 Permits. obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9. 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities — Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................6.29. 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee............................................... 6.30 CONTRACTOR's review priorto Shop Drawingor Sam- ple submittal ............. ....................... 6.25 Coordination of Work .............................. 6.9.2 Emergencies.....................................6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 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 of Premises .................... 6.16.6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1. 9.4. 9.5, 9.11, 10.2, 11.2. 11.9, 12.1. 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection .................6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by..................................6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required — CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions.............................................4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS—other .................................7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I I I I I [.l I Li I I I [1 I 11 I I I U 7 I I H I I I I I I I C C I Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents...................................2.2 Correction Period....................................13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10.13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period..................................13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost — of Tests and Inspections ............................. 13.4 Records ............................................ 11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts...................................11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to ....................................... 11.5 General ........................................ 11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses .................................. 11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments. permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's . _ ........ . . 1 1.4.4 Supplemental .....................................11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts..................................11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work...................................13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER .......c............ 8.3 Day —definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.11, 9.12 defective —definition of................................114 defective Work — Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period .................................. 13.12 in general.................................13. 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work ......................:... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting......................................9.6 Uncovering the Work ............................... 13.8 Definitions ............................................... I Delays.................................4.1. 6.29, 12:3-12.4 Deliveryof Bonds......................................2.1 Deliveryof certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Noticeof .......................................... 4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution— Agreement....................16.1-16.6 Arbitration............16.1-16.5 general............................................... 16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes. Decisions by ENGINEER ..............9.11-9.12 Documents — Copies of ...................... 2 Record............................................. 6.19 Reuse of ............................................. 3.7 Drawings —definition of ............................... 1.15 Easements................................4.1 Effective date of Agreement —definition of ............. 1.16 Emergencies..................................6.23 ENGINEER — as initial interpreter on disputes .................9.11-9.12 definition of................................1.17 Limitations on authority and responsibilities...............................9.13 Replacement of..............................8.2 Resident Project Representative.......................9.3 ENGINEER's Consultant —definition of ............... 1.18 ENGINEER's— authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7. 10, II. 12 Clarifications and Interpretations ...............3.6.3. 9.4 Decisions on Disputes ..........................9.11-9.12 defective Work, notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability.......................................6.32. 9.12 Notice Work is Acceptable ..................... . 14.13 Observations ................................. 6.30.2, 9.2 OWNER's Representative ...........................9.! Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities — Limitations on ...............................9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility.......................4............. 6.26 Status During Construction — authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................ 9.11.9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9,11-9.12 ENGINEER's Responsibilities ................9.1-9.12 i Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ................................... 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 rental, Cost 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, CONTRACPOR's-Costs-Plus ................... 11.6 Field Order - definition of ........................................ 1.19 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........................................1.2! 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 ....................4...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 CONTRAL'TOR'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 fiduciary for insureds ..............5.12-5.13 OV.`NER'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.................4.1, 8.4 Reports & Tests..................8.4 Laws and Regulations -Laws or Regulations - Bonds........................................... 5.1.5.2 Changes in the Work ................................ 10.4 Contract Documents..............................3. CONTRAC'TOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 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, Suppliersand Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises .................................... 6.16 Visits to Site ........................................... 9.2 Liability Insurance— CONTRAC`I'OR'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...................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals.. Final Application for Payment ...................... 14.12 Manuals (of others) — Precedence .......................................3.3.3.1 I I I I I I I r I I I I I I I Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Materials and equipment - furnished by CONTRAC TOR ........................ 6.3 not incorporated in Work ............................ 14.2 ' Materials or equipment -equivalent .....................6.7 Mediation (Optional) .. . .. 16.7 Milestones --definition of .............................. 1.24 Miscellaneous- ' Computation of Times ..............................17.2 Cumulative Remedies ................ .. 17.4 Giving Notice ....... ............................... 17.1 Notice of Claim.....................................17.3 ' Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts....................................7 Not Shown or Indicated .............................. 4.3.2 ' Notice of - Acceptability of Project .......................... .. 14.13 Award, definition of ................................. 1.25 Claim..............................................17.3 ' Defects . ............................................ 13.1 Differing Subsurface or Physical Conditions ..........4.2.3 Giving..............................................17.1 Tests and Inspections ................................ 13.3 ' Variation. Shop Drawing and Sample ................ 6.27 Notice to Proceed - definition of........................................1.26 ' gti ica of . o Surat .................................... 0.5 Notification to Surety .................................10.5 Observations, by ENGINEER .. .. 6.30, 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 ' Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ...................5.6.2 Option to Replace .....................................5.14 "Or Equal" Items......................................6.7 ' Other work..............................................7 Overtime Work -prohibition of ......................... 6.3 OWNER- , Acceptance of defective Work ..... . ................ 13.13 appoint an ENGINEER .............................. 8.2 as fiduciary .. .. 5.12-5.13 Availability of Lands, responsibility ... ..... ......... 4.1 ' definition is ........................................ 18.3 data, furnish .. • � 8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ 14.7 ' May Stop the Work................................13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ...................8.3, 14.4, 14.13 performance of other Work ........................ .. 7.1 permits and licenses, requirements ... 6.13 purchased insurance requirements ...............5,6-5.10 ' OWNER's- Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to ' execute ....... .. 6. 10.4 Comtnunicauons .. .. .. 8.1 Coordination of the Work ....................... . 7.4 Disputes, request for decision ....................... 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance...................................5.5 Notice of Defects...................................13.1 Representative -During Construction, ENGINEER's Status ............................ 9.1 Responsibilities - Asbestos, PCB's. Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders....................................8.6 Changes in the Work .............................. 10.1 communications...................................8.1 CONTRACTOR'S responsibilities .................. 8.9 evidence of financial arrangements ................8.11 inspections, t-stsand approvals .................... 8.7 Insurance ......................................... 8.5 lands and easements ............................... 8.4 prompt payment by................................8.3 replacement of ENGINEER ....................... 8.2 reports and tests...................................8.4 stop or suspend Work .................. 8.8. 13.10, 15.1 terminate CONTRACIOR's services ..........8.8, 15.2 separate representative at site ........................ 9.3 independent testing.................................13.4 use or occupancy of the Work..................4................. 5.15, 14.10 written consent or approval required ................................9.1. 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 I'. I definition of ........................................ 1.29 general..............................................45 OWNER's responsibility for ........................ 8.10 Partial Utilization - definition of ........................................t 1.28 general ................................... 6.30.2.4, 14.10 Property Insurance.................................5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5.1-5.2 Payments, Recommendation of ............. 14.4.14.7, 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments .................. 14.2 CONTRACTOR's Warrantyof Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspection............:.................0..6. 14.11 FinalPayment and Acceptance ............... 14.13-14.14 general...........................................8.3 14 Partial Utilization..................................14.10 Retainage...........................................14.2 Review of Applications for Progress Payments..................................14.4-14.7 prompt payment ..................................... 8.3 Schedule of Values .................................. 14.1 Substantial Completion ......................... 14.8.14.9 Waiver of Claims..................................14.15 when payments due ...... 6 ................... 14.4, 14.13 withholding payment ................................ 14.7 Performance Bonds ............................0....5.1-5.2 permits..................................6.13 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 ............................... 4.3 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 .................... 4.2.2 Underground Facilities— general..........................................4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3. 6.20 Shown or Indicated ............................ 4.3.1 Technical Data .....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ......................................2 Preliminary Schedules..................................2.6 Premises, Use of..................................6.16-6.18 Price, Change of Contract ............................... II Price, Contract —definition of .......................... 1.11 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..........................................5.65.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds..................................5.12-513 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 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— CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on....................................9.13 OWNER's-in general..................................8 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......................................14,4-14.7 Right to an adjustment ................................ 10.2 Rights of Way..........................................4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 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 ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work........................................6.28 submittal of.......................................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............................................6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ...............................2.8-2.9 Preliminary..........................................2.6 Scope of Changes ........4 . ................ 10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 I I I I El I 11 I I Li I 11 I I I L I I C I II C I L I I II I [l H I Article or Paragraph Number Shop Drawings — and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of........................................1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6,24-6.28 related Work........................................6.28 review procedures ......................... 2.8. 6.24-6.28 submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated...................................4,3.! Site Access.......................................7.2. 13.2 Site Cleanliness.......................................6.17' Site, Visits to — by ENGINEER................................9.2. 13.2 by others ...........................................13.2 "Special causes of loss" policy form. insurance ....... 5.6.2 Specifications — definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3.1 precedence........................................3.3.3 Standards and Specifications of Technical Societies..........................................3.3 Starting Construction. Before .......................2.5-2.8 Starting the Work......................................2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8. 