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92-96 RESOLUTION
. City of Fayetteville, Arkansas Budget Adjustment Form • EXHIBIT B Budget Year Department: Public Works 1996 Division: Program: Date Requested 07/17/96 Adjustment # Project or Item Requested: Additional funding is requested for the Wedington Road Water/Sewer Relocation project. Project or Item Deleted: Funding for this request is from the 6th Street 24" Water Line Project. Justification of this Increase: The additional funds requested will provide a funding for a project contingency. Justification of this Decrease: The 6th Street 24" Water Line project is complete and the remaining project budget is not required. Increase Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95040 Decrease Account Name Amount Account Number Project Number Water Line Improvements 15,634 5400 5600 5808 00 95036 Approval Signatures _Ate 7 /-16 Requested B Admin„BErvices Ma C:\APP\96BUD\WEDWLBA. WK 1 O- 0- `6 I00rfilt Ilifrpn 104_ Budget Office Use Only Type: A B C D © F • Date of Approval Posted to General Ledger Entered in Category Log Budget Office Copy 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 1 • • PROJECT MANUAL ISSUED FOR CONSTRUCTION MICROFILMED . EXHIBIT A t:ENGINEERING- CITY OF FAYETTEVILLE WEDINGTON DRIVE - HWY 112 SPUR WATER AND SEWER RELOCATIONS FAYETTEVILLE, ARKANSAS CONTRACT 96-41 CEI Project #10963.0 August1996 CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 FAX (501) 273-0844 1 1 1 1- 1 1� 1 1-. 1, 1 1 1 1 i 1 1 1 1 1 • • • PROJECT MANUAL ISSUED FOR CONSTRUCTION :ENGINEERING- CITY OF FAYETTEVILLE WEDINGTON DRIVE - HWY 112 SPUR WATER AND SEWER RELOCATIONS FAYETTEVILLE, ARKANSAS CONTRACT 96-41 CEI Project #10963.0 August1996 CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 FAX (501) 273-0844 Section No. Title 00005 • • • City of Fayetteville Highway 112 Spur (Wedington Drive) Water and Sewer Relocations Section 00005 TABLE OF CONTENTS Table of Contents CONTRACT FORMS AND CONDITIONS 00500 Agreement Form Between Owner and Contractor 00700 General Conditions 00800 Supplementary Conditions 00801 Prevailing Wage Rate Determination SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01025 Measurement and Payment 01027 Applications for Payment 01035 Modification Procedure 01040 Coordination and Meetings 01051 Construction Surveys 01060 Regulatory Requirements 01090 Reference Standards and Abbreviations 01300 Submittals 01410 Testing Laboratory Services 01500 Construction Facilities and Temporary Controls 01501 Special Property Requirements 01620 Storage and Protection 01630 Product Options and Substitutions 01700 Contract Closeout Division 2 - Site Work 02050 02100 02161 Demolition Site Preparation Excavation Safety CEI Project 10963 • Pages 08/06/96 00005-1 to 00005-2 00500-1 to 00500-9 1 to 42 00800-1 to 00800-15 00801-1 01010-1 01025-1 01027-1 01035-1 01040-1 01051-1 01060-1 01090-1 01300-1 01410-1 01500-1 01501-1 01620-1 01630-1 01700-1 to 01010-4 to 01025-12 to 01027-3 to 01035-4 to 01040-4 to 01051-2 to 01060-3 to 01090-4 to 01300-4 to 01410-3 to 01500-5 to 01620-2 to 01630-2 to 01700-6 02050-1 to 02050-3 02101-1 to 02101-3 02161-1 Page 00005-1 • • • • • • 02221 Trenching, Backfilling and Compacting 02261 Site Restoration 02600 Pipelaying 02601 Cast -in -Place Manholes 02602 Pre -Cast Manholes 02615 Iron Pipe and Fittings 02616 Polyethylene Encasement 02622 Plastic Pipe and Fittings 02641 Valves 02644 Fire Hydrants 02666 Potable Water Services 02675 Water System Maintenance of Service and Disinfection 02722 Sanitary Sewage Systems Division 3 - Concrete 03316 Miscellaneous Concrete Work CEI Project 10963 02221-1 02261-1 02600-1 02601-1 02602-1 02615-1 02616-1 02622-1 02641-1 02644-1 02666-1 02675-1 02722-1 08/06/96 to 02221-5 to 02261-6 to 02600-3 to 02601-2 to 02602-3 to 02615-5 to 02616-2 to 026224 to 02641-6 to 02644-3 to 02666-3 to 02675-4 to 027224 03316-1 to 03316-6 Page 00005-2 • • • AGREEMENT BETWEEN OWNER AND CONTRACTOR for WEDU'4GTON DRIVE WATER AND SEWER RELOCATION 07/16/96 THIS AGREEMENT is dated as of the .6 4-h day of acousf in the year 1996 by and between the City of Fayetteville (hereinafter called OWNER) and (hereinafter called CONTRACTOR). EDWARDS DESIGN & CONSTRUCTION, INC. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. Article 2. ENGINEER. The Project has been designed by CEI Engineering Associates, Inc. 110 West Central Bentonville, Arkansas 72712 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 TIME. 3.1 The Work will be substantially completed within 120 calendar days after the date when the Contract Time commences 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 CEI Project 10963 00500-1 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • • 07/16/96 of the General Conditions within 150 calendar days after the date when the Contract Time commences 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 CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two hundred dollars ($200.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred dollars ($ 200.00 ) 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 equal to the sum of the amounts determined from the following Schedule of Values pursuant to paragraphs 4.1 and 4.2 below: 4.1 for all Work other than Unit Price Work, an amount equal to the sum of the established lump sums for each separately identified item of Lump Sum Work; and 4.2 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 that item as indicated in this paragraph 4.2. SCHEDULE OF CONTRACT PAY ITEMS CEI Project 10963 00500-2 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 1 24 -inch Ductile Iron Pipe LF 4470 $72.00 $321,840.00 2 16 -inch Ductile Iron Pipe LF 11 53.00 583.00 3 I2 -inch Water Main LF 1280 31.50 40,320.00 4 8 -inch Water Main LF 6450 19.25 124,162.50 CEI Project 10963 00500-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 07/16/96 CEI Project 10963 00500-3 5 6 -inch Water Main LF 480 $15.00 $7,200.00 6 4 -inch Water Main LF 20 9.00 180.00 7 2 -inch Water Main LF 110 6.00 660.00 8 Ductile -Iron Finings Lbs 53150 3.50 186,025.00 9 24 -inch Butterfly Valve Ea 10 6800.00 68,000.00 10 12 -inch Butterfly Valve Ea 3 2750.00 8,250.00 11 8 -inch Gate Valve EA 13 625.00 8,125.00 12 6 -inch Gate Valve EA 6 575.00 3,450.00 13 4 -inch Gate Valve EA 1 350.00 350.00 14 2 -inch Gate Valve EA 1 275.00 275.00 15 3 -inch AirNacuum Valve EA 3 3280.00 9,840.00 16 2 -inch Air/Vacuum Valve EA 2 2600.00 5,200.00 17 1 -inch Air/Vacuum Valve EA 1 2100.00 2,100.00 18 24x20 -inch Tapping Sleeve & Valve EA 1 16900.00 16,900.00 19 24x8 -inch Tapping Sleeve & Valve EA 2 2450.00 4,900.00 20 16x16 -inch Tapping Sleeve & Valve EA 1 13750.00 13,750.00 21 12x10 -inch Tapping Sleeve & Valve EA 2 2300.00 4,600.00 22 12x6 -inch Tapping Sleeve & Valve EA 1 1700.00 1,700.00 23 8x8 -inch Tapping Sleeve & Valve EA 3 1400.00 4,200.00 24 6x6 -inch Tapping Sleeve & Valve EA 2 1300.00 2,600.00 25 Fire Hydrant Assembly EA 21 1600.00 33,600.00 26 24 -inch Steel Casing LF 220 50.00 11,000.00 27 16 -inch Steel Casing LF 152 40.00 6,080.00 28 Split Steel Casing on Existing 24- inch Water Line LF 110 95.00 10,450.00 29 3/4 -inch Water Service LF 700 5.00 3,500.00 30 1 -inch Water Service LF 100 5.75 575.00 31 Single Meter Sets EA 60 300.00 18,000.00 32 Double Meter Sets EA 8 275.00 2,200.00 CEI Project 10963 00500-3 r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • i fal 07/16/96 CEI Project 10963 00500-4 33 Cut & Cap Existing 16 -inch Water Line EA 2 $450.00 $900.00 34 Cut & Cap Existing 12 -inch Water Line EA 2 200.00 400.00 35 Cut & Cap Existing 8 -inch Water Line EA 10 100.00 1,000.00 36 Cut & Cap Existing 6 -inch Water Line EA 5 100.00 500.00 37 Cut & Cap Existing 4 -inch & Smaller Water Line EA 8 75.00 600.00 38 12 -inch PVC Sewer 0-6 ft Deep LF 56 25.00 1,400.00 39 8 -inch PVC Sewer 0-6 ft Deep LF 370 14.00 5,180.00 40 8 -inch PVC Sewer 6-8 ft Deep LF 635 14.00 8,890.00 41 8 -inch PVC Sewer 8-10 ft Deep LF 780 15.00 11,700.00 42 8 -inch PVC Sewer more than 10 ft Deep LF 205 16.00 3,280.00 43 4 ft Manholes 0-6 ft Deep EA 16 1150.00 18,400.00 44 4 ft Manholes Extra Depth VF 45 125.00 5,625.00 45 Drop Manhole VF 17 120.00 2,040.00 46 Remove Manhole EA 11 650.00 7,150.00 47 4 -inch PVC Sewer Service Line LF 300 5.00 1,500.00 48 8x4 -inch Sewer Service Wyes EA 10 100.00 1,000.00 49 Extend 30 -inch Casing LF 20 100.00 2,000.00 50 Asphalt Street of Drive Cut/Repair LF 700 10.00 7,000.00 51 Concrete Street or Drive Cut/Repair LF 300 20.00 6,000.00 52 Grave Drive Repair LF 400 5.00 2,000.00 53 Connect Existing Sanitary Services EA 7 250.00 1,750.00 54 Connect to Existing Sanitary Sewers EA 4 200.00 800.00 55 Remove Existing Water Meters EA 73 • 75.00 5,475.00 56 Remove Existing Valve Boxes EA 21 50.00 1,050.00 57 Remove Existing Fire Hydrants EA 7 750.00 5,250.00 58 Reconnect Existing Water Services EA 70 100.00 7,000.00 CEI Project 10963 00500-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • 07/31/96 TOTAL BASE BID $ 1,091,455.50 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications 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 or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.2., 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. For all pipe and appurtenances properly laid in the trench, restrained, backfilled, and compacted, 70 percent of the bid price; 5.1.2. For all sections of the pipeline and appurtenances where topsoil has been replaced and cleanup is essentially completed, without interruption, from the beginning point of pipeline construction, excepting fence, seeding, and sod, an additional 10 percent of the bid price; 5.1.3. For all sections of pipeline and appurtenances that have passed specified pressure, vacuum, and leakage tests, and which have been successfully sterilized as specified, an additional 10 percent of the bid price; 5.1.4. For all sections of pipeline and appurtenances where the final cleanup, with final fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additional and final 10 percent of the bid price; except that: CEI Project 10963 00500-5 59 Transition Couplings EA 4 $50.00 $200.00 60 Concrete Encasement LF 750 25.00 18,750.00 61 Clear & Grub Pipeline Route LF 500 3.00 1,500.00 62 Excavation Safety LS 1 42500 00 42,500.00 TOTAL BASE BID $ 1,091,455.50 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classifications 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 or as modified in the Supplementary Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 1st day of each month during construction as provided in paragraphs 5.1.1., 5.1.2., 5.1.3., and 5.1.4. below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions and based on the number of units completed in the case of Unit Price Work or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. For all pipe and appurtenances properly laid in the trench, restrained, backfilled, and compacted, 70 percent of the bid price; 5.1.2. For all sections of the pipeline and appurtenances where topsoil has been replaced and cleanup is essentially completed, without interruption, from the beginning point of pipeline construction, excepting fence, seeding, and sod, an additional 10 percent of the bid price; 5.1.3. For all sections of pipeline and appurtenances that have passed specified pressure, vacuum, and leakage tests, and which have been successfully sterilized as specified, an additional 10 percent of the bid price; 5.1.4. For all sections of pipeline and appurtenances where the final cleanup, with final fence repair, seeding, mulching, sod, and restoration of surfaces are completed, an additional and final 10 percent of the bid price; except that: CEI Project 10963 00500-5 1•• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07/16/96 5.1.5. Owner may withhold such amounts determined by ENGINEER, in accordance with paragraph 14.7 of the General Conditions. 5.2. Retainage. No retainage will be withheld for 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. 5.3. 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 Article 7) and the other related data identified in the Bidding Documents including "technical data." 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 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 (surface, subsurface, and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not CEI Project 10963 00500-6 07/16/96 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 7.2 7.3 7.4 7.5 7.6 7.7 7.8 Addenda numbers 1 to 2, inclusive, which are incorporated into the body of the other contract documents. 7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 21, inclusive with each sheet bearing the following general title: This Agreement (pages 1 to 9, inclusive). Performance and Payment Bonds, (Exhibits A and B respectively). Certificate of Insurance, (Exhibit C). Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D). General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 2, inclusive). Supplementary Conditions (pages 1 to 15 inclusive). Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. Wedington Drive Water and Sewer Relocation CEI Project 10963 00500-7 07/16/96 7.10 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: 7.10.1 Notice to Proceed 7.10.2 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 m 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 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. CEI Project 10963 00500-8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 07/16/96 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in quadruplicate. One counterpart each has been delivered to OWNER and ENGINEER, and two counterparts have been delivered to CONTRACTOR. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement). Al ]Cr. (a , 1996 (which is the Effective Date of the OWNER: C)tv of Fayetteville CONTRACTOR: Edwards Design and Construction By: Attest [CORPORATE SEAL] Address for giving notices 4 a Greg Ed 1s - President , mi [CORPORATE SEAL] -;;` • ••,:lt: Attest r AOCU-LW Eriu nido Address for giving notices P. O. Box 1549 Springdale, AR 72765 (If OWNER is a public body, attach evidence License No. 0044240397 of authority to sign and resolution or other documents authorizing execution of Agreement.) Agent for service of process: execution of Agreement.. A. .. W A,1 44, (If CONTRACTOR is a corporation, attach evidence of authority to sign) CEI Project 10963 00500-9 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A317 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that EDWARDS DESIGN & CONSTRUCTION, INC. (Mere insert full name and address or legal tide of Contractor) P. 0. Box 1549, Springdale, Arkansas 72765 as Principal, hereinafter called Contractor, and, EMPLOYERS MUTUAL CASUALTY COMPANY P. 0. Box 712, Des Moines, Iowa 50303-0712 (Here insert lull name and address or legal tide of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF FAYEITEVILLE, ARKANSAS (Here insert lull name and address or legal tale of Owner) 113 West Mountain, Fayetteville, Arkansas 72701 as Obligee, hereinafter called Owner, in the amount of One Million Ninety -One Thousand Four Hundred Fifty -Five and 50/100 *J. J. .. .. .. •. :. ,. .. .• ,.•,: Dollars ($ 1,091,455.50 -• •• for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for (Here insert lull name. address and description of project) Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. in accordance with Drawings and Specifications prepared by CEI ENGINEERING ASSOCIATES INC. Inert insert lull name and address or legal title of Architec❑ 110 West Central, Bentonville, Arkansas 72712 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BONO ANO LABOR AND .MATFRIAL PAYMENT BOND • AIA I EBRUARY 1970 ED. • THE AMFRICAN INSTITUTE OF ARCHITECTS, lrli N Y. AVE.. .N.W.. WASHINGTON. D. C. 20006 WARNING: Unlicensed photocopying violates U.S. oopydght laws and Is subject to legal prosecution. 1 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 11 Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this 7 +F' (Wilnecrl 'NI yi (W; tue. >) defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less _ the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (21 years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. day of ntiu57 EDWARDS DE N & CONSTRUCTION, INC. 19 q PiefitrIfrit (Pr:n cq uI (Seal l ride) TY COMPANY (cureq) enson A. Cashion Attorney -in -Fact Tide) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANO MATERIAL PAYMENT BONO • AIA C'D rERRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 'Ne RNING: Unlicensed nhotoconvinn vinlatev I I.S nnrrydnht laws and le; gnhiec• lar,l nrn<er.'t r" 2 THE FACE OF TH1S DbCUMENT HAS A COLORED BACKGROUND ON WHITE'PAPER • BACK OF HI$`DOCUMENT HAS A SIMULATED WATERMARK- HOED AT AN ANDLETO VIEW. EMC Insurance Companies P.O. Box 712 • Des Moines, Iowa 50303 No 25;9328„ CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that 1. Employers Mutual Casualty Company, an Iowa Corporation 2:. Emcasco Insurance Company,,an Iowa Corporation 3A Union Inaurance Companyafprovidence, a Rhode Island Company - 4. Illinois Emcasco Insurance Company, an Illinois Corporation 5. Dakota Fire Insurance Company, a:North Dakota Corporation ?x 6. American Liberty Insurance Company, an Alabama'Corporatron ,hereinafter referred to severally.as:"Company" and collectively as 'Companies”; each does, by these presents. make, constitute and appoints • -• - KNIGHT CASHION:`-BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR. ,CARLA SUE T-TOLLIS, WILLIAM R ---- PLECGF, INDIVIDUALLY, LITTLE ROCK, 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: Ilk :AN'A/CUls7 . NOT. EXCEEDING TEs4 LvIILLION DOLLARS (S10,000,000.00) and•to,bind•eabh Company thereby a& fully and to the same extent as if such instruments were signed by the duly authorized officers of each -such Company;,and alfof: the acts of saidittomey 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 PoweraoVVAttomey 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?reasurer and the Secretary of Employers Mutual;Casualty Compar y sha8: havepower and`authorityto (1)'appoint attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seaFof the Company theretq'bohds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) to remove any such attomey-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-attomey 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 ail 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-ofattomeyof the Company, shall be raid and binding upon the Company with the same force and affect as though manually affixed: y IN WITNESS WHEREOF, The Companies have caused these presents to be signed for each by their officers as shown, and the Corporateseals'to be hereto aftxed this `%19th daybr February 19 96. • �SBruce G. Kelley, C airmanPhilipren,enioVicePresident of Companies 4 &6; Presiddrft of of Companies,3 & 5 Companies 1 & 2 Seals s• to INS(/ FRP 44 4.P004 CA; SEAL' 2 ▪ ,•, +ttttt' �P�Y,INS�Hq & ▪ pion ▪ 2 o a ▪ r 1953 �=i: ▪ O FC e- ' , �e �4':4 PPOR0 ., t •i ." 