Loading...
HomeMy WebLinkAbout122-96 RESOLUTIONV N N a u u+ v i O • 1 �'uO A m @�@ D� 3 D v v 3 v u S m •g 3 3 vrN N N N N N u m 8 8 i c m 8 3 8 0 m 3 3 3 rKnO rr • a• c s z 8� m g 0 gn o C sg�ma m N • 3 S < 0 A ip�$Ysoo do 3 ' 0 m 3 • O c 3 No '— At v 400 O s y a m To coo sssssss^� ssssgsag;. V � + � + t0 In m a 0 � -- j O N e• m N W 0 0 8888888 g$ c 8888888 �. +y2�5Q2SN80�1 0 &8 888$88� a�a•�g m KNO 8 : t Q3- a' 8888888. N N V V i T §m8�e i $888888 iv�g s Ng fJ N gV �Vj + N HHHHHNH �S i� mUp m8 N8 N �'@$o i o 8a O y� 01 N Ton D �! iv $` 8888815 M m c Z m m N D D � Z O O 5 N m p z X au u+g�8NQ m _ SN ga ym� � 88888158 $ r I N i o <; Ton D �! iv M m c Z m m N D D � Z O O 5 N m p z X r I /207— January 7, 1997 jLTraci Paul, City Clerk City o'f-Faye-tteville, Dear Traci: We normally date the agreement and performance and payment bonds r prior-to-dei�veri-ng--the-Gen-tr-ac-t Doc en#s t -o t-he-Owner,-3:n-orde j to try to assure they are dated in all places. Once we deliver the-Decumen-t-s-to-t-he-Owner,-ma-n-y-times-f-r-om th- e -r -e -.they -axe disbursed to the participating parties, and we do not have Y�em-a-l-l.t-oge- hex-a-gain-to_assurxe they-hav-e-been-dated i; completely. And, we believe that the Owner may not want to I�I-tak.e the time to -date the-ag.re.ement-in two -place each -book., and the bonds and powers -of -attorney as many as six places each };.book-.—S-o-i.t-has-become our -practice, to date everythins before I it .is sent to the Owner. Sharon Collins In this case, we have dated the performance and payment bonds 'i' and the powers -of -attorney. "January 9, 1997." We did not know what date you and the Mayor will actually sign the documents. We know fromprevious experience that you date the agreement yourself the day you actually sign it. Therefore, we have left I}I�II the dates on the agreement blank. kl'l The bonds state that the "date of bond must not be prior to date of contract." Therefore, we hope titthe contact (or I agreement) can be signed and dated on or before January 9. Sincerely, r R uApa Sharon Collins 77' AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville Ci PeS 1KDOFILMEU �hh5. �-� STAFF RE 2 -1 -el 7 Council meeting of Ehy. Ea�uiGrc/s OtS�S� FROM: Sid Norbash Engineering Public Works Name Division Department ACTION REQUIRED: Approval of the Construction contract Change Order Number 1 for Fox Hunter Rd.- Sewer Transmission Line Replacement Project with Edwards Design and Construction Co., Inc. COST TO CITY: $11,068.48 { S�C� _ !>.�� Fox Hunter- Sewer Line Cost of this Request Category/Project Budget Category/Project Name 4470-9470-5815-00 $ 1%oalkb Capital Sewer Mains Account Number Funds Used To Date Program Name 96037 5�_-i-�r�$Ok Sales Tax Fund Project Number Remaining Balance Fund Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: Accounting Mdaher/ �//�� Ci y Attorney Purchasina Officer ON: Approva Change D ' v'sion Head Department Director Number 1. � &71 Date Admy1j\ ��' "�� inis rative Serv' Director Mayoks �7 Date R T1% Date Date GRANTING AGENCY: i Date ?JO - g7 ernal Auditor Cross Reference Date New Item: Yes_ No X Prev Ord Re #: IAO? - 96 Orig Contract Date: CHANGE ORDER (Instructions on reverse side) No. I Includes Reconciliation of Bid Items DATE OF ISSUANCE February 29. 1997 EFFECTIVE DATE March 1. 1997 OWNER City of Fayetteville O WNER's Contract No. Fv-260 CONTRACTOR Edwards Design and Construction, Inc. ENGINEER McGoodwm, Williams and Yates, Inc. You are directed to make the following changes in the Contract Documents. Description: Reroute east portion of sewer allowing negative grade, removal of air release valve. Reason for Change Order: AHD requested use of two manholes and double siphon where negative is not maintained. Attachments: (List documents supporting change) Attachment No. I and request for change from contractor CHANGE IN CONTRACT PRICE: Original Contract Price $ 171 403.00 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: Ready for final payment days or dates Net changes from previous Change Orders No.= to No. = $ N/A Net change from previous Change Orders No. _ to No. days Contract Price prior to this Change Order $ 171 403.00 Contract Times prior to this Change Order Substantial Completion: Ready for final payment days or dates Net Increase QieawaBJ of this Change Order $ 11 068.48 Net Increase (decrease) of this Change Order days Contract Price with all approved Change Orders $ 182 471.48 Contract Times with all approved Change Orders Substantial Completion: Ready for final payment: days or dates McGoodwin, Williams & Yates, Inc. RECOMMENDED: Richard Cantre Edwards Design and Construction, mc. ACCEPTED: Contractor (Authorized Signature) Date: DJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. CHANGE ORDER INSTRUCTIONS' A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments .based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. i- r CHANGE ORDER 1 Attachment Gravity Pressure Sewer Replacement Fayetteville, Arkansas Project No. Fy-260 The project was bid to install the 18 inch replacement sewer North of the two existing 14 inch sewers and also north of the 24 inch force main. carrying flow from the Wastewater Treatment Plant. The Contractor, City and Engineer made preliminary on-site investigation to determine if the new sewer could be installed between the existing sewer pipes and based on excavation, the decision was made to install new 18 inch sewer between 14 inch gravity sewer and 24 inch force main. The new location would allow installation out of the creek bed and therefore remove the need of 200 linear feet of concrete encasement for a savings of $5,000.00 (200 L.F. @ $25 L.F.). In addition, the air release valve and vault would not be required for additional savings of $1,789.00 During installation of the 18 inch sewer line from Sta. 35+00 ± westerly, the discovery was made that the two existing sewers were too close to allow the installation of the 18 inch sewer as planned. It became necessary to remove the old 14 inch sewer. (Being replaced this project) and relay to allow new 18 inch sewer to be placed between existing 14 inch sewer and 24 inch force main. The contractor furnished and installed ± 200 feet of 12 inch PVC, fittings, bypass pumping, and tie-ins at a location to allow room for placement of 18 inch gravity sewer. Listed below are adjustments to bid items and items added this change order. 5M Bid Item +/- Description Increase Decrease 1 Installed 32 linear feet less than bid. Adjustment in length made on each end of gravity sewer. 32 L.F. X $36.00 $ 19152.00 2 + Installed 15 linear feet more due to realignment near newly installed CMP at ± Sta. 2+70. 15 L.F. X $63.00 $ 945.00 3 Washington County Road Department (Jim Brink) requested backfill within roadway be hillside in lieu of crushed stone. Also requested black base be placed on surface of roadway so the county could thin chip seal this section when full length is being sealed in summer of 97. The contractor agreed to reduce bid item by $530.00 5 + This item adjusted from $9,409.00 to 18,950.00 for the reason set out above. $ 91541.00 6 As stated above, 200 linear feet concrete encasement was removed when sewer alignment was adjusted. (Removing from creek bed which permitted a negative grade the full. length of the gravity sewer.) 8 + The existing 24 inch CMP (± Sta. 2+70) was not adequate for the safety of traffic in the area. The City of Fayetteville furnished and the contractor installed an additional 20 linear feet of 24 inch CMP on the north end of existing pipe. The installation included 4 cubic yards of concrete 130 cubic yards of hillside material hauled to site, placed and compacted for an increase in cost of $2,882.50 $ 23882.50 9 + The Contractor purchased 14 inch DIP for temporary installation as set out above. It was determined later to use 12 inch PVC, therefore the purchased 200 linear feet of 14 inch DIP was delivered to the City water -sewer department for a total cost of $3,256.98. $ 3,256.98 Increase Decrease Increase $16,625.48 $11,068.48 $ 530.00 $.3,875.00 $ 5,557.00 CONTRACT CITY WICROFILMEED SPECIFICATIONS AND CONTRACT DOCUMENTS r� v a GRAVITY PRESSURE SEWER REPLACEMENT FAYETTEVILLE, ARKANSAS 0 Plans No. Fy-260 October, 1996 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01996 McGoodwin, Williams and Yates SPECIFICATIONS AND CONTRACT DOCUMENTS GRAVITY PRESSURE SEWER REPLACEMENT FAYETTEVILLE, ARKANSAS Plans No, Fy-260 October,1996 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01996 McGoodwin, Williams and Yates ' TABLE OF CONTENTS Section 1 Advertisement for Bids ........................................ 1 Instructions to Bidders ........................................ 2 Arkansas Department of Labor Wage Determination ................... 4 Bid...................................................... 5 ' Agreement..............................0................. 6 ' Performance Bond and Payment Bond .....I .... ... .......:....... 7 Standard General Conditions of the Construction Contract 8 ■ Supplementary Conditions..........I.......................... SC TECHNICAL SPECIFICATIONS Division 1 1 General Requirements Project Requirements ....................................... 01000 Use of Explosives .................................. 01035 ....... Methods of Measurement and Payment 01150 Schedules ............................................... 01310 Storage and Handling of Materials .......... 11 .1 ...... I ........ 01620 Testing 01660 Low Pressure Air Testing for Gravity Pressure Sewer Lines 01665 1 Hydrostatic Testing of Gravity Pressure Sewers ........... I ........ 01666 Division 2 Sitework ' Clearing Rights of Way, Cutting and Rebuilding/Repairing Fences ......0000 ............. 0 ... 0 0 0 .. 02110 ' Surface Removal...........................02113 Placing Pipe Protection Cover and Compacted Backfill ..........•.... 02221 Aggregate Base Course, Class 7 ................... 02222 Stone Riprap and Filter Fabric ::: : ::::::::::..... :::::::::::: 02271 Pipeline Cleanup and Seeding 02486 1 Section 1 Driving Surface Repair...................................... 02575 1 Polyethylene Encasement... ......I..I..... 0............::::: 02623 Temporary Bypass and Tie End ........... 0 .. 0 ..... 02647 Sanitary Sewer Pipe Connections to Existing Manholes 0 1 11 ...... 0 ... 02648 1 PVC Pipe and Fittings for Gravity Pressure Sewer 00.......00....... 02722 1 Division 3 Concrete 1 Concrete................................................ 03300 i 1 1 1 1 1 1 1 1 , 1 ii 1 II ' ADVERTISEMENT FOR BIDS 1 Notice is hereby given that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 11:00 a.m. on Thursday, November 7, 1996, for furnishing all tools, materials and labor and performing the necessary work for construction of Gravity Pressure Sewer Replacement [City of Fayetteville Bid No. 9665]. At this time the bids received will be publicly opened and ' read aloud in the Purchasing Office of City Hall. The work generally consists of: Installation of approximately 3,575 linear feet of 18 inch PVC pipe. ' Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. ' Copies of these documents may be obtained from the office of said engineers upon request, and upon the payment of $50.00 for plans and $50.00 for specifications, a total of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. ' A mandatory Prebid Conference will be held at Fayetteville City Hall, Third Floor, Room 326, at 11:00 a.m. on Thursday, October 31, 1996. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. ' Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainder of the Specifications and Contract ' Documents. All bids shall be sealed and the envelopes addressed to the City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Gravity Pressure Sewer Replacement [City of Fayetteville Bid No. 9665], the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. ' The City Council reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the City. The City ' Council further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this loth day of October , 1996. ' /s/ Peggy Bates Peggy Bates, Purchasing Officer ' 1-1 F LI I Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined In the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions 1 to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). ' 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, ' stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. ' 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer ' a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below (or in the ' Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. C ' 2-1 Instructions t to Bidders STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. , This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. , 1) Name of Bidder. 2) . Permanent main office address. 3) When organized. 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. 1.1) List your major equipment available for this contract. 12) Experience in construction similar in size to this project, along with project owners and engineers. 13). Background and experience of the principal members of your organization, including the officers. ' 11 11 It 14) Credit available: $ 15) Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other , information that may be required by the Owner? Datedat this day of 19 . 2-2 I L 1 I [J I C Name of Organization: By Title State of County of that he (she) is the Instructions to Bidders duly sworn deposes and says of , Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 My commission expires (Seal) Notary Public 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 4.1.1 to examine thoroughly the Contract Documents and other related data identified I n the Bidding Documents (including "technical data" referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. ' 2-3 Instructions to Bidders 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the SupplementaryConditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, be responsible to obtain such additional or supplementary. examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder 2-4 11 u L C I I 1 1] ' Instructions to Bidders ' deems necessary for submissionlof 'a Bid. "Bidder shall fill all holes and clean up and ' restore the site to its former condition upon completion of such explorations, investigations, tests and studies. ' 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be ' submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. ' 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract ' Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and ' discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions ' for performing and furnishing the Work. 4.9 The provisions of 1-4.1 through 4.8, inclusive, do not apply to Asbestos, ' Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. ' 5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction ' facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and ' paid for by Owner unless otherwise provided in the Contract Documents. 6, INTERPRETATIONS AND ADDENDA ' 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer ' in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only ' questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. ' 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. ' 2-5 Instructions to Bidders 7. BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions, 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15.days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61 st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. ,. 8. CONTRACT TIMES. The numbers of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9, LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. SUBSTITUTE OR "OR -EQUAL" ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified .in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be .supplemented in the General Requirements. 11, SUBCONTRACTORS SUPPLIERS AND OTHERS. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided such workers' compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 2-6 J I J 11 ' Instructions to Bidders 12, BID FORM ' 12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). ' 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. ' 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant ' secretary. The corporate address and state of incorporation must be shown below the signature. ' 12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. ' 12.5 All names must be typed or printed below the signature. ' 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7 The address and telephone number for communications regarding the Bid must ' be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the ' state where the Work is to be performed shall be provided in accordance with paragraph 3 above. State contractor license number must also be shown. t 13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a ' separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS., ' 14. MODIFICATION AND WITHDRAWAL OF BIDS ' 14.1 Bids maybe modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. ' 14.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction ' of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that ' 2-7 Instructions to Bidders Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. OPENING OF BIDS. Bids will be opened and (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer. 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1 Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices'will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may considerthe operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 17.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 2-8 I 1 'J 11 [I F ' Instructions to Bidders t 17.6 If the contract is to be awarded, Ownef will•give the Successful Bidder a Notice ' of Award within 60 days after the day of the Bid opening. 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the ' Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. t19. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required ' Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. ' 20. PREBID CONFERENCE. A mandatory Prebid Conference will be held at 11:00 a.m. on October 31, 1996, at City Hall, Third Floor, Room 326, 113 West Mountain Street, Fayetteville, Arkansas. Representatives of Owner and Engineer will be present ' to discuss the Project. Bidders are required to attend and participate in the conference. Bids will not be accepted from Bidders not attending the Prebid Conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers 1 necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. ' 21. COMPLIANCE WITH STATE LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors.^ Bidders who submit Bids in excess of $200000 ' 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. ' 22. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. ' 23. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types of labor and skills performed. In case, wage rates are specified in the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled ' and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, ' shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. ' 2-9 Instructions , to Bidders 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 record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. ' The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed , by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been ' or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required ' wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 24. COMPLIANCE WITH ACT 125. ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It , further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. 25. WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and , withhold Arkansas income taxes, as required by Arkansas law, from wages paid.to .. employees, whether such employees are residents or nonresidents of Arkansas. ' 26. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162, ARKANSAS ACTS OF 1987. The attention of all ' NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of , Revenues, Department of Finance and ' Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. ' 2-10 II 1 II 1 L Mike Huckabee Governor t:STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM• LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 0 FAX: (501) 682.4532 0 TRS: (800) 285-1131 September 16, 1996 Richard Cantrell McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 RE: Gravity Pressure Sewer Replacement Fayetteville, Arkansas Washington County Dear Mr. Cantrell: James L. Salkeld 131 o r In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 96-100 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-313(1987) and the administrative regulations promulgated thereunder. If the work is subject to .the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann.§§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). ' If you have any questions please feel free to contact me at (501) 682-4536 or through fax at (501) 682-4508. sincerely, AL 1 Don Cash Prevailing wage Investigator ' enclosure 4-1 I J Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: September 16, 1996 DETERMINATION #: 96-100 PROJECT: Gravity Pressure Sewer COUNTY: Washington Replacement EXPIRATION DATE: 3-16-97 Fayetteville, Arkansas SURVEY #: 696-AH05 Welders --receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 1996 Classifications that are not listed, but that are going to be working on this project, should be requested from the Arkansas Department of Labor, Prevailing Wage Division. These written ' requests should be made as soon as you notice that a required classification is missing, normally this would be during the bid process. 