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor— Concerting...................................... 6.8.6.11 definition of ........................................ 1.37 delays.............................................. 12.3 waiver of rights.....................................6.11 Subcontractors —in general ........................ 6.8-6.11 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals — Applications for Payment ...........................14.2 Maintenance and Operation Manuals ............... 14.12 Procedures.........................................625 Progress Schedules .............................. 2.6. 2.9 Samples............6.216.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6. 2.8-2.9 Shop Drawings.................................6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3. 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation ..........................6.73 ..Or -Equal.. ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items..................................6.7.1.2 Subsurface and Physical Conditions— Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general .............................................. 4.2 Limited Reliance by CONTRACTOR Authorized....................................4.2.2 Notice of Differing Subsurface or Physical Conditions................................4.2.3 Physical Condi tions .............. ................... 4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings ................................ 4.2.1 Subsurface and......................................4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data.....................................4.2.2 Supervision— TO......................6.1 CONTRACR's responsibility . OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2. 9.13.2 Superintendence.......................................6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs..................................11.4.5 Supplementary Conditions — definition of ........................................ 1.39 principal reference to .... 1.10, 1.18, 2.2. 2.7, 4.2. 4.3. 5.1. 5.3, 5.4, 5.6.5.9, 5.11, 6.8, 6.13, 7.4, 8.11, 9.3. 9.10 Supplementing Contract Documents .................... 3.6 Supplier — definition of........................................I principal references to ..................3.7. 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights....................................6.11 Surety — consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ...........................10.1 10.5, 15.2 qualification of...................................51-5.3 Survival of Obligations................................6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— ..................IS CONTRACTOR May Stop Work or Terminate ........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate .......................15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR ... 4........... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporaryconstruction facilities ........................ 4. I Termination — by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ...................... 4. 8.2 Suspension of Work-in general ........................Ii Terms and Adjectives .................................. 3.4 Tests and Inspections— Article or Paragraph Number Access to the Work, by others ...................... 13.2 CONTRACTOR's responsibilities .................... 13.5 costof..............................................13.4 covering Work prior to .........................13.6-13.7 Laws and Regulations (or) .......................... 13.5 Notice of Defects...................................13.1 OWNER May Stop Work .......................... 13.10 OWNER's independent testing ...................... 13.4 special. required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncovering the Work, at ENGINEER's request....................................13.8-13.9 Times— Adjusting............................................6.6 Change of Contract...................................12 Adjusting............................................6.6 Computation of.....................................17.2 Contract Tirnes definitional ....................... 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...................................i..... ..... . 11.3.1 Determination for...................................9.10 Use of Premises ........................ 6.16. 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20. 7.1-7.3. 13.2 Article or Paragraph Number Utilization, Partial 5.15, 6.30, 2.4, 14.10 ................I.28, 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 ............... 5.1 1, 6.11 Warranty and Guarantee, General --by CONTRACTOR ....................................6.30 Warranty of Title, CONTRACIOR's ................... 14.3 Work — Accessto ........................................... 13.2 byothers ..............................................7 Changes in the.......................................10 Continuing the ................... 6.29 CONTRACTOR May Stop Work or Terminate...................................15.5 Coordination of ...................................... 7.4 Cost of the ..................................... 11.4-11.5 definition of ........................................ 1.43 neglected by CONTRACTOR ...................... 13.14 otherWork.............................6.............. 7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ...............13.10,15.I 15.1 Related, Work at Site ............................. 7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ I5.5 Stopping by OWNER .......................... I5.I-15.4 Variation and deviation authorized, minor...........................................3.6 Work Change Directive — claims pursuant to..................................10.2 definition of........................................I principal references to .................... 3.5.3, 10.1-10.2 Written Amendment — definition of ........................................1.45 principal references to ... 1.10, 3.5, 5.10. 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required — 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 L II I I I I I I Ii I I I I I L 12 ' I I I I I L. I I II I I I I GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Additions Sc 1 Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4.. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air_ above current action levels established by the United States Occupational Safety and Health Administration 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Ed documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ' 13 ment, together with all Written Amendments, Change Orden. Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 arc not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to. ENGI- - NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1.20. General Requirements -Sections of Division I of the 1.33. Resident Project Representative— The authorized Specifications. representative of ENGINEER who may be assigned to the site or any part thereof. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1,22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens --Liens, charges, security interests or encum- brances upon real property or personal property. 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 (6) degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.34. 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, materialman 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. L C I I I 11 I H I I I I CI 14 ' I I J I I I Ii I I J I 1.43. Work —The entire completed construction or the var- ious separately identifiableparts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive --A written directive to CON- TRACTOR, issued on 'or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS ' Delivery of Bonds: H C L I I 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: Addition see SC2.2 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. ' Commencement of Contract Times; Notice to Protect' 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Stating the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Stating Conspuction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. ' 15 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required subnhittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Addition see SC 2. 7 Preconsttvetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the -Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications_ for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE Intent: 3.1. The Contract Documents comprise 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- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Spec ''opts of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work. CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the. Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: L I I I I PT u I TI I [] 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 OW N ER, 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 16 1 I I I I I L I I I I L L I, I I I I performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract • Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered,' .as directed,' "as required." "as allowed;' "as approved" or terms of like effect or import are used, or the adjectives "reasonable, ";suitable. "'acceptable, "'proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Conmact Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5). 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any 17 of the Drawings. Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings. Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Awdabflity of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general. application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRAC TOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWN ER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Phyaieaf CoudiBoas: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations -+ and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. I 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and gefierally 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. 18 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 maybe 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 Condition,~Undngrorard Farili&es: 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 'J I I II C L I I 1 I 11 11 I I I I L information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 43.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents. (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents. CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Referrnce Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whedever any reference point is lost or destroyed or requires relocation bec.,use of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petrrokum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto, in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles I1 and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's 19 Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Additions see SC -5.1.1 and 5.1.2 Ferforn ante, hymen 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; Cerafiicases 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 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 I1 LJ U I L I I I J I I 20 , I I I HI I I I I I I I J II I L1 I. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations. whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has_ been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). Addition see Sc 5.4.14 OWNER's LiabWty Insurame: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Replacement see Sc 5,5 Property fnsurunee: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- Replacement see SC 5.6 21 ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER. CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. Replacement 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 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACMR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. '5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of 'them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. I I J El I I I I I Delete 5.10 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds. or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the -Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: ' 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and ` 11.2.2. loss or damage to the completed Project or par; thereof caused by, arising out of or resulting from fire or other insured peril covered by -any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14. 10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds Delete 5.12 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. Delete 5.13 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Opcon to Replace 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was 22 required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization Propet' Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work. such use or occupancy may be accomplished in accordance with paragraph 14.10: provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques- sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique. sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or- any legal holiday without OWN ER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor, transportation. con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water. sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing. performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected. used. cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: Li I I I I I I I I I I I I I 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of she proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed 'or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If ,i specific means, method, technique, sequence or procedure of 1 24 construction is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means, method._technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the -sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subconanctors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors; Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGIN ELR. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patens Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER. ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON= TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. ij Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations. neitherOWNER NER nor ENGINEER shall he responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taus: 6.15. CONTRACTOR shall pay all sales, consumer. use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I I I J I I 1 I I I I I In I I I I the Project which are applicable during the performance of the Work. ' Use of Prrmues: 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 loid 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 Repnsentative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria. materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the -information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. SubmiSal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 27 6.25.1.1all field measurements, quantities, dimen- sions, specified performance criteria; installation require- ments, materials. catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage. assembly and installation pertaining to the performance of the Work. and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shalt not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract I I I I LJ I I I I H I I I I I I [_ 1 I I I I r I I I 1l Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incoiporated in or accom i " panytng 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. 