0.on41•: O'. SEAL z t• za SEAL s. 6 r0WP.•, RBI ov,c,I ySaU, U,, y; -15, 00R4 SEAL �f • , •OiPE S,-�� RUTA KRUMINS MY COMMISSION EXPIRES SEPTEMBER 30, 1997 cso .oaf:' onald L. Coughennower Assistant Secretary On this 19t10ay of February AD 1995 before mei Notary Public and for Polk County, Iowa, personally appeared Bruce GYKelley, Phihp'T. Van Ekeren[ and Donald L. Co ghennower, 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. Notary Public CERTIFICATE I, David L. Hixenbaugh f 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 on behalf of knight Cashion, Benson A. Cashion,; Matthew Knight Cashion, Jr.,' Carla ,Sue Holl .i s --- are.trt4e and coned and are s'ilfin fulfforce and effect. Wi.11ian R. 'Plegge :In TestimonyWhereof I have subscribed my name and affixed the facsimile sea�-I( of each Company this day of Fo'm7832ri1/95) '.For verification of the authenticity, of the Power•of,'Atteirrle oo.ma :calh(515:2802689x7:'. Vice -President THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Labor and Material Payment Bond THIS BOND I5 ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that EDWARDS DESIGN & CONSTRUCTION, INC. (Here insert full name and address or legal tide of Contractor) P. 0. Box 1549, Springdale, Arkansas 72765 as Principal, hereinafter called Principal, and, EMPLOYERS MUTUAL CASUALTY COMPANY !Here insert full name and address or legal tide of Suretyl P. 0. Box 712, Des Moines, Iowa 50303-0712 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF' FAYETTEVILLE, ARKANSAS (Here insert full name and address or legal Idle of Owner] 113 West Mountain, Fayetteville, Arkansas, 72701 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Million Ninety -One Thousand Four Hundred Fifty -Five and 50/100 "• 'r ;r "r (Here insert a sum equal to at least one.hair of the contract price] Dollars ($1,091,455.50 * %), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated 19 , entered into a contract with Owner for (Here insert full name, address and description of project) Construction and installation of approximately 12,700 linear feet of new water lines and approximately 2,050 linear feet of new sanitary sewer interceptor lines and abandonment of existing water and sewer lines. in accordance with Drawings and Specifications prepared by CEI ENGINEERING ASSOCIATES, INC. I Here insert full name and address or legal title of Architect) 110 West Central, Bentonville, Arkansas 72712 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR ANO MATERIAL PAYMENT BONO • A!A OO FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 N.V. AVE.. N.W. WASHINGTON, D. C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and Is subject to legal prosecution. 3 • LABOR AND MATERIAL PAYMENT BOND • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined. for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract. labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. • 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this '%tl' accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place svhere an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction in and (dr the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond. day of Aug uSr U (Witntss) C (Wdnrs EDWARDS 1 IGN & CONSTRUCTION INC. (Principal) 19 *1 ISeall EMP By: PrixS (Tide) -0 •y S b AT.x..1 t 4 TY COMPANY (Su mly) so A. Cashion Attorney -in -Fact !Seal, (Title) AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA O FEBRUARY 1970 ED. • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 WARNING: Unn-=-snd, nhntncnnvinn •dnI,.eq 11 c.....- 4 • THE FACE OF PHIS DOCUMENh1AS A COLORED BACKGROUND ON WHITE PAPER ; BACK OF THIS:DOCUMENT.HAS A SIMULATED WATERMARK- HOLD AT AN ANGLE TO VIEW.. EMC Insurance Companiesf.l • o.` 259329` 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 Corporatio• n • 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. iAmerican Liberty Insurance Company, an Alabama Corporation . hefeiiiafter refened to severallyas "Company and collectively as."Companies',�each does, by these presents, make, constitute andappoint Sr KNIGHT CASHIONeE•SISON A. CASHION, MATTHEW MIGHT CASIIION, JR. ,CARLA SUE HOLLIS, FIIISIAt1 R.=--- PT,F1 F, INDIVIDUALLY, LITTLE 103<, ARKANSAS its true and lawful attomey-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: IN AN Amciumril r, ExthEDING TEN iIr.rION DOLLARS ($SO 000.00O oO) • and tobind each Company therebyasfuly 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 attomey pursuant td 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 ismade'and':executed pursuant to and by the authority.of the following resolution of the Boards of Directors of each,.pf the` Conipanies'af'the;; second regularly sd,eduled 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 MutuatCasualy Company shall, have power and authority to (1)'*point attorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal -of the Company theretOibonds 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-attomey 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-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall by fully and in all respects "binding upon this company..Tlie' facsimile or mechanically reproduced signature of such -officer, whether made heretofore or lrereafter;wherever`appearing upon a 'icertified_copy of any power-of-attomey,.of the Company, shall be valid and binding upon the Companywith the same force and affect as though: manually affixed IN WITNESS WHEREOF„ TheCompanies have caused these presents to be signed for each by theirofficers as shown, and the Corporate seals toite.lieretociefTecied this;; 19th day of February 19 96 . Seals nU�i7 �c�c"u�- Bruce G. Kelley, C airman Philip k ren,Senie Vice President of Companies 4 & 6; Presid t of of Companies,3 & 5 Companies 1 & 2 %.`l' 0`...0 IN$09 '.,. ,,ovo,4l n ` : 1953 e�b"^• :" ,,, and for Polk County, Iowa; personally appeared Bruce G. Kelley, Philip -T. Van- Ekeren, and " ,`.;'.;. •" Donald L. Coughennower, who being by me duly swom, did say that they are, and are known to me to be the Chairman, President, Senior Vice President, and Assistant Secretary, °sou; uiu c, -., respectively, of each of The Companies above: that the seals affixed to this instrument are the ,e;; ,en,, ^ sc seals of said corporations; that said instrument was signed and sealed on behalf of each of g - The Companies by authority of their respective Boards of Directors; and that the said Bruce G. W SEAL o Kelley, Philip T. Van Ekeren, and Donald L. Coughennower acknowledge the execution,cf said +• ,°fs•...,,,,. ��P,, instrument to be the voluntary act and deed of each of The Companies "'•.,,,'OM,,,,,' My Commission Expires September 30, 1997. onald:L: Coughen Assistant Secretary . Ori this E-9 fay of .. . February AD 19 96 before•me a Notary Public irr: ✓S•: F %RUTH KRUMINS MY COMMISSION EXPIRES SEPTEMBER 30, 1991 Notary Public CERTIFICATE I, David L Hixenbaugh of the Employers Mutual Casualty Company, do hereby certify that the foregoing resolution of the Boards of Directors by each of The Companies, and this Power of Attomey issued pursuant thereto on February 19, 1996 on behalfof:Knight:Cashion, Benson A. Cashion,, Matthew Knight Cashion, Jr. ,.,Caria'Sue•Ho11iLs, , are true and correct and are still:;in fiil(force and effect. KTi1) tan R. Plegge - • In Testimony Whereof 1 hale subscribed my name and affixed the facsimile seal of each Company this day of FWD./83201M) - "For verification of the authentic' of the Power 'of-Attorrne ou rna call 515 .2$O-2689. Vice -President CORD- CERTIFICATE OF LIABILITY INSURANCE A EDWPR 1 07/26/96 ODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE alker Bros. Insurance, Inc* HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR lom .0. Drawer J ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. pringdale AR 72765-2045 COMPANIES AFFORDING COVERAGE drian Luttrell COMPANY No. 501-751-4677 Fax No. A Transcontinental Ins. Co. NSURED COMPANY B Continental Casualty Co. COMPANY Joe Edwards Revocable Trust dba Edwards Properties, etal C P. 0. Box 517 Springdale AR 72765 COMPANY D OVERAGES'.; ... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POUCYEFFECTIVE DATE (MM/DD/YYI POUCY EXPIRATION DATE (MM/DO/YYI LIMITS GENERAL LIABILITY GENERAL AGGREGATE 5 2000000 X PRODUCTS-COMP/OPAGG 52000000 A COMMERCIAL GENERAL LIABILITY C123675103 09/01/95 09/01/96 CLAIMS MADE ® OCCUR PERSONAL & ADV INJURY S 1000000 OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE 6 1000000 FIRE DAMAGE IAny om fire) S 50000 MED EXP (Anyone person) S 5000 A AVTOMOBILE UABIUTV ANY AUTO C200619243 09/01/95 09/01/96 COMBINED SINGLE LIMIT 61000000 X BODILY INJURY (Per person) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per eccMent) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ GARAGE UABIUTY AUTO ONLY - EA ACCIDENT 6 OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE S 3000000 AGGREGATE 63000000 B X UMBRELLA FORM C000619244 09/01/95 09/01/96 OTHER THAN UMBRELLA FORM 6 WORKERS COMPENSATION AND ST OC LIMITS TORY 0TH-';- --' - - EL EACH ACCIDENT S 100000 E11PLOYERSLIABILITY EL DISEASE -POLICY LIMIT 6500000 • THEPROPRIETOR/ r I INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL Wc100B67B11 09/01/95 09/01/96 EL DISEASE - EA EMPLOYEE $ 100000 OTHER OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS JEESCRIPTION ee Attached List of Named Insureds ERTIFICATE HOLDER CANCELLATION CITYFA1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL • City of Fayetteville 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Att: Sid A)rbash "14' BUT FAILURE TO MAIL SUCH NOTICESHALL IMPOSE NO OBUGAION OR LIABILITY 113 W. Mountain St. Fayetteville AR 72701 OF ANY D PONTHE COMPANY. ITS AGENTS OR REPRESENTATVFS. AUTHORIR ERTATIVE Adri utttl -- - -- - CORD 25I11951 _„ _ -- OACORD CORPORATION INS ._ Food SNI 0218 ?13XIU'I PT:80 966T -6E -111f ?0'd 1tl101 iLCEnvLEo ti J U L 29 1996 SNDUSTFfIAL SPACE CENTER, INC. EDWARD DESIGN & CONSTRUCTION, INC. EDWARD1 PROPERTIES (JOE & JANICE EDWARDS, PARTNERSHIP) JOE & ANICE, INDIVIDUALS EDWARDS FAMILY ANNUAL GIFT TRUST GREGORi J. & CHRIS W. EDWARDS TRUST & JOE E. EDWARDS, TRUSTEE JOE EDWARDS REVOCABLE TRUST n This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. I Li I I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee Issued and Published Jointly By ACEC PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL I AMERICAN SOCIETY OF CIVIL ENGINEERS I I n This document has been approved and endorsed by u,..,4 The Associated General Contractors of America .nn` These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used. EJCDC No. 1910-8 (1990 Edition) Reprinted 2/95 f r l 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 I TABLE OF CONTENTS OF GENERAL CONDITIONS ' Article or Paragraph Page Article or Paragraph Page Number & Title & Ti e Number Number de Number I. DEFINITIONS ...................................13 2.5-2.7 Before Starting Construction: 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to ' 1.2 Agreement ........................... 13 Report: Preliminary Schedules; 1.3 Application for Payment 13 Delivery of Certificates of 1.4 Asbestos .............................13 Insurance .......................... IS 1.5 Bid ................................... 13 2.8 Preconstruction Conference ...........IS '• 1.6 Bidding Documents ................... 13 2.9 Initially Acceptable Schedules ......... 16 1.7 Bidding Requirements ................ 13 1.8 Bonds ................................ 13 3. CONTRACT DOCUMENTS: INTENT, 1.9 Change Order ........................ 13 AMENDING. REUSE ............................16 ' 1.10 Contract Documents .................. 13 3.1-3.2 Intent ................................ 16 1.11 Contract }rice 13 3.3 Reference to Standards and 1.12 Contract Times ....................... 13 Specifications of Technical Societies: 13 Reporting and Resolv....... ng ' 1.13 CONTRACTOR .. . Discrepancies 16 1.14 defective 13 3.4 Intent of Certain Terms or Adjectives 17 1.15 Drawings .............................13 .. 1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents nts ... 17 ' 1.17 ENGINEER ..........................13 3.6 Supplementing Contract Documents ... 17 1.18 ENGINEER's Consultant ............. 13 3.7 Reuse of Documents .. 17 1.19 Field Order ........................... 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND ' 1.20 General Requirements 14 PHYSICALCONDITIONS;REFERENCEPOINTS. 17 1.21 Hazardous Waste .....................14 4.1 Availability of Lands .................. 17 1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17 Regulations ........................ 14 4.2.1 Reports and Drawings ................ 17 1.23 Liens ................................. 14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone ............................. 14 • Authorized: Technical Data .........IS 1.25 Notice of Award ...................... 14 4.2.3 Notice of Differing Subsurface or 1.26 Notice to Proceed .................... 14 Physical Conditions ................. 18 ' 1.27 OWNER ............................. 14 4.2.4 ENGINEER's Review ................ 18 1.28 Partial Utilization ..................... 14 4.2.5 Possible Contract Documents Change . 1$ 1.29 PCBs ................................. 14 4.2.6 Possible Price and Times Adjustments . 18 ' 130 Petroleum ....... . .. .......... . . . ... 14 4.3 Physical Conditions —Underground 1.31 Project . . 14 Facilities 18 • 1.32 Radioactive Material ....... ......... 14 4.3.1 Shown or Indicated 1.33 Resident Project Representative ....... 14 19 1.34 Samples .............................. 14 4.3.2 Not Shown Indicated .............. 19 rence' 1.35 Shop Drawings ....................... 14 4.4 AsePoints sPetroleum. l um. Hazardous 19 4.5 Asbestos, PCBs, Petroleum. Hazardous 1.36 Specifications ......................... 14 Waste or Radioactive Material ...... 19 1.37 Subcontractor ........................ 14 ' 1.38 Substantial Completion ............... 14 5. BONDS AND INSURANCE ..................... 20 1.39 Supplementary Conditions 14 5.1-5.2 Performance, Payment and Other Bonds . 20 1.40 Supplier .............................. 14 1.41 Underground Facilities ................ 14 5.3 Licensed Sureties and Insurers; ' 1.42 Unit Price Work ....... ............... 14 TACT R'sf Liability bnce I Insurance e . 20 1.43 Work .................................15 5.4 CONTRACTOR's Insurance 20 1.44 Work Change Directive 15 5.5 OWNER's Liability Insurance .. 21 g """"' 5.6 Property Insurance ................... 21 I1.45 Written Amendment ..................IS 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS .. ............ 15 Property Insurance ................. 21 2.1 Delivery of Bonds .................... 15 5.8 Notice of Cancellation Provisions ..... 21 2.2 Copies of Documents ................. 15 5.9 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 Notice to Proceed .................. 15 5.10 Other Special Insurance ............... 22 2.4 Starting the Work ..................... 15 5.11 Waiver of Rights ...................... 22 Article or Paragraph - Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 22 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 22 5.15 Partial Utilization --Property Insurance .......................... 23 6. CONTRACTOR'S RESPONSIBILITIES .......... 6.1-6.2 Supervision and Superintendence ...... 6.3-6.5 Labor, Materials and Equipment ...... 6.6 - Progress Schedule ....:............... 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation .......... 6.8-6.11 Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 6.12 Patent Fees and Royalties ............. 6.13 Permits ............................... 6.14 Laws and Regulations ................ 6.15 Taxes ................................ 6.16 Use of Premises . ..................... 6.17 Site Cleanliness ....................... 6.18 Safe Structural Loading ............... 6.19 Record Documents ................... 6.20 - Safety and Protection ................. 6.21 Safety Representative ................. 6.22 Hazard Communication Programs ..... 6.23 •:Emergencies .......................... 6.24 Shop Drawings and Samples .......... 6.25 Submittal Procedures; . • CONTRACTOR'S Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents ................ 6.28 Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals .............. 6.29 Continuing the Work .................. 6.30 CONTRACTOR's General Warranty and Guarantee ............ 6.31-6.33 Indemnification ....................... 6.34 Survival of Obligations ................ 23 23 23 23 23 24 25 25 25 25 26 26 26 26 26 .26 27 27 27 Article or Paragraph - Page Number & Title Number 8.6 Change Orders ......................• 29 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services ........ 8.9 - Limitations on OWNER's Responsibilities .......... ........... 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 8.11 Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 9.1 OWNER's Representative ............ 9.2 Visits to Site .......................... 9.3 Project Representative ................ 9.4 Clarifications and Interpretations ...... 9.5 Authorized Variations in Work ........ 9.6 Rejecting Defective Work ............. 9.7-9.9 Shop Drawings, Change Orders add . Payments .......................... 9.10 Determinations -for Unit Prices ........ 9.11-9.12 Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ............. 10.3 Work Not Required by Contract Documents ......................... 10.4 Change Orders 10.5 Notification of Surety ................ 27 I1. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price; Claim for Adjustment; 27 Value of the Work .................. 11.4 - Cost of the Work ..................... 27 11.5 Exclusions to Cost of the Work ....... 11.6 CONTRACTOR's Fee ................ 11.7 Cost Records ......................... 27 r 11.8 Cash Allowances ..................... 28 11.9 Unit Price Work ...................... 28 28 28 7. OTHER WORK..................................29 7.1-7.3Related Work at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES .................29 8.1 • Communications to Contractor ........ . 29 8.2 Replacement of ENGINEER ..........29 8.3 Furnish Data and Pay Promptly When Due................................19. 8.4 Lands and Easements: Reports and Tests .......... 8.5 Insurance ............................. 29 12. CHANGE OF CONTRACT TIMES .............. 12.1 Claim for Adjustment ................. 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR's Control ............................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .......... 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......................................... 13.1 Notice of Defects ..................... 13.2 Access to the Work ................... 13.3 Tests and Inspections; Contractor's Cooperation ........................ 29 30 30 30 30 30 30 30 30 30 30 31 31 31 31 32 32 32 32 32 32 32 33 34 34 34 35 35 35 35 35 35 35 36 36 36 36 2 I Article or Paragraph Page A rlicle or Paragraph Pace Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 ' Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ....... . 40 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims 40 13.6-13.7 CoveringWork Prior to Inspection. 15. SUSPENSION OF WORK AND ' Testing or Approval 36 TE Uncovering Work at ENGINEER'S . s. eRMINATION ......... ......... 40 13.8-13.9 15.1 OWNER May Suspend Work ......... 40 Request ............................ 36 15.2-15.4 OWNER May Terminate .............. 4 13.10 OWNER May Stop the Work ......... 36II 13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or 1 ....... Terminate 41 Work ............................... 37 13.12 Correction Period .............. 16. DISPUTE RESOLUTION ....... 13.13 Acceptance of Defective Work ........ 37 .......................41 '• 13.14 OWNER May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 ' 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 COMPLETION ................................. 37 17.4 Cumulative Remedies ................. 42 14.1 Schedule of Values .................... 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included ...........................42 ' 14.3 CONTRACTOR'S Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -AI ' 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 a I I 11 [1 11 I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of— Bonds and Insurance................................5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment .• ................................9.12, 14.15 'insurance...........................................514 •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.! 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 .........................57 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, f4.8, 15.1 progress schedule....................................6.6 Agreement — definition of ............... ...................... 1.2 All risk Insurance, policy form ........................3.6.2 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, L10, 2.3, 3-3,.4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragraph Ntrinher Bidding Documents —definition of ................. _ 1.6 (6.8.2) Bidding Requirements ---definitions of ..:... 1.7 (Ii, 4.2.6.2) Bonds— _ acceptance of ................................. . ..... 5.14 additional bonds ........................... 10.5, 11.4.5.9 Cost of the Work:............................... 11.5.4 definition of...........................................1.8 delivery of ...................................... 2.1, 5.1 final application for payment .................. 14.12-14.14 general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 performance, Payment and Other .................5.1-5.2 Bonds and Insurance —in general ......................... 5 Builder's risk "all risk" policy form ........:.......... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances ........................ .......... 11..8 Certificate of Substantial Completion ..........1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3. 5.4.11,.5.4.13, 5.6.5, 5.8, ........................................ 5.14, 9.13.4, 14.12 Change in Contract Price— ,. Cash Allowances...................................11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11..2, 13.9, 13.1 3, 13.14, 15.1, 15.5 • CONTRACTOR's fee ............................... 11.6 Cost of the Work, general .................... ........... .. 11.4-11.7 Exclusions to ....................................... 11.5 .Cost Records........................................11.7 in general .............. 1.19, 1.44, 9.1 1, 10:4.2, 10.4.3,. I Lump Sum Pricing.................................11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work .................................... 11.9 Value of Work......................................11.3 Change in Contract Times — Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.IS. 6:8.2, .9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13. 13114, 14.7, 15.1, 15.5 Contractual time limits .......... ..... 12.2 Delays beyond CONTRACTOR's control ..........:. 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol...............................................12.4 Notification .of surety ........................... _... 10.5 Scope of change...............................10.3-10.4 Change Orders —-. - Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ....................... 3.5 Cash Allowances ......... ......................... 1 1.8 Change of Contract Price .:...... _.................... II Change of Contract Times .............................12 Changes in the Work..................................10 CONTRACTOR's fee ............................... 11.6 Cost of the Work................................11:4-11.7 I, 1 I I I I I l a I I I I C 4 4 I .................... Article or Paragraph Number Cost Records .. 11.7 de finition egeof ............................................3 emergencies .. ..6.23 ENGINEER's responsibility ......... 9.8, 10.4. 11.2, 12.1 execution of ........................................ 10.4 ' Indemnification .....................612, 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 Change of Contract Times ......................9.4. 12.1 CONTRACTOR's 4, 7.1.9.4, 9.5, 9.1 1, 10.2, 11.2, 11.9, 12.1, 14.8. 15.1, 15.5. 17.3 CONTRACTOR's Fee .............................. 11.6 ' CONTRACTOR's liability ............ 5.4. 6.12, 6.16, 6.31 Cost of the Work .. .. 11.4. 11.5 Decisions on Disputes ......................... 9.11, 9.12 ' Dispute Resolution..................................16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 ' 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 ' Value of ............................................ 11.3 Waiver of —on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9.1 1, 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....................................6.2, 6.9.2, 8.1 Hazard Communication Programs ................... 6.22 Completion — Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completion ...................1.3$. 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6.11 Conferences — initially acceptable schedules ......................... 2.9 preconstruction......................................2.8 Conflict, Error, Ambiguity, Discrepancy — CONTRACTOR to Report ..................... 2.5. 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc . ............... 6.4 Continuing the Work .............................6.29 10.4 Contract Documents — .......................... Amending ................. 3.5 Bonds................................................5.1 Cash Allowances ................................... 11.8 Change of Contract Price ............................. I I 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...............................................1-3.4 minor variations in the Work ............................6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment .......................8.3 14.4, 14.13 precedence......................................I, 3.3.3 Record Documents .................................6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 RelatedWork........................................7.2 Reporting and Resolving Discrepancies ........... 2.5. 3.3 Reuseof.............................................3.7 Supplementing.......................................3.6 Termination of ENGINEER's Employment ........... 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. 11.2-11.3 Changeof............................................II Decision on Disputes ............................... 9.11 definition of ........................................ 1.11 Contract Times — adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of ...................................... 12.1-12.4 S Article• or Paragraph Number Article or Paragraph Number Commencement of :.................:................ 2.3 For Acts and Omissions of Others .....6.9J-6.9.2, 9.13 V definition of........................................1:12 for deductible amounts, insurance 5.9 CONTRACTOR— general ................................. 6. 7.2: 7.3, 8.9 Acceptance of Insurance . r...................:.....5.14 Hazardous Communication Programs ............. 6.22 Limited Reliance on Technical Data Authorized .....-4.2.2- Indemnification .................... _........ 631-633 Communications .._........ :.........:........ 6.2,-6.9.2 - Labor, Materials and Equipment ................6.3-6.5 Continue Work................................6.29. 10.4 Laws and Regulations ............................6.14 coordination and scheduling ......................... 6.9.2 Liability Insurance ...................................5.4- .................. definition of ........................................ 1.13 Notice of variation from Contract Documents ..... 6:27 May Stop Work or Terminate ........• ................15.5 Patent Fees and Royalties ......................... 6.12 provide site access to others .....................7.2. 13.2 Permits ............................................ 6.13 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, Progress Schedule.................................6.6 7.2, 13.2 Record Documents ............................... 6.19 Shop Drawing and Sample Review Prior to Submittal . 6.25 related Work performed prior to ENGINEER's Stop Work requirements ...........................4:5.2 approval of required submittals .......... _.:... 6.28 CONT'RACTOR'S— I .: I I safe structural loading .............................6.18 Compensation...................................11.1-11.2 Safety and Protection ... .............. ..6.20, 72. 13.2 Continuing Obligation ..............................14.15 Safety Representative ............................. 6.21 Defective Work.............................9.6. 13.10-13.14 Scheduling the Work ............................. 6.9.2 Duty to correct defective Work ..................... 13.11 Shop Drawings and Samples ...................... 6.24 .Duty to Report— Shop Drawings and Samples Review .' Changes in the Work caused by by ENGINEER................................6.26 Emergency........................................6.23 Site Cleanliness...................................6.17 Defects in Work of Others .... .................... 7.3 Submittal Procedures .. .......... .. 6.25 Differing conditions ...............................4.2.3 ........ ........ .4.2.3 Substitute Construction Methods and Discrepancy in Documents ........ 2 5, 3.3.2,6.14.2 Procedures .. . .. 6.7.2 Underground Facilities not indicated .............. 4.3.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Emergencies ..........................:.............6.23 Superintendence...................................6.2 Equipment and Machinery Rental, Cost Supervision........................................6.1 of the Work ................................... 11.4.5.3 Survival of Obligations ............................ 6.34 Fee —Cost -Plus ..................... 11.4.5.6, 11.5:1. 11.6 Taxes ....................._...................... 6.15 General Warranty and Guarantee -...........t........-6.30 Tests and Inspections ............................. 13.5 Hazard Communication Programs ................... 6.22 To Report ..................................... 2.5 Indemnification ...................... 6.12, 6.16. 6.31-6.33 Use of Premises ....................6.16-6.18. 6.30.2.4 Inspection of the Work ......................... 7.3, 13.4, Review Prior to Shop Drawing or Sample Submittal .. 6.25 Labor, Materials and Equipment ..................6.3-6.5 Right to adjustment for changes in the Work .. .. 10.2 Laws and Regulations. Compliance by ..............6.14.1 right to claim .. 4, 7.1, 9.4, 9.5, 9.11. 10.2, 11.2, 11.9, 12.1, Liability Insurance...................................5.4 13.9, 14.8, 15.1, 153, 17.3 Notice of Intent to Appeal .....................9.10, 10.4 Safety and Protection .. .. 6.20-6.22. 7.2, 13.2 obligation to perform and complete the Work ........6.30 Safety Representative ............................... 6.21 Patent Fees and Royalties, paid for by ............... 6.12 Shop Drawings and Samples Submittals .......... 6.24-6.28 Performance and Other Bonds .........................5.1 Special Consultants ............................... 11.4.4 Permits, obtained and paid for by .....................6.13 Substitute Construction Methods and Procedures .....6.7 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Request for formal decision on disputes ..............9.11 Subcontractors, Suppliers and Others ............ 6.8-6.11 Responsibilities— - Supervision and Superintendence .......... _ 6.1. 6.2, 6.21 Changes in the Work ............................... 10.1 Taxes, Payment by..................................6.15 Concerning Subcontractors, Suppliers and Others . 6.8- Use of Premises................................6.16-6.18 6.11 - Warranties and guarantees ......................6.30. 6.5 Continuing the Work ........................6.29. 10.4 Warranty of Title ................................... 143 CONTRACTOR's expense .:..................... 6.7.1 Written Notice Required— CONTRACTOR's General Warranty and Guaran- CONTRACTOR stop Work or terminate ........... 15.5 tee...............................................6.30 Reports of Differing Subsurface and Physical Condi- CONTRACTOR's review prior to Shop Drawingor Sam- tions.............................................4.2.3 ple submittal ................................... .. 6.25 Substantial Completion ............................14.8 Coordination of Work ..............................6.9.2 CONTRACTORS—other.................................7 Emergencies.....................................6.23 Contractual Liability Insurance ........... _......... 5.4.10 ENGINEER's evaluation, Substitutes Contractual Time Limits .................... .......... 12.2 �.or "Or -Equal" Items ....... ....................6.7.3 Coordination 6 II I I I I I a I I I I I I I, Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents..................................2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost — of Tests and Inspections ............................. 13.4 Records............................................11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee.Expenses ............................. 11.4.5.1 Exclusions to ....................................... 11.5 General........................................11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses ................................. 11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental.....................................114.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. 11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ................................... 13.6-13.7 Cumulative Remedies ............................17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day —definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.11, 9.12 defective —definition of ................................ 1.14 defective Work — Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period .................................. 13.12 in general ................................. 13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting............................................9.6 Uncovering the Work ............................... 13.8 Definitions ............................................... 1 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...............................................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 ...............................9,11-9.13 Review of Reports on Differing Subsurface and Physical Conditions ..........................4.24 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 ........................ 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 .........................9.! .Project Representative ...............................93 Rejecting Defective Work .............................9.6 Shop Drawings, Change Orders and Payments.....................................9.7-9.9 Visits to Site......................................9.2 Unit Price Determinations ...........................9.10 Visits to Site..........................................92 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ...................6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions...................................6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions .'.....: ..:.......... 4.2.1 Fee, CONTRACTOR's—Costs-Plus ................... 11.6 Field Order — definition of.........................................1.19 issued by ENGINEER .......................... 3.6.1, 9.5 Final Application for Payment ........................ 14.12 Final Inspection......................................14.11 Final Payment — and Acceptance .............................. 