1 4-2 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer, Cleaner, Caulker 7.70 Carpenter 9.05 1.35 Concrete Finisher/Cement Mason 10.05 Electrician/Alarm Installer 12.00 Laborer 7.70 .46 Pipelayer 8.05 Truck Driver 8.55 .54 Power Equipment Operators: Bulldozer 11.95 Backhoe -Rubber tired(1 yd. or less) 10.10 1.15 Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less 11.55 Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 9.90 Front End Loader 11.15 Mechanic 7.70 Roller 9.75 Scraper 11.20 Welders --receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 1996 Classifications that are not listed, but that are going to be working on this project, should be requested from the Arkansas Department of Labor, Prevailing Wage Division. These written ' requests should be made as soon as you notice that a required classification is missing, normally this would be during the bid process. 1 4-2 I I I I I I I I I I I I I I I I I I I § m ( § G %2g \ \ 4j o)(�\' / ;�\\\( ro {j%\�\ f »u» m 44 -W tra0 2141 /!\\kk \\\) 22 °® )§& §\�/�% §`/ 4-43 uRw� r©»%\2 \\\§2� Q>%�#f m3m®o® \Q \\�\f �Q\®#\ �})\\m ' ■R.k;Q } LO (a fi t gGRt� ' ®2GG© \4J S 04J 4J En in \§Sro&t Q§m%A° ®a00CQ (\44 �{{ w,04 4-1 \ % \\ §( �\\ k®% oaw Ua( q2m % ] \ § %k) �w) %A~ �W\ e � (tr t) mqw. ® 2Ln 2 ( E% (h2m m�m_q %\§\ w\)k bm\ wb% R §(§2\ m2k Q b§Q / R(\ I�] I IJ I BID GRAVITY PRESSURE SEWER REPLACEMENT Fayetteville, Arkansas City of Fayetteville Bid No. 9665 Plans No. Fy-260 Dated October, 1996 City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To the City Council: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. ' 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: 1 I [J a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) and such addenda are attached to the Bid. 5-1 Number b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and ' Regulations that may affect cost, progress, performance and furnishing of the Work. d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and ' drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the ' accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having ' done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect ' cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and ' other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated tin the Contract Documents. f) Bidder has correlated the information known to Bidder, information and observations ' obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. ' g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement ' or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham ' 5-2 I I I 1 C 1 11 Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for Eight Thousand Five Hundred Seventy Dollars and 15/100--{$ 8,570.15 ). 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. 31320 Linear Feet, 18" Diameter C905 PVC Pipe, DR 25, 165 psi, and fittings (either DI or PVC), complete in place Thirty -Six and no/100-------------- dollars (36.00 )�L F $ 119,520,00 (Dollar Amount Written in Words) (In Figures) (Total in Figures) 2. 255 Linear Feet, 18" Diameter C905 PVC Pipe, DR 25, 165 psi, and fittings (either DI or PVC), including removal and disposal of existing 14" pipe, complete in place Sixty -Three and no/100------------- dollars ( 63.00 )/L F 16,065.00 3. Lump Sum Crushed Stone Trench Backfill and Double Chip Seal of Street Five Thousand Nine Hundred Ninety and no/100---dollars 51990.00 ' 4. Lump Sum Construction, Maintenance, and Removal of Temporary Gravity Pressure Sewer Bypass 1 Six Thousand Nine Hundred Sixty -Nine and no/100aollars 5. Lump Sum Tie -In 18" Gravity Pressure Sewer to existing 14" gravity pressure sewer, including 18" plug valve, 2" sewage air release valve including valve vault, and all fittings, complete in place Nine Thousand Four Hundred Nine and no/100-----dollars 1 6. 11 200 Linear Feet, Nonreinforced Concrete Encasement, complete in place Twenty -Five and no/100------------- d011arS { 25.00 )/L.F. 1 5-3 6,969.00 9,409.00 5,000.00 I I PJ I J I I 1 Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 7. Lump Sum Trench or Excavation Safety System as required by Act 291 of the 1993 Arkansas General Assembly Eight Thousand Four Hundred Fifty and no/100---dollars $___!, �150*00 One Hundred Seventy -One Thousand Four Hundred Three and no/100--------- 171,403.00 TOTAL BID................11.11............... $ 5. (continued) The contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville. Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete and the line in service within 45 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 60 calendar days after the date when the Contract Times commence to run. ' Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 1 ' 5-4 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this 7th day of November 1 19 96 Respectfully submitted, Attest) (Seal, if bid is by corporation.) Arkansas License No. 0044240397 5-5 Edwards Design & Construction, Inc. (Firm Name) By /s/ Gary Edwards Gary Edwards Title President Post Office Box 1549 Springdale, Arkansas 72765 (Business Address & Zip Code) AGREEMENT THIS AGREEMENT is dated as of the .arc/ dayof De.c.emAer in the year191�6byandbetween the City of Fayetteville, Arkansas (hereinafter called OWNER) and ' Edwards Design & Construction, Inc. of Springdale, Arkansas (hereinafter called CONTRACTOR). ' Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: iArticle 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Approximately 3,575 linear feet of 18 inch gravity pressure sewer replacement, with associated connections to existing lines, appurtenances, and other related items of work, which consists of all items as set out in the ' Bid (City of Fayetteville Bid No. 9665), and these Plans and Specifications No. Fy-260, dated October, 1996, for the unit and lump sum prices bid in the Bid, including all work required for a complete installation. Article 2. ENGINEER I I I I I I The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed and the line in service within forty-five (45) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within sixty (60) days after the date when the Contract Times commence to run. 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and I 6-1 I Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. ' Article 4. CONTRACT PRICE ' Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as ' provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being One Hundred Seventy -One Thousand Four Hundred Three and no/100----------------($ 171,403.00 ), (use words) (figures) I I fl I I I I I I I As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on the last Friday of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made. and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and I progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, - suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. ' 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7) and the other related data identified in the Bidding Documents including "technical data." I I I I I I I 6.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions I 6-3 (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate Ito any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, ' explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. ' 6.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. ' 6.6 Contractor has correlated the information known to Contractor, information and observations obtained from visits to the site, reports and drawings identified in the ' Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. ' 6.7 Contractor has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Contractor has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Contractor, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ' Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. ' 7.2 Exhibits to this Agreement. ' 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 Supplementary Conditions. 7.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 7.8 Drawings consisting of a cover sheet and eight sheets. ' 7.9 Addenda numbers - to - , inclusive. (N/A) 7.10 Contractor's bid. I 6-4 I I I I I I I n I �I I I I I I II I I 7.11 Documentation submitted by Contractor prior to Notice of Award. 7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. 6-5 I I ' This Agreement will be effective on -3 19� (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: CITY OF FAYETTEVILLE, EDWARDS DESIGN & CONSTRUCTION, ARKANSAS By: Fred Hanna, Mayor [Corp rate Seal] Attest QJ Traci Paul, City Clerk Address for Giving Notices 113 West Mountain Fayetteville, AR 72701 INC. Carp ^�•, Edwa ds, President Greg [Corpo to Seal] i; ry I Q`�4 Attest vu -c e e) I M0�u- retary Address for Giving Notices Post Office Box 1549 Springdale, AR 72765 9Pr C, •1' I I. IPERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Edwards Design & Construction, Inc. corporation a (2) hereinafter tcalled "Principal" and (3) Employers Mutual Casualty Company of Des Moines , State of Iowa , hereinafter called the "Surety,are held and firmly bound unto (4) the City of Fayetteville, Arkansas hereinafter called the `Owner,` In the penal sum Of One Hundred Seventy-one Thousand Four Hundred Three and no/100- dollars ($_171,403.00 ) In lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, ' administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION Is such that whereas1 the Principal 0ntep4 into a certain contract with Owner, dated the day o , 19, a copy of which is hereto attached and made a pa hereof for the construction of: ' Gravity Pressure Sewer Replacement: Fayetteville, Arkansas: Plans No. Fy-260. NOW THEREFORE, if the Principal shall well, truly and faithfully perform Its duties, ' all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and If he shall satisfy all claims and demands ' Incurred under such contract, and which It may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur In making good any default, then this obligation shall be void; otherwise to remain In full ' force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect its obligation on this bond, and It does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the 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. ' 7-1 I Li F1 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 (8 ounterparts, each one of which shall be deemed as original, this the day of , 19qi_. • Attest: Edwards Design & Construction, Inc. C) _ I D D) PrinclpAl /4 d (I ,<.(Iarinclpal)+Secretary • (Sal) C,'Wltnea -as o rincipal Addre� i • (Surety ;(Seal)• Y %: Knight Cashion, aCcao K (� 1 Witness;asA0 Surety P. 0. Box 550, Little Rock, AR 72203 Address ' NOTE: Date of bond must not be prior to date of contract. Post Cff(ijce Box 1549 Springda e, Arkansas 72765 Address (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. (8) This bond must be flied with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 1 7-2 I I EMC Insurance Companies No. 262082 P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2. Emcasco Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 3. Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation hereinafter referred to severalty as "Companyand collectively as'Companies", each does, by these presents, make, constitute and appoint: 4IQU' CASHION, BEIIS0N A. CASHION, MA7•IMEW KNIQTF CASHION, JR-,CARLA SUE HOLLIS, WILLIAM R.-- ;EOGE, WILLIAM H. GRIFFIN, INDIVIDUALLY, LITTLE R0CK, ARKANSAS ------------------------------- its true and lawful attorney -in -fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: AN AMOUNT NOT EXCEEDING TE'S MILLION DOLLARS ------------- $10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1, 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of•Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duly called and held in 1990. RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to (1) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings ob!gatory In the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shalt by fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power -of -attorney of the Company, shall be valid and binding upon the Company with the same force and affect as though manua9y affixed. IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this 19th day of February 19_j.6. Seals Bruce G. Kerley, C airman Ph!Lp T. Va r Ek e en,5enior Vice of Companies 4 & 6; Presid46t of of Companies,3 & 5 Companies 1 & 2 F(Y;y�yPB,�r Cr, �- t= ��VOPOBBq�f, O 1 L Z 2��`AP0Pgtf: o=, SEAL ci= 50, 1863 1953 RI'. ring: lid: :dD: :2 A - II ill' tI ,',JJ/,''q„MV"!l`� ♦� •p'y.,nJ, . ; J6'b'r.... L A\� ............... :.PE d,nn..tCP •≥P5`PV a54�G y4P`U,,wng'o t ¢ UArungi : S SEAL `_`=y= SEAL _� SEALa ,'" s S'. fW P ,J. �.h„1K0FU"" s„4/Qlrir$'A„�• Donald L..oughen ower, Assistant Secretary On this 19thlay of Febrvanr AD 19 96before me a Notary Public in and for Polk County, Iowa, personally appeared Bruce G. Kelley, Philip T. Van Ekeren, and Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley, Philip T. Van Ekeren, and Donald L. Coughennower acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires September 30,1997. RUTH KRUMINS l �F MY COMMISSION RES EXfl {,,,r SEPTEMBER 30, 1237 Notary Public CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on February 19, 1996_'i - on behallof Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr-, Carla Sue Hollis , --- are We and correct and are still in full force and effect. w; 71 j to R. Plegqp i_ { ,, p7 In Testimony Whereof I have subscribed my name and affixed the facsimile sear of each c ompanyTisrJaay of �([ /j, 19 �J Vice -President I ' PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Edwards Design ' & Construction, Inc. a (2) corporation hereinafter called "Principal" and (3) Fmployers Mutual Casualty Company of Des Moines , State of Iowa , hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville. ' Arkansas , hereinafter called the "Owner," In the penal sum One Hundred Seventy-one Thousand Four Hundred Three and no/100- I dollars ($_171,403,00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that wherea , he Principal enter, QQ into a certain contract with Owner, dated the _ day o} 18 , a copy of which is hereto attached and made a part hereof for the ' construction of: Gravity Pressure Sewer Replacement; Fayetteville, Arkansas: Plans No. FS'-280.NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the ' prosecution of the work provided for In such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used ' in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation Insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the ' State of Arkansas or any political subdivision thereof which shall have arisen on account of or In connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. ' PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 7.3 I I I I I IN WITNESS WHEREOF, this Instrument is ex cuted in six (6) counterparts, each • one of which shall be deemed as original, this the 47Jit day of • 191. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond Is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. I 1 I 11 I I I Address 1 NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an Individual, as the case may be. ' (3) Correct name of Surety. .. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where ' the work Is to be performed prior to the start of construction. ' 7-4 ( rincipal)Secretary (S2b1) C. es. (Surety8 (Seal) Knight nc��9�Ho�;1 'wltneas'as to Surety Cashion, 2203 Edwards Design & Construction, Inc. Princip I Cr E wards, President Post Off' a Box 1549 Springdal . Arkansas 72765 Address P. 0. Box 550. Little Rock, AR 72203 Address I 1 EMC Insurance Companies No 262083 P.O. Box 712 • Des Moines, Iowa 50303 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY -IN -FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 4. Illinois Emcasco Insurance Company, an Illinois Corporation 2. Emcasco Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporation 3,' Union Insurance Company of Providence, a Rhode Island Company 6. American Liberty Insurance Company, an Alabama Corporation hereinafter referred to severally as 'Company and collectively as "Companies", each does, by these presents, make, constitute and appoint: NIGHT CASHION, BENSON A. CASHION, MATITEIV KNIGHT CASHION, JR.,CARLA SUE HOLLIS, WILLIAM R.--. LEGGE, WILLIAM H. GRIFF3N, INDIVIDUALLY, i.TTriE ROCK, ppJc)j.1cp ------------------------------- Its true and lawful attorney -in -fad, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: I AN ANWt'TT P) Ex1 ING 'FE 4 MILLION DOLIARS----------- {$10.,000,01)0-00) ------------------- -- and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire April 1. 1999 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of•Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the second regularly scheduled meeting of each company duty called and held In 1990. RESOLVED: The Chairman of the Board of Directors, the President, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall. have power and authority to (t) appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attorney -in -fact at any time and revoke the power and authority given to him. Attorneys -in -tact shall have power and authority, subject to the terms and limitations of the power -of -attorney issued to them, to execute and deliver on behalf of the Company and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney -in -fact shall by fully and in all respects binding upon the Company. Certification as to the validity of any power -of -attorney authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects binding upon this company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-of-attomey of the Company, shall be valid and binding upon the Company with the same force and affect as though manually affixed- INWITNESSWHEREOF, The Companies have caused these presents to be signed for each by their officers as shown, and the Corporate. seals to be hereto affixed this 19th dayof FebruaiY ,19 96. N/Jdj/jr* r� n Seals Bruce G. Kelley, C airman Philip T. Va Ek ren, enior Vice President of Companies 4 & 6; PresiddSt of of Companies,3 & 5 uP Companies 1 &2 \II r1 I ,II \\111111111 .`\pINS& 1. ,•`01EC0 ;`t1 INS&'''. .;\Ybo'POP�'y�,: JPFrpPPBA �C.F9 ` 01.P OPPOfl�''q�Ot • _'-'-= 1863m=�=1953`C`- SEAL -;_ _ = Ni; °2; dv. ' ag )�,'IIry0,4S,♦r. i�'grymalO`A �iW�b qq nllJ nod. '/II1111111\\\ 1111,\\ rlllu lPO • `•,\HUNA/V ir., Pp\J$Nfl qyr `\O'UT III, ry1 ��\NS,un11CFC: Q.E\Nuuy NCF �: ��pSM\nnylC9 ': P4�:yo"P Oflgf Q;� p4� OQPPOIIgIi OO] [iW C•lP O4gJ SG9 4-=Q=4 SEAL ?_ ;SEAL =E :i%: SEAL '. q11' 14nn ♦ 'Iir,., • ` 'P 0 a'1g,4 'Irla lll" - '11.,1„1\, , 111,1 J•` Donald oughen wet, e4 Assistant Secretary On this 19tllay of February AD 19 96before me a Notary Pubkc in and for Polk County, Iowa, personally appeared Bruce G. Kelley, Philip T. Van Ekeren, and Donald L. Coughennower, who being by me duly sworn, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of The Companies by authority of their respective Boards of Directors; and that the said Bruce G. Kelley, Philip T. Van Ekeren, and Donald L. Coughennower acknowledge the execution of said instrument to be the voluntary act and deed of each of The Companies. My Commission Expires September 30, 1997. RUTH KRUMINS t F °c MY COMMISSION EXPIRES SEPTEMBER 30, 1497 Notary Public CERTIFICATE I, David L. Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attorney issued pursuant thereto on February 19, 1996 " onbehalfof Knight -Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Carla Sue Hollis, --r- are true and correct and are still fn full force and effect. Willia . R. Plegge , Wi l 1 i am In Testimony WhereofI have subscribed my name and affixed the facsimile seal of each Company this Vice -President This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. UI STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT '' ? Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By i• I I #OA AMERICAN SOCIETY OFCIVILENGINEERS%rouN5r5 1852 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 4° Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (199(3 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. FJCDC No. 1910-8 (1990 Edition) I I © 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 A I Article or Paragraph TABLE OF CONTENTS OF GENERAL CONDITIONS Number & Title 1. DEFINITIONS .................................. 1.1 Addenda ............................. 1.2 Agreement .......................... 1.3 Application for Payment .............. ' 1.4 Asbestos ............................. 1.5 .:.,...-Bid ................................... 1.6 Bidding Documents ................... 1.7 Bidding Requirements ................ 1.8 Bonds ................................ 1.9 " Change Order ........................ ' 1.10 Contract Documents .................. 1.11 Contract Price ...... I ................. 1.12 Contract Times ....................... 1.13 CONTRACTOR ...................... ' 1.14 defective ..............;.............. 1.15 Drawings ............................. 1.16 Effective Date of the Agreement ...... 1; l7 ENGINEER ...................... ' 1.18 ENGINEER's Consultant ............ 1.19 Field Order ....................... ...,. 1.20 General Requirements ................ ' 1.2I 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 ............ 1.40 Supplier ....0 ......................... 1.41 Underground Facilities ................ 1.42 Unit Price Work ...................... ' 1.43 Work ................................. 1.44 Work Change Directive ............... 1.45 Written Amendment .................. 