30. CONTRAC7OR'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 defecilve. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's.obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; ' 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; ' 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 1 28 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 byOWNER. Addition — See SC 6.30.3 fndemnifrcauon: 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, warranties and guarantees made in. required by or given in accordance with the Contract Documents. as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Additions see SC 7.5 Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER -s own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents. then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles ii and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7,2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER altd the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. C ,, 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person. firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8_OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRA& TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. Delete 8.5 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. I I I I I [I I I E I I L.1 I I I [1 I I '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 Ithereto, 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 Ithe Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION I OWNER's Representative: 9.1. ENGINEER wilt be OWNER's representative during the construction period. The duties aitd 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. IVisits 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 Imade 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 ill keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set 'forth in paragraph 9.13, and particularly, but without limitation• during or as a result of ENGINEER's on -site visits or I. 30 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 Representarve: 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 Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or C that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples. see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, II. and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment. see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR, ENGINEER will review with CONTRACTOR the EN- GINEERS preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement:' entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER'S decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGIN EER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Reso- lution Agreement:' entered into -between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGIN EER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.1 1. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.1 I with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 31 9.13. Limitations an ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking. exercise or performance of any authority or responsibility by ENGINEER shalt create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor. any Supplier, any other person or organization. or to any surety for or em- ployee or agent of any of them. n I I I I C I Li 1J I I I I I I El 1 I I I C I C I I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods. techniques, sequences or proce- dures of construction. or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing an, 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. IARTICLE ID --CHANGES IN THE WORK I I I I C] I I 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 involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any. of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. ' 32 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; 4 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 Ii —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- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the 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 I be valid if not submitted in accordance with this paragraph 11.2. - 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3. inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the wont: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules ofjob classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and otherpersonnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, exciseand payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3.payments made by CONTRACTOR to the Sub- conti actors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWN ER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. I I I I H I 11.4.5. Supplemental costs including the following: I 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost Less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or pars shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. I I I L 11 I I L C1 33 1 i I I I I I I C I II I I I I I I CI 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise,- sustained by CONTRACTOR in connection with the performance and furnishing. of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If. however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site. ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 ocsperifically covered by paragraph 11.4.1 all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them -or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead 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 through11.6.2.5, 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. 34 E Cash Allowances: I I.B. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Wor*: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. Replace 11.93 with SC 11.9,3 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article II if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work: and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 --CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. . - 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 35 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR. the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) I I I I [II I I I I I I I I Li I 1 1 1 1 delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God.or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. r: ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE. OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Wort: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 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 stall 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. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable' that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article II. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation.inspection, testing, replacement and reconstruction; and. if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWNER May Stop the Work: 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 36 I shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed. or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Rriod: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particularitem of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Accepmnce of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work. OWNER (and, prior to ENGI- NEER's recommendation of final payment. also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs. losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and O W N ER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recummenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWN ER may. after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR's tools; appliances, construc- tion equipment and machinery at the site and incorporate in the - Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR' but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. I I I I I I I [1 I I I E ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Vahm. 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 ' I I I C I J• will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. :, Application for Progress Payment 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 Applicanons 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 9.1C. and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and ;irograms 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.?. 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, 38 14.7.6. Liens have been filed in connection with the ENGINEER in writing prior to ENGINEER's issuing the Work, except where_ CONTRACTOR has delivered a definitive certificate of Substantial Completion, ENGINEER's specific Bond satisfactory to OWNER to secure the aforesaid recommendation will bebinding on OWNER and satisfaction and discharge of such Liens. C0NTR.c'TOR until final payment. 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended. or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14,7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- - stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion. but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Portia) Utilization: 14.10. Use by OWNER .At OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER. ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of -the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 39 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all I I I I I Il I I I I I I I L G I Li 7 1 I I L I. 1 I I L I I I I I I L particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are -necessary to complete such Work or remedy such deficiencies. , Find Appffea0on for fttyrfl 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 forwhich 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*fumish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to all 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 waiverof all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both. directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 7 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction: 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any.) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACt-OR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACPOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy of OWNER. elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior tathe effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3, for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate. 41 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE I6 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement.' to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise H I G I 1J I I C I I I I J [I C C I 1 1 1 1 1 1 1 1 1 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. - ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage [,repaid, to the last business address known to the giver of the notice. r, 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. Noace of Claret: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property becauseof 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. Cumulanve Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any -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. Professional Fees and Court Costs Included: 17.5, Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.] 42 1 I SUPPLEMENT TO THE GENERAL CONDITIONS The following Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not :9O amended or supplemented remain in full force and effect. SC -1 Definitions and Abbreviations: In addition to the provisions of Article 1, the following supplemental definitions apply: "Owner" shall mean the City of Fayetteville, Arkansas, acting thorough its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. "Engineer" shall mean the City of Fayetteville Engineering Division (telephone 501-575-8206). Note "OWNER", "ENGINEER" and "OWNER and ENGINEER" may be used interchangeably. "Resident Project Representative" shall be the authorized representative of the "Engineer". "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by bonds, and whose signatures are attached to such bonds. _ "Advertisement" shall mean the all legal publications pertaining to the work of this contract. "Plans" shall mean, collectively, all of the drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as the Engineer may issue from time to time in order to clarify the drawings, or for the purpose of showing changes in the work as authorized under the section "Modifications and Alterations," or for the showing of details which are not shown thereon. "Grade" as used in these specifications shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the plans on file in the Engineer's office. Whenever the following abbreviations are used, they shall have the corresponding meaning as shown below: AASHTO - American Association of State Highway Officials ACI - American Concrete Institute AGA - American Gas Association AHTD - Arkansas Highway and Transportation Department ASHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U.S. Government 1 NHBA - National Builders Hardware Association NEC - National Electric Code NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association NPT - National Pipe thread SBC - 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 submitted, 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 R7 I I 1 1 I 1 1 I his power -of -attorney. The mere countersigning of the bonds by a resident agent ' 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 Commission of the State of Arkansas. SC5.1.2 Additional information. The Contractor shall provide the bonds as ' described in these sections within ten (10) days after the receipt of the NOTICE OF AWARD. For contracts in excess of $100,000.00 the bonds shall be issued by a bonding ' company listed by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000.00, but less than $1;000,000.00 - "B+" rating or higher and contract amount may not exceed 2.0% of the policyholder's surplus. (2) contracts in excess of $1,000,000.00 - "A" rating or,higher and contracts may not exceed 2.0% of the policyholder's surplus. The expense of all bonds shall be borne by the CONTRACTOR. ' SC 5.2. Delete paragraph 5.2 of the General 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 is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond 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 sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such bonds shall be paid by the CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the OWNER. SC -5.3 Licensed Sureties and Insurers; Certificates of Insurance. SC5.3.1 Add the following new paragraph immediately after paragraph 5.3.1 of the General Conditions which reads as follows: ' The CONTRACTOR shall furniih performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident. local agent who is licensed by the Arkansas State Insurance- Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. ' The mere countersigning of the bonds by a resident agent 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 Commission of the State of Arkansas. SC5.3.2 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor. . .") in its entirety. SC5.4. CONTRACTOR'S Liability Insurance: Add the following paragraphs immediately after the respective paragraphs ' 3 I 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 I LI I I I I 4 1 1 5_6 Property Insurance. CONTRACTOR shall purchase and maintain until final ' payment property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of OWNER, ' CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as insureded or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious ' mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to the ' fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stared on and off the site or in transit when such portions of the Work are to be included in an application for payment. The polices of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal ' refused until at least 30 days prior written notice has been given to the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2. SC5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: SC5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed. SCS.