14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ...............................17.3-17.4 General Requirements— defintion of.........................................1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice.........................................17.1 Guarantee of Work —by CONTRACTOR ..................... .... 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste— - definition of........................................1.21 general..............................................4.5 OWNER's responsibility for ......................... 8.10 Indemnification ........................ 6.12, 6.16,6.31-6.33 Initially Acceptable Schedules ..........................2.9 CONTRACTOR'S Inspection — Certificates of ......................... 9.13.4, 13.5, 14.12 Final..............................................14.11 Special, required by ENGINEER .................... 9.6. Tests and.Approval ......................... 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER..........................5.14 Additional, required by changes . in the Work ................................. 11.4.5.9 Beforestarting the Work ............................. 2.7 Bonds and —in general ................... .............. 5 Cancellation Provisions ...............................5.8 Certificates of .2 .7,553 5,5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ........ . ... 5.4.13 CONTRACTOR's Liability ...........................5.4 CONTRACTOR's objection to coverage ........ .. 5-14 Contractual Liability ..............................5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's . responsibility.....................................5.9 Final- Application for Payment ....................... 14.12 Licensed Insurers....................................5.3 Notice requirements, material - - - changes...................................5.8, 10.50 Option to Replace ................................ 5.14 other special insurances .............................. 5.10 OWNER as fiduciaryfor insureds ..............5.12-5.13 OWNER's Liability..................................5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance ............... 5.15 Property ........................................ 5.6-5.10 Receipt and Application of Insurance Proceeds ...5.12-5.13 Special Insurance...................................5.10 Waiver of Rights....................................5.11 Intent of Contract Documents .......................3.13.4 Interpretations and Clarifications ................. 3.6.3; 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment .................... 6.3-6.5 Lands— and Easements......................................8.4 Availability of ................................... 4.1, 8.4 Reports & Tests ..................................... 8.4 Laws and Regulations —Laws or Regulations— Bonds...........................................5.1-5.2 Changes in the Work ................................ 10.4 Contract Documents ................................. 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work ................... 13.12 Cost of the Work, taxes ........................:.11.4.5.4 definition of........................................1.22 general..............................................6.14 Indemnification................................6.31-6.33 Insurance............................................5.3 Precedence ................................ ..3.1, 3.3.3 Reference to........................................3.31 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises.....................................6.16 Visits to Site...................................1..... 9.2 Liability Insurance— CONTRACTOR's .....................................5.4 OWNER's............................................5.5 Licensed Sureties and Insurers .........................5.3 Liens-- -- Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ; ....................... 14.3 Final Application for Payment ...................... 14.12 definition of ......................................... 1.23 Waiver of Claims ..............._-.................. 14.15 Limitations on ENGINEER's authority and responsibilities.....................................9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ...................... 14.12 Manuals (of others) — Precedence .......................................3.3.3.1 I I r I I NI I I ,11 4 I 1' I I I I I I a I I I I I, Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Materials and equipment — furnished by CONTRACTOR ........................ 6.3 not incorporated in Work ............................ 14.2 Materials or equipment —equivalent ..................... 6.7 Mediation (Optional) .................................. 16.7 Milestones —definition of .............................. 1.24 Miscellaneous—. Computation of Times .............................. 17.2 Cumulative Remedies ............................... 17.4 Giving Notice.......................................17.1 Notice of Claim ..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts....................................7 Not Shown or Indicated .............................. 4.3.2 Notice of — Acceptability of Project ............................ 14.13 Award, definition of ................................. 1.25 Claim .............................................. 17.3 Defects. ............................................ 13.1 Differing Subsurface or Physical Conditions ..........4.2.3 Giving .............................................. 17.1 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed — definition of ........................................ 1.26 givingof.............................................2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER ....................6.30. 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance .. ..:. .:::::::: ....5.6.2 Option to Replace ................. 5.14 "Or Equal" Items......................................6.7 Other work..............................................7 Overtime Work —prohibition of ......................... 6.3 OWNER — Acceptance of defective Work ...................... 13.13 appoint an ENGINEER .............................. 8.2 as fiduciary....................................5.12513 Availability of Lands, responsibility ................... 4.1 definition of........................................1.27 data, furnish.........................................8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ........................ 14.7 May Stop the Work................................13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5.10 OWNER's— Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to execute....................................8.6, 10.4 Communications.....................................8.1 Coordination of the Work ............................ 7.4 Disputes, request for decision ....................... 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance...................................5.5 Notice of Defects ................................... 13.1 Representative —During Construction, ENGINEER's Status ............................ 9.1 Responsibilities — Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material .................. 8.10 Change Orders .............................; ...... 8.6 Changes in the Work .............................. 10.1 communications...................................8.! CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ................ 8.11 inspections, tests and approvals .... ............. 8.7 Insurance ......................... .. . 8.5 lands and easements ............................... 8.4 prompt payment by................................8.3 replacement of ENGINEER ....................... 8.2 reports and tests...................................8.4 stop or suspend Work .................. 8.8, 13.10, 15.1 terminate CONTRAC OR's services .......... 8.8, 15.2 separate representative at site ........................ 9.3 independent testing.................................13.4 use or occupancy of the Work....................................5.151 14.10 written consent or approval required ............................... 9.1, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs — definition of........................................1.29 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization — definition of........................................1.28 general ................................... 6.30.2.4, 14.10 Property Insurance.................................5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds.....................................5.15.2 Payments. Recommendation of ............. 14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 general...........................................8.3, 14 Partial Utilization..................................14.10 Retainage...........................................14.2 Review of Applications for Progress Payments..................................14.4-14.7 prompt payment.....................................8.3 Schedule of Values..................................14.1 Substantial Completion ......................... 14.8-14.9 Waiver of Claims..................................14.15 when payments due .......................... 14.4, 14.13 withholding payment................................14.7 Performance Bonds.................................5.15.2 Permits...............................................6.13 I I Article or Paragraph Number Petroleum — definition of.........................................1.30 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to .....................4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and........................................4.2 Underground Facilities ..................... .. 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings ..............................4.2.! Notice of Differing Subsurface or ...................4.2.3 .................. 4.2.3 Subsurface and......................................4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ....................42.2 Underground Facilities— general............................:.............4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown'or Indicated ............................ 4.3.1 Technical Data.....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters......................................2 Preliminary Schedules..................................2.6 Premises, Use of ................. .. 6.16-6.18 Price, Change of Contract ............................... II Price, Contract —definition of .......................... I.I I Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of .................................. 1.31 Project Representative— ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident —definition of......................................1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional...........................................5.7 general ................................... ..... 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds..................................5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punch list ............................................ 14.11 Radioactive Material — definition ............... .......................... „ 1.32 general ....................................... . 4.5 OWNER's responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............. ............ .. 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points ..... ............... ................... 4.4 Reference to Standards and Specifications of Technical Societies.................................3.3 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 .................................... 9.13 OWNER's-in general ......... .........I............ 8 Retainage.............................................14.2 Reuseof Documents .............................•:..... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ......................6.25 Review of Applications for Progress Payments......................................14.4-14.7 Right to an adjustment................................10.2 Rights of Way..........................................4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ................................6.18 Safety — and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general........................................6.20-6.23 Representative, CONTRACTOR's ................... 6.21 Samples — definition of........................................1.34 general........................................6.24-6.22 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work........................................6.28 submittal of.......................................6.24.2 submittal procedures................................6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules — Adherence to.....................................15.2.1 Adjusting............................................6.6 Change of Contract Times ........................... 10.4 Initially Acceptable...............................2.8-2.9 Preliminary..........................................2.6 Scope of Changes ..............................10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 11 'I II S I C I I 10 Article or Paragraph Number Shop Drawings and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of........................................1.35 ENGINEER's approval of .........................3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work........................................6.28 review procedures ......................... 2.8, 6.24-6.28 submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................67.3 Shown or Indicated...................................43.1 Site Access.......................................7.2, 13.2 Site Cleanliness.......................................6.17 Site, Visits to — by ENGINEER ..............................: . 9.2, 13.2 byothers ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications — definition of ........................................ 1.36 of Technical Societies, reference to .................33.1 precedence........................................3.3.3 Standards and Specifications of Technical Societies..........................................3.3 Starting Construction, Before ....................... 2.5-2.8 Starting the Work......................................2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor— Concerning...................................... 6.8-6.11 definition of ........................................ 1.37 delays.............................................. 12.3 waiver of rights.....................................6.11 Subcontractors —in general ........................ 6.8-6.11 Subcontracts —required provisions ........ 5.11, 6.11, 11.4.3 Submittals — Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures.........................................6.25 Progress Schedules .............................. 2.6, 2.9 Samples.......................................6.24-6.28 Schedule of Values ............................. 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3, 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 '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 ...................... 6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2.9.13.2 Superintendence.......................................6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs .................................. 11.4.5 Supplementary Conditions — definition of ........................................ 1.39 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.[-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. 14.12 Waiver of Rights....................................6.11 Surety — consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of ................................... 5.1-5.3 Survival of Obligations................................6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— .................. 15 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 ...............................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= 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 day................................................17.72 Milestones...........................................12 Requirements — appeals ..........................................16 clarifications, claims and disputes .............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference .......................... 2.8 schedules.................................2.6, 2.9, 6:6 starting the Work .................................. 2.4 Title, Warranty of.....................................14.3 Uncovering Work.................................13.8-13.9 Underground Facilities, Physical -Conditions — definition of........................................1.41 Not Shown or Indicated ............................ 4.3.2 protection of ................................... 4.3, 6.20 Shown or Indicated................................4.3.1 'Unit Price Work — claims ......................... 11.9.3 definition of..........................................1.42 general..................................11.9, 14.1, 14.5 Unit Prices— general...........................................11.3.1 Determination for...................................9.!0 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 Utility owners ......................6.23, 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................................6.25, 6.27, 9.5 Visits of Site —by ENGINEER ..........................9.2 Waiver of Claims -on Final Payment ........................................... 14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR.....................................630 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Access to...........................................13.2 byothers . ......:...................................... 7 Changes in the ........................... Continuing the . ..................................... 6.29 CONTRACTOR May Stop Work or Terminate ....._ ............................. 15.5 Coordination of......................................7.4 Cost of the ..................................... 11.4-11.5 definition of ..:...................................... 