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 Starting the Work ..................... Page Number 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 13 I3 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 I5 15 15 15 15 IS 15 Article or Paragraph - Page Number & Title Number 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance .......................... 15 2.8 Preconstruction Conference ........... 15 2.9 Initially Acceptable Schedules ......... I6 3. 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 17 .................. 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICALCONDITIONS; REFERENCE POINTS 4.1 . Availability of Lands .................. 4.2 Subsurface and Physical Conditions 4.2.1 ... Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data 4.2.3 ........ Notice of Differing Subsurface or Physical Conditions ................. 4.2.4 ENGINEER's Review 4.2.5 ................ Possible Contract Documents Change . 4.2.6 Possible Price and Times Adjustments . 4.3 Physical Conditions —Underground Facilities 4.3.1 ........................... Shown or Indicated 4.3.2 ................... Not Shown or Indicated 4.4 .............. Reference Points 4.5 ...................... Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 5. BONDS AND INSURANCE 5.1-5.2 ..................... Performance, Payment and Other Bonds . 5.3 Licensed Sureties and Insurers; Certificates of Insurance 5.4 ............ CONTRACTOR's Liability Insurance . 5.5 OWNER's Liability Insurance ........ 5.6 Property Insurance ................... 5.7 Boiler and Machinery or Additional Property Insurance .. 5.8 ...... Notice of Cancellation Provisions 5.9 ..... CONTRACTOR's Responsibility for Deductible Amounts 5.10 ................ Other Special Insurance ............... 5.11 Waiver of Rights ...................... 17 17 17 17 18 18 18 18 18 18 1S 19 19 i6] 20 20 20 20 21 21 21 21 22 22 22 Article or Paragraph . . Page Article or Paragraph Page Number & Title Number Number & Title Number 5.12-5.13 Receipt and Application of Insurance 8.6 Chan a Orders g 29 Proceeds ............•••••.•• 22 8.7 Inspections, Tests and Approvals ...... 29 ' 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate Option to Replace ................. 22 CONTRACTOR's Services 29 5.15 Partial Utilization —Property 8.9 Limitations on OWNER's Insurance .......................... 23 Responsibilities ..................... 30 , 8.10 Asbestos, PCBs, Petroleum, Hazardous • 6. CONTRACTORS 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 6.6 Progress Schedule• 9. ENGINEER'S STATUS DURING • CONSTRUCTION 6.7 Substitutes and "Or -Equal" Items; 30 CONTRACTOR's Expense; 9.1 OWNER's Representative ........... 30 Substitute Construction 9.2 Visits to Site senta .................... 30 9.3 Project Representative ................ 30 Methods or Procedures; 9.4 Clarifications and Interpretations ...... 30 ENGINEER's Evaluation .......... 23 9.5 Authorized Variations in Work ........ 30 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights :...... 24 9.6 Rejecting Defective Work ............. 30' 6.12 Patent Fees and Royalties ............. 25 9.7-9.9 Shop Drawings, Change Orders and 6.13 Permits ............................... 25 Payments .......................... 31 6.14 Laws and Regulations 25 9.10 Determinations for Unit Prices ........ 31 ' ... .. 9.11-9.12 Decisions on Disputes; ENGINEER as 6.15 Taxes ................. 25 .. 6.16 Use of Premises ...................... 26 Initial Interpreter ................... 31 .6.17 Site Cleanliness ....................... 26 9.13 Limitations on ENGINEER's ral Loading ............ 26 Authority and Responsibilities ...... 31 6.18 Safe Structu 6.19 Record Documents • 26 6.20 Safety and Protection ................. 26 10. CHANGES IN THE WORK ..................... 32 6.21 Safety Representative ................. 26 10.1 OWNER Ordered Change 32 ..... 27 10.2 Claim for Adjustment ................. 32 6.22 Hazard Communication Programs 6.23 Emergencies .......................... 27 10.3 Work Not Required by Contract ......... 27 Documents ......................... - 32 6.24 Shop Drawings and Samples . 6.25 Submittal Procedures; 10.4 Change Orders 10.5 Notification of Surety ................. 32 CONTRACPOR's Review Prior to 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; 6.27 R Review by ENGINEER ............ 27 Value of the Work .......... 32 , ponsibility for Variation From """' 11.4 Cost.ofthe Work ..................... 33 Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34 6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee ................ 34 ENGINEER's Review and Approval 11.7 Cost Records 34 ' of Required Submittals 27 • • ••••••••••••• 11.8 Cash Allowances 35 6.29 Continuing the Work ........ •""""""""•••• 28 11.9 Unit Price Work ., 35 6.30 CONTRACTOR's General .................... Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES .............. 35 ' 6.31-6.33 Indemnification ....................... 28 12.1 Claim for Adjustment 35 6.34 Survival of Obligations ..........:..... 28 12.2 Time of the Essence 35 .7. OTHER WORK 12.3 Delays Beyond CONTRACTOR's ' 29 Control 7.1-7.3 Related Work at Site ................. 29 "" • • • • 35 7.4 Coordination 12.4 Delays Beyond OWNER s and CONTRACTDR's Control .......... 35 8. OWNER'S RESPONSIBILITIES ............ 29 1 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 Data and Pay Promptly When , WORK.............:........... 36 Due ........a....... ............. •••............. 29 13.1 Notice of Defects ............... �• 8.4 Lands and Easements; Reports and 13.2 Access to the Work 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance ............................. 29 Cooperation........................ 36 2 r Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 ' 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7 CoveringWork Prior to Inspection, Testing or Approval 36 I5. SUSPENSION OF WORK AND TERMINATION 13.8-13.9 Uncovering Work at ENGINEER'S 40 Request ............................ 36 15.1 OWNER May Suspend Work ......... 40 I. 15.2-15.4 OW 13.10 OWNER May Stop the Work ......... 36OWNER May Terminate .............. 40 13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or Work ......... 37 Terminate .......................... 41 ...................... 13.12 Correction Period ............ 13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION ....................... 41 13.14 OWNER May Correct Defective I17. ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 ' COMPLETION ................................. 37 17.4 Cumulative Remedies ................. 42 -14.1 • - Schedule of Values .................... 37 - - — 17.5 • Professional Fees and Court Costs - - 14.2 Application for Progress Payment ..... 38 Included ........................... 42 14.3 CONTRACTOR's Warranty of Title ... 38 ' 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -Al 14.8-14.9 Substantial Completion ............... 39 16.1-16.6 Arbitration .................... GC -Al ' 14.10 Partial Utilization ..................... 39 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 I I I I Ii [1 L I 11 3 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of — Bonds and Insurance ............................... 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment ................................. 9.12, 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ..................... 7.3 Substitutes and "Or -Equal" Items ......• ............ 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities ..................................... 4.1 site, related work .................................... 7.2 Work, ......••........... .............. 13.2, 13.14, 14.9 Acts or Omissions Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER....................................... 6.20, 8.9 • Addenda -definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 • Adjustments Contract Price or Contract Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule .................................... 6.6 Agreement — definition of ....................... .. 1.2 ................. All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ............................ ......... 11.8 Amending Contract Documents ......................... 3.5 Amendment, Written— in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of .......................................... 1.3 ENGINEER's Responsibility .......................9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) .............................16.1-16.6 Asbestos — claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of ...................... .......1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change .....................4.5.2 Authorized Variations in Work ........... 3.6, 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of —defined ........ .. 1.25 .................. Before Starting Construction ........................ 2.5-2.8 Bid —definition of ............. ........................ 1.5 (1.1, 1.10,2.3,3,3,4.2.6.4,6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents —definition of ............. .. 1.6 (6.8.2) Bidding Requirements --definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of ....................................... 5.14 additional bonds ...................... ... 10.5, 11.4.5.9 Cost of the Work.... .... ......................... .. 11.5.4 definition of ........................................... delivery 1.8 of ...................................... final application for payment 2.1.5.1 ................. general ...............1.10, 5.1-5.3, 14.12-14.14 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 CashAllowances....................6................. 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price — Cash Allowances...................................11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general...................................... Exclusionsto II.4-11.7 .......................................11.5 CostRecords ....................................... in general .............. 1.19, 1.44, 11.7 9.11, 10.4.2, ]0.4.3, 11 Lump Sum Pricing ................................ 11.3.2 Notification of Surety...............................10.5 Scopeof .......................................10.3-10.4 Testing and Inspection, Uncovering the Work ....... 13.9 UnitPrice Work ....................................11.9 Valueof Work ...................................... Change in Contract Times — 11.3 Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7. 15.1 15 5 Contractual time limits I ................... ... Delays beyond CONTRACTOR's control ............ 12 . 12, Delays beyond OWNER's and CONTRACTOR'S trol................................... con ........... Notification of surety 12.4 .......... Scope of change ............................... 10.3-10. 3 1 1 1 1 1 4 5 , I 1 L I I I I I I I I U I 1 I I I I I Article or Paragraph Number Cost Records ....................................... definition of .......................................... II.7 1.9 emergencies ........................................ ENGINEER's responsibility .........9.8, 6.23 10.4, 11.2, 12.1 execution of ............... ..... 10.4 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Insurance, Bonds and ................... 5.10, 5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions — Subsurface and, ..................................... 4.2 Underground Facilities ........................... 4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3, 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... 11.3 Changes in the Work .................................... 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment ............................... 10.2 Scope of change ............................... 10.3-10.4 Claims — against CONTRACTOR .............................6.16 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contract Price ........9 .4,11.2 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................. I I.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 Decisions on Disputes ......................... 9.11, 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement .................. 16.1.16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of ........................................... 17.3 OWNER's ...........9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability ................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 Time Extension ..................................... 12.1 Time requirements ............................. 9.11, 12.1 Unit Price Work .................................. 11.9.3 Valueof ............................................ 11.3 Waiver of —on Final Payment ................ 14.14, 14.15 Work Change Directive .............................10.2 written notice required ................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications — Article or Paragraph Number general .................................... Hazard Communication Programs ................... Completion — 6.2. 6.9.2, 8.1 6.22 Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion ............. 1' 38, 14.8-14.9 Waiver of Claims .... ............... .... 14.15 Computation of Times ......................... 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................ Conferences — 6.8-6.11 initially acceptable schedules ......................... 2.9 preconstruction...................................... Conflict, Error, Ambiguity, Discrepancy — 2.8 CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc -----------------6.4 Continuing the Work ............................. Contract Documents — 6.29, 10.4 Amending........................................... 3.5 Bonds............................................... 5.1 Cash Allowances ................................... 11.8 Change of Contract Price ............................. II Change of Contract Times ............................ 12 Changes in the Work ........................... 10.4-10.5 check and verify.....................................2.5 Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 definition of........................................1.10 ENGINEER as initial interpreter of ..................9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................ 3 Insurance............................................ 5.3 Intent..........................................4. 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedence .................................... 3.1, 3.3.3 Record Documents ................................. Reference to Standards and Specifications 6.19 of Technical Societies .............................. 3.3 Related Work ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof ............................................. 3.7 Supplementing....................................... Termination of ENGINEER's Employment 3.6 ........... 8.2 Unit Price Work .................................... 11.9 variations .................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price — adjustment of ................ 3.5, 4.1, 9.4, 10.3, I 1 2-1 1.3 Changeof ............................................ II Decision on Disputes ............................... definitionof ........................................ Contract Times — 9.11 1.11 adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of. ......... . . . . . . . . . . . . . . •. . . . . . . . . . . 12.1-12.4 C Article or Paragraph Number Commencement of ............ 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................0............... 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................4...................... 6.23 Defects in Work of Others .........................7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ........................... .. II.4.5.3 Fee --Cost-plus ..................... II.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 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 .................... A... 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 ........... ...........a. 6.29, 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRAC7OR's General Warranty and Guaran- tee............................................. 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- plesubmittal.....................................6.25 Coordination of Work ............................a. 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 To Report .. 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 Useof Premises.................6.............. 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title.....................6............. 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—ol her ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................1 12.2 Coordination I I I I I LJ I J 1 I I I I I C I .- I I I I I I I I I I I Article or Paragraph Number CONTRACTOR's responsibility .................... Copies of Documents .................................. Correction Period .................................... Correction, Removal or Acceptance of 6.9.2 2.2 13.12 Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... Correction or Removal of Defective Work ..... 6.30, 13.13 13.11 Correction Period .................................. OWNER May Correct Defective Work ............. OWNER May Stop Work .......................... Cost — 13.12 13.14 13.10 of Tests and Inspections ............................. Records ............................................ Cost of the Work — 13.4 11.7 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 temporaryfacilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental ..................................... Taxes related to the Work ....................... Tests and Inspection................................13.4 11.4.5 11.4.5.4 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 ...................... 8.3 Day- iefinition of ................................... 17.2.2 Decisions on Disputes .................. ..... 9.11, 9.12 defective —definition of......1.14 defective Work — Acceptance of ....:......................... 10.4.1, Correction or Removal of ................... 10.4.1, Correction Period .................................. in general.................................13, 14.7, Observation by ENGINEER ......................... 13.13 13.11 13.12 14.11 9.2 OWNER May Stop Work .......................... Prompt Notice of Defects ........................... 13.10 13.1 Rejecting............................................9.6 Uncovering the Work ............................... 13.8 Definitions............................................... I Delays ................................. 4.1. 6.29, 12.3.12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of..........................................4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .. .. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution — Agreement ..................................... 16.1-16.6 Arbitration ..................................... 16.1-16.5 general........................A...................... 16 Mediation..........................................16.6 Dispute Resolution Agreement ....................16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents — Copiesof............................................2.2 Record.............................................6.19 Reuseof ............................................. 3.7 Drawings —definition of ............................... 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 ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9, 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities — Limitations on ...............................9.11-913 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility.....................................6.26 Status During Construction — authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes .........0 .............. 9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities ...................................9.13 OWNER's Representative ......................... Project Representative 9.1 ............................. Rejecting Defective Work 9.3 .......................... Shop Drawings, Change Orders and 9.6 Payments .................................... 9.7-9.9 Visits to Site ..................................1... Unit Price Determinations 9.2 ........................... Visits to Site 9.10 ......................................... Written consent required 9.2 ......................... Equipment, Labor, Materials and ................... Equipment rental, Cost of the Work 6.3-6.5 ................ Equivalent Materials and Equipment 11:4.5.3 ................. Errors or omissions 6.7 ................................... Evidence of Financial Arrangements 6.33 ................... Explorations of physical conditions 8.11 ................... Fee, CONTRACTOR's—Costs-Plus 4.2.1 ................... Field Order — II.6 definition of ........................................ issued by ENGINEER 1.19 ......................... Final Application for Payment 3.6.1, 9.5 .................. Final Inspection 14.12 ...................................... Final Payment — 14.11 and Acceptance ..............................14.13-14.14 Prior to, for cash allowances ........................ General Provisions 11.8 ........17.3-17.4 General Requirements— - defintion of ......................................... principal references to .............. 2.6, 1.20 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... Guarantee of Work —by 17.1 CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of ........................................ 1.21 general..............................................4.5 OWNER's responsibility for ........................ Indemnification 8.10 ........................ 6. !2, 6.16, 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection— - Certificates of ......................... 