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: SC 5.8. Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. _ All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such 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 from the certificates. SC5.10. Delete paragraph 5.10 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. SCS.13. Delete paragraph 5.13 of the General Conditions in its entirety. 1 I I 5 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 CONTRACTORS 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 I I C I I I I I I I I I I I I I I I or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim .for an Extension of Time in accordance with Article 12 of the General Conditions., An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER 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 ENGINEER for activities that are their respective contractual responsibilities. SC -8 OWNER'S RESPONSIBILITIES - - - 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 following paragraph 10.5 of the General Conditions to read: 10.6. Limits of Authority. CONTRACTOR shall note and abide by the following OWNER'S and ENGINEER'S limits of authority for changes 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 or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority City Engineer - $5,000.00. Public Works Director - $10,000.00 Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council. SC 11 CHANGE OF CONTRACT PRICE. SC 11.9. Unit Price Work. Paragraph 11.9.3 of the General Conditions is hereby • deleted in its entirety and the following is substituted in its place: ' 11.9.3 The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 11.9.3.1 if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of ' that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and ' 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3 if CONTRACTOR believe that it has incurred additional expense as a result 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 -la 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. 0 I SC 14.2.3. The ENGINEER, based upon data gathered during the construction ' process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. The CONTRACTOR shall furnish to the ENGINEER such detailed information including invoices from material suppliers as the ENGINEER may request to aid in the preparation of the ' progress payment estimate. All payment requests are subject to retainage as determined by the ENGINEER. Retainage shall be 10% of said estimate until 50% of the work has been fully completed. At 50% completion, further partial payments shall be made to the contractor in full with no additional retainage ' unless the ENGINEER determines that the project is not progressing sa isfactory, in which caseadditional retainage may be retained to a maximum of 10%. When the work is substantially completed, any retained amount may be paid to the contractor except the OWNER shall retain an amount sufficient to cover any work ' not yet completed. The release of retainage will be determined by the ENGINEER. If the OWNER or ENGINEER shall at any time fail to make the CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the contract. Note, the failure of the Contractor to provide an I. accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. SC 14.4. Review of Applications for Progress Payment. Delete the last sentence of paragraph 14.4 of the General Conditions and replace with the following: I I I II I I I I I I After the required internal reviews and processing by the City of Fayetteville, the City will diligently proceed to make payment to the contractor, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the City cannot guarantee the 30 days maximum time. _ I Section 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: Replacement of approximately 3570 feet of 8", 515 feet of 6", and 250 feet of 4" water mains. Also re- connection of 7 fire hydrant, and approximately 135 service lines. 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. 1 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 conditons 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 ' I [1 I C I I P I each schedule shall prepare a detailed schedule of all construction operations that shall not only indicate the sequence of the work, but also the time of starting and completion of each part. The schedule shall be submitted to the Engineer for his approval. For projects with a total estimated costs of up to $100,00.00 the Contractor may submit a schedule(s) based upon bar charts, narrative or Critical Path Network Diagram. For Projects with a total estimated costs in excess of $100,000.00 the Contractor shall submit the schedule(s) in the form of a Critical Path Method (CPM) Network Diagram. The contractor shall also be required to submit 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 shown on the plans and shall use due care in placing construction tools, equipment, excavated materials, and pipeline materials and supplies, so as to cause the least possible damage to property and interference with traffic. The placing of such tools, equipment, and materials shall be subject to the approval of the Engineer. The 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 outside of the rights -of -way and easements, and shall make satisfactory settlement for the damage directly with the property owner and tenant involved, as their interests may require. All work performed, and all operations of the Contractor, his employees, or his subcontractors, within the limits of railroad and highway rights -of -way shall be in conformity 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 interfere with the construction operations shall be maintained by the Contractor until the completion of the work affected thereby, unless written permission is obtained from the City of Fayetteville thereof to leave an interfering fence dismantled for an agreed period of time. Where fences must be maintained across the right-of-way, adequate gates shall be installed therein. Gates shall be kept closed and ' locked at all times when not in use, with duplicate keys furnished to the Engineer. i ' Upon completion of the work across any tract of land, the Contractor shall restore all fences to their original or to a better condition and quality, purchasing new material and replace all materials lost, damaged, or destroyed. Temporary gates installed by the Contractor in any fence line may be left in place with the permission of the property owner and tenant of the property. 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 maintain all underground constructions uncovered or otherwise affected by the construction work performed by him. All pavement, surfacing, driveways, curbs, ' walks, buildings, utility poles, guy wires, and other surface structures affected by construction operations in connection with the performance of the Contract, together with all sod and shrubs in yards and parking removed or otherwise damaged, shall be restored to their original condition as determined and approved by the ' Engineer. All replacements shall be made with new materials. The Contractor shall be responsible for all damage to streets, roads, highways, shoulders, ditches, embankments, culverts, bridges, or other public or private property or facility, regardless of location of character, which may be caused by moving, hauling, or otherwise transporting equipment, materials, or men to or from the work or any part or site thereof, whether by him or his subcontractors. The Contractor shall make satisfactory and acceptable arrangements with the owner of, or the agency or authority having jurisdiction over, the damaged property or facility concerning its repair or replacement or payment of costs incurred in connection with said damage. All fire hydrants and water control valves shall be kept free from obstruction and available for use at all times. 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 conflict with 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. 9. Lines and Grades. All work shall be done to the lines, grades, and elevations shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to work, so that 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 I I I I I I I I 1J I I I I I I I 11 Ideducted from the contractor's payments Any work done without being properly located on grade or off alignment, may be ordered removed by the Engineer and replaced at the Contractor's expense. 10. Public Notification. The Contractor,on the basis of the schedule and progress shall be required to notify all adjacent property owners a minimum of 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. Contractor shall notify all residents 48 hours prior to any planned water service interruptions, and schedule the iterruptios between 8:00 A.M. and 5:00 P.M. whenever possible. I11. Storage of Materials. In general, the Contractor shall be responsible for the all material furnished by him and shall replace at his own ' expense all such material found defective in manufacture or damaged in handling. This shall include the furnishing of all material and labor required for the replacement 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 materials furnished by or to him and accepted by him, and intended for the work, until it has been incorporated into the completed and accepted project. All materials shall be ' stored in strict conformance to the manufacturer's recommendations. • Materials shall be stored so as to ensure the preservation of their quality and fitness for the Work. When directed by the Engineer, the materials shall be placed upon a wooden platform or other hard clean surfaces ' and not on the ground, and shall be placed under cover when so directed. Stored materials shall not be located so as to impede work or inspections. ' Pipe and accessories shall be loaded and unloaded by lifting with hoists or other equipment so as to avoid shock and damage. Under no circumstances shall material be dropped or dumped. Pipe handled on skidways shall not be skidded or rolled against pipe previously unloaded onto the ground. In distributing pipe material at the site, each piece shall be unloaded opposite or near the place it is to be laid in the trench. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign material at all times. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating ' or lining is damaged, the repair or replacement shall be made at the Contractor's expense in a manner satisfactory to the Engineer. 12. Saturday. Sunday, Holiday and Night Work. Refer to paragraph 6.3 of the General Conditions. ' All work shall be performed during the normal work hours of the City of Fayetteville Engineering Office, 8:00 a.m. - 5:00 p:m., Monday through Friday. No overtime work, no work on Saturday or Sunday, nor work on any legal holiday will be permitted without specific written pre -authorization by the Owner and Enginee r. 13. Monthly Estimates and Payments. , Refer to Article 14 of the General Conditions and the associated Supplemental Conditons. 1 L I 14. Connections to existing Facilities. Unless otherwise indicated or specified, the Contractor shall provide for all 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". I U I I I I 1J I I I 1J I I I I I El I ' 18. Security. The contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. Security measures shall be at least equal to those usually provided by the Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, lighting, barricades, watchman's services and other measures as required to protect the site. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from Contractor's failure to provide adequate security measures. 19. Safety. The Contractor is further notified and reminded of the presence of children in the general 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 parking areas for the use of the construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need of ' parking personal vehicles where they may interfere with the Owner's operations or construction activities, or normal traffic operation on public roads. C). jr(vate ' 21. Dust Control. The Contractor shall take all reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or application of an approved chemical dust suppressant. Dusty materials in piles or transit shall be covered to prevent blowing. Buildings or operating facilities which may be adversely affected by dust shall be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall be protected by suitable dust screens which include adequate ventilation features. 1 22. Temporary Drainage and Erosion Control Provisions. ' The Contractor shall provide for the drainage of storm water and such water as may be applied or discharged on the site in the performance of the work. Drainage 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 necessary to carry increased runoff attributable to the Contractor's operations. Temporary dikes shall be constructed as ' necessary to divert increased runoff from entering adjacent properties (except in natural channels or storm sewers), to protect the Owner's property, facilities and the work, and to direct water into natural channels or conduits. Retention shall be provided as necessary to prevent downstream flooding. ' The Contractor shall prevent the erosion of soil on the site and adjacent property resulting from the construction 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, silt 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 u� during construction. During construction, the Contractor shall keep the construction area in a clean, neat and workmen like condition atalltimes. 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 contractors proposed lab based upon sound Engineering principles. Copies of all testing reports must be forwarded directly to the Engineer by the testing laboratory. L I I I I I I [T I I I I I I I I I I I I I I I The method of measurement and basis of payment for each item as listed in the proposal shall be as stipulated I under item of Work. 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. - 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 City of Fayetteville Engineering Office. 