1.43 neglected by CONTRACTOR ......................13.14 other Work............................................7 OWNER May Stop Work .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site ............................. 7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER .......................... 15.1-15.4 Variation and deviation authorized, minor...........................................3.6 Work Change Directive — claims pursuant to..................................10.2 definition of...................................... ..1.44 1.44 principal references to ....................3.5.3,10.1-10.2 Written Amendment — definition of ........................................ 1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, .12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required-- ' by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ........:...........9.10-9.11, 10.4, 11.2, 13.14 12 Ii I I I I r I H .i I GENERAL CONDITIONS ARTICLE I -DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plum! thereof: I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is -friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. I.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 assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firmorcorporationnamed as such in the Agreement. 1.18. ENGINEER's Consultant —A person. firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 1 13 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The -term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances'upon real property or personal property. 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 to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 etseq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who maybe 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" Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 14 I I J Il I C I I I I i I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required, to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 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. 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 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 I5 C 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- N EER responsibility forthe 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 ContractDocuments 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 asprovided 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. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or. Regulation applicable to the performance of the Work or of any, such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR -shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions, of the Contract Documents and: 3.3.3.1'. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of O W NER, CONTRACTOR or.ENGINEER EER; or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I L1 I I I C 16 I L I I I 1J I 1J I I Li 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 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 OWN ER 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 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. I 17 C 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or . 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any suchdata, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with.a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price. and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase, or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however,. to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3.-•withrespect 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 11 J I I L a I I II n I L 41 1 I Is I LI I I I 10 I '.J I I L I 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: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. 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, PCRs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos. PCBs, E�troleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or. indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor. Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 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 ' 19 I Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment 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 Documents. 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 fur- nish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents 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, Financial Management Service, Surety Bond Branch, U.S. Treasury Department. (Phone 202-874-6850). All Bonds signed by an agent must be accompanied b'y a certified copy of such agent's authority to act. 5.2. If the surety on any Bond- furnished by CQNTRAC- 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. 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONTRACTOR'S Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain, such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damagesbecause of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 1 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by, any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I, I I I I 1J I I a L C ri I I 'ci 20 II I, 1 I fl L --J I I I LJ I I I Li Li The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGIN EER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. ' 21 I F 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 purchasers own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, .and the• cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has.been procured by OWNER..,_ . 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder.. OWNER and CONTRACTOR Waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and; in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. . 5.11.2. In addition, OWNER waives all rights. against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and. 5.11.2.2.. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any suchloss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. . 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage: Without prejudice to any other right or remedy, -the other party, may elect to obtain equivalent Bonds or insurance to protect such other. party's interests at :the expense of the party who was 'p 1 I I I H I C 41 C I I H I 'IC - 22 II � I I I 11 II I II I I [7 I I I required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods. techniques. sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR 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, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without 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, heal, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7, Substitutes and "Or -Equal" Items: 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: ' 23 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. CONTRAC70R'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. pa 6.7:2: Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to'allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.1.3. 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 orsubmitted 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 theiden- 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 objectionin 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 L a I 11 C 1l I 0 I, I I C I I Li I I I Li 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 or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor. Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractoror 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 of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent.rightstor 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. 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, neither OWNER 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. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I 25 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 precautionsand 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 propertyreferred 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 Cons(iltant, 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 - 26 I I L I I I C 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. 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 6.25.1.3. all information relative to CONTRACTORS 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 L 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 625.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated.ih 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'sConsultants 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; 6.30.2.2. 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.. anyacceptance byOWNER.or any failure to do so; 6.30.2.6. any review and approval of a Shop. Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14:13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and, hold harmless OWNER, ENGINEER„ ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and.against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or. resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury; sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part -by any negligent. act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable; regardless of whether or not caused in part by any negligence or omission of a' person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by 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 indirectlyemployed 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: 1 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with I I 1 C I I LI I I I I Li a E I I I 1 I I I I J Li 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 11 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 other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified: 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to 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. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15,1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ' 29 J 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of.the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without lirnitation,� 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. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will 'be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract. Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work 9.6. ENGINEER will have authority to disapprove or reject Work.which ENGINEER believes to be defective, or I ,+ 1 L I L [1 P 30 I I I I I I I I I E L 11 n that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orden 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 ENGIN EER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any. in accordance with this paragraph. ENGINEER's written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with theprocedures 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 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 ha,e 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 I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants, ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended•by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties: . 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. 7 I I E a ARTICLE II —CHANGE OF CONTRACT PRICE ' 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 1.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will C I I [1 I 32 I I I, I I I I I I Li I 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. 33 I 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and. approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The.term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph -11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. _ 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a -fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more. tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under -paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved in any one change, -the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. - 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. I I I C Li M I Li I C H LJ I I: 34 I I I I I I I r I I I I Ii, 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 II if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 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) ' 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. 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•asprovided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered- contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER. shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article II. If, however, such Work is not found to be defective, CONTRACTOR• shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the causefor such order has been eliminated; however, this right of OWNER to stop the Work .1 1 I I E r7 Ti I I I I 36 1. [1 I I I S I k I I Li Ii, 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: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and 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 I1. 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 O W N ER of OWNER's rights and remedies hereunder. ARTICLE 14 —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 Applicationand 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. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to.the best of,ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications' for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR'S being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work: However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of 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, [l I 11 I I I I I I P I I: 38 I H 'I I I [J I I C S I I [J I I Ii, 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 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 ENGIN EER 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 he 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 he 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 CONT RACTOR 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 I particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress -payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i)all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could he filed. and (ii) all.payrolls. material and equipment bills and other indebtedness connected with the Workfor 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 ofpayment and present the Application to OWNER for pay: ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise. ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation. in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended. by ENGI- NEER will become due and will he paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for.Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that. portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens. from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those. previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15. I. At any time and without cause. OWNER may sus- pend the Work or any portion thereof fora period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 6 ;r ii 1 I I I I I I I I I: 40 C1 I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under 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; ' 15.2.3. if CONTRACTOR disregards the authority of ENGINEER; or I I I I I 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 dayswritten 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 he as set forth in Exhibit GC -A, 'Dispute Resolution Agreement,'' to be attached hereto and made a pail hereof. If no such agreement cement b 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 ' 41 7 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 ei 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 parly.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 173 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 I5.2 and all of the rights and remedies available to OWNER.and ENGINEER thereunder, arc in addition to, and are not to be construed in anyway as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available. by Laws or Regulations, by special. warranty or guarantee or by -other provisions of the Contract Documents, and the- provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation. right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and -damages,' it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution. costs.- . IThe remainder of this page was left blank intentionally. I I 7 I L_ I J LI 42 C VP I I I I I I I EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) 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 daysperiod 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 or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph: but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically 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 he final, judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. [The remainder of this page was left blank intentionally.] I GC -Al I 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 tinder 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- tion. would irrevocablyand' ay prejudice omne of the parties- ick to Tle a 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 tinder this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. I 'ai C' 'ry [The remainder of this page was left blank intentionally.] GC -A2 I I IJ I LIST OF SUBJECTS Section 00800 SUPPLEMENTARY CONDITIONS SC -1 Definitions SC -1.46 Additional Definitions ' SC -2.2 Copies of Documents SC -2.6.3 Preliminary Schedule of Values SC -2.7 Furnishing of Insurance Data ' SC -4.2 Subsurface and Physical Conditions SC -4.3 Physical Conditions SC -5.1 Performance, Payment, and Other Bonds ' SC -5.2 Change of Surety SC -5.3.1 Licensed Sureties and Insurers SC -5.3.2 Insurance Certificates '• SC -5.4 Contractor's Liability Insurance SC -5.4.7 Identification of Additional Insured SC -5.4.11 Notice of Cancellation of Liability Insurance ' SC -5.5 Owner's and Engineer's Contingent Protective Liability Insurance SC -5.6 Property Insurance SC -5.7 Other Insurance ' SC -5.8 Notice of Cancellation of Property Insurance SC -5.10 Contractor Requested Insurance SC -5.12 Receipt and Application of Insurance Proceeds ' SC -5.13 Alternative Settlement of Insurance Claims SC -6.6 Progress Schedules SC -6.13 Permits ' SC -6.30 Contractor's General Warranty and Guarantee SC -7.1 Related Work at Site SC -7.2 Coordination of Contractors ' SC -7.5 Separate Contractor Claim SC -8.5 Owner's Property Insurance SC -9.3 Project Representative 'SC -10 Changes in the Work SC -11.9.3 Unit Price Adjustment ' SC -14.2 Application for Progress Payment SC -14.4 Review of Applications for Progress Payment SC -14.7 Recommendation of Progress Payments ' SC -14.8 Substantial Completion SC -14.10 Partial Utilization 03/30/96 ' CEI Project 10963 Page 00800-1 I I 06/12/96 ' These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain ' in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the paragraph numbers in the General Conditions, except with the designation "Sc,,. SC -1 DEFINITIONS H Li I F H I I I U I I The terms used in the Supplementary Conditions 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. In addition to the provisions of Article 1, the following supplemental definitions apply. SC -1.27 "OWNER" shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville, AR 72701. SC -1.46 Additional Definitions Add the following definitions to Article 1 of the General Conditions. "1.46 "Surety" or "sureties" shall mean the bondsmen or party or parties who have made the fulfillment of the contract by Bonds, and whose signatures are attached to such Bonds. 