9.13.4, 13.5, 14.12 Final ........................... Special, required by ENGINEER ....................9.6 14.11 Tests and Approval .........................8.7, 13.3-13.4. Insurance.. Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work.................................11.4.5.9 Before starting the Work ......................2.7 Bonds and —in general ................................. 5 Cancellation Provisions _. 5.8 Certificates of .. 2.7. 5, 5.3, 5.4'11. 5.4.13, 5.6.5, 5.8, 5.14, 9.13,4, 14.12 completed operations ...................... 5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage .. .. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibi lity ............ .. 5.9 ' Final Application for Payment ...................... 14.12 LicensedInsurers ....................................5.3 Notice requirements, material changes ...............................'... 5.8, 10.5O Option to Replace .................................. 5.14 other special insurances ............................. 5.10 OWNER as fiduciaryfor insureds ..............5.12-5.13 , OWNER's Liability........................5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property ........................................ S.G5.10 ' 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 — andEasements ...................................... 8.4 Availability of......................4.1, 8.4 ReportsSc Tests ..................................... 8.4 Laws and Regulations —Laws or Regulations — Bonds.......... ............................... 5.1-5.2 Changes in the Work................................10.4 ContractDocuments ................................. 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period; defective Work .................. 13.12 Cost of.the Work, taxes ..........11.4.5.4 definitionof........................................1.22 general.............................................6.14 Indemnification ................................6.31.6.33 Insurance......................................... .. 5.3 ' Precedence ......... .......... .....:........... 3.1, 3.3.3 Reference to................3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 ' Testsand Inspections ............................... 13.5 Useof Premises....................................6. Visits to Site ..................................... 9.2 Liability Insurance— CONTRACTOR's .......................... ..........5.4 5.4 OWNER's...........................................5.5 Licensed Sureties and Insurers ..........4 .............. 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 1 Manuals (of others) -- Precedence ....................................... 3.3.3.1 Article or Paragraph Number Reference to in Contract Documents ................ Materials and equipment — 3.3.1 furnished by CONTRACTOR ........................ not incorporated in Work ............................ Materials or equipment —equivalent ..................... Mediation (Optional) .................................. Milestones—Iefinition of .............................. Miscellaneous — 6.3 14.2 6.7 16.7 1.24 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 ............................ Award, definition of......1.25 Claim............................................... Defects ........... Differing Subsurface or Physical Conditions ..........4.2.3 14.13 17.3 13.1 Giving.............................................. Tests and Inspections ............................... Variation, Shop Drawing and Sample ................ Notice to Proceed — 17.1 13.3 6.27 definition of ........................................ givingof ............................................. Notification to Surety ................................. Observations, by ENGINEER ....................6.3, Occupancy of the Work ................ 5.15, 6.30.2.4, 1.26 2.3 10.5 9.2 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril,, policy form, Insurance ...................5.6.2 Option to Replace .....................................5.14 "Or Equal" Items......................................6.7 Otherwork ...........................:.................. Overtime Work —prohibition of ......................... 7 6.3 OWNER — Acceptance of defective Work ...................... appoint an ENGINEER .............................. as fiduciary ....................................5.12-5.13 Availability of Lands, responsibility ...................4.! I3.I3 8.2 definition of........................................1.27 data, furnish.........................................8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ May Stop the Work ................................ may suspend work, 14.7 13.10 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 ............... OWNER's— 5.6-5.10 Acceptance of the Work ......................... Change Orders, obligation to 6.30.2.5 execute....................................8.6, Communications..................................... Coordination of the Work ............................ Disputes, request for decision ....................... 10.4 8.1 7.4 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance...................................5.5 Notice of Defects ................................... Representative —During Construction, 13.1 ENGINEER's Status ............................ Responsibilities — 9.1 Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material .................. Change Orders .................................... Changes in the Work .............................. communications ................................... CONTRACTOR's responsibilities .................. evidence of financial arrangements ................ inspections, tests and approvals .................... 8.10 8.6 10.1 8.1 8.9 8.11 8.7 Insurance..........6.......0...................... lands and easements ............................... prompt payment by ................................ replacement of ENGINEER ....................... reports and tests ................................... stop or suspend Work .................. 8.8, 8.5 8.4 8.3 8.2 8.4 13.10, 15.1 terminate CONTRACTOR's services ..........8.8. 15.2 separate representative at site ..............6.........9.3 independent testing ................................. use or occupancy of the 13.4 Work .................................... 5.15, 14.10 written consent or approval required............................... written notice 9.1, 6.3, 11.4 required .......... 7.1, 9.4, 9.11, 11.2, 11.9, PCBs — 14.7, 15.4 definition of .........................................1.29 general..............................................4.5 OWNER's responsibility for ........................ Partial Utilization — 8.10 definition of........................................1.28 general................................... 6.30.2.4, 14.10 Property Insurance.....................a........... 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 .................. CONTRACTOR's Warranty of Title ................. Final Application for Payment ...................... FinalInspection ...................................14.11 Final Payment and Acceptance ............... 14.2 14.3 14.12 14.13-14.14 general........................................... Partial Utilization..................................14.10 Retainage........................................... Review of Applications for Progress 8.3, 14 14.2 Payments..................................14.4-14.7 promptpayment ..................................... 8.3 Schedule of Values..................................14.1 Substantial Completion ......................... 14.8-14.9 Waiver of Claims .................................. 14.15 when payments due .......................... 14.4, 14.13 withholding payment ................................ 14.7 Performance Bonds ................................. 5.1-5.2 Permits............................................... 6.13 I Article or Paragraph Number Petroleum — definition of ........................................ general.............................................. 1.30 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........................................... .... .. Subsurface and, 4.2.1.2 ...................................... Underground Facilities 4.2 ............................... • Possible Contract Documents Change 4.3 4.2.5 ............... Possible Price and Times Adjustments .............4.2.6 Reports and Drawings .............................. Notice of Differing Subsurface 4.2.1 or . .................. Subsurface and 4.2.3 ................ Subsurface Conditions ......4.2 ............................ Technical Data, Limited Reliance by 4.2.1.1 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.I TechnicalData ..................................... !'reconstruction Conference 4.2.2 ............................ Preliminary Matters 2.8 ......................................2 Preliminary Schedules .......................... Premises, Use of 2.6 ............... ................ .. 6.16-6.18 Price, Change of Contract ............................... 11 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 ............93 Project Representative, Resident —definition of ...................................... 1.33 prompt payment by OWNER .......................... 8.3 Property Insurance Additional...........................................5.7 general ...................... 5.6-5.10 .................. •Partial Utilization ........................... 5.15, .. 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punchlist ............................................ Radioactive Material— 14.11 definition........................................... general 1.32 .............................................. 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 ....................................... Reference to Standards and Specifications 4.4 of Technical Societies ................................ 3.3 Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work — atSite ........................................... 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 A 9.13 ............ ...................... OWNER's-in general ............................... .. 8 Retainage............................................. Reuse of Documents 14.2 .. ............. Review by CONTRACTOR: Shop Drawings 3.7 , and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments .. ............................. 14.414.7 Right to an adjustment................................10.2 Rights of Way ................................... 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.......... Representative, CONTRACTOR's 6.20-66.23 ....................6.21 Samples — definition of ........................................ 1.34 general........................................ Review by CONTRACTOR 6.24-6.28 ..................... Review by ENGINEER ..........6.26, .. 6.25 6.27 relatedWork ......................................... submittalof 6.28 ....................................... submittal procedures 6.24.2 ....................... Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, .. 6.25 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 ............. .. Change of Contract Times ......................... Initially Acceptable 10.4 ............: ..... 2.8-2.9 Preliminary.......................................... Scope of Changes 2.6 ' .............................. Subsurface Conditions 10.3-10.4 .............................. 4.2.1.1 10 I I I, H I I I I I I I I I I I I I Article or Paragraph Number Shop Drawings — and Samples, general ........................... Change Orders & Applications for 6.24-6.28 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 ................................... 4.3.1 Site Access ....................................... 7.2, 13.2 Site Cleanliness ....................................... 6.17 Site, Visits to — by ENGINEER ................................ 9.2, 13.2 by others ........................................... 13.2 "Special causes of loss" policy form, insurance ........ 5.6.2 Specifications — definition of ........................................ of Technical Societies, reference to ................. precedence...... Standards and Specifications of Technical 1.36 3.3.1 3.3.3 Societies..........................................3.3 Starting Construction, Before ....................... Starting the Work......................................2.4 Stop or Suspend Work — 2.5-2.8 by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. Structural Loading, Safety ............................. 4.1, 7.2 6.18 Subcontractor— Concerning...................................... 6.8-6.11 definition of ........................................ delays..............................................12.3 1.37 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......................................... Progress Schedules .............................. 6.25 2.6, 2.9 Samples ....................................... Schedule of Values .............................2.6, Schedule of Shop Drawings and 6.246.28 2.6, 14.1 Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings.................................6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3, definition of........................................1.38 14.8-14.9 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 ,.Or -Equal.. ........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to ........... ...... 4.2.1.2 ENGINEER's Review 4.2.4 ............................. general.............................................. 4.2 Limited Reliance by CONTRACTOR Authorized ....................................4.2.2 Notice of Differing Subsurface or Physical Conditions................................4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings ................................ 4.2.1 Subsurface and 4.2 ...................................... Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data 4.2.2 ..................................... Supervision— CONTRACTOR's responsibility ......................6.! 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........................................1.40 principal references to .................. 3.7, 6.5, 6.8-6.11, 6.20, 6.24, 9.13, r4.12 Waiver of Rights....................................6.11 Surety — consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of...................................5.1-5.3 Survival of Obligations................................6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— ..................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 ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination — by CONTRACTOR ................................. 15.5 by OWNER ..0 ............................ 8.8. 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................ 15 Terms and Adjectives .................................. 3.4 Tests and Inspections— C 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 Times —definition of ....................... 1.12 d. .._.-. . ay ................................................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.....................................6...... 11.9.3 definitionof ........................................ 1.42 general .................................. 11.9, 14.1, 14.5 Unit Prices — general........................................... 11.3.1 Determinationfor ................................... 9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph' Number Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ............................ 11.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized .............. • 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 I, 6.11 Warranty and Guarantee, General —by CONTRACTOR ............ ....6.30, .................... Warranty of Title, CONTRACTOR's ................... 14.3 Work — Accessto ........................................... byothers 13.2 .............................................. Changesin the 7 .......................................10 Continuingthe....................... CONTRACTOR May Stop Work ..... 6.29 orTerminate ................................... —Coordination 15.5 of ...................................... Cost of the 7.4 ..................................... 11.4.11.5 definitionof ........................................1.43 neglected by CONTRACTOR ......................13.14 other Work ...................• OWNER May Stop Work 7 .......................... OWNER May Suspend Work 13.10 ................. Related, Work at Site 13.10, 15.1 ............................ Starting 7.1-7.3 the .......................... Stopping by CONTRACTOR .. 2.4 ........................ Stopping by OWNER 15.5 .......................... Variation and deviation authorized, 15.1-15.4 minor............................ Work Change Directive — claims pursuant to .................................. 10.2 definitionof ........................................ principalreferences to .................... 1.44 3.5.3, 10.1-10.2 Written Amendment — ' definitionof ........................................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.I, 9.10-9.11, 10.4, 11.2, 12.1 , by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 I I I 12 , 1 I I I I [.I I I I I I Li I I I I GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I.I. Addenda —W- ritten orgraphic 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 Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree - ment, together with all Written Amendments, Change Orders. Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. 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 assu med byOWNER W N ER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm orcorporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. I 13 I 1.20. General Requirements�ections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 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—Awritten noticegiven by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, 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. UndergroturdFacilities—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. I I 1 I 1 1.1 I I r6 L 1. I 11 Li 14 I I 1 ii I. 1 I. I I I I I 1 i 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change 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. (Addition; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the 15 Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work - 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference I attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: • 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the _schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, 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. 1 -3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any.such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: ■ 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). ti No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilitiesofOWNER,CONTRACTORor ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER. ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or 16 I I I I I I I ii 1, Si 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 Contract 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 L,:. [_1 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 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 Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, 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 Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and (Addition SC -4.2.1.1) 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. 17 I 4.2.2. Limited Reliance by CONTRAC7OR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: :4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes .that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents; or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a -result ofa condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect' and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I .I 1 I I Ii V I I I I I I I I I I. I l I 1, information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (1) 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 11 and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference 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 whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio. active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confimi 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 11 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 I 19 L! 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 Performance, Payment and Other Bands: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. 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. 