28. Measurement and Payment. It is the intent of the proposal and the specifications that the total bid for each schedule, as submitted, shall cover all work shown on the contract drawings and required by the Specifications and other Contract Documents. All costs in connection with the work including furnishing of all materials, equipment, supplies, and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the work, shall be included in the unit and lump sum prices named in the proposal. No item of work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the proposal. All work not specifically set forth in the proposal as a pay item shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices named in the proposal. I Ii 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 blasting insurance is submitted, and experienced personnel licensed in the State of Arkansas for blasting is utilized. The plan must include as a minimum a pre -blast survey and the utilization of qualified seismographic procedures. ' 30. Excavation Safety. The current edition of Occupational Safety and Health Administration Standard for Excavation 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 291 of the 79th General Assembly of 1993. The Contractor shall be solely responsible for the implementation of these requirements. ' A copy of the OSHA regulations is included in this set of specifications as Appendix A. C1 I C C I 31. Utility Mix - Slurry mix "pourable" backfill. Where shown on the plans, a "pourable" backfill, also called utility mix, shall be used. The utility mix shall be a low strength concrete mixture that is readily digable with standard equipment. The mixture shall be in the ratio of 3400 Ibs sand: 150 Ibs cement: 100 Ibs flyash. The mixture shall be plant mixed and shall have a compressive strength of 300 psi at 28 days. The design of the mix may be modified if approved in writing by the Engineer. Normal strength concrete shall not be used for utility mix. I I Section 140 SCHEDULES, PROGRESS MEETINGS AND PUBLIC NOTICE 1. General. 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) 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 I I I I I C I I I L] Li I I I I Section 150 PARTIAL PAYMENT ESTIMATE FOR WATER LINE CONSTRUCTION ' 1. General. ' The Engineer will prepare monthly, or periodic partial payment estimates in accordance with Article 14 of the General Conditions and Article SC14 of the Supplementary Conditions and as further specified herein. The estimate will include all work done through the third Friday of each month, or other acceptable ' pre -approved date. Payment for material on hand will not be allowed on this project. The procedures used by the ' will generally be as set of A. Pipeline bid items. be determined by converting ' length of pipe for purposes increments of, completion increments are: Engineer in determining the amount due each period t below: The amount to be paid under pipeline bid items will the footage of pipe laid into an equivalent value of of payment. This value will be the sum of percentage of the pipeline construction. These percentage 1. for all pipe properly laid in the trench, properly backfilled and compacted, 70 percent of the bid price; 2. for all sections of the pipeline where topsoil has been replaced and ' cleanup is essentially completed without interruption from the beginning point of pipeline construction (final fence, seeding and sod are excepted), an additional 10 percent of the bid price; ' 3. for all sections of pipeline that have passed specified pressure and leakage tests, and has been successfully sterilized as specified, an additional 10 percent of the bid price; ' 4. for all sections of pipeline where the final cleanup, with final fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additional and final 10 percent of the bid price. 5. Payment for material on hand will not be allowed on this project. B. All Bid items except pipeline The amount paid under these items will be • based on the estimated value of the completed work at the time of the estimate. C. Estimate of units. The estimate of units under each item will be determined as set out above. In addition, the retainage in effect at the time the estimate is prepared will be withheld. 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. I I I I Section 310 PIPE BEDDING MATERIAL ' 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 pipe bedding material as shown on the contract plans and herein specified. ' 2. Materials and execution All pipe bedding materials shall be: ' (1) 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, or (2) "Grit" as locally manufactured from crushed limestone. All "grit" material shall be durable crushed aggregate with a maximum particle size of 5/16 inch and a maximum percentage passing the no. 200 sieve of 10 percent. (3) Sand. Sand shall consist of clean, hard, durable uncoated grains free from lumps, clay and organic materials, All (100%) of "sand" shall pass a no. 8 sieve. 3. Execution. All pipe, regardless of type and material composition of the pipe, shall be bedded with a minimum of 6 inches below the pipe to a minimum of 6 inches over the top of the pipe. Bedding material shall be placed in maximum of 6 inch lifts and compacted with mechanical tamping equipment. The Contractor shall use special care under pipe haunches and fittings. 4. Testing and submittals. The Contractor, prior to delivery of material, shall furnish the supplier's certificates of compliance with these specifications. . 5. Payment. NO SEPARATE PAYMENT shall be made for pipe bedding material, complete as shown and specified.' n Section 40O CLEARING RIGHTS OF WAY,CUTTING AND REPAIRING FENCES 1. GENERAL 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". 2. CLEARING RIGHTS OF WAY Parts of construction are indicated on the Plans as being through lawns, planters, 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. (B) 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 ue repiacea at the contractor's expense. No trees shall be cut or removed unless clearly marked to be removed by the Engineer. All limbs and other debris requiring removal shall be hauled from the site 1 1 1 1 1 I I J I and disposed of at the option of the Contractor. (C) Power Lines. Where the -Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for "tying off" poles. ° It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission line. It is strongly recommended that low profile construction equipment be used and that a minimum 15 feet vertical clearance be maintained between any equipment and transmission conductors. ' Unless the water line is specifically set out to cross within the limits of the power line right of way, the Contractor shall not alter or work within the limits of the existing power line right of way. ' (D) Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions are to be removed anc replaced along the right of way. These shall be removed and protected. After pipe construction is complete, they shall be replaced in their original conditions. ' ' (E) Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. Prior to the cutting of fences the Contractor shall install a brace post assembly in the existing fence on ' each side of the water line. The exact location for the brace post assembly shall be field determined. The tension of the existing fence shall not be reduced. The Contractor shall then construct temporary fencing so as to maintain livestock in the original pasture during the ' construction period. There is no separate pay item for temporary fencing. After the pipeline has been installed, backfill placed and compacted, and excess material removed, the Contractor shall rebuild the fences across ' the right of way. Fencing shall be replaced according to the type of fence to be crossed during construction using new materials which are equal to or better than the original fencing materials. ' Where removal, replacement or repair of chain link, ornamental iron, wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. (F) Restoration of Property Markers. Where property markers or public right of way markers have been disturbed or will be removed in the course of construction, the Contractor shall retain an Arkansas Registered Land Surveyor to witness the position of the marker prior to disturbance or ' removal. After the completion of construction, an Arkansas R.L.S. shall be retained to restore all disturbed or removed markers to their original position. ' The Contractor is responsible for taking steps necessary to assure the safety of any livestock in the vicinity of the construction area. 1 ' END OF SECTION Li 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. 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 Li I I I1 C I I I I I I L IT a) Removal of Pavement for Pipe Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the Plans. I. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. ' b) Removal of Pavement around existing Valve Boxes and other appurtenances. A square cut shall be made in the pavement area extending 18 inches each side of the valve box or other appurtenance. The pavement and underlying base and/or subgrade ' - material shall then be removed to the depth necessary to expose the existing object. This material shall be hauled from the site and disposed of by the contractor. ' 2. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. a), Removal of Pavement for Pipe Construction. The width of I. concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be as shown on the detail sheet of the ' Plans. The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. ' b) Removal of Pavement around existing Valve Boxes and other appurtenances. A square cut shall be made in the concrete pavement within an area extending 12 inches each side of the ' valve box or other appurtenances. The pavement and underlying base and/or subgrade material shall then be removed to the depth necessary to expose the existing object. This material shall be hauled from the site and disposed of by the ' contractor. 3. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. ' a) Removal of Surface for Pipe Construction. The width of unpaved surface removed along the normal trench line for the installation of pipe shall be the standard trench width as ' defined on the detail sheet of the Plans plus 24 inches on each side of the trench. The length of unpaved surface removed along the normal trench ' line for the installation of fittings or other appurtenances shall be the dimension of such structure plus 12 inches. ' (D) Sidewalk.and Curb and Gutter Removal. Sidewalk and curb and gutter shall only be removed as shown on the plans or at the direction of the Engineer. The width of concrete removed when so directed shall be the standard trench ' width as shown on the plans plus a minimum of 18 inches on each side of the trench to the next existing joint. ' (E) Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional 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 the unit price bid for the appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. I I I II I I I I CI I I I I I 3 1 J ISection 406 PIPE FOR WATER LINES - GENERAL 1 General. The pipe for water lines to be used on this specific project shall be as follows: II L L I I I J I I J I J J I I Size Materials I.D. - Inches Pipe Type Specifications 2 inch Polyvinyl Chloride (PVC) ASTM D-2241 4 inch and larger Polyvinyl Chloride (PVC) AWWA O900 The pipe shall further be manufactured, furnished installed, flushed, tested and disinfected in accordance with the following sections of these Specifications: Pipe material Specification Section Ductile iron 411 PVC 412 All water mains shall be laid a minimum of 10 feet horizontally from any existing or proposed sanitary sewer including force mains. The 10 feet minimum distance shall be measured from edge to edge. If conditions in the field will not permit the 10 feet required separation, then the contractor shall immediately notify the Engineer for further instructions. All water mains which cross sewers shall be laid to provide a minimum of 18 inches positive vertical clearance for the water line above the sewer lines as measured from edge to edge. This shall be required if the water line is initially above or below the sewer line and must also be worked with the minimum cover requirements. At all crossings, the water line pipe shall be adjusted to provide one full length of water line pipe over the sewer line with both joints located as far as possible from the sewer line: All water line shall be laid in the dry. Work shall not be permitted during rain or with water standing in the trenches. All water line trenches shall be subject to inspections. The Contractor shall not backfill any trench or cover any fitting or blocking until the water lines or appurtenances have been approved by the Engineer or his representative. End of Section 406 I I Section 411 DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS , 1. Ductile Iron Pine and Ductile Iron Pipe Fittings. Unless otherwise shown on the Plans or specified, all pipe and pipe fittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used only as indicated on the Plans, and shall be in conformance with this Specification. a. Ductile Iron Pipe. All ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids," AWWA Standard C151, latest revision, and shall be designed to withstand compacted earth loadings as applied according to the conditions set out on the Plans with an AASHTO HS -20 truck live load. The external loading shall be based on a soil density of 120 pounds per cubic foot and Type 3 standard laying conditions. All ductile iron pipe shall be pressure Class 350 and shall be designed in accordance with the requirements of 'Thickness Design of Ductile Iron Pipe,' ANSI/AWWA C150/A21.50-91, effective March 1, 1992. b. Compact Ductile Iron Pipe Fittings (3 Inch Through 16 Inch). All fittings 3 inches through 16 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for "Ductile Iron Compact Fittings, 3 Inch Through 16 Inch, for Water and Other Liquids." c. Ductile Iron Pipe Fittings (Larger Than 16 Inch). All fittings larger than 16 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C110/A21.10, latest revision, for "Ductile Iron and Gray -Iron Fittings, 3 Inch Through 48 Inch, for Water and Other Liquids.' d. Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with "Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings,ANSI/AWWA C111/A21.11, latest revision. e. Restrained Joints. Where shown on the Plans, restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained joint pipe shall be 'TR Flex,' as manufactured by U. S. Pipe, Flex -Ring" joint as manufactured by American Ductile Iron Pipe, or equal. f. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using MJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option... 2. Flanged Ductile Iron Pipe with Threaded Flanges. Where shown on the ' Plans, the Contractor shall furnish and install flanged ductile iron pipe and flanged ductile iron fittings in accordance with the following Specifications. e ' a. Pipes and Flanges. All flanged pipe furnished on this project shall be ductile iron pipe. in conformance with the requirements for 'Flanged Ductile Iron Pipe with Threaded Flanges,' ANSI/AWWA C115/A21.15, latest revision. ' b. Bolts and Gaskets. Bolts and gaskets shall meet the requirements of ANSI/AWWA C111/,A21.11, latest revision, for 'Rubber -Gasket Joints for Ductile -Iron Pressure Pipe and Fittings.' ' 3. Cement Mortar Lining. All ductile iron pipe and ductile iron pipe fittings shall have a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4. ' 4. Outside Coating. All ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factorycleaned and primed as set out below. ' a. Factory Primed Pipe. Unless otherwise shown on the Plans, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. b. Bituminous Coating. All pipe and fittings indicated for buried ' service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. ' 5. Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. ' 6. Pipe Bedding Material. Material used for bedding ductile iron pipe shall be as specified in Section 310, PIPE BEDDING MATERIAL. 7. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required, shall be aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications. The crushed limestone supplier shall submit certificates ' stating that the materials provided are in conformance with these Specifications. 