1.47 "Advertisement" shall mean the legal publications pertaining to the work of this contract. 1.48 "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and made a part thereof, and also such supplementary drawings as 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 General Requirements, or for the showing of details which are not shown thereon. 1.49 "Grade" shall mean and indicate the established elevations of the paving, flow lines of sewers and other appurtenances as shown on the Drawings." CEI Project 10963 Page 00800-2 I I I 03/30/96 SC -2.2 Copies of Documents Delete paragraph 2.2 of the General Conditions in its entirety and insert the following in its 'place. 112.2 ENGINEER shall furnish to CONTRACTOR six bound copies of the Agreement and other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall execute the Agreement and submit all copies to the OWNER for execution. The date of contract on the Agreement, Bond forms, and power of attorney shall be left blank for filling in by ;OWNER. These documents will be dated the date the OWNER executes the contract. ' OWNER shall furnish to CONTRACTOR up to four copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction." ' SC -2.6.3 Preliminary Schedule of Values Add the following to the end of Paragraph 2.6.3 of the General Conditions. "The unit prices provided by CONTRACTOR in the Bid Form shall serve as the basis of the ' Schedule of Values. Additional subdivision of unit price or lump sum items shall be made as reasonably requested by ENGINEER or as required to verify progress payments for Unit Price Work that will take place over several progress periods." ' SC -2.7 Furnishing of Insurance Data ' Delete all references to OWNER supplied and OWNER delivered insurance. I I I I I C SC -4.2 Subsurface and Physical Conditions No subsurface investigation has been conducted within the project site area, and ENGINEER has not relied upon any technical data related to subsurface and physical conditions in the preparation of Drawings and Specifications. SC -4.3 Physical Conditions —Underground Facilities Add the following language at the end of paragraph 4.3.2. "This paragraph does not apply to Underground Facilities that are being relocated by others as part of the Project. OWNER does not control the schedule of the owners of those Underground Facilities, and cannot determine whether those Underground Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract Documents. CET Project 10963 Page 00800-3 C I.I I CI Hl I I I I Hi I 03/30/96 CONTRACTOR shall advise ENGINEER of Underground Facilities have been relocated, but may not make a claim for changes in the Contract Price or Contract Times as a result of any such relocation. If the relocation of Underground Facilities presents an obstacle to the Work continuing, CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and ENGINEER will determine if a change in the Work is required. If the change in the Work results in a change in the quantity of Unit Price Work, CONTRACTOR will be paid for the actual Unit Price Work installed." SC -5.1 Performance, Payment and Other Bonds: Add the following new paragraphs immediately after paragraph 5.1 of the General Conditions which reads as follows: "5.1.1 Resident Agent: 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 shall not be sufficient. 5.1.2 Additional Information: CONTRACTOR shall provide the Bonds as described in these sections within ten (10) days after the receipt of a Notice of Award. For contracts in excess of $100,000 the Bonds shall be issued by a bonding company listed ' by the A.M. BEST Rating Book as follows: (1) contracts in excess of $100,000, but less than $1,000,000 - "B+" rating or higher and ' contract amount may not exceed 2.0 percent of the policyholder's surplus. _.......� f: , I I I I I I (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0 percent of the policyholder's surplus. The expense of all Bonds shall be borne by CONTRACTOR." SC -5.2 Change of Surety Delete paragraph 5.2 of the General Conditions in its entirety and insert the following new paragraph in its place. "5.2 If at any time a surety on any such Bond is declared bankrupt or loses its right to do business in the State of Arkansas or is removed from the above list of surety companies, the CONTRACTOR shall within ten (10) days after notice from the bond company that conditions are as described in this sentence and/or after notice from the OWNER to do so, substitute an CEI Project 10963 Page 00800-4 I I I I I I 03/30/96 acceptable Bond or Bonds in such form and sum and signed by other surety or sureties as may be satisfactory to the OWNER. The premiums on such Bonds shall be paid by CONTRACTOR. No further payment shall be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable Bond to the OWNER." SC -5.3.1 Licensed Sureties and Insurers Add the following new paragraphs immediately after paragraph 5.3.1 of the General Conditions which reads as follows: '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 shall not be sufficient. No employers' liability, public liability or workmen's collective insurance policy shall be written in any casualty company not authorized to do business in the State of Arkansas. These policies shall likewise be issued by a resident local agent licensed by the Insurance Commission of the State of Arkansas." SC -5.3.2 Insurance Certificates I Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor...") in its entirety. ' SC -5.4 Contractor's Liability Insurance The limits for liability for the insurance required by paragraph 5.4 of the General Conditions ' shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: Workers Compensation, etc. under paragraphs 5.4.1 and 5.4.2 of the General Conditions: 1) State: Statutory ' 2) Applicable Federal: Statutory 3) Employer's Liability: $100,000.00 each occurrence ' Comprehensive General Liability Insurance, under paragraphs 5.4.3 through 5.4.5 of the General Conditions: $1,000,000.00 Combined Single Limit ' CE! Project 10963 Page 00800-5 I I I I I I_I I I I C I H Li L I In H I I 06/12/96 Policies will include premise/operations, products, completed operations, independent contractors, explosions, collapse, underground hazard, Broad Form contractual, personal injury, with employment exclusion deleted and broad form property damage. Comprehensive Automobile Liability under paragraph 5.4.6 of the General Conditions: (1) Bodily Injury: $1,000,000.00 $2,000,000.00 Property Damage: $500,000.00 or Each person Each occurrence Each occurrence (2) a combined single limit of $2,000,000.00. SC -5.4.7 Additional Insureds Additional insureds with respect to insurance required by paragraph 5.4 of the General Conditions shall include: the City of Fayetteville, Arkansas (OWNER), and CEI Engineering Associates, Inc. (ENGINEER). SC -5.4.11 Notice of Cancellation of Liability Insurance Add the following language at the end of paragraph 5.4.11 of the General Conditions: "any wording such as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the [insurance] Company" shall be deleted from the policies and insurance certificates." CEI Project 10963 Page 00800-6 I U I I Li 11 I I I I I I I I I 03/30/96 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. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all losses and claims, demands, payments, suits, actions, recoveries, judgements of every nature and description brought or recovered against them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor, Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, in the execution of the Work or guarding of it. CONTRACTOR shall obtain in the name of OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less that $2,000,000.00 for property damage and bodily injury limits, and with such provisions as shall protect 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 deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the total bid price. This insurance shall include the interest of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER'S consultants in the Work (all of whom shall be listed as insured or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other perils as may be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to the fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work 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 polices of insurance required to be purchased and maintained by the CONTRACTOR in accordance with this paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice CEI Project 10963 Page 00800-7 has been given to the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2." Other Insurance Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: "5.7 Other Insurance. CONTRACTOR is to protect 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 CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible for the determination of and procurement of any additional insurance needed." Notice of Cancellation of Property Insurance Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: "5.8 Policies shall also specify that insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to OWNER or ENGINEER. All polices will provide for 30 days written notice (certified mail shall be required) prior to any cancellation or non -renewal of insurance policies required under the Contract. Any such wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company..." shall be deleted from the policies and certificates." Contractor Requested Insurance Delete paragraph 5.10 of the General Conditions in its entirety. Receipt and Application of Insurance Proceeds Delete paragraph 5.12 of the General Conditions in its entirety. Alternative Settlement of Insurance Claims Delete paragraph 5.13 of the General Conditions in its entirety. CEI Project 10963 Page 00800-8 I 03/30/96 1 SC -6.6 Progress Schedules Add a new paragraph 6.6.3. immediately following paragraph 6.6.2 which shall read: "6.6.3 An updated schedule, in the format specified in the Specifications, shall be required ' with each submittal for progress payment by CONTRACTOR. Failure to provide an accurate schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to CONTRACTOR." SC -6.13 Permits Add a new paragraph 6.13.1 as follows. "6.13.1 CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas Department of Pollution Control and Ecology (ADPC&E). CONTRACTOR shall request the necessary forms and instructions by writing to the following address: ADPC&E P.O. Box 8913 Little Rock, Arkansas 72219-8913 SC -6.30 Contractor's General Warranty and Guarantee Add a new paragraph 6.30.3 immediately following paragraph 6.30.2 which shall read: I I I I I I "6.30.3 For a period of one year, or longer if specified by special guarantees or by law, CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements necessitated by defects in the materials, workmanship or prosecution of the Work under this contract, and pay for any damage to other works or property resulting from such defects. CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any kind arising from said defects. The effective date for the beginning of the one year warranty period will be as decided by the ENGINEER and will be either the date of the ENGINEER's recommendation for Final Payment in accordance with Article 14.13, Final Payment and Acceptance, or the date of Substantial Completion as specified in Article 14.8. CONTRACTOR shall make all repairs or replacements promptly upon receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR fails to make the repairs or replacements promptly, OWNER may perform the work and the CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof." CEI Project 10963 Page 00800-9 03/30/96 ' SC -7. I Related Work at the Site Delete paragraph 7.1 of the General Conditions in its entirety and insert the following in its 'place. "7.1 The Work is part of a larger Project that is necessitated by AHTD's widening of I, Highway 112 Spur, Wedington Drive. As a result of AHTD's proposed improvements, additional right-of-way is being obtained by AHTD, residences are being removed or relocated, driveways and sidewalks are being removed or relocated, and all utilities in the area have to undertake various relocation and demolition in the Project area. Known utilities being required to relocate are gas, electric, cable TV, telephone, water, and sewer. The known scope of each of these is indicated in the General Requirements. However, OWNER and ENGINEER do not have all information concerning the proposed relocations of other utilities, nor is the proposed schedule for relocating these utilities known. Also, OWNER and ENGINEER cannot be certain that each and every utility requiring relocation have been identified as to type and owner. It is likely that conditions at the site could vary according to work done by other utility owners prior to the start of the Work under these Contract Documents. CONTRACTOR shall have no right to make a claim for changes in the Contract Price or Contract Time as a result of the work of other utility owners being done by those owners as a result of this Project, other than the right for additional quantities of Unit Price Work, if applicable." SC -7.2 Coordination of Contractors Delete the first sentence of paragraph 7.2 of the General Conditions and insert the following sentence in its place. "CONTRACTOR shall afford each utility owner and the AHTD proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment •1 and the execution of such other work and shall properly connect and coordinate the Work with theirs. Delete the last sentence of paragraph 7.2 of the General Conditions in its entirety. SC -7.5 Separate Contractor Claim ' Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: "7.5 ' Should CONTRACTOR cause damage to the Work or property of any separate ' contractor (or separate party) at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor (or separate party) CEI Project 10963 Page 00800-10 I I I I I I I II I Li I 03/30/96 against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall promptly attempt to settle with such other separate contractor (or separate party) by agreement or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor (or separate party) against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor (or separate party) cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor (or separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against them to be maintained and continued in CONTRACTOR'S name for benefit in any court or before any arbitrator which seeks to impose liability on, or recover damages from OWNER or ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor (or separate party) and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an extension of time in accordance with Article 12 of the General Conditions. An extension of the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor (or separate party). This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective contractual responsibilities." SC -8.5 Owner's Property Insurance Delete paragraph 8.5 of the General Conditions in its entirety. SC -9.3 Project Representative Paragraph 9.3 of the General Conditions is herein modified to include the furnishing of a Resident Project Representative by ENGINEER. The responsibilities and authority and limitations thereon of the Resident Project Representative are as provided in paragraph 9.13 of the General Conditions and Exhibit GC -A to these Supplementary Conditions, "Listing of Duties, Responsibilities and Limitations of Authority of Resident Project Representative." CE! Project 10963 Page 00800-11 I 03/30/96 ' SC -10.6 Authority for Changes in the Work Add a new paragraph 10.6 immediately following paragraph 10.5 of the General Conditions to read: 10.6 CONTRACTOR shall note and abide by the following limits of authority of OWNER and ENGINEER for changes in the Work which require a change in the Contract Price or Contract time. Except in the case of extreme emergency to protect public safety, public welfare or substantial Work, the following limits of Authority to the OWNER and ENGINEER shall apply: Engineer's Representative - No authority. Engineer - No authority. Mayor - $20,000.00 (Accumulative). All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall require the formal approval of the Fayetteville City Council." SC -11.9.3. Unit Price Adjustment Paragraph 11.9.3 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "11.9.3 The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: J I I 11.9.3.1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or more of the Contract Price and the variation of the quantity of that particular item of Unit Price Work performed by CONTRACTOR differs by more than 25 percent from the estimated quantity of such item indicated in the Agreement; and 11.9.3.2. if there is no corresponding adjustment with respect to any other item of Work; and ' 11.9.3.3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof; or I I• I 11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, then CE! Project 10963 Page 00800-12 I I I I I b I I I I I I I I u I I [l 03/30/96 11.9.3.5 either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 of the General Conditions if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC -14.2 Application for Progress Payment Paragraph 14.2 of the General Conditions is hereby deleted in its entirety and the following substituted in its place: "14.2.1. Monthly estimates will be prepared to include all work accomplished for the period ending the third Friday of each month, or 14.2.2. progress payments will be prepared at regular intervals, as scheduled by joint consent of CONTRACTOR and ENGINEER at the pre -construction conference. 