5.3. Licensed Sureties and Insurers; Certificates 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. (Addition; SC -5.3.1) 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple - • mentary Conditions, certificates. of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. CONTRACTOR'S Liability Insurance: (Addition SC -5.4) 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR'S other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:' 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 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' 1 II 1'1 I TAI iJ I. 1 11 I 1 I 20 ' The policies of insurance so required by this paragraph 5.4 to ace upon the Work at the site in the amount of the f I be purchased and maintained shall: re lacement cost thereof (subject to such deductible amou is as ay be provided in the Supplementary Condition or 5.4.7. with respect to insurance required by paragraphs required by Laws and Regulations). This insurance shall - 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- 5..1. include the interests of OWNER, CON RAC- sional liability) OWNER, ENGINEER, ENGINEER's Con - TOR, Subcontractors, ENGINEER, ENGINES s Con- sultants and any other persons or entities identified in the sultan and any other persons or entities identifi d in the Supplementary Conditions, all of whom shall be listed as Supple entary Conditions, each of whom is deem d to have additional insureds, and include coverage for the respective an insu ble interest and shall be listed as an nsured or officers and employees of all such additional insureds; addition insured; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- 5.6.2. b written on a Builder's Risk "all sk" or open mentary Conditions or required by Laws or Regulations, peril or spec I causes of loss policy form t t shall at least whichever is greater; include insu ce for physical loss or dam e to the Work, • temporary bull ings, falsework and Work i transit and shall 5.4.9. include completed operations insurance; insure against least the following pe Is fire, lightning, extended covera ,theft, vandalism and alicious mischief, 5.4.10. include contractual liability insurance covering earthquake, colla e, debris removal, d olition occasioned CONTRACTOR'S indemnity obligations under paragraphs by enforcement o Laws and Regula ons, water damage, 6.12, 6.16 and 6.31 through 6.33; and such other peril as may be speccally required by the 5.4.11. contain a provision or endorsement that the Supplementary Cond ions; coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written 5.6.3. include expe es incur in the repair or replace - notice has been given to OWNER and CONTRACTOR and ment of any insured p fly (i luding but not limited to to each other additional insured identified in the Supplemen- fees and charges of engin ers a architects); tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the 5.6.4. cover materials a quipment stored at the site or CONTRACTOR pursuant to paragraph 5.3.2 will so pro- at another location that was ed to in writing by OWNER vide); prior to being incorporated ' he Work, provided that such materials and equipment h ve en included in an Applica- 5.4.12. remain in effect at least until final payment and at tion for Payment recomm nded y ENGINEER; and I. all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance 5.6.5. be maintain in effect u tit final payment is made with paragraph 13.12; and unless otherwise agre to in writ g by OWNER, CON - 5.4.13. with respect to completed operations insurance, TRACTOR and ENG EER with th y days written notice and any insurance coverage written on a claims -made basis, to each other additi nal insured to horn a certificate of remain in effect for at least two years after final payment insurance has been ssued. (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- 5.7. OWNER $ II purchase and main in such boiler and tions to whom a certificate of insurance has been issued machinery insuran e or additional property insurance as may evidence satisfactory to OWNER and any such additional be required by t e Supplementary Conditio s or Laws and insured of continuation of such insurance at final payment Regulations wh' h will include the interest of OWNER, and one year thereafter). CONTRACTO ,Subcontractors.ENGINEER, NGINEER's Consultants a any other persons or entities id ratified in the Supplementa Conditions, each of whom is dee ed to have OWNER'sLiabilityInsurance. (Replacement; an insurabi interest and shall be listed as an insured or SC -5.5) additional i cured. i rrt�Wt/gt(/oMVe/(tr'ssl(rdotc1i�(V(r,E Mt4/p(e iMd&4 4�id'iR/((/rlJtd9f.'i'JS(J�4"�iWi'ft'�sn�*'4 5.8. 1 the policies of insurance (and the certifi arcs or 9��96�%61�y��1(�1ryh�iryf�a)/�jN,C)t��e�(pEy(�i other e dence thereof) required to be purchased an main - tamed y OWNER in accordance with paragraphs 5.6 a d 5.7 will c main a provision or endorsement that the coy rage affor ed will not be cancelled or materially changed or ren wal refu ed until at least thirty days' prior written notice has b en Properrylnsurance. (Replacements; giv n to OWNER and CONTRACTOR and to each oth SC— 5. 6 5 . 7 & 5. 8 a itional insured to whom a certificate of insurance has bee /6//.{lilE %t4t(/pWvidbrJpj mla/iva/v/ ur% i •ued and will contain waiver provisions in accordance with W(`i?i l�flr'iGEI dJ(t1l(rJ(i!(�id4r4MJJiWuf amgmph 5.11. I 21 .1 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. (Replacement; SC -5.10 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors,. ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or.the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 22 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph jet' 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'sCon- sultans and the officers, directors, employees and agents of any of them. (Replacemeno Receipt and Application of Insurance Proceeds SC -5.12 5.13 13 & 2. Any insured loss under the policies of insurarjee requi\ea paragraphs 5.6 and 5.7 will be• adjusted ith OWNd made payable to OWNER as fiduciary or the insurtheir interests may appear, subject tot require- mentplicable mortgage clause and of pa graph 5.13. OWNall eposit in a separate account rty money so receid sha distribute it in accordant ith such agree- ment parties interest may reach f no other special agrees reached a damaged Wo shall be repaired or replace moneys so eceived a ied on account thereof and tk and the cost ereo overed by an appropriate Chaner or Written Am'natnent. 5.13. OWNER as fiduci4 s II have power to adjust and settle any loss with the ijIurers u ss one of the parties in interest shall object i riting withi fifteen days after the occurrence of loss to WNER's exercis f this power. If such objection be made WNER as fiduciary sh I make settlement with the insure in accordance with such Bement as the parties in int st may reach. If no such agreem nt among the parties in i Brest is reached, OWNER as fiduci hall adjust and sett the loss with the insurers and, if required''required'S� writing by an party in interest, OWNER as fiduciary shall gi bond fovie proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 4. If either party (OWNER or CONTRACTOR) has objecti to the coverage afforded by or other provision the Bonds or surance required to be purchased and mtained by the other rty in accordance with Article 5 o he basis of non-conforman with the Contract Docume , the objecting party shall so noti he other party in w ' ' g within ten days after receipt of the ce ficates (or of ' evidence requested) required by paragraph 2.. WNE nd CONTRACTOR shall each provide to the other suc itional information in respect of insurance provided as th th may reasonably request. If either party does not pur ase or m ' rain all of the Bonds and insurance required o uch party by th Contract Documents, such party shall n fy the other party in ' ing of such failure to purchase p ' r to the start of the Work, or such failure to maintain p ' r to any change in the required cove e. Without prejudi to any other right or remedy, the other rty may elec o obtain equivalent Bonds or insurance to prote such er party's interests at the expense of the party who as T 1, I I �gVWW.0 6Ylc1e1sX9MM yWe(MAci"MYPpdXrMN Parriaf Utiliunion--Properly Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or, 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. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitablyqual- 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 OWNER'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 ofOWNER. WN ER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or-EqualItems: 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: I 23 L 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 the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Subs: itureConstructionMet/rods orProcedures:Ifa specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER,s prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub.. mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I I. I I I. 1 'II I. I I I I I 24 I I I I I. I. I I I I I I I 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 orfurnishing 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 organ--. 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 ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. Patent 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 25 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. (Addition; SC -6 .13) 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 WNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. (Addition; SC -6.14.3) Tares: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to he paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal; relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I I 1. I I; 11 I I I I I IT I I I I I I I I I. I responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. - Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- 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. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and 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. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- • ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 1 27 I Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements; except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to ,I do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by 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 1: I I I II 1. E I I I .Y i l I I I LI I 1 I ii I the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of otherwork 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. (Addition SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER 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. /15/9i)4A1 Pfd/ids6o(t4 lfiWi4/rls(r(cf,6ddtrfoWdn� 9f9f9(a�M Xa� uyh�f� �dn�d dsdddcE�r��w�tb/�t A p r,AB yyytX�6yn,y9 (Replacement SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain 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. 29 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 thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect .thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information -obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to. make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On thebasis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9,13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist. ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) 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: I 1 I_l I' I I 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or 30 I I I I I.. I I I I I I I I I I. that ENGINEER believes will not produce acompleted Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: -9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement;' entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this - paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement." entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision • and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitations on 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 shall create, impose orgive rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. 31 LI 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- titents. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of. and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 --CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. •If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. I I I 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, •' the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE I I.I. 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 bedetermined 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 32 Y I 1 I I I I I U LI I I I 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 Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11 33 u 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- • TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead 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: I I 11.6.1. a mutually acceptable fixed fee; or I 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work:• 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable Co ENGINEER an itemized cost breakdown to- gether with supporting data. 1, I I!. I I 34 I I I n I H I I I I I I I I I I Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: • 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER. or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 11: (Replacement; )f99(YS t 1/ A90/W �Y�5y of 17d 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. ifCONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) I 35 I delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. (Addition; SC -13.5) 13.6. If any Work (or the work of others) that is to be inspected, tested 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 ortestingas 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 AJay Stop (lie 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 I. 1 I I ,I I I .1 'I. I I 36 I I I I I Li I I I I I I1 I II 13.13. If, instead of requiring correction or removal and � replacement of defective Work. OWN ER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE II PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and I 37 I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's 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 Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make • the necessary corrections and resubmit the Application.flyr)/ dd tfy�s t r/6r`�,s�`�itidP n / ' ells ' nwvwx,w 7'7'l )y 7 JNF f���9b )y1�Sf Sf9fiiYh>✓ g 9(SdS� t fl7e/o9Pa 7I /3 1 /YC�Sre/aflHS frtWly4rW (Replacementnntar (Rep aement sentence; SC -14.4) 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, basedon ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER,s opinion to protect OWNER from loss because: 14.7.1. the Work is defective; or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 1. I 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 I 1 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or I. LI I I I. I I 'I 1I ii 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 ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial 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. 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 39 particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required -by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACIDR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1, a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. 1 1 ARTICLE I5 —SUSPENSION OF WORK AND 1 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 I I and 12. OWNER Alay Terminate: 15.2. Upon the occurrence of any one or more of the following events: I I 40 1 I I I 1. I 1 I I I I 1' 1' 1I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or • 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 -DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure. if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10. 9.11, and 9.12. OWNER and CONTRACTOR may exercise I 41 I such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. - Computation of Times: -17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Coup' 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.] I I I I I El ii I. I I I I I .1I 1. EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees orconsultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification orappeal. [The remainder of this page was left blank intentionally.] iI GC -Al it 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitra- GC -A2 tion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. 1 1 1 1 1 TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS IN Page SC -1 Definitions and Abbreviations SC -1 SC -2 Preliminary Matters ................................. SC -2 SC -5 Bonds and Insurance ............................... SC -3 SC -6 Contractor's Responsibilities .......................... SC -6 • 1 SC -7 Other Work ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -6 SC -8 Owner's Responsibilities ............................. SC -7 SC -9 Engineer's Status During Construction ................. SC -7 SC -11 Change of Contract Price ...... .. SC -10 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............... SC -11 I, SC -14 Payments to Contractor and Completion ................. SC -11 I I I I u r 1J I SC-i ISupplementary Conditions ISUPPLEMENTARY CONDITIONS ' These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 DEFINITIONS AND ABBREVIATIONS ' In addition to the provisions of Article 1, the following respective supplemental definitions apply: The words "OWNER" and "City" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "City Council" shall mean the City Council of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville. The words "Mayor" and "City Clerk" shall mean, respectively, the Mayor and City Clerk of the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney for the City of Fayetteville, Arkansas. The word "ENGINEER" shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who has been employed by the City of Fayetteville for this Work. ' The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. 1 The word "surety" or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. The word "Plans" shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the section "Modifications and Alterations," ' or for showing details which are not shown thereon. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." I I SC -1 Supplementary Conditions I Whenever the following abbreviations are used, they shall have the meanings given below: I AASHTO - American Society of State Highway Officials ' ACI - American Concrete Institute AGA - American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National. Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere abc - aggregate base course cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MOD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay RCP - reinforced concrete pipe , rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V - volt SC -2 PRELIMINARY MATTERS Li Add the following language at the end of paragraph 2.2 of the General Conditions SC -2 ISupplementary Conditions ' SC -2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of ' the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. ' SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and ' payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing paragraph 5.3.1 of the General Conditions: The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an 'A' rated bonding company." SC -5.3.2 Licensed Sureties and Insurers: Certificates of Insurance. In paragraph 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). SC -5.4 CONTRACTOR'S Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in SC -5.4 of the General Conditions: SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or ' greater where required by Laws and Regulations: SC -5.4.1 and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 ■i of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory I 3) Employer's Liability: $ 100,000 Each Occurrence II CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the ,I OWNER for Work performed under Contract. it SC -3 Supplementary Conditions I SC -5.4.3. SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under ,, paragraphs 5.4.3 through 5.4.5 of the General Conditions): $2,000,000 Combined Single. Limit ' Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad • Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.4.6 Comprehensive Automobile Liability Bodily Injury: I $1,500,000 Each Person $3,000,000 Each Occurrence Property Damage: $ 600,000 Each Occurrence , or a combined single limit of $2,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General ' Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the , OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and. with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5_6 Property Insurance. CONTRACTOR.shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- risk" insurance for physical loss and damage including theft, vandalism and I SC -4 11 Supplementary Conditions I I I I I I malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 and will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the ' CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. ' All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will tI endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. IISC -5.13 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General 1Conditions in its entirety. it SC-5 Supplementary Conditions , SC -6 CONTRACTOR'S RESPONSIBILITIES , SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13 of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas Department of Pollution Control and Ecology. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the CONTRACTOR." SC -6.14 Laws and Regulations. Add a new paragraph immediately after , paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 The CONTRACTOR shall prevent the pollution of drains and , watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. SC -6.24 Shop Drawings and Samples. Add the following language at the end of the , first sentence of paragraph 6.24.1 of the General Conditions: "The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after I paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless. from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in , SC -6 Supplementary Conditions L S L C. C 0 rl its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. I - SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC -9 ENGINEER'S STATUS DURING CONSTRUCTION ' SC -9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: General The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and dealings with subcontractors shall only be through ; or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. i2) Conferences and Meetings. Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. SC -7 „ntSupplementary Conditions I ve . ..- Cr.'c, ! ! a CONTRACTOR-.and_prepare"a final list of items to be completed, or da: t,. corrected:,: ' F yn :f, l� ,r v''t€t • !! Y. Irrilu'c) Observe that all items on final list have been completed or corrected and ,a ;,jrmake`recommendatioris:to.ENGINEER,concerning.acceptance.',9h3`' C!41ep • F . .. ry, , ..yy! t• q l, ji 5J f! 3 �ri!V I ��'hil r3i�,�f'R'n L �iifSt� } , °iD cnLimitations.of Authority (except upon written instruction of the ENGINEER). . Jr .S7 iJ 4',• :'s L fY.5 i!\.`.Y 'd -n Fi- rli.t��, ,._..i�.... :+I.. J --..Y Fii/ J3 t :1 Resident Project Representative: ±, : nun 3 i.� ��{{ y) y �nyY ♦ //�� y c )( f y{ v}�. ,J11 ��TJ'if f /trV $ fyy" 1 ! •"�J , •r .IJyI" 'i) �~l1,4' r � .� • I r C�� �� {rJ . ,t=r# shall snot:authorize,any deviation from. -'the Contract Documents or ao. 4 :substitution . of .materials or : equipment, iunless , authorized by :4i "ENGiNEER. , `n '+ ti "`n�1' L ,tn {,:"n (,,*,. {a� . .jr� ., [t, ,i C.., ,dY . t R .yt Ir k eY v` t Y •shall not exceed limitations of ENGINEER'S authority asset forth in iE ' W the A'greement'or. the Contract Documents...ian try xae .1 (o •-shall not undertake any, of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. e .fi. .- c i• .la. 'd , a .S 1ffi aii� -. '.f I .' sliall;not advise Jon; issue directions relative - to'. orzassume.control &:ns _• over, any, aspect of,the means, methods; techniquesequences or procedures -of construction, unless such *advice' or, directions are '_ t. "'T specifically, required.by:the Contract Documents. i,,, 41.• 1 �r •... F" 'tr 4!i. ".�� C.13!i ii ': }.� }. }.• • t�i4�ij•.' ' 14. i r r fc +shall. not•advise,on ;issue. directions•regardingor; assume control over`s(afety.precautions'and:programs`in co'ynnectionrwith.theWork: ` 5 .' 'i•/ .•.'t e� '1 Mr""i :•'C�'C_}F ...1. 11 E'� &.e .. %. ' 3 era -shall not accept Shop Drawing orjsarnple submittals from anyone other than CONTRACTOR. a ecrshall not authorizeOWNER to occupy the Project in whole or in part. 7'c ft jshall iinot £participaterin specialized 1 field or. laboratory .tests or to c'ur inspections conducted by others except as specifically authorized by o,la t",,, s� ENGINEER.r, gip'- bna ..ter yt m ansb: yea ao zoW t L' v ;'j la.i� ... .. .♦ :., �ti, -... , 443 il VL rajf l:'C,?ltl�.'3."'i:c• fl'1. ;� •..Z SC 11 ' CHANGE OF CONTRACT PRICE •^� ,.", rs r.i 'i .I_i • �. rim Fi • Q. .ILti.: +,ri'll'i� '1. � t, n'7. : '�„ r4 } ;' J2F}' r•hn. dt �fff'' SC -11.9 "• r f; Unit Price Work ,Delete paragraph 11.9.3i of -.the General Conditions and adpp1i d;Jtjhe,following,in;its place:,l , en t1 b. ,iii-.., etFh •,et1 1. ' N i' f]l1v!'A`♦tll F. m~' i pi }v rl r•,�i'. :' fWT i' .4A" �P"in_� P1JP .,. of }1.1:9.3:1 the total cost of a particular, item of Unit.Price Work amounts toi15 ipercent or more of+lie Total Contract' Price and if the units of work of'the particular item of Unit Price Work performed by CONTRACTOR amounts to 125 percent or more of the estimated quantity of work set out !;rri. in the Contract,;the. quantity_of the unit price item'in"excess of 125 percent io ,shall; be.: subject; i to -n reevaluation i and adjustmentltprovided. that documentation is presented that substantiates the claim; and..-: .�c. b =. R3 1WO �' Jz c":.;•i.i 40 ynrMr . _ n o L- :SC -10 at ISupplementary Conditions SC -13 TESTS AND INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ' SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of the General Conditions: 1 All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by 1 organizations acceptable to OWNER and ENGINEER. SC -14 PAYMENTS TO CONTRACTOR AND COMPLETION 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: 1 After the required internal reviews and processing by the OWNER, the OWNER 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 OWNER cannot guarantee the 30 days maximum time. 1 I I I I I I H C 1 ' SC -11 Section 01000 Project Requirements P TECHNICAL SPECIFICATIONS 1 GRAVITY PRESSURE SEWER REPLACEMENT FAYETTEVILLE, ARKANSAS City of Fayetteville Bid No. 9665 ' Plans No. Fy-260 Dated October, 1996 PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for r in these Specifications. The work shall include the furnishing of all materials, equipment, ' tools, supplies, and incidentals, and performing all labor in the construction of work generally described as follows: ■ Approximately 3,575 linear feet of 18 inch gravity pressure sewer ■ replacement, with associated connections to existing lines, appurtenances, and all other work required for a complete installation. B. LANDS AND RIGHTS -OF -WAY The work to be performed under this contract shall be on City -owned property, ■ easements previously obtained by the City, and easements obtained for this project by the City of Fayetteville, Arkansas. All access to the rights -of -way across private property, other than along the route shown on the Plans, shall be exercised by the Contractor only after having obtained written permission from each landowner for that particular access. All construction activities shall be limited to those areas defined within the permanent easements and temporary construction easements. Any activities outside these areas across private property will require written permission from the landowner(s). C. SEQUENCE OF THE WORK After the contract, bonds, and certificates of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the contract time will commence. Following is a list of items to be completed and the sequence to be followed: 1. The Contractor shall install gravity pressure sewer from approximately Station 2+55 to Station 35+75, including plug valve, air release and fittings as required, provide reaction backing, and hydrostatically test. 01000-1 I t':a r Section 01000 ,,I',yProject Requirements o :'K.i tCI:EROSION CONTROL' , Y' 'i , �} .•�•• '. : } r ) ``fy'' r .. r 1i.' L:yr YJ'.l ] n Lj. 'ijS. ti f Xr's 'ii Val $L"t I. ' JI �..♦ 111 YS . C'jM '1« The Contractor shall prevent erosion of soil on the site and adjacent propertyresulting from his construction activities. ..Effective measures shall be initiated prior to the :, .rcommericement of clear!ng; grading,"excavation, or other operation that will `disturb the 1z it •natural protection:. i n_ .l Er .• no'Ia'u.aV Ij .,�� N.1-. .Si ..i tit ►11y[" '.+@la, '-. [gf$iYlf" R.:+'..H ii:J , i � s 45ia J,.. i: Work shallbescheduled to expose•areas subject to erosion for the. shortest' possible time, and.natural •vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings' shall be located, and construction traffic routed, to minimize erosion. Temporary fastS growing vegetation or other suitable ground cover .• crshall be'.provided as'necessary_to control runoff:,z- •1... a. --X.t r„ ln.. t.Jti.s o : Vi'µ :1. iUr: �;�r}T!'. k .I t. .i dtar� 1 6 � �Yir �. rt �. LM � .L�� e.F7 Jf4it lLl...;POLLTI O'','n.`o li � j . , :,. U ON CONTR L i i ,• >- , i � . �. � 4 tt ;.\-i& yi n^ - Yf ��Y+�` . F j ,. 1, Y5y L. W — _ . .. U' /<l r..s�%Lt t ? .'Hilc➢\, '�..A ro,•/+-. pt' Ni., ; - J� 4".., .. tJ fn iri. &:t.1 t .. The Contractor shall prevent the pollution of drains and watercourses by sanitarywastes, r4 C:..sediment; debris and other substances resulting from construction activities^ No sanitary wastes will be permitted .to lenter, any drain or watercourse' other than'saniitary sewers. No sediment, debris or, other substance.will be` permitted to enter sanitary sewers, and reasonable measures will be takerito prevent such materials from,entering any drain or watercourse. '' tj i� 11 iI C.: .'r1n?snt�. `rx nn i)••�.e °,. w-'`SJ� ("i lX amX.`fSik -''Jt; '.� �,£tswl lCr;..�.`-sel'/30 nY The � Contractor: shall. obtain � a �: Permit for Discharge of:Storwwater' from9-Construction �a oActivities as required by the Arkansas Departmehtof Pollution Control and Ecology. The responsibility for obtaining the:permit (including any.permit fees) and complying with all applicable regulations shall be borne by the Contractor. i .. .I. .. y=li. e.• :. ,i..,\.4 .lf . .. y i. 1)•w w'. I 1'1161 T r+. .f .. n.. ;i....w ri. —.r."' .` • Yr. ,- _ M.. TREE -AND PL,ANT PROTECTION ,, i iMS • « t '1 ,h /i.. \C`~ gp,Y Tr tlrf, nf,g j.r jl Y;. Ytlj .' i r JY♦ te... w.I Y.- ?n;• .r J'i l r.:,rAll;trees!and t"other vegetation ££₹mwhich :m)ust:be renioved'td' perforrn'the work shall be removed. and disposed of by the Contractor. However, no trees or cultured plants shall be unnecessarily removed unlesitheir removal is indicated on the Drawings. All trees cd and plants not removed shall be protected against injury from / constructiion.operations• • L. .. • - - •: • a t{ • C Mr 1 ✓ •f' , Jaa ' .i1, Y `.lr`w-('• it L.: 'F.r .N. Jh, f r r- . .. a e - „ Trr a All trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists: '(i f jf4i t41' '; P 1 !`ee .. y' li, t N: �MONTHL. c MONTHLY A1.NyyD //PAYMENTS!° -i-L��55.t3.`; 94 ��t. ..}' rte `r 14 L. iVl/�[ a3 i'grfi''t1':,J..Al S}7,.. .i re rifa i 11 X 1. i H £) il^<�1 V ,On the last Friday of each month the Engineer will -make an approximate"estimate of the value of the work done and materials furnished in`place on the work during the previous «f 30-dayperiod_rHe will also include'the cost value of freight•for equipment and materials f crfreadily accountedtfor,• but-not.suchritenistasrcement;:`aggregate slumber; nailsland >,? ,. miS(cellaneouS'items f+ rq'- r&; b��l r tc '7 yl'i P:.J;... i'a:' "'"1•-' !9f' ,�.lv`L�µ-o�y� aZ-{ )t XI•"`i {y, Yl i,. -. l.�l �ttA i }L, Mi��iiY a\ ..a .x ei - t 'IThe Contractor shalt furnish to' the Engineer such detailedinformation as he may request to aid him as a guide in the preparation of monthly estimates.tEach'estimate!shall reduce the amount to be paid by a 10 percent retainage until the project is 50 percent I. n I 1 1 I ii1 1 �1 I I �1 I LJ I ki I 01000-4 Section 01000 Project Requirements complete. Thereafter, the retainage shall be equal to 5 percent of the estimated final contract amount. This retainage shall remain in effect until the Engineer certifies that the contract is substantially complete. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor by the 15th of the following month the amount of such estimated value of materials furnished and work done during said previous 30 -day period. ' O. PAYMENT - Payment shall be made in accordance with the bid items as set out in the Methods of Measurement and Payment. P. CONNECTIONS TO EXISTING FACILITIES ' Unless otherwise specified or indicated, the Contractor shall make necessary connections to existing facilities. The Contractor shall coordinate the connections with the Owner prior to undertaking connections. The Contractor shall protect facilities against deleterious substances and damage. Connections to existing facilities shall be thoroughly planned in advance, and all required ' equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the Owner. O. PROTECTING AND REPLACING UTILITY SERVICES In some instances the pipe will be installed under, alongside and over existing utility services. The Contractor shall be responsible for locating and protecting or repairing and replacing such services. ' Where the Contractor cannot make adequate repairs to any utility damaged by the Contractor, the Contractor shall coordinate with the various utility companies to make repairs to all services, and such costs will be charged to the Contractor. The Contractor ' shall make arrangements for this service with the various utilities either before the bid is presented or before construction starts. Where portions of the lines are 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. R. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. ' 01000-5 Section 01000 Project Requirements 17 S. SAFETY SYSTEMS Act 291 of the 1993 Arkansas General Assembly requires that whenever any agency of the state, county, municipality, or school district, or other local taxing unit or improvement district enters into a contract for public works improvements which involves any trench or excavation which equals or exceeds five (5) feet in depth, include in, their specifications for the project the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P. This document is hereby incorporated into these Specifications (by reference). I END OF SECTION 01000-6 I Li I C I I I I I U I I LI .1 I I TECHNICAL SPECIFICATIONS USE OF EXPLOSIVES A. GENERAL Section 01035 Use of Explosives The Contractor shall observe the requirements of the General Conditions, Supplementary Conditions and this Technical Specification when using any explosive materials for excavation or demolition. B. USE OF EXPLOSIVES When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives. Excessive blasting will not be permitted. The Contractor shall take all necessary precaution to protect persons, completed work, neighboring property, water lines, springs, or other underground structures. The Contractor shall notify all owners of all nearby property of the intention to use explosives at least twenty-four hours before blasting is scheduled. The Contractor shall submit to the Owner a certificate of insurance covering such blasting operations. Such insurance shall be in the same amount as is the comprehensive general liability requirements set out in the Supplementary Conditions. C. RESPONSIBILITY The Contractor shall be totally responsible for handling explosives in a safe manner and for any damage resulting from the use of explosives. The Contractor shall obtain the services of a qualified seismic consultant prior to any blasting in order to mitigate damage to structures, property, springs, or other natural features due to vibration or shock. The seismic consultant shall provide and operate seismic monitoring equipment in areas where structures, springs, or other natural features may be affected during the use of any explosives, and shall provide to the Engineer a report describing the vibrations and forces which were exerted in the areas described above during blasting. END OF SECTION I 01035-1 ' Section 01150 Payment TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT ' A. GENERAL Methods of measurement and payment as set out in the Specifications covering the ' various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under ' this contract shall be made at the unit and lump sum prices bid under the various items of the Bid as hereinafter set out. Bid Item 1 - 18" Pressure Sewer Pipe (C905) ' Payment for force main pipe shall be made at the unit price bid per linear foot, complete in place. The unit price bid shall be full compensation for clearing, ' timber and brush disposal, right of way preparation, surface removal, stripping and stockpiling topsoil where required, excavation or trenching (including rock), dewatering of trench, providing and placing pipe bedding or embedment material, ' polyethylene encasement (for ductile iron pipe and/or fittings), furnishing and laying pipe and fittings, concrete reaction backing, pipe protection cover, and earth backfill, furnishing and placing rock riprap where shown on the Plans, cleanup, ' seeding, fertilizing and mulching as specified, hydrostatic testing, fence repair, utility repair, and every item of construction not specifically set out to be paid for under other items of the Bid. 1 Measurement shall be based on the total length of the line, including pipe required for ties to the existing system, with no deduction made for fittings. Measurement shall be made with a 100 foot tape along the centerline of the pipeline after the trench has been backfilled. The footage installed to be paid for ' will be reflected in a daily written report, a copy of which will be furnished to the Contractor. ' Bid Item 2 - 18" Pressure Sewer Pipe (C905) Payment for force main pipe shall be made at the unit price bid per linear foot, complete in place. The unit price bid shall be full compensation for clearing, dewatering of trench, providing and placing pipe bedding or embedment material, polyethylene encasement (for ductile iron pipe and/or fittings), removal and disposal of existing 14 inch DIP, furnishing and laying pipe and fittings, concrete timber and brush disposal, right of way preparation, surface removal, stripping and stockpiling topsoil where required, excavation or trenching (including rock), reaction backing, pipe protection cover, and earth backfill, connection to and repair, grouting and dye testing of manhole at Station 0+00, cleanup, seeding, fertilizing and mulching as specified, air testing, utility repair, and every item of construction not specifically set out to be paid for under other items of the Bid. 01150-1 j Section 01150 Payment Measurement shall be based on the total length of the line, including pipe required for ties to the existing system, with no deduction made for fittings. Measurement shall be made with a 100 foot tape along the centerline of the pipeline after the trench has been backfilled. The footage installed to be paid for will be reflected in a daily written report, a copy of which will be furnished to the Contractor. Bid Item 3 - Crushed Stone Trench Backfill and Double Chip Seal of Street Payment shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for furnishing the labor, tools, equipment, and materials necessary to complete the trench backfill and compaction, apply double chip and seal the full length of the area disturbed by excavation and backfill operations. Bid Item 4 - Temporary Gravity Pressure Sewer Bypass Payment for bypass shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for furnishing the labor, tools, equipment, and materials necessary for the installation, maintenance, and removal of bypass, and shall include all fittings and connections as required. The Contractor must maintain bypass to handle all sewage flow for the duration of reinstallation of the gravity pressure sewer from Station 0+00 to connection at Station 2+55 (plus or minus). Pipe and fittings used as bypass shall become the property of the City of Fayetteville Water and Sewer Department. Upon removal of bypass, the pipe and fittings shall be delivered to the City storage at 1475 W. Cato Springs Road. Bid Item 5 - Tie -In of Gravity Pressure Sewer (East End) Payment for tie-in of the new gravity pressure sewer to the existing sewer main shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for furnishing the labor, tools, equipment and materials necessary for the construction. of the tie-in, and shall include dewatering of the existing gravity sewer main pipe and plugging or disconnecting existing pipe where required. This item also includes the 18 inch plug valve, 2 inch air release valve with vault, all fittings and concrete reaction backing, hydrostatic testing, and all work required to make the connection between the new and existing pipe, and any pumping equipment and accessories necessary. Bid Item 6 - Nonreinforced Concrete Encasement Payment for nonreinforced concrete used for pipe encasement shall be made in accordance with the unit price bid per linear foot. The unit price bid shall include forming, if necessary, and furnishing and placing materials. Nonreinforced concrete will be placed as shown on the Plans and Detail Sheet, and as directed by the Engineer. Measurement shall be the length of concrete encasement installed as measured by the Engineer at the time of placement. 01150-2 ' Section 01150 Payment Bid Item 7 - Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out ' in said Act 291. I END OF SECTION I I I I 1, I 11 I I iiJ I ' 01150-3 i I TECHNICAL SPECIFICATIONS ISCHEDULES Section 01310 Schedules A. GENERAL The Contractor shall utilize and maintain through project completion critical path scheduling of all phases of work required for completion of the project within the contract time. Such schedule shall be submitted to the Engineer as required by the General Conditions and as specified herein. ' B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall submit all approvable critical path scheduling at least ten days before submission of the first application for payment. Prior to preparation of the monthly partial payment estimate, the. Contractor shall submit to the Engineer critical path progress status reports and revised schedules as required to show completion of the project within the agreed contract time set forth in the Contract Agreement. IEND OF SECTION I. I I 1 1 1 01310-1 ISection 01620 Materials Storage/Handling TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS A. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered prior to the final acceptance of the work. B. STORAGE OF MATERIALS I, The Contractor shall be responsible for the safe storage of material furnished by or to him and accepted by him, and intended for the work, until it has been incorporated in the completed project. The interior of all pipe, fittings and other accessories shall be kept Ifree from dirt and foreign matter at all times. All materials shall be stored in strict conformance to the manufacturer's recommendations. C. HANDLING OF MATERIALS All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Pipe and fittings shall be inspected upon arrival at the job site and handled in such a manner so as to protect them from damage due to impact, shock and free fall. Pipe and fittings shall not be dragged along the ground and shall be stored so as to protect the joints and pipe from damage. Should the pipe and/or fittings necessitate handling by a mechanical means, a clamp, rope or sling may be used around the outside barrel of the pipe and/or fittings in accordance with the manufacturer's recommendations. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Care of Pipe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. IEND OF SECTION I 01620-1 I! I 1! A. GENERAL TECHNICAL SPECIFICATIONS TESTING Section 01660 Testing & Certifications The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required in connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and • provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. IEND OF SECTION I I F] u 11 ' 01660-1 I L I IA. GENERAL LI I Section 01665 Air Testing TECHNICAL SPECIFICATIONS LOW PRESSURE AIR TESTING FOR GRAVITY PRESSURE SEWER LINES The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for low pressure air testing of all sewer lines. B. TESTING After the sewer line has been installed from existing manhole at Station 0+00 to a point near the tie-in, the Contractor shall proceed to air test all sewer lines to determine if sewers are free of breaks or other defects which would permit excessive infiltration or exfiltration. The Contractor shall conduct low pressure air tests by use of equipment manufactured for this purpose. The equipment shall include a regulator to avoid overpressurizing and possibly damaging an otherwise acceptable line. The equipment used shall be Air-Loc system as manufactured by Cherne Industrial, Inc., Hopkins, Minnesota, or equal. The low pressure air test shall be conducted by plugging each opening in the reach of pipe to be tested. All plugs shall be braced against slippage due to internal pressure, and no one shall be allowed in the manhole during the testing procedure. One of the plugs provided must have an inlet tap or other provision for connecting an air hose. After connecting the air control equipment to the air hose, monitor the air pressure so that the internal pressure does not exceed 5.0 psig. After reaching 4.0 psig, the air supply shall be throttled to maintain between 4.0 and 3.5 psig for at least 2 minutes in order to allow equilibrium between air temperature and the pipe walls. If plugs are found to leak, the Contractor shall bleed off the air, tighten the plugs, and again begin supplying air. After the temperature has stabilized, the pressure is allowed to decrease to 3.5 psig. At 3.5 psig, the Contractor shall begin timing to determine the time required for the pressure to drop to 3.0 psig. The pipe shall be presumed free of defects if the time, in seconds, for the air pressure to decrease from 3.5 psig to 3.0 psig is greater than that shown in the table below. 1 01665-1 Section 01665 Air Testing SPECIFICATION TIME REQUIRED FOR 0.5 PSIG PRESSURE DROP FOR SIZE AND LENGTH OF PIPE INDICATED FOR Q = 0.0015 1 Pipe Dia. (in.) 2 Min. Time (mine sec) 3 Length for Min. rime (it) 4 Time for Longer Length (sec) Specification Time for Length (L) Shown (min:sec) 100 ft 150 ft 200 ft 250 ft 300 ft 350 ft 400 ft 450 ft 4 1:63 597 .190L 1:53 1:53 1:53 1:53 1:53 1:53 1:53 1:53 8 2:50 398 .427L 2:50 2:50 2:50 2:50 2:50 2:50 2:51 3:12 a 3:47 298 .760L 3:47 3:47 3:47 3:47 3:48 426 5:04 5:42 10 4:43 239 1.187L 4:43 4:43 4:43 4:57 5:58 6:55 7:54 8:54 12 5:40 199 1.709L 5:40 5:40 5:42 7:08 8:33 9:58 1124 12:50 15 7:05 159 2.671L 7:55 7:05 8:54 11:08 1321 15:35 17:48 20:02 18 830 133 3.846L 8:30 9:37 12:49 16:01 19:14 2226 25:38 28:51 21 9:55 114 5.235L 9:55 13:05 1727 21:49 26:11 30:32 34:54 39:16 24 1120 99 6.837L 1124 17:57 22:48 28:30 34:11 39:53 45:35 51:17 27 12:45 88 8.653L 1425 21:38 28:51 36:04 43:16 50:30 57:42 46:54 30 14:10 80 10.683L 17:48 26:43 35:37 4431 53:25 62:19 71:13 80:07 33 1535 72 12.926L 2133 32:19 43:56 53:52 64:38 7524 66:10 96:57 36 17:00 66 15.384L 2539 38:28 51:17 64:06 76:55 89:44 102:34 11523 Any test section less than 100 feet in length shall be tested for the time set out for 100 feet. I. I i, it I �I II If by use of the above procedure, defective section(s) of line are found, the line segment shall be tested at 20 foot intervals to determine the exact location of the defect(s). Repairs shall be made in defective section(s) and the entire line segment shall then be , retested. I END OF SECTION I I 01665-2 Section 01666 Testing of Gravity Pressure Sewers TECHNICAL SPECIFICATIONS HYDROSTATIC TESTING OF GRAVITY PRESSURE SEWERS 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 filling and hydrostatic testing of the sewer pipe. •�, B. MATERIALS Water. Water for filling and testing 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. C. TESTING After completion of construction of gravity pressure sewer, the Contractor shall test the sewer pipe as set out below. An amount of water required to initially fill the sewer pipe will be furnished to the Contractor by the Owner, free of cost to the Contractor. Should the Contractor require additional amounts of water due to breaks or neglect on the part of the Contractor, water shall be purchased from the Owner at their bulk rate. Quantities of water which will be paid for by the Contractor shall be determined by the Engineer. 1. Hydrostatic Testing. The Contractor shall fill the newly constructed lines and visually check all line valves to assure proper operation. All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted after the line is completed and backfill made. '■ a. Test Pressure and Duration. The line shall be tested at 150 percent of the • designed operating pressure or a minimum of 100 psi. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds per square inch at the test point for a period of two hours. b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water I that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has 1 been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. I I. 01666-1 Section 01666 Testing of Gravity Pressure Sewers The Contractor shall be responsible for providing all air reliefs, pumps, equipment and appurtenances necessary to remove air from line to be tested and 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 sewer pipe shall be within the limits set out in AWWA C600, latest revision. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at •his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. d. Visible Leaks. All visible leaks are to be repaired regardless of the amount of leakage. • END OF SECTION 1 ii I 01666-2 I [! I. I CLEARING RIGHTS OF WAY, CUTTING AND REBUILDING/REPAIRING FENCES IA. GENERAL TECHNICAL SPECIFICATIONS Section 02110 Clearing ROW The City of Fayetteville has acquired both construction easements and permanent easements to be utilized for construction of sewer force mains. The Contractor shall confine his activities to the rights of way obtained by the City of Fayetteville. B. CLEARING RIGHTS OF WAY Parts of construction are indicated on the Plans as being through lawns, gardens, brush, timbered areas and pasture land. There is no separate pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the clearing operation. Nor is there a separate pay item for cutting and repairing/rebuilding fences. 1. Brush, Timbered Areas and Pasture Land. Where construction is indicated on the Plans as being through brush, timbered areas and pasture land, the Engineer shall stake the centerline of the proposed force main. The Contractor shall clear the rights of way of brush and other debris and do such right of way clearing as is necessary to provide an adequate working area within the easement limits. Upon completion of this work, the Engineer, with the assistance of the Contractor, will then provide line and grade stakes required for construction. In clearing right of way, the Contractor shall remove only those trees necessary for the construction of improvements. Where the force main is to be constructed in close proximity with shade trees or other trees of significant value, the • Contractor will be expected to work near the trees without removing or damaging them. • All brush, timber and other debris required to be removed from the work area shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will be permissible, provided that the provisions required by all state and local agencies controlling and supervising these activities have been complied with. A portion of the work may cross private property in which livestock are at large. It is the responsibility of the Contractor to see that the livestock are kept in the T original pastures. It has been found that wilted wild cherry leaves are poisonous to livestock. Consequently, wherever wild cherry is removed or damaged, the branches shall be removed immediately from the site of the work, and shall be I 02110-1 Section 02110 ,. Clearing ROW burned or disposed of so that it will be impossible for the livestock to have access to them. 2. Lawns. Gardens, and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Engineer shall stake the general location of the rights of way, and shall provide line and, grade stakes. The Contractor shall then perform necessary clearing of debris from the rights of way. All shrubbery, small trees (less than 4 inches in diameter). and other items of landscape shall either be protected or shall be replaced at the Contractor's expense. All limbs and other debris requiring removal shall be hauled from the site and I disposed of at the option of the Contractor. 3. Power Lines. Where a portion of the line is to be laid adjacent to or under power I' 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 1 contact or near contact with conductors of the transmission line. It is strongly recommended that low profile construction equipment be used and that a vertical clearance be maintained between any equipment and transmission facilities, in accordance with applicable state, federal and power utility requirements. Unless the sewer force main is specifically set out to cross within the limits of the J power line right of way, the Contractor shall not alter or work within the limits of the existing power line right of way. 4. Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions 'I are to be removed and replaced along the right of way. These shall be removed and protected. Temporary replacements shall be provided until the permanent i' installations are provided. After pipe construction in the immediate vicinity is a complete, items damaged by the Contractor shall be replaced to their original conditions, at the expense of the Contractor. Payment for these items is to be J included in the price bid per linear foot of pipe. 5. Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. The fences are to be replaced to existing alignment as nearly as possible. Prior to cutting, the Engineer will witness the fence locations to points outside the right of way. Any stakes or other identification so used shall be protected by the Contractor. Prior to the cutting of fences the Contractor shall install a brace post assembly in the existing fence on each side of the pipeline. The exact location for the brace post assembly shall be field determined. The tension of the existing fence shall not be reduced. The Contractor shall then construct temporary gates and fencing 02110-2 Section 02110 Clearing ROW I so as to maintain livestock in the original pasture during the construction period. 1 There is no separate pay item for temporary gates and fencing, and shall be included in the price bid for pipe. 1 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 material. I. Where removal, replacement or repair of chain link, ornamental iron, wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. 6. Restoration of Property Markers. Where property markers or public right of way markers have been disturbed or will be removed in the course of construction, the Contractor shall retain an Arkansas Registered Land Surveyor to witness the position of the marker prior to disturbance or removal. After the completion of construction, an Arkansas R.L.S. shall be retained to restore all disturbed or removed markers to their original position. The Contractor is responsible for taking steps necessary to assure the safety of livestock tin the vicinity of the construction area. I END OF SECTION I I I I I I 02110-3 iSection 02113 Surface Removal TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. ' This specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where the sewer force main 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. Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along one side 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 defined in the Pipe section of these Specifications. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus 12 inches. 2. Wooded and Rocky Areas. In wooded or rocky areas the ground cover shall be removed as set out in paragraph 8.1 above except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. 3. Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other 02113-1 Section 02113 Surface Removal appurtenances. I The Contractor shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall be removed in accordance with the dimensions set out below. 1) Removal of Pavement for 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 the defined width of the trench plus 3 feet 6 inches each side of trench. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 12 inches. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. 1) Removal, of Pavement for Pipe Construction. The width of concrete pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be 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. c. Unpaved Driving Surfaces. Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. 1) 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. 02113-2 Section 02113 Surface Removal 4. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing II conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will j 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 END OF SECTION I I I I I. .I. I I 02113-3 I I I Section 02221 Backfilling TECHNICAL SPECIFICATIONS PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL I A. GENERAL I `J I I I I. I 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 AHTD Class 8, 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. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the embedment material or top of pipe, whichever is greater, shall consist of select material free from rocks larger than 2 inches, 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 sewer line construction is within and approximately perpendicular to or crossing curb and gutter, a street or other driving surface, the pipe protection cover shall consist of granular base trench backfill as defined above. The pipe protection cover shall be placed from the top of the bedding or embedment of the pipe to a point 12 inches above the top of the pipe by the trench width. 2. Backfilling. After the pipe protection cover has been placed, the trench, excavated areas around manholes, valves, fittings, fire hydrants, and other appurtenances shall be backfilled with excavated material free from rock larger than 12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. 02221-1 Section 02221 Backfilling 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 thicknesses no greater than 12 inches after initial placement of 3 feet of pipe cover 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 associatedwith replacement, recompaction and testing shall be borne by the Contractor. All trench backfill (except under paved areas) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. In areas where the trench crosses a street, parking lot or driveway, the backfill shall be crushed stone trench backfill. Crushed stone trench backfill (aggregate base course, Class 7) shall be compacted to 95 percent modified Proctor density (ASTM D1557-78). The density of backfill material, including crushed stone trench backfill, shall be determined at locations selected by the Engineer at no less than 500 foot intervals. An additional test will be made for each test failure at approximately 100 feet either side of failing test. In areas to be topsoiled, the test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil. All surfaces to be paved shall be tested at three (3) depths below finished grade as selected by the Engineer. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. 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 repair the settled areas. I I ,, I. I 02221-2 Section 02221 Backfilling c. Mowed or Cultivated Areas Including Pastures (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 Iof 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 1 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. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. 4. Replacement and Repair of Driving Surfaces Sidewalks, Curb and Gutter. Replacement and repair of driving surfaces, sidewalks, and curb and gutter shall be as specified elsewhere in these Specifications. IEND OF SECTION I I I I 02221-3 Section 02222 Aggregate Base Course I TECHNICAL SPECIFICATIONS IAGGREGATE BASE COURSE, CLASS 7 A. GENERAL The work to be included under this section of the Specifications shall consist of providing j all materials, labor, equipment, tools, supplies, testing and incidentals necessary for completion of aggregate base course, Class 7, as shown on the Plans and as hereinafter specified. I. B. MATERIALS AND EXECUTION The Contractor shall furnish materials and construct aggregate base course, Class 7, as specified by Section 303 of "Standard Specifications for Highway Construction," Edition of 1993, published by the Arkansas State Highway Commission. 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. Aggregate base course, Class 7, shall be compacted to 95 percent of modified Proctor (ASTM D1557-78). C. TESTING All testing, gradation, plasticity, modified Proctor standards, and in -place densities of aggregate base course, Class 7, shall be performed by a laboratory acceptable to the Engineer. All costs associated with the required testing shall be borne by the Contractor. The number of tests required shall be one per 500 square feet for parking areas, and one per paved road crossing, to be taken at the locations directed by the Engineer. Any retest or tests performed at the option of the Contractor shall be at the expense of the Contractor and shall not be included in the number of tests specified previously. END OF SECTION I L I I 02222-1 Section 02271 Riprap TECHNICAL SPECIFICATIONS ISTONE RIPRAP AND FILTER FABRIC A. GENERAL The work to be included under this section of the Specifications shall consist of providing I all materials, labor, equipment, tools supplies and incidentals necessary to construct riprap bank stabilization where required as shown on the Plans. There is no separate pay item for stone riprap and filter fabric, and this work shall be considered subsidiary t to the unit price bid for pipe. { B. MATERIALS 1. Riprap. Material for stone riprap shall be from an approved quarry source. The riprap shall be reasonably free from overburden spoil and reasonably well graded between the maximum and minimum rock piece sizes specified. Based on any one hauling unit shipment or delivery, the maximum piece size shall be not greater than 18 inches in any dimension and at least 50 percent of the material by weight shall consist of pieces weighing 35 pounds or more. Dirt or fines passing a 1/2 inch sieve accumulated from quarrying or loading operations shall not exceed five percent of the total weight. 2. Filter Fabric. The filter fabric shall be woven or unwoven synthetic fiber geotextile fabric meeting the requirements of AASHTO M288. The fabric shall be furnished in an appropriate protective cover which will protect it from adverse radiation effects and abrasion due to shipping and handling. IC. EXECUTION The filter fabric shall be placed directly on the prepared surface. Fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric sections may be placed vertically or horizontally on the slope. Adjacent fabric sections shall be joined by overlapped strip with U-shaped wire pins, single shaped steel pins with metal disc heads, or similar fasteners. The fasteners shall be 6 inches or more in length and shall hold the fabric firmly in place. Fasteners shall be inserted through both strips of overlapped fabric at intervals of approximately 4 feet along the overlap. Additional pins shall be installed as necessary to prevent displacement of the fabric. Fabric shall be overlapped in the direction of water flow. The fabric shall be turned down and buried approximately 12 inches at the exterior limits. The filter fabric shall be installed in such a manner that all splice joints are provided with ' a minimum lap in accordance with the manufacturer's recommendations. Care shall be taken during the placement and installation of the material to prevent damage to the fabric. Damaged material shall be repaired by placing a piece of fabric large enough to ■ cover the damaged area and lapping beyond the damaged area by a minimum of 2 feet. 02271-1 Section 02271 1 Riprap The stone riprap shall be placed in such a manner as to produce a reasonably well graded, smooth surfaced mass of rock with the minimum practicable percentage of voids, and shall be constructed to the lines and grades shown on the Plans. Material shall be placed to its full course thickness in one operation and in such a manner as to avoid displacing the underlying material. Placing riprap in layers will not be permitted: The larger stones shall be well distributed and the entire mass of stones shall be roughly graded to conform to the gradation specified. The finished riprap shall be free from objectionable pockets of small stones and clusters of larger stones. Hand -placing to a limited extent may be required but only to the extent necessary to secure the results specified immediately above. Placing riprap by dumping into chutes or by similar methods likely to cause segregation of the various sizes will not be permitted. a Riprap stone shall not be deposited in blanket. Any damage to fabric during Contractor prior to proceeding with the placing a piece of fabric large enough to pinning. a manner that will cause damage to the filter placement of riprap shall be corrected by the �. work. Damaged fabric shall be repaired by cover the damaged area and overlapping and Particular care shall be exercised by the Contractor to restore the area where rock is stockpiled to preconstruction conditions. The area shall be cleaned up and seeded as specified elsewhere in these Specifications. END OF SECTION 1 I 02271-2 .f Section 02486 Pipeline Cleanup/Seeding TECHNICAL SPECIFICATIONS PIPELINE CLEANUP AND SEEDING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, materials, supplies and incidentals necessary for completing cleanup of the entire work area utilized for the construction of pipeline work and for completing successful seeding, fertilizing and mulch of work areas except those areas shown on the Plans not to be seeded. There is no separate pay item for cleanup and this work shall be considered subsidiary to the unit price bid for sewer pipe. Cleanup shall be considered an essential part of this project. Adequate equipment and qualified personnel shall be committed to this phase of the work from the beginning of the project. A portion of the price bid for pipeline may be retained from periodic payment estimates of pipeline lengths for "incomplete work" commensurate with the Engineer's estimate of the cost of completing the cleanup and required successful seeding, fertilizing and mulching. 