8. Concrete. Concrete used for reaction backing, pipe cover, or pipe ' encasement shall be in conformance with the Concrete section of these Specifications. 9. Affidavits of Compliance and Independent Laboratory Inspection. All ' ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA ' Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for 2 I certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. I I I u I I I] I I I I I 2. Alignment and Grade. The water main shall be laid and maintained.to the required lines, grades and top of pipe elevations shown on the construction Plans with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. The Contractor shall provide survey layout ,(conducted by qualified experienced surveyors) to maintain the required grades and alignments. The Contractor shall provide the Engineer with a written tabular list of layout cuts, station locations and hub offsets for all pipe laying. The required tabular list for any given segment of the pipeline shall be provided to the Engineer at least five working days in advance of excavation of the segment in question. 3. Creek or River Crossings. This section of the Specifications does not govern the construction of creek or river crossings. All creek and river crossings as set out on the Plans or as specified, shall be constructed in accordance with Section 493 of these Specifications. 4. Installing Ductile Iron Pipe. Ductile iron pipe and ductile iron pipe fittings shall be installed in conformance with the recommendations of AWWA C600, latest revision, for Installation of Ductile Iron Water Mains and Their Appurtenances,' and in conformance with the Plans and Specifications. S. Requirements Preparatory to Trench Excavation. In all areas where water lines, dalves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are set out elsewhere in these Specifications. 6. Trench Excavation. All excavation of any nature shall be unclassified and ' payment for same shall be included in the unit price bid for furnishing and laying of the various sizes of pipe in place. The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out elsewhere in this Specification. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged. a. Trench Depth. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. I (1) Land Level Normal to the Direction of the Pipeline. -A.minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. (2) Cut Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. (3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall be in general conformance with the typical ditch section as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying the pipe. In general, such excavation shall not exceed 100 feet, and trench excavated to grade shall not exceed 100 feet. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. 7. Ductile Iron Pipe Bedding. After the trench has been excavated as set out above, the ductile iron pipe shall have a bed prepared according to the type of area through which construction is proceeding. a. Pipe Bedding. The ductile iron pipe shall be bedded in bedding material as specified elsewhere in these Specifications. The pipe shall be bedded from a point 6 inches below the bottom of the pipe barrel to 6 inches over the top of the pipe. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense, except as provided in 411-C.8 below. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b. Pipe Bedding (Driving Surfaces. Curb and Gutter. nr Arpac tin`lc.r1.in by Solid Rock). Where the water line excavation is within the limits and approximately perpendicular to or crossing curb and gutter or driving surfaces, including paved and unpaved roads, driveways or parking lots, the bedding material shall be aggregate base course, class 7. Where the bottom of the trench is solid rock, the pipe bedding material shall be aggregate base course, Class 7. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The bedding material shall be aggregate base course Class 7. The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. 8. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with 5 , I I L I L L I Cl I I I I I I aggregate base course, Class 7, in 6 inch uncornpacted layers. The layers shall be hand or machine tamped so asto provide a uniform and continuous bearing, and support for the pipe at all points along the pipe length. Extra payment will be made for the additional trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting asthe need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. This section does include all requirements for trench safety and the Contractor shall comply with the OSHA requirements for trench safety as specified elsewhere in these specifications. 10. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron pipe water line be laid in a trench that has not been properly dewatered. 11. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. 12. Concrete Reaction Sacking. All ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with 8 mill polyethylene prior to the placement of reaction backing. 13. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 14. Concrete Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. 15. Concrete Thrust Anchors. Where shown on the Plans or otherwise directed by the Engineer, concrete thrust anchors shall be constructed as shown in detail on the Plans. Actual dimensions of the anchors will be determined by the width of the trench at each location where an anchor is to be constructed. I 16. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed in accordance with these Specifications. I 17. Flushing, Sterilizing and Testing of Ductile Iron Pipe Water Lines. Newly laid water lines shall be flushed, sterilized and tested in accordance with these Specifications. 18. Cleanup. Cleanup shall be in accordance with these Specifications. 19. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made in accordance with these Specifications, as applicable. END OF SECTION 411 I I Li I I I I I C I 7 , I I Section 412 POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WAT-ER LINES A. GENERAL The work to be included under this section of the Specifications shall consist - of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Polyvinyl Chloride (PVC) Water Pipe a. Diameters of 2 Inch (no 3" nine allowed) PVC water pipe shall conform to the requirements of ASTM D-2241, latest revision. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 12454B PVC compound conforming to.ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. The pipe shall be pressure rated at 200 psi, with standard dimension ratio (SDR) 21 class 200 pipe. Net laying lengths shall be 20 feet ±1 inch. b. Diameters Larger than 4 Inch. PVC water pipe in these sizes shall conform to the requirements of AWWA C900, PVC1120 latest edition. The pipe shall be Class 200 with standard dimension ratio (DR) 14 PC 200 T800 . Net laying lengths shall be 20 feet ±1 inch. 2. Joints for PVC Pipe a. Diameters of 2 Inch. 3 Inch and 4 Inch. All joints for 2 inch, 3 inch and 4 inch diameter PVC pipe shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals." Joint bells shall be formed integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. b. Diameters Larger than 4 Inch. All joints for PVC pipe having diameters larger than 4 inches shall conform to the requirements of AWWA 0900, latest edition. 3. Fittings for PVC Pipe a. Diamecers.of 2 Inch and 3 Inch. All fittings for 2 inch and 3 inch diameter PVC pipe shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals." Joint bells shall be formed integrally with the pipe and 1 shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. b. Diameters Larger than 3 Inches. Not allowed for Fayetteville 4. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded from a high grade, properly vulcanized, elastomeric compound consisting of either a basic natural or synthetic rubber. Gaskets shall be marked to show IPS for pressure rated pipe, nominal pipe size, manufacturer's identification, and year of manufacture. Gaskets shall be color striped on the side of the gasket that faces the open bell to facilitate proper installation. Gaskets shall comply with the requirements of ASTM Specification F-477, "Elastomeric Seals (Gaskets) for Joining Plastic Pipes." 5. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable for water piping use at temperatures from S° to 120° F. (-15° to 50° C.). It shall have no deteriorating effect on the gasket or pipe material. It shall be non-toxic and not support the growth of bacteria. It shall be water soluble and shall not impart taste or odor to water in the water line which has been properly flushed. Containers shall be labeled with the manufacturer's name and identified as PVC pipe joint lubricant. Each lubricant container shall ave printed instructions for usage and joint assembly. 6. Polyvinyl Chloride Pipe Bedding Material. Bedding material for PVC pipe shall be as specified in Section 310, PIPE BEDDING MATERIAL. Note: There is Do special pay item for PVC pipe bedding material. This item shall be considered subsidiary to the PVC pipe. 7. Crushed Stone Base Trench Backfill. Crushed stone base trench backfill (where required) shall be aggregate base course, Class 7, as specified elsewhere in these Specifications. Note: This item shall be paid for at the unit price bid in the Bid, and as set out in the Methods of Measurement and Payment. 8. Concrete. Concrete encasement or cover (where required) shall be as specified elsewhere in these Specifications. 9. Special Pipe Cover. Special pipe cover (where required) shall be as set out for bedding gravel as hereinbefore specified. Note: There is no special pay item for special pipe cover. 10. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The Contractor shall furnish to the Engineer, prior to delivery, manufacturers' certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. 2 1 1 I I 1 7 I I F I If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. - 11. Tracer Wire. Tracer wire shall be 14 gauge coated copper for underground ' burial and shall be taped to the top of the pipe at 12 foot intervals. Additionally, the trace wire shall extend from the main along all services into the meter box. C. POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION Ii. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, ' fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground ' or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; ' and maintain the street or other surface over the trenches as.specified. 2. Alignment and Grade. The water main shall be laid and maintained to the ' required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Polyvinyl Chloride Pipe. Pipe and fittings shall be installed in conformance with the recommendations of ASTM D-2774, "Underground Installation of Thermoplastic Pressure Piping," and in conformance with the Specifications hereinafter set out. . 4. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to be constructed, the existing surface shall be removed prior to excavating the trench. There is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which water line construction occurs and are specified elsewhere in these Specifications. 5. Trench Excavation. The construction of this project is through an area of widely varying soil types and depths. Rock excavation may be required in some instances. All excavation of any nature shall be unclassified and payment for same shall be included in the unit price bid for furnishing and laying.of the various sizes of pipe in place. 3 El The trench shall be excavated so that the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as set out below in these Specifications. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged during trench excavation. a. Trench Depth. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. 1) Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. 2) Cut Surfaces. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the adjacent low surface of the right of way. 3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of ' the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding material or concrete as necessary to prevent crushing of the water pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. c. Trench Length. The Engineer shall have the right to limit the amount of trench excavated in advance of laying of pipe. In general, such excavation shall not exceed 100 feet, and trench excavated to grade shall not exceed 100 feet or that length in which installation may reasonably be completed during the workday. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. 6. Polyvinyl Chloride Pipe Bedding. All PVC pipe shall be bedded in pipe bedding material. The pipe shall be bedded from a point a minimum of 6 inches below the bottom of the pipe barrel to a point a minimum of 6 inches above the top of the pipe by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe bedding 4 I 7 I I L L L I I L I Li [1 I El I material at the Contractor's expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. Note: Pipe bedding shall be subsidiary to the PVC pipe. 7. Excavation in Poor Soil and Refilling to Grade, Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth required. Before the pipe is laid, the subgrade shall be made by backfilling with crushed stone trench backfill in 8 inch uncompacted layers. The layers shall be hand or machine tamped so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Extra payment will be made for the additional crushed stone trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However, no additional compensation will be made to the Contractor for the additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the water line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. This section does include all requirements for trench safety and the Contractor shall comply with the OSHA requirements for trench safety as specified elsewhere in these specifications. 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or pipe bedding material at his own expense. Under no circumstances will polyvinyl chloride pipe water line be laid in a trench that has not been properly dewatered. 10. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alternation in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. 11. Concrete Reaction Backing. All PVC pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. 5 The backing shall, unless otherwise shown or directed, be so placed that ' the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with 8 mill polyethylene prior to the placement of reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary to water line installation. 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 13. Concrete Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. 14. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 15. Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall be hydrostatically tested as specified elsewhere in these Specifications for flushing, disinfecting and testing of water lines. 16. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. 17. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made as specified elsewhere in these Specifications. END OF SECTION I Li I I I 61 I • Section 413 POLYETHYLENE ENCASEMENT 1 A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. B. MATERIALS Polyethylene Encasement. Polyethylene shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness ' of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. IC. LOCATION Polyethylene.,, encasement shall be provided on all ductile iron pipe and all ductile iron or gray iron fittings, without regard to pipe material or type. ' D. CONSTRUCTION ' Polyethylene encasement shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. I ' It is the requirement of this contract that all metal pipes or fittings, and burned portions of fire hydrants be warpped in polyethylene encasement. 