14.2.3. ENGINEER, based upon data gathered during the construction process, will make an estimate of the value of the Work done and materials furnished in place during the previous estimate period. CONTRACTOR shall furnish to ENGINEER such detailed information including invoices from material suppliers as ENGINEER may request to aid in the preparation of the progress payment estimate. All payment requests are subject to retainage as indicated in the Agreement. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a monthly estimate at the time herein specified, such failure shall not be held to violate or void the contract. Note .that the failure of CONTRACTOR to provide an accurate and current schedule update shall be reason to reject CONTRACTOR'S request for progress payment. 14.2.4. If payment is requested on the basis of materials and equipment 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. 14.2.5. The amount of retainage with respect to progress payments will be as stipulated in the Agreement." 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: CE! Project 10963 Page 00800-13 I I I I I U I I I I I 03/30/96 "After the required internal reviews and processing by OWNER, OWNER will diligently proceed to make payment to 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 OWNER cannot guarantee the 30 days maximum time." SC -14.7 Recommendation of Progress Payments Insert the following new paragraphs 14.7.3 and 14.7.4 to paragraph 14.7 of the General Conditions, as additional reasons for ENGINEER to reduce CONTRACTOR's request for progress payment, and renumber paragraphs 14.7.3 through 14.7.8 as 14.7.5 through 14.7.10. "14.7.3. liability for liquidated damages has been incurred by CONTRACTOR, 14.7.4 CONTRACTOR has failed to maintain record documents as required by paragraph 6.19, SC -14.8. Substantial Completion The following shall be added as additional paragraphs at the end of paragraph 14.8 of the General Conditions. "The Work" will be considered substantially complete when the following work items are complete and ready for continuous use by the OWNER. The proposed sanitary sewers and water lines have been properly installed, tested, and passed all testing aspects. All piping and equipment and modifications to existing piping and materials have been properly tested, inspected and approved for use. All street and driveway repair and replacement, restoration of existing drainage along pipeline routes, restoration of surface drainage conditions, and final grading have been completed. CONTRACTOR has essentially completed the record documents required by paragraph 6.19, and, in ENGINEER's judgment, these are accurate and complete and will be ready for delivery to OWNER prior to Final Payment being made. ' The following items need not be completed for the Work to be considered substantially complete. ICE! Project 10963 Page 00800-14 I ' 03/30/96 Final dressing of pipeline routes throughout grassy or earthen areas with reestablishment of vegetative cover. SC -14.10. Partial Utilization Insert the following new paragraphs 14.10.2 and 14.10.3 in the General Conditions, and renumber existing paragraph 14.10.2 as 14.10.4. ' "14.10.2. any portions of the pipeline work may be considered substantially complete, prior to the entire project being substantially complete, if the OWNER may take over continuous operation of that part of the Work. Such part of the Work shall only be considered by ' ENGINEER for partial utilization if no further connections must be made to it, and no further interruptions in service due to other parts of the Work can reasonably be anticipated. I I I I I I I I I Ti h I 14.10.3. OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected before final payment. ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work." CE! Project 10963 END OF SECTION Page 00800-15 06/05/96 Section 00801 PREVAILING WAGE RATE DETERMINATION The Prevailing Wage Rate Determination for this Contract, consisting of two pages, follows this page. Contractor's responsibilities relative to this are set forth in the Supplementary Conditions. Contractor and indicated subcontractors will be required to complete a "Statement of Intent To Pay Prevailing Wages", a copy of which follows the Wage Rate Determination. END OF SECTION 00801 CEI Project 10963 Page 00801-1 Page 1 of 2 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: May 24, 1996 DETERMINATION #: 95-311 • PROJECT: Water & Sewer Line COUNTY: Washington Relocations, Wedington Dr. EXPIRATION DATE: 11-24-96 • Fayetteville, Arkansas SURVEY #: AH05 BASIC HOURLY FRINGE CLASSIFICATION RATE BENEFITS Bricklayer/Pointer,Cleaner,Caulkner 7.20 Carpenter 7.75 ' Concrete Finisher/Cement Mason 8.00 Electrician 12.00 .46 Laborer 6.65 Pipelayer 7.00 Truck Driver 9.05 • Power Equipment Operators: Group III 8.70 Group IV 8.10 Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less 11.00 .89 ' Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 9.90 Mechanic 6.90 Welders --receive rate prescribed for craft performing operation to which welding is incidental. ' Certified July 7, 1995 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. I C] 1 n I Page 2 of 2 ARKANSAS DEPARTMENT OF LABOR ' PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: May 24, 1996 DETERMINATION #: 95-311 ' PROJECT: Water & Sewer Line COUNTY: Washington Relocations, Wedington Dr. EXPIRATION DATE: 11-24-96 Fayetteville, Arkansas SURVEY #: AH05 Power Equipment Operators: Group III Heavy Equipment Operators. Operators engaged in operating the following equipment: bulldozers, front end loaders, sidebooms, skytracks, push tractors, pull scrapers, motor graders, ' trenching machines, regardless of size or motive power, backfillers, central mixing plants, 10S and larger, finishing machines, boiler fireman high or low pressure, asphalt spreaders, hydro truck crane, multiple drum hoist, irrespective of motive power, rotary, cable tool, core drill or churn drill, water well and foundation drilling machines, regardless of size, regardless of motive power and dredge tender operator. ' Group IV Light Equipment Operators. Operators engaged in operating the following equipment: Oilerdriver motor crane, single drum hoists, winches and air tuggers, irrespective of motive power, winch or A frame trucks, forklifts, rollers of types and pull tractors, regardless of size, elevator operators inside and ' outside when used for carrying workmen from floor to floor and • handling building material, Lad-A-Vator, conveyor, batch plant, and mortar or concrete mixers, below 10S, end dump euclid, pumperete, spray machine and pressure grout machine, air compressors, regardless of size. All light equipment, welding machines, light plants, pumps, well point system dewatering and ' portable pumps space heaters, irrespective of size, and motive power, equipment greaser, oiler, mechanic helper, drilling machine helper, asphalt distributor and like equipment, safety boat operator and deckhand. i I I I I I )\ /m G»\f / we 2Q 4-) k\ I G 4.3 Q) fl o%9 u wk ) \(\t ,4JQCQ elQk[% ---\- -\§\j; 22 °° • _\f ,0b\go \ ro $e4 P \ el /\(z/.Q %]p2\° Ca ) \� \\ o U q m t rtj u {\ o \) N j\)/�) § G22t4" (\VJ \\2t(\ \\\ \jj\§] )t\ 2%jQ)j\( 2/) �5§§ ' WLnE \§0 co ® A»» \o \\// N Q \ { x % ■ I I 04/03/96 Section 01010 ' SUMMARY OF WORK I I I I I I I I Part1 - GENERAL 1.1 SECTION INCLUDES A. Project Scope B. Work Covered by Contract Documents C. Work by Others D. Work Sequence E. Contractor Use of Premises 1.2 PROJECT SCOPE A. The Arkansas Highway and Transportation Department (AHTD) is planning to widen Arkansas Highway 116 Spur, also called Wedington Drive, in the City of Fayetteville between US Highway 71 on the west and Garland Avenue on the east. The AHTD will be responsible for hiring a contractor to construct road improvements. B. Utilities that will conflict with the proposed highway improvements must be relocated either outside of the new AHTD right-of-way, or within the new right-of-way in locations subject to AHTD approval. Each utility owner is responsible for making their own relocations and for securing any required easements. 1.3 WORK COVERED BY CONTRACT DOCUMENTS A. Furnish and install water and sewer piping, fittings, and appurtenances to relocate water and sewer as necessitated by highway department improvements to Wedington Road, Highway 116 Spur. This will include: protection of existing utilites; maintenance of utility service while construction is ongoing; abandonment and partial removal of existing water and sewer pipelines; reconnection of water and sewer services to the new pipelines; restoration of areas to original condition; and coordination with other contractors and utilities working in the same area. 1.4 WORK BY OTHERS A. Work by AHTD will consist of: construction of new below ground drainage facilities; removal of existing drainage structures; grading; pavement removal; base course 1 CEI Project 10963 Page 01010-1 I I 04/03/96 construction; curb and gutter construction; pavement construction; backfilling; and restoration. AHTD work is presently scheduled to begin in October, 1996. However, ' Contractor should be aware that this schedule is subject to change, and AHTD may in fact begin its construction at any time that Contractor is completing the Work under this contract. ' B. Work by Arkansas Western Gas will in general consist of: construction of new gas lines both inside and outside AHTD right-of-way; abandonment in place and partial ' removal of existing gas lines; relocation of gas meters; connection of services to the new gas lines; restoration of disturbed areas. The schedule for gas company work is not known at this time. Contractor must be prepared to work simultaneously with Arkansas Western Gas or its contractor, and for the possibility that all gas lines will have been relocated prior to start of the Work under this contract. In that case, gas lines shown as "proposed" on the Drawings would be "existing". ' C. Work by SWEPCO will in general consist of: installation of new power poles and cables; transfer of services to new electric line; removal of existing cables and power ' poles; and restoration. The schedule for SWEPCO work is unknown. SWEPCO will be coordinating their schedule with other utilities that may be co -located on SWEPCO power poles. Contractor must be prepared to work simultaneously with ' SWEPCO or its contractor, and for the possibility that all SWEPCO work will be finished prior to start of Work under this contract. In that case, additional power poles not shown on the Drawings may be in place and poles shown as "existing" on ' the Drawings may in fact be removed. D. Work by Southwestern Bell will in general consist of: installation of above ground and below ground telephone lines; transfer of services to new telephone lines; and abandonment and partial removal of existing telephone facilities. The schedule for Southwestern Bell work is unknown. Contractor must be prepared to work ' simultaneously with Southwestern Bell or its contractor, and for the possibility that all telephone system construction may be completed prior to the start of Work under this contract. In that case, there may be additional telephone system installations in place that are not shown on the Drawings, and telephone systems designated as "existing" on the Drawings may or may not be as shown. ' E. Work by TCA Cable Television will in general consist of: installation of new cable TV cables on new power poles installed by SWEPCO; transfer of services to the new cables; and removal of existing cables. The schedule for TCA work is unknown. Contractor must be prepared to work simultaneously with TCA and its contractor, and for the possibility that all cable TV system construction may be completed prior to ' the start of Work under this contract. In that case, there may be additional telephone system installations in place that are not shown on the Drawings, and telephone systems designated as "existing" on the Drawings may or may not be as shown. F. Owner will provide and install water meters. I CE! Project 10963 Page 01010-2 I 04/03/96 ' 1.5 CONTRACTOR'S USE OF PREMISES A. Contractor will be limited to the areas obtained as easements along the proposed route, to the AHTD right-of-way, and to other areas designated by Owner. Coordination with other agencies, such as the AHTD, Arkansas Western Gas, Southwestern Bell, SWEPCO, TCA Cable, and the City of Fayetteville will be required. U. B. AHTD may or may not have completed the acquisition of all new right-of-way when the Work under this contract is required to start. In that case, Owner will be responsible for securing temporary construction easements from property owners to ' allow Work to continue. C. Contractor may obtain additional construction easements from property owners for Contractor's convenience. D. No work shall begin until all agency approvals, easements, and required permits are ' obtained. 1.6 WORK SEQUENCE A. Identify and locate all underground and above ground- utilities in the areas along the proposed pipeline routes. ' B. Coordinate with other utilities and/or their contractors to provide orderly sharing of the site and schedule of activities to best continue the progress of the Work. ' C. Establish schedules and work areas for construction and installation of water lines, sewer lines, fire hydrants, water meter relocations, switching of water and sewer services, and abandonment of designated facilities. D. Construct water and sewer improvements, successfully test installed facilities, and ' switch services. E. Replace existing surface materials in streets, driveways, and entrances destroyed ' during construction of improvements. ' F. Perform designated partial removal of abandoned water and sewer lines and site restoration. I I CEI Project 10963 Page 01010-3 I I ['MI 1101.1 ' Section 01025 'MEASUREMENT AND PAYMENT Part 1 - GENERAL 1.1 SECTION INCLUDES: IA. Delineation of measurement and payment criteria applicable to Unit Price Work, whether the unit price items are part of a unit price contract or are part of a Stipulated Price contract. B. Defect assessment and'non-payment for rejected work. 1.2 AUTHORITY A. Measurement methods are delineated for each individual bid item, or for a group of 'similar items, under this section. ' B. Engineer will take all measurements and compute quantities accordingly. C. Assist by providing necessary equipment, workers, and survey personnel as required. 1.3 UNIT QUANTITIES SPECIFIED IA. Quantities and measurements indicated in the Bid Form are for bidding and contract purposes only. Quantities and measurements supplied or placed in the Work and verified by Engineer shall determine payment. ' B. If the actual Work requires more or fewer quantities than those quantities indicated, provide the required quantities at the unit prices contracted. 1.4 MEASUREMENT OF QUANTITIES IA. Measurement by Weight: Items measured by weight will use specified standard handbook weights unless otherwise specified in this section for an individual item. ' B. Measurement by Volume: Measured by cubic dimension using mean length, width and height or thickness with survey chain or a steel tape. C. Measurement by Area: Measured by square dimension using mean length and width or radius, with survey chain or steel tape. ' D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. CEI Project 10963 Page 01025-1 06/11/96 E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by Engineer. ' 1.5 PAYMENT IA. Payment Includes: Full compensation for required labor, Products, tools, equipment, plant, transportation, services and incidentals; erection, application or installation of an item of the Work; overhead and profit. B. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities accepted by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.6 DEFECT ASSESSMENT ' A. Replace the Work, or portions of the Work, not conforming to specified requirements. ' B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer will direct that the defective Work will be repaired to the satisfaction of Engineer, and the unit price will be adjusted to a new price at the discretion of Engineer. C. The authority of Engineer to assess the defect and identify payment adjustment is final. 1.7 NON-PAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable. ' 2. Products determined as unacceptable before or after placement. 3. Products not completely unloaded from the transporting vehicle. 4. Products placed beyond the lines, levels or boundaries of the required Work. 5. Products remaining on hand after completion of the Work. 6. Loading, hauling and disposing of rejected Products. 1.8 INCIDENTAL ITEMS A. General - Items indicated as incidental to a particular payment item are considered an ' integral part of that payment item, and will not be measured or considered in determining payments. I B. Safety - Safety is considered as incidental to every payment item, except for excavation safety, which is a separate bid item. C. Testing - Testing of installed work required by the specifications to be completed by Contractor is incidental to any item included in the unit or system being tested. CEI Project 10963 Page 01025-2 I 06/11/96 Retesting after corrective action to Work initially found to be defective is incidental to the item. D. Mobilization - mobilization, clean-up, project closeout, project record documents, and all costs not directly mentioned in this section are considered as incidental to the Work. E. Excess Excavation - Excess excavation is generally incidental to the payment item, except where Engineer has indicated that an excavation be expanded due to subsurface 1 conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or walls, where dewatering or shoring would be suitable to correct trench conditions, will not be paid. Excess excavation includes backfilling with approved material as specified or as indicated on the Drawings. 