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 B.4 of this 1 Specification, no special cleanup will be required. B. METHOD OF CLEANUP The method of cleanup for each of the classes defined in paragraph A above shall be as set out below. ■ 1. Class I Cleanup - Lawns, Gardens, Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After the area has been raked and accepted by the Engineer, the area shall be successfully seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). ii 02486-1 Section 02486 Pipeline Cleanup/Seeding Lawn Fescue Blue Grass Rye Grass (Annual) White Clover (Common) During or after seeding is complete, all area fertilizer at the rate of 250 pounds per acre, or 100 square feet. No watering will be required. 30% 30% 30% 10% s shall be covered with 10-20-10 approximately one-half pound per Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover is predominantly sod of Bermuda grass, Zoysia, etc., the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the sewer 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 ground cover of the existing type to complete the cleanup. No seeding or mulching will be required where existing sod is replaced. Fertilizer will be required to be spread at the type and rate specified above. 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 by the Engineer, the area shall be successfully 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. 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 11 I I. I I I 02486-2 .1 Section 02486 Pipeline Cleanup/Seeding I type grass so that an equivalent ground cover will be provided. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded ' areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 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 equal to the existing surface on the better side of the existing adjacent right of way. The area of the trench line shall then be successfully 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 and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 4. Special Cleanup. No special cleanup will be required on this project. 5. All Areas. All work within the construction area shall be cleaned up to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, 1 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. 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 the specific direction of the Engineer, or through failure 02486-3 Section 02486 Pipeline Cleanup/Seeding to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. END OF SECTION 02486-4 Section 02575 Driving Surface Repair TECHNICAL SPECIFICATIONS ' DRIVING SURFACE REPAIR A. GENERAL The work to be included under this section of the Specifications shall consist of providing ' all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces. B. MATERIALS 1. Prime Coat. Prime 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 1996 Edition of the Arkansas State Highway Department Standard Specifications. 2. Asphalt Surface Treatment. The asphalt surface treatment shall consist of the application of two seal coats over the existing driving surface as shown on the Plans. Each seal coat shall be comprised of rapid curing cut -back asphalt applied at the rate of 0.3 gallons/square yard, followed by a layer of Class 5 material aggregate applied at the rate of 35 pounds/square yard. Application equipment and procedures shall be as set forth in Sections 402 and 403 of the 1996 Edition of the Arkansas State Highway Department Standard Specifications. 3. Crushed Stone Base. Crushed stone base shall be in conformity with the • gradation and hardness requirements as set forth under Section 303 of the 1996 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. ' 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 1996, 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. 02575-1 Section 02575 ' Driving Surface Repair Asphalt Pavements. Division 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 217-221 1 Asphalt Surface Treatment, Section 402 221-227 Materials and Equipment for Prime, Tack, and , Asphalt Surface Treatments, Section 403 227-234 D. CONSTRUCTION 1. Pavement Removal. Pipe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with the appropriate Pipe Specification. All pavements which have been removed or damaged shall be repaired in I accordance with these Specifications depending upon the type of pavement - existing prior to construction. �. a. Asphalt Surface Treatment (Chip Seal) Pavement Repair. After the trench has been backfilled, the trench shall be permitted to settle. After this time the permanent repair shall be made as follows. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by an application of double chip seal surface treatment, laid to an elevation matching the existing finished grade. b. Unpaved Driving Surface Repair. After the trench has been backfilled and allowed to settle as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. 2. Barricades, Guards and Safety Provisions. To protect persons from injury and to , avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all necessary safety precautions is the sole responsibility of the Contractor. 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. 02575-2 Section 02575 Driving Surface Repair I The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. 4. Piling Excavated Material for Reuse. All excavated material which is to be reused 1 shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal and Cleanup 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. The existing driving surface shall be swept clean with a power sweeper to remove all excess dirt, debris, etc. left by the pipe -laying operations. IEND OF SECTION I I I I I I I I 02575-3 I Section 02623 I I I I I I I TECHNICAL SPECIFICATIONS POLYETHYLENE ENCASEMENT A. GENERAL Polyethylene Encasement The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. 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. C. LOCATION Polyethylene encasement shall be provided on all ductile iron pipe and fittings. 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. All ductile iron pipe shall have a double thickness of polyethylene encasement installed. Li END OF SECTION 1.1 I I I ' 02623-1 I Section 02647 I I I I Temporary Bypass/Tie End TECHNICAL SPECIFICATIONS TEMPORARY BYPASS AND TIE END 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, maintenance and removal of bypass at the location shown on the Plans. 1 The Contractor is responsible for not allowing spillage or leakage of raw sewage. Any leakage shall be immediately cleaned up and properly disposed of in accordance with Arkansas Department of Pollution Control and Ecology rules and regulations. B. MATERIALS 1. Pte. Polyvinyl chloride (PVC) pipe shall conform to the requirements of AWWA C900 or C905, latest edition, and 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 PVC pipe provided on this project shall be designed to the following pressure class: 18 Inch C905/DR 25 165 psi 2. Buried Plug Valves. Valves shall be mechanical joint and shall be designed and coated for direct burial. Valves 8 inches and larger shall have buried gear actuators and be provided with extension stems, position indicators, cast iron valve boxes and covers. The top of the 2 inch nut and dial indicator shall be positioned 6 inches from the top of the box. All gear operated plug valves shall be installed with the plug horizontal, and with the plug rotating upward toward the valve body. The valve shall be DeZurik or Valmatic Model No. 5914 with 6E12 buried service gear actuator, or equal. ' 3. Sewage Air Release. Air release shall be 2 inch Valmatic Model 48, or Apco Model 400.1, 2 inch x 1/2 inch air release. Accessories shall include a 2 inch isolation ball valve. C. EXECUTION 1. Coordination. The Contractor shall schedule a meeting with the Engineer and the City of Fayetteville one (1) week prior to the date that the temporary bypass is scheduled to be made. 02647-1 Section 02647 , TemporaryBypass/Tie End I 2. Sequence of Installation a. The Contractor shall install gravity pressure sewer from approximately ' Station 2+55 to Station 35+75, including plug valve, air release and fittings as required, provide reaction backing, and hydrostatically test. < , b. Construct temporary gravity pressure sewer bypass from Manhole 0+00 to • Station 2+55 (plus or minus). Make temporary connection to newly-• installed and tested gravity pressure sewer. c. The manhole at Station 0+00 shall be altered by the installation of a 12 inch 90 degree bend connected to the existing 18 inch ductile iron pipe and discharging. through the north wall of the manhole into a 12 inch PVC for temporary bypass. Sewerage flow in the manhole ±200 feet west of Station 0+00 manhole shall be diverted from the 14 inch gravity sewer to the existing parallel 18 inch ductile iron pipe gravity sewer. This can be accomplished by temporarily plugging the 14 inch gravity sewer, which will force flow to rise ±20 inches and flow into the existing 18 inch, then to the temporary bypass installed and maintained by the Contractor. d. Excavate existing 14 inch pipeline, remove and dispose, and install new 1 gravity pressure sewer from Station 0+00 to Station 2+55. Contractor is required to break into the existing manhole at Station 0+00 and install the 18 inch gravity pressure sewer, and then air test. e. Disconnect temporary bypass and make connection at Station 2+55 between new 18 inch PVC sewer lines by use of a sleeve. Remove plug from 14 inch pipe and divert flow back to the 14 inch gravity sewer. f. Contractor shall be responsible for handling all sewer flow during , connections. END OF SECTION , I I 02647-2 Section 02648 Sewer Connection to MH TECHNICAL SPECIFICATIONS SANITARY SEWER PIPE CONNECTIONS TO EXISTING MANHOLES A. GENERAL ' The work to be included under this section of the Specifications describes the connection of new sanitary sewer main to existing manholes. The Contractor shall furnish the labor, materials, equipment, tools, and services required for the installation and connection of the replacement sewer pipe to the existing manhole. • B. MATERIALS 1. Non -Shrink Grout. Grout shall be non -shrink in the plastic state and show no expansion after set as tested in accordance with ASTM C827, and shall develop compressive strength not less than 3,000 psi with a trowelable mix within 24 hours per ASTM C109. The placement time shall be not less than 45 minutes based on initial set per ASTM C191. Test results shall be furnished by the manufacturer land submitted to the Engineer. 2. Flexible Gaskets. Openings for each connecting pipe shall be circular with a compression -type flexible rubber gasket cast integrally into the manhole wall. ' Flexible gaskets shall be manufactured in accordance with rubber joint specification ASTM C443 and shall meet the performance and test requirements of ASTM C425 for compression joints. Flexible gaskets shall be A-Lok, Presswedge, or equal. C. EXECUTION 1. General. The Contractor shall break into the existing manhole with an opening 6 inches minimum greater than the outside diameter of the pipe being connected to the existing manhole. The flexible connection shall be installed and supported at the proper elevation and non -shrink grout shall be placed between the flexible connection and the existing walls of the manhole. Where the grout has achieved ' sufficient strength so that it will not be damaged, the pipe connection shall be • made. After the connection is made, the bench and trough shall be repaired using non -shrink hydraulic cement. 2. Inflow Testing. All rehabilitated manholes and new manholes shall be dyed -water tested. Manholes shall be dye -water tested in the presence of the Engineer. The ' dye test shall consist of applying a concentrated dye solution around the manhole. Concentrate water above trench for new connection. Backfill to less than or equal to 12 inches above the pipe. Dyed water shall be applied for at least 10 minutes. Manholes observed to be actively leaking will have failed the test and will not be acceptable. Manholes failing the test will require additional rehabilitation by the Contractor at no additional compensation. The Contractor shall be responsible for 02648-1 II ' Section 02722 PVC Gravity Pressure Sewer TECHNICAL SPECIFICATIONS POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR GRAVITY PRESSURE SEWER 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 gravity pressure sewer. The work shall I 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) Pipe. PVC pipe shall conform to the requirements of AWWA C900 or C905, latest edition, and 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 PVC pipe provided on this project shall be designed to the following pressure class: 18 Inch C905/DR 25 165 psi 2. Joints for PVC Pine. All joints for 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 1 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. 3. Fittings (Ductile Iron or PVC; Contractor's Option.) a. Ductile Iron Fittings. Ductile iron fittings 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." All fittings shall have a minimum pressure rating of 350 psi and shall be light -weight ' (compact) fittings, unless otherwise shown on the Plans and shall be "Made in U.S.A." I 02722-1 Section 02722 ' PVC Gravity Pressure Sewer All ductile iron fittings shall be lined with a high -build, multi-componentI. Amine -cured Novalac bpoxy lining. The lining system shall be Protecto 401 Ceramic Epoxy as manufactured by Vulcan Painters, Inc. The lining applicator shall have a successful history of applying linings to the interior of ductile iron pipe. b. PVC Fittings. All fittings for C900/C905 pipe shall be made from a PVC compound which meets the requirements of Type 1, Grade 1, polyvinyl chloride as outlined in ASTM D1784. A Type 1, Grade 1 compound is characterized as having the highest requirements for mechanical properties and chemical resistance. This compound has a design stress rating of 4,000 psi at.73 degrees F, as tested by the Plastic Pipe Institute (PPI). , Fittings shall be made of Class 150 material; such material shall conform to the requirements of DR 18. Bells shall be a gasketed joint conforming to ASTM D3139 with gaskets conforming to ASTM F477. Two-piece fittings shall be accepted where functionally equivalent to one-piece fittings and meet the above mentioned requirements. Fabricated fitting bells shall also be made from DR 18 pipe. Fittings shall also be made from NSF & AWWA approved material with a cell classification of 12454B, and meting ASTM D2122. 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." I 5. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable for water piping use at temperatures from 5° 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 have printed instructions for usage and joint assembly. 6. Polyvinyl Chloride Pipe Embedment Material. The Contractor shall furnish embedment material from an Arkansas State Highway and Transportation Department approved source for coarse aggregate for Portland cement concrete. The embedment material shall contain a minimum of 95 percent (by weight) crushed particles. The gradation of the embedment material shall conform to the requirements for "Coarse Aggregate Size Number 67" as specified by the latest revision of ASTM D-448, AASHTO M-4382, or grit material as produced by McClinton -Anchor Company of Fayetteville, Arkansas. (Grit material shailihave , 02722-2 I Section 02722 PVC Gravity Pressure Sewer I I I I I I I I I 9. Tracer Wire. Tracer wire shall be detectable 14 gauge copper wire. Wire shall be traceable by either conductive or inductive methods. maximum particle size of 3/8 inch.) 7. 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. 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. 8. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED GRAVITY PRESSURE SEWER BELOW" printed along the tape in 1-1/4 inch minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. I [_1 I I I C. POLYVINYL CHLORIDE PIPE GRAVITY PRESSURE SEWER 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. 2. Alignment and Grade. The gravity pressure sewer shall be laid and maintained to the required lines and grades with fittings, valves, and other appurtenances, at the required locations. 3. Installing Polyvinyl Chloride Pipe. Pipe 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 02722-3 Section 02722 ' PVC Gravity Pressure Sewer hereinafter set out. 4. Trench Excavation. The trench shall be excavated to at least 6 inches below the grade required to provide a minimum of 36 inches of pipe cover. 5. Polyvinyl Chloride Pipe Embedment. All PVC pipe shall be bedded in pipe 1 embedment 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 embedment 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 embedment shall be subsidiary to the PVC pipe. ' 6. 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. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of ' reaction backing. There is no pay item for concrete for reaction backing. This item shall be considered subsidiary to gravity sewer installation. 7. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 8. Testing of Polyvinyl Chloride Gravity Pressure Sewer. Newly laid gravity pressure sewer shall be hydrostatically tested as specified elsewhere in these Specifications for flushing and testing of gravity pressure sewers. 1 9. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. 10. Tracer Tape. Tracer tape shall be placed 18 inches below the top of the trench during backfilling. Care shall be taken to keep the tracer tape centered above the pipe during backfilling. ' 11. Tracer Wire. Tracer wire shall be placed on top of pipe and secured during backfill. END OF SECTION , I 02722-4 1 I Section 03300 Concrete I I I I Li I TECHNICAL SPECIFICATIONS CONCRETE A. GENERAL All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3,000 psi. Class A concrete shall be used for pouring manholes and other structures, concrete driveway repair, sidewalk, and curb and gutter repair. Class B concrete is defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 2,000 psi. Class B concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix plant by the concrete supplier. Concrete will be supplied by a ready -mix concrete company approved by the Engineer. ' Mix designs must be submitted to the Engineer for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it is batched. Batch tickets must have the batch time written on them. Concrete shall be poured during suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the Engineer. 1 If the concrete meets the above requirements, the cost of the tests will be borne by the Owner. If the concrete does not meet the above requirements, the cost of the tests will be borne by the Contractor. Concrete shall not be poured with a slump of over 5 inches. Concrete shall not be used after it has taken its initial set. I Where shown on the Plans, bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: I1. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement." I 2. ASTM A 617-82a, "Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement." All reinforcing bars shall be Grade 60 as defined in the above referenced standards, unless otherwise shown on the Plans. C END OF SECTION I 03300-1 I RESOLUTION NO. 122-96 A RESOLUTION AWARDING PROJECT BID, NO. FY -260, IN THE AMOUNT OF $171,403, PLUS A TOTAL PROJECT CONTINGENCY OF 10%, IN THE AMOUNT OF $17,000, TO EDWARDS DESIGN & CONSTRUCTION, INC. FOR THE FOX HUNTER ROAD -18" SEWER FORCE MAIN REPLACEMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby awards Project Bid, No. Fy-260, in the amount of $171,403, plus a total project contingency of 10%, in the amount of $17,000, to Edwards Design & Construction, Inc. for the Fox Hunter Road - 18" Sewer Force Main replacement; and authorizes the Mayor and City Clerk to execute a contract for said amounts. A copy of the contract and bid tabulation are attached hereto and made a part hereof. PASSED AND APPROVED this 3rd day of December , 1996. APPROVED• el' a. By. Fr Hanna, Mayor J ATTEST: By: (d: QLU Traci Paul, City Clerk