1 I END OF SECTION 413 1 L ' Section 450 GATE VALVES AND BUTTERFLY VALVES A. GENERAL The work to be included under this section of the specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of gate valves and butterfly valves. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Valves specified in this section are intended for buried use on water distribution lines and for use as auxiliary valves for fire hydrants.. Unless otherwise shown on the Plans, all valves .12 inches (nominal diameter) and larger shall be butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be resilient seated gate valves. 1. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for approval by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been approved by the Engineer. 2. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWA C509, latest revision, for "Resilient Seated Gate Valves, 3 Through • 12 NPS, for Water and Sewage Systems." All gate valves shall be designed for a minimum of 200 psi working pressure. All gate valves shall be M&H, AWWA C509 Resilient Seated Gate Valves or approved equal (Waterous, Muller, Clow...). a. Stem Seal. All gate valves shall have "O" ring stem seals. The "O" I. ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. b. Valve Ends. All gate valves shall have standard mechanical joint ends unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Plans. c. Operation. All buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left (counterclockwise) as viewed from the top. Where shown on the Plans or specified, handwheels in 1 conformance to AWWA C509 shall be provided. - d. Protective Coating. The interior and exterior of the valve body, bonnet and seal plate shall have factory applied fusion bonded epoxy coating meeting AWWA C550 latest revision. e. Testing. The valve shall be tested in accordance with AWWA C509, latest revision. f. Affidavit of Corp. Engineer prior to all materials use of AWWA C509 and specified therein have been met. Dliance. The manufacturer shall furnish to the delivery, an affidavit stating that the valve and d in its construction conform to the requirements AWWA C550, latest revisions, and that all tests have, been performed and that all test requirements I L I I El 3. Butterfly V3 es. All butterfly valves furnished and installed shall be Class 250B in conformance with the requirements of AWWA C504, latest revision, for "Rubber Seated Butterfly Valves." All butterfly valves shall be groundhog type, as furnished by Henry Pratt Company, or equal. a. Body. The valve body shall be constructed of cast iron ASTM A-126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be in strict accordance with AWWA C504, latest revision, Class 2508. b. Valve Seats. All butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1) Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. 2) On valves 24 inches and larger, all seats shall be of a synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, segments, screws or hardware of any kind in the flow stream. Seats shall be a full 360° without interruption and have a plurality of grooves mating with a spherical disc edge seating surface. Valve seats shall be field adjustable around the full 360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Manufacturer shall certify that rubber seat is field replaceable. c. Valve Discs. Valve discs shall be as follows. 1) Valves 12 inches through 20 inches nominal diameter: Valve discs shall be constructed of alloy cast iron ASTM A-436, Type 1. 2) Valves 24 inches nominal diameter: Valve discs shall be cast I 21 II iron with a stainless steel seating edge. 3) Valves 30 inches through 48 inches nominal diameter: Valve discs shall be ductile iron with a stainless steel seating edge. d. Valve Shaft and Bearings. The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. e. Operator. The valves shall be operator, fully gasketed and burial. The operator shall be 2 inch square operating nut shall be designed to open wit operator nut. equipped grease designed for use h •a coun with a totally enclosed type packed, suitable for direct for operation with a nominal with a T -wrench. Operators terclockwise rotation of the f. Painting. All valves shall be painted in accordance with AWWA C504, latest revision. g. Testing. The valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, latest revision. h. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C504, latest revision, and that all tests specified therein have been performed and that all test requirements have been met. .4. Outside Coating. All butterfly valves shall have either a bituminous exterior coating or shall be delivered to the site factory cleaned and primed as set out below. a. Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall •be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. b. Bituminous Coating. All valves indicated for buried service shall have a bituminous coating in accordance with applicable AWWA Standards. 5. Valve Boxes. All buried valves shall be equipped with cast iron valve boxes. The valve boxes, including all appurtenances, shall be cast iron. The valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER." All valve boxes shall be compatible with the gate or butterfly valves for which they are provided. The manufacturer shall submit: three sets of drawings prior to delivery for approval by the Engineer, showing the principal dimensions, construction details, and materials used in construction of the valve box. 6. Concrete. All concrete used for the placement of valve box collars shall be in conformance to the Concrete section of these Specifications. 3 7. Tapping Sleeve and Valve. The Contractor shall provide and install tapping sleeves and tapping valves designed for use on ductile iron pipe at the locations shown on the Plans. The tapping sleeve and valve shall be mechanical joint. The tapping sleeve shall be Type JCM 412/415/10/432 or Smith Blair or approved equaltured by Mueller Co., Decatur, Illinois, or approved equal. C. All valves shall be installed at the locations shown on the Plans or at the direction of the Engineer, and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Valve Installation. Gate and butterfly valves shall be installed in accordance with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. 2. Visual Inspection. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior removed. 3. Valve Boxes. A valve box as specified shall be provided for each valve used in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished pavement. The valve box shall be backfilled evenly around its perimeter with select material. The material shall be hand tamped so that the ground will not settle after placement of the concrete collar. 4. Valve Box Collar. All valve box concrete collar placed around them. valve box lid and shall be 6 inches flush with the top of the box and surface. Valve box collars shall no cleanup has been completed. lids The thic the t be shall have an 18 inch square collar shall be centered on the k. The top of the pad shall be surrounding ground or roadway constructed until every item of I S I I I S I I [- C I_] 5. Dead Ends. Valves located at the end of pipelines shall have ductile iron , plugs or caps with or without blowoff cocks as shown on •the Plans. All dead end valves shall be restrained or blocked as shown on the Plans. END OF SECTION 450 4 1 C Section 461 PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL SEWER AND WATER A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for backfilling areas excavated during the construction of sewer lines, manholes, force mains, water lines, valves, fittings, fire hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. , B. MATERIALS ' Granular Base Backfill. Granular base backfill (where specified) shall be aggregate base course, Class 7, as defined in Section 303 of the 1993 Edition of the Arkansas State Highway Department Specifications. The Contractor shall ' submit suppliers' certificates stating that the material provided is in accordance with these Specifications. C. CONSTRUCTION Areas excavated for the construction of sewer lines, manholes, force mains, water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled.in accordance with these Specifications. 1. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the bedding material, shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be sufficiently free of rock larger than 2 inches, the trench may be machine backfilled. Should+the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use granular base to a depth of 12 inches above the top of the pipe. The trench may then be backfilled as outlined below. When pipe construction is within or crossing curb and gutter, parking lots, a street or other driving surface, the pipe protection cover shall consist of granular base trench backfill asdefined above. The pipe protection cover shall be placed from the top of the bedding or embedment of the -pipe to a point 12 inches above the top of the pipe by the trench width. 2. Backfillino. After the pipe protection. cover has been placed, the trench, excavated areas around manholes, valves, fittings, fire hydrants, and other appurtenances shall be backfilled with excavated material free from rock larger than 12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. 1 Extra care shall be exercised around manholes to assure that the backfill material is placed evenly around the perimeter of the manhole. Manholes shall not be backfilled prior to 12 hours after the manhole forms have been removed. a. Compaction. All pipeline trench backfill shall be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically -powered vibratory trench compactor or other equivalent equipment. Heavy compaction equipment shall not be used closer than 2 feet to the top of the pipe. Any backfill failing to meet the compaction requirements set out below shall be replaced and/or recompacted until the backfill materials meet the compaction specifications. Any costs associated with replacement, recompaction and testing shall be borne by the Contractor. All trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. In areas where the trench is parallel to or crosses any paved area or driving surface including streets, parking lots or driveways, the backfill shall be crushed stone trench backfill as specified in Section 300 CRUSHED STONE BASE (AHTD Class 7). The Crushed stone trench backfill (aggregate base course, Class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent modified Proctor density (ASTM D1557-78). One density test per crossing shall be required. Where the trench runs mostly parallel to the driving or paved surface one density test shall be required per 500 feet or portion thereof. An additional test will be made for each test failure at approximately 100 feet either side of failing test. The Engineer shall select the specific location for testing. Driving surface repairs shall be made in accordance with the Specifications governing the type of pavement repair to be made. In areas to be topsoiled, the density of the backfill material shall be tested at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory acceptable to the Engineer. b. Lawns. Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent of these Specifications to insure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to 5 repair the settled areas. c. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph 2.b above, except that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in topsoil free of roots, weeds, clay and rocks, and from a source approved by the Engineer, and shall do so without additional cost to the Owner. d. Steep, Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to insure that the backfill has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. - e. Sidewalks. Curb and Gutter Crossings. In all areas where excavation crosses or is parallel to and within the limits of a sidewalk or curb and gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified in paragraph 2.a above, which shall be compacted in accordance with the requirements of 2.a above. 3 !1 Cleanup. Cleanup shall be as specified elsewhere in these Specifications. Replacement and Repair of Driving Surfaces Sidewalks, Curb and Gutter. Replacement and repair of driving surfaces, sidewalks, and curb and gutter shall be as specified elsewhere in these Specifications. END OF SECTION 461 K, •I 3Y :.. :_••• A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. B. MATERIALS Water. Water for flushing, testing and disinfecting all facilities will be supplied by the Owner. The Contractor shall schedule and coordinate this work to ensure that it will not be carried on during periods of high water usage. Water valves on the existing water system shall only be operated by, or under the direct personal supervision of the City of Fayetteville Water Department. C. FLUSHING. TESTING AND DISINFECTION After completion of construction of all water lines, the Contractor shall flush, test and disinfect the new water lines as set out below. The Contractor shall carefully manage his flushing, testing and disinfection activities to minimize the wastage of water. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. If the Contractor requires additional amounts of water due to water line breaks, neglect on the part of the Contractor, or poor management of his activities, water shall be purchased from the Owner at their bulk rate. 1. Flushing. The Contractor shall fill and flush the newly constructed lines and visually check all combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. 2. Hydrostatic Testing. All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted only after the line is completed, including all taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor in the presence of the Engineer or Engineer's representative. The Contractor shall furnish all necessary pressure gauges, meters, and pumps and make all taps and connections. Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to the Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. a. Test rressure and Duration. Test pressure shall be the greatest of 150 percent of the static pressure or 200 psi, whichever is greater. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds 1 ' per square inch at the test point for a period of two hours. b. Definition of Leakage. The leakage test shall be conducted ' concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 ' psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. The Contractor shall be responsible for providing all pumps, equipment and appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line in order to maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. No pipe installation will be accepted until the leakage is less than the number of gallons per hour as determined by the formula: L = SDJ P 133,200 Where L = allowable leakage, in gallons per hour S = length of pipe tested, in feet D = nominal diameter of the pipe, in inches P = average test pressure during the leakage test, in pounds per square inch (gauge) Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. d. Visible Leaks. All visible leaks shall be repaired regardless of the amount of leakage. 