1.9 BID ITEMS ' A. Ductile -Iron Water Pipe I1. Description - Furnish and install ductile -iron pipe for water service, including trenching, bedding, laying, jointing and backfilling. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, bedding, polyethylene wrapping, traffic control, dressing, seeding, utility crossing markers, and equipment, labor, and materials necessary to complete the work. 3. Related Items a. Ductile -iron fittings will be paid for separately. b. Pipe leads for fire hydrants will be paid for as part of the fire hydrant ' unit price. c. Street and drive surface repair will be paid for separately. 4. Units and Measurement - Payment shall be at the unit price per linear foot of ' ductile -iron water pipe in place and accepted by Engineer measured from center to center of fittings and valves to the nearest foot. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. B. PVC Water Pipe 1. Description - Furnish and install PVC pipe for water service, including trenching, backfill, bedding, traffic control, dressing, seeding, and equipment, labor, and materials necessary to complete the work. ' 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, bedding, trace wire, traffic control, dressing, seeding, utility crossing markers, and equipment, labor, and materials necessary to complete the work. 3. Related Items a. Ductile -iron fittings to be used with PVC water pipe will be paid ' separately. b. Pipe leads for fire hydrants will be paid for as part of the fire hydrant ICEI Project 10963 Page 01025-3 I 06/11/96 unit price. c. Street and drive surface repair will be paid for separately. ' 4. Units and Measurement - Payment shall be at the unit price per linear foot of PVC water pipe furnished and in place, and accepted by Engineer measured from center to center of fittings and valves to the nearest foot. I5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. • ' C. Ductile -Iron Fittings 1. Description - Installation of tees, bends, caps and other ductile -iron fittings as indicated on the Drawings. ' 2. Incidental Items - Incidental items include excavation, including rock excavation, reaction blocking, backfill, bedding, polyethylene wrapping, pipe connections, and all equipment, labor, and materials necessary to complete the work. 3. Related Items a. Ductile -iron and PVC pipe are paid for under separate items. ' b. Fittings in fire hydrant assemblies and tapping sleeves are paid for under separate items. ' c. Street and drive cut and repair is paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price per pound of fittings furnished and installed, and accepted by Engineer. Weight of fittings shall be determined from the weights shown in AWWA C153 and does not include accessory weight. 5. Partial Payment Provisions - Partial payment will be made for materials on site ' but not yet incorporated into the work, as approved by Engineer. D. Butterfly Valve and Box I1. Description - Installation of butterfly valve and box with cover as indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, bedding, polyethylene wrapping, pipe connections, concrete pad, restoration, and equipment, labor, and materials necessary to complete the work. ' 3. Related Items - Ductile -iron and pipe will be paid for separately. 4. Units and Measurement - Payment shall be at the unit price per each butterfly valve and valve box assembly installed and accepted by Engineer. '• 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. ' E. Gate Valve and Box 1. Description - Installation of gate valve and box with cover as indicated on the Drawings. ' 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, bedding, polyethylene wrapping, pipe connections, ICEI Project 10963 Page 01025-4 I 06/11/96 ' concrete pad, and equipment, labor, and materials necessary to complete the work. ' 3. Related Items - Ductile -iron and PVC pipe will be paid for separately. Valves in tapping sleeve assemblies and fire hydrant assemblies are not included under this item. ' 4. Units and Measurement - Payment shall be at the unit price per each gate valve and valve box assembly installed, and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on -site ' but not yet incorporated into the work, as approved by Engineer. F. Combination Air/Vacuum Valve and Manhole Ii. Description - Furnish and install combination air/vacuum valve in concrete manhole with cover as indicated on the Drawings. 2. Incidental Items - Excavation, including rock excavation, backfill, bedding, pipe ' tap, restoration, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Ductile -iron pipe and PVC pipe are paid under separate items. Street and drive cut and repair are paid under separate items. 4. Units and Measurement - Payment shall be at the unit price per each air/vacuum valve and manhole assembly furnished and installed, and accepted ' by Engineer. 5. Partial Payment Provisions - Partial payment will be made for the air/vacuum valves delivered to the site but not yet incorporated into the work. No partial 'payment will be made for any part of the manhole. G. Tapping Sleeve, Valve and Box 1. Description - Furnish and install tapping sleeve assembly and make the tap. 2. Incidental Items - Incidental items include excavation, including rock I. excavation, backfill, bedding, pipe connections, polyethylene wrap, concrete valve box pad, restoration, and equipment, labor, and materials necessary to complete the work. ' 3. Related Items - Ductile -iron pipe and ductile -iron fittings are paid for in other items. 4. Units and Measurement - Payment shall be at the unit price per each tapping ' sleeve, valve, and box assembly furnished and installed, and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. H. Fire Hydrant Assembly ' 1. Description - Furnish and install complete fire hydrant assembly including lead piping, and auxiliary valve assembly. 2. Incidental Items - Incidental items include excavation, including rock excavation, valve assembly, concrete thrust blocking, gravel, polyethylene wrapping, restoration, and equipment, labor, and materials necessary to CE! Project 10963 Page 01025-5 E I 06/11/96 I I I I I I [1 I I I fl LEI I Li complete the work. 3. Related Items - Water main tee and connecting pipe are paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price per fire hydrant assembly furnished and installed, and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. I. Steel Casing for New Water Line 1. Description - Furnish and install a steel casing assembly for new water pipes in the locations and according to the details indicated on the Drawings. 2. Incidental Items - Excavation, casing materials, all other materials called for according to the details, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Ductile -iron and PVC pipe installation are paid for under separate items. Street and drive repair is paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price per linear foot of casing furnished and installed, and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. J. Split Steel Casing for Existing Water Line 1. Description - Furnish and install a split steel casing assembly for existing water pipes in the locations and according to the details indicated on the Drawings. 2. Incidental Items - Excavation, casing materials, protection of existing pipe, all other materials called for according to the details, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Ductile -iron and PVC pipe installation are paid for under separate items. Street and drive repair is paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price per linear foot of split steel casing furnished and installed, and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. K. Water Service Line 1. Description - Installation of water service lines from new water main to new or existing meter box. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, bedding, polyethylene wrap, restoration, and equipment, labor, and materials necessary to complete the work. 3. Related Items a. Meter boxes and lids and piping inside box are paid for under separate items. b. Piping and appurtenances inside the meter box are paid for under separate items. ICEI Project 10963 Page 01025-6 I 06/11/96 ' c. Connection of the service line to the water main is paid for under a separate item. ' d. Removal of existing meter boxes are paid for under a separate item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of water service line in place and accepted by Engineer. 5. Partial Payment Provisions - No partial payment will be made for this item. L. Meter Box with Meter Set I1. Description - Installation of water meter box, 3/4 -inch water service yoke for either a single water meter or double water meter, tapping the water main and furnishing corporation stops, in the locations and according to the details '• indicated on the Drawings. 2. Incidental Items - Incidental items include corporation stops, tapping saddles, meter box, meter box lid, meter yoke, and equipment, labor, and materials ' necessary to complete the work. 3. Related Items a. Water service piping is paid for under separate items. b. Water meters are to be furnished and installed by Owner. 4. Units and Measurement - Payment shall be at the unit price per each single meter setting installed, and accepted by Engineer. '5. Partial Payment Provisions - No partial payment will be made for this item. M. Cut and Cap Existing Water Lines ' 1. Description - Cutting existing water line and capping the end of the cut line. 2. Incidental Items - Incidental items include excavation, pipe cutting, removal of ' the pipe section, concrete capping, backfill, traffic control, restoration, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Ductile -iron and PVC water lines are paid for under separate ' items. Tapping sleeves and valves are paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price for each cutting and capping existing water lines and acceptance by Engineer. Where an ' existing water line is cut and capped in two locations opposite each other in close proximity, this will be considered two separate units. 5. Partial Payment Provisions - None. ' N. PVC Sewer Pipe 1. Description - Trenching, bedding, laying, and backfilling of PVC gravity sewer ' pipe to the grades indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, bedding, trace wire, traffic control, dressing, seeding, and ' equipment, labor, and materials necessary to complete the work. 3. Related Items a. Sewer depth greater than 6 feet is paid for as separate items. ' b. Manholes are paid for as a separate item. c. Street and drive repair is paid for as separate items. ' CEI Project 10963 Page 01025-7 I I 06/11/96 I I II I I ri I I I I I I I I 4. Units and Measurement - Payment shall be at the unit price per linear foot of PVC sewer pipe in place and accepted by Engineer. Pipe shall be measured from center to center of fittings and manholes to the nearest foot. Pipe will transition from one bid quantity depth to another based on calculated slope, rounded to the nearest '/z foot. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. O. Manhole 0 to 6 Feet Deep 1. Description - Excavation, forming, and construction of standard manhole 6' deep or less as indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, concrete, manhole ring and cover, pipe connections, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Additional depth in manholes and drop manhole connections shall be paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price per each manhole installed, and accepted by Engineer. 5. Partial Payment Provisions - None. P. Manhole Additional Depth 1. Description - Excavation, forming, and construction of additional vertical footage on manholes beyond 6 foot standard depth. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, concrete, and equipment, labor, and materials necessary to complete the work. 3. Related Items a. Manhole depth from 0 to 6 feet will be paid for under a separate item. b. Drop manhole connections shall be paid for under separate item. 4. Units and Measurement - Payment shall be at the unit price per each additional vertical foot depth of manhole over 6 feet deep installed, and accepted by Engineer. Measured from pipe invert to top of manhole ring and subtracting 6 feet. Record measurement to the nearest half foot. 5. Partial Payment Provisions - None. Q. Manhole Drop Connection 1. Description - Construction of drop manhole as indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, concrete, piping, and equipment, labor, and materials necessary to complete the work. 3. Related Items a. Manhole cost excluding the drop pipe assembly will be paid for by other item for standard manhole. b. Additional depth of manhole will be paid for separately in addition to drop manhole item. CEI Project 10963 Page 01025-8 I I I I I I I I I I I I I 1l I 06/11/96 4. Units and Measurement - Payment shall be at the unit price per each vertical foot of drop between upper and lower pipe inverts in manhole. Measured between upper and lower pipe inverts to nearest half foot. 5. Partial Payment Provisions - None. R. Remove Manholes 1. Description - Remove existing manhole in the locations and according to the details indicated on the Drawings. 2. Incidental Items - Excavation, including rock excavation, breaking and removal of manhole walls, plugging sewer lines to be abandoned, backfilling manhole according to the details, restoration, and equipment, labor, and materials necessary to complete the work. 3. Related Items - None. 4. Units and Measurement - Payment shall be at the unit price per each manhole removed and accepted by Engineer. 5. Partial Payment Provisions - None. S. 4 -inch PVC Sewer Service Pipe 1. Description - Installation of 4 -inch PVC sewer service pipe in accordance with the lines and grades indicated on the Drawings and required per site conditions. 2. Incidental Items - Incidental items include trenching, excavation, including rock excavation, backfill, PVC bends, dressing, seeding, and equipment, labor, and materials necessary to complete the work as indicated on the Drawings. 3. Related Items - Sewer service wyes paid for under a separate item. 4. Units and Measurement - Payment shall be at the unit price per liner foot of 4 - inch PVC sewer service line installed and accepted by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. T. 8 -inch by 4 -inch Sewer Wyes 1. Description - Furnish and install 8 -inch by 4 -inch sewer wye at the locations indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, including rock excavation, backfill, concrete backing, and equipment, labor, and materials necessary to complete the work as shown on the drawings. 3. Related Items - Sewer lines and sewer services are paid for under separate items. 4. Units and Measurement - Payment shall be at the unit price per each 8 -inch by 4 -inch sewer NAye furnished and installed, and accepted by Engineer. 5. Partial Payment Provisions - None. U. Extend Casing for 18 -inch Sewer Force Main 1. Description - Excavate to expose pipe, and extending existing encasement pipe using split steel casing for an 18 -inch carrier pipe. 2. Incidental Items - Incidental items include excavation, including rock I CEI Project 10963 Page 01025-9 I I I I I I L L I I I I 111 I I I 06/11/96 excavation, encasement pipe, protection of existing pipe, backfill, dressing and seeding, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Street and drive repair will be paid for as separate items. 4. Units and Measurement - Payment shall be at the unit price per linear foot of encasement pipe in place and accepted by Engineer measured to the nearest foot. 5. Partial Payment Provisions - Partial payment will be made for encasement pipe on site but not yet incorporated into the work, as approved by Engineer. V. Street and Drive Repair 1. Description - Cut existing improved street or drive surface and repair to match existing conditions, in the locations and according to the details indicated on the Drawings. 2. Incidental Items - Cutting and removal of existing improved surface, furnishing and installing of SB-2 material for the full width and depth of trench over piping, furnishing and installing surface materials to match existing, and equipment, labor, and materials required to complete the work. 3. Related Items - Pipe, fittings, and manhole installation are paid for in separate sections. 4. Units and Measurement - Measured per linear foot of trench regardless of width or depth of trench, and paid per unit completed in place and accepted by Engineer. Contractor should take into account differing trench depths and widths in preparing the Bid. 5. Partial Payment Provisions - None. W. Connection to Existing 4 -inch Sewer Service Pipe 1. Description - Connect new 4 -inch sewer service pipe to existing 4 -inch sewer service pipe. 2. Incidental Items - Incidental items include trenching, excavation, including rock excavation, backfill, dressing, seeding, and equipment, labor, and materials necessary to complete the work as indicated on the Drawings. 3. Related Items a. Sanitary sewers are paid for under separate items. b. 4 -inch sanitary sewer service pipe is paid for under a separate item. 4. Units and Measurement - Payment shall be at the unit price per each 4 -inch sewer service line connection made and accepted by Engineer. 5. Partial Payment Provisions - None. X. Connection to Existing Sanitary Sewer 1. Description - Construction of connection of a new sanitary sewer to an existing sanitary sewer, as indicated on the Drawings. 2. Incidental Items - Excavation, backfill, bedding, pipe connection, road and drive surface repair, and traffic control. 3