3. Disinfection. After successful testing, the Contractor shall • empty the line of water. The line shall then be disinfected in accordance with AWWA C651, latest revision, for •"Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. The transmission line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete, the Contractor shall then flush the sterilizing solution from the lines, and the treated water lines will then be placed into service. E I The Contractor shall furnish personnel to assist the Owner in the operation of all valves, etc., to initially start up the system, if requested to do so by the Owner. 5. Acceptance. Upon successful completion of the sterilization, the dynamic test, and final cleanup, this contract will be considered complete. ' END OF SECTION 462 ' I C I 1l I I I I 1l I I 3 1 I Section 487 PIPELINE CLEANUP AND SEEDING A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Seeding and placing of straw mulch shall not be done during the period of June 15 through September 15. There is no separate pay item for cleanup, and this work shall be considered subsidiary to the unit price bid, for pipe. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept areas, including street rights of way that are kept as lawns by adjacent landowners. Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. Special Cleanup. Unless otherwise noted under paragraph 8.4 of this Specification, no special cleanup will be required. B. METHOD OF CLEANUP The method of'cleanup for each of the classes defined above shall be as set out below. 1. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been replaced to the same depth as adjacent undisturbed areas over 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 100 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 10-20-10 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 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 1 1 1 1 1 1 equal to the existing surface on either side of the trenching -area. The area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. Straw mulch consisting of good grade clean straw, free of weeds or seed shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 4. special Cleanup and Restoration Requirements. 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. In general,, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be ' cleaned up immediately behind construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with ' the continuing responsibility provisions of these Specifications. Failure of Contractor to make necessary repairs during the one year period will be cause for Owner to make or contract for such repairs and invoice 'the Contractor for all costs. ' 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have ' been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, municipal ordinances, or through'failure to employ usual and reasonable safeguards, such property and surface structures ' shall be replaced or repaired at the expense of the Contractor. 7. Access after Construction. Unless otherwise directed, all areas shall be I. graded after construction so as to be accessible by four' wheel drive vehicle. 1 8. Erosion Control. The Contractor shall terrace slopes where potential 'erosion problems may arise after construction. END OF SECTION 487 I 3 I Section 472 ' Fire Hydrants TECHNICAL SPECIFICATIONS , FIRE HYDRANTS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been , reviewed by the Engineer. 2. Fire Hydrants. All fire hydrants furnished and installed on this project shall be dry barrel hydrants in conformance with AWWA C502, latest revision, for "Dry Barrel Fire Hydrants," and shall be designed for a working pressure of 200 pounds per square inch gauge. Pressure class 200 fire hydrants shall be three-way, painted white above ground line with reflective paint 7216 3M. Three-way hydrants shall be Mueller New Centurion hydrants, Catalog No. A-423, or Waterous 51/4" WB67-90. a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the , dimensions shown in ANSI/AWWA C110/A21.10, latest revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch connecting pipes. d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped with a two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for a minimum 42 inch bury. However, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4 inch pumper nozzle. f. Operating Nut. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). g. Safety Stem Coupling and Safety Flange. All fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. h. Testing. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. i. Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery, an affidavit stating that the fire hydrant and all materials used in its construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have been performed and that all test requirements have been met. 3. Auxiliary Gate Valves, Valve Boxes, and Valve Box Collars. All fire hydrant installations shall have auxiliary gate valves, valve boxes, and valve box collars meeting all provisions specified elsewhere in these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe between the mechanical 1 472-1 II Section 472 Fire Hydrants r joint end. of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length shown on the Plans and shall be a locked hydrant adapter so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall be in conformance with the Concrete section of these Specifications. There is no additional pay for concrete for reaction backing or for valve box collars. C. CONSTRUCTION . . All fire hydrants shall be installed at the location shown on the Plans or at the direction of the Engineer and shall be installed in accordance with the detail sheet of the Plans and these Specifications. 1. Examination of Material. Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. 2. Placement. All hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. . The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. 472-2 I Section 472 Fire Hydrants Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer. 3. Location. Unless otherwise shown on the Plans, the hydrants shall be placed as follows. a. When placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 inches from the gutter face of the curb. b. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. 4. Connection to Mains. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. 5. Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that is pervious, drainage shall be ' provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. 6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to a sewer. 7. Reaction Backing. The bowl of each hydrant shall be braced against unexcavated earth at the end of ' the trench with concrete reaction backing as shown on the Plans or directed by the Engineer. IN NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE FIRE HYDRANT DRAIN PORTS. END OF SECTION 1 I I I I I 472-3 ' Li 1 .2' I I A. GENERAL TECHNICAL SPECIFICATIONS 2 INCH BLOWOFF Section 475 2" Blowoff The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of a 2 inch blowoff. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified., B. MATERIALS 1. Galvanized Steel Pipe. Threaded fitting pipe as shown on the Plans shall be unlined Schedule 80 steel pipe and shall conform with the requirements of ASTM A120-82, latest revision, and be galvanized in accordance with ASTM Specification A90-81, latest revision. 2. Galvanized Steel Pipe Fittings. All threaded fittings for galvanized steel of standard design and dimensions, and pipe shall be of cast iron, be of uniform style and pattern. Threaded fittings for galvanized pipe shall be galvanized in accordance with ASTM Specification A90-81, latest revision. 3. Gate Valves. The 2 inch gate valve, as shown on the Plan Detail for the 2 inch blowoff, shall conform to the requirements of AWWA C500, with a 2 inch square operating cap, threaded ends, and be a Mueller A2380-8, or approved equal. 4. Valve Box. The valve box shall be as specified in Section 450 of these Specifications. 5. Valve Box Collar. The valve box collar shall be as specified in Section 450 of these Specifications. 6. Vault. The vault shall be as shown on the Plan Detail for the 2 inch blowoff. 7. Concrete. All concrete shall conform Concrete section of these Specifications. 8. Class 7 Mineral Aggregate. The Class 7 sown on the Plan Detail for the 2 inch requirements of Section 403 of the Arkan Department Standard Specifications for Edition. C. CONSTRUCTION to the requirements of the mineral aggregate drain media blowoff shall conform to the ;as Highway and Transportation Highway Construction, 1978 The location of the 2 inch blowoff shall be as generally set out on the Plans. However, the exact location as well as the orientation and length of 475-1 Section 475 2" Blowoff the piping shall be determined in the field by the Engineer to ascertain that the vertical riser extends above natural grade. The valves shall be installed in accordance with the details shown on the Plans. The surface area disturbed in the construction of the 2 inch bluwoff shall be cleaned up and seeded as set out elsewhere in these Specifications. CI I [J I I I I I I 475-2 1 Section 491 CITY STREET CROSSINGS A. GENflAL 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 CIty streets and roads to the satisfaction of the permitting entity. The work shall include every item of work necessary for a complete and acceptable installation. B. MATERIALS 1• 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. S. 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 Coate 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 IL •M The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entity. Street crossings in the City of Fayetteville shall be performed in accord with the city of Fayetteville Code of Ordinances. The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shall be protected by adequate torches and lanterns. Execution of adequate safety precautions set forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc., prior to closing of any street. All areas excavated for the construction of 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 atone base shall be placed and compacted to 95 percent of modified Proctor density (ASTM 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 atone 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 C I I I Ll I I C] I I I I 1.1 I 21 L Ii I II Fl:L.i4t.J,aI1 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. the un 1. 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, 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 Asohaltic 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 Cutter -Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2, or Type 3 in accordance with Section 501 of the 1993 Edition of the Arkansas State Highway Department Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION The following ,Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the Standard Specifications for Highway Construction,' Edition of 1991, published by the Arkansas State Highway 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. Asphalt Pavement. Part 400 pgggn 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 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 1. Pavement Removal Five Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the appropriate Pipe Specification. All pavements which have been removed or damaged shall be repaired in accordance with these Specifications depending upon the type of pavement existing prior to construction. No payment for repair will be made 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 passing nuclear densometer test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. b. Unpaved Driving Surface Repair. After the trench has been backfilled 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 21 0 5 3 open trenches, the Contractor shall provide suitable bridges at street intersection■ and driveways. The Contractor ■hall post suitable signs, indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. Pilina Excavated Material for Reuse. All excavated material which is to be roused 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. 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. C eanu . Cleanup of areas behind the curb and gutter and around sidewalks shall be as set out elsewhere in these Specifications. END OF SECTION J , F • , : : This work consists of all concrete work, forms, reinforcing and related item• 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 Specification■ 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. L J I I I 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 exceptionsi 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. L [I I I L I L ' 7. TESTING The Contractor, under the Engineer's supervision, shall take samples and make tests as hereinafter listed for each 40 cubic yards of 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 ' ■hall 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 is 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 time■ 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 falls 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. 1 : Ii I I I I n F z E V v W E W a J W U Q \.Y N 3 W J a c a I- C a 0 W C O a E in r W u Nil 0 Ui - a Q W Q W m 0 F- 0 Z D N v Q Ui 6 IL 0 H a L :eera b a 19 Goi .. l O . r , A ' ' ° • : I 1111 Il •e'•. / T/. Ilf • wench Warl 371At =1i, I -- jilt PC •It CRO55 W/PLUG •diaturbed fl C/eos /3 Concrete oarth- II-IA_IA 1151'1- I=11- ' CT TEE GENERALNOTE5 (. Reaction ,Sacking Table is bated on '150.051 4 Soil /3eerinq Pre56vuro of 2500 Lho!5q Pr.. Additional /3ackr'rig • may he required as directed by the Engineer. Do Not cover /3c(15 with Concrete. All fittings to hc.wrapped with Viqueen. ,9ack a/I tees according to 9iza of f.5ranch. 5. Sacking of Future Lind Exteneior55 'Shall he such that later removal '5 poseiblc. G. All hend5 where fillings igre used both horizontal or verficel, shall be backed. TEE W/PLUG C/aa6 r3 Concrete 111 - _ :.111 1= 1�IlL r � 1'! 1� I • 7; 90O BEND 45° BEND SIMILAR REACTION BACKING TABLE Size. of Required 9q Ft. or Llndiyturhed Earthwall for Reaefiion 1*ack1n Pi a Type of Fit In s Tee 9o° 45' 22Y2' 2" I I 1 H —_ 3" 1 I r r 4" 2 _ ! 1 — — • 3 3 2 B" 4 4 2 10" 7 7 4 /2" /O /0 5 5 14" 13 !,S 7 4 20" 76 2G 14 i 7 2¢" 33 38 W ? 10 50'! 59 5q fl •' g6" 85 e5 46• 23 REACTION BACKING I • 1 • Word "WATER' on Cover ' Water Meyer by Others Exi9tinq Ciraundn- 510 e � 11=-if1=?ll t-Vi=IIi l _ _ Meter ljox t _24' Min. '14" Min. •v Mueller lnotg-ritc. 'TypeK % TYPe K • V > Copper �__ carper o Car 1II IIII,tn ssr McfcrYoke Hby O'heryire i lt" TYpe- K Coppa ?,p¢ To as L1MPED 4tTN POLY tretiEN. t ,ice I H Corporation Cacfc Tapp'n9 5addle.5ecNote Water Main 1 Note' When making a •M or 5rnallerTap • in a G" or Larger C.). P. Main a Mueller Tap may be a 5ed in • place of the rapping Caddy, TYPICAL METER SETTING 1 -11v13a 3A 1do 31VJ 1Idla 3n1VA 31` ID TVDIdXi •id,d ad J° AS si ulen JPJaM UPLJM {uoddnG ;4�Jvuo? y ace%) c4roQ rW 4e •e1Q 912E9 t4,°9 pe2J4.L I1vL EI ill. I Nit p?/Jlo?dg 9a ?A(PA it aO r v I padwsl puBN--+—' Ial_ f[f L punoj:b ; aJn4&N ' u7n o7 (JO -1?49M „ PJ°M I c;tp40 peod ul p;/IeJcul nh/ ueuc sanre/1 :2/ON • •.0. ,. ThXO5d P1J9A !1y ouncd& 81/0? puo7 u9 x81 K gl2ino.Jd I I (DAd) -11d13a JNI4439 3dld Lpa.a.day —1Io ss.✓f/ 7'/8W i'' a9 O/ 5ugaoxd f Jano2 .d;d •eo2dg 2a5 ,Dui7 moo a,e,M 'Zd u,7 -' M) Ml9dJloanM J7PJ% eh / II!l�vew Du!4Defl punoJb IeJnleN •ju2cu�/ 9 J°/ /gi.i2.Jery snldJng punod JNl113S d313W VDIdAl I I c ?dg ?29 'dnuaa/9JoJ :2/oJ I �u;�6ulJC/o i I II I I 1, 2 w < w J z N Q IC - z w O ww m J N O W < o J O 0 d ; 0O 1 \ 1 ` t 1 1 •/ � N W ' • <N < w° • W aUz 'Uz O PJY "O0 W 2 W O <03 O N.yF U <Ow m O L N 1O tO. 0 1 -1 z 0 m W W O Gw U z \uW /\ 3\ w O\ •m\ \<O \ J m I: Mfl ► a-\O UKX W LL 0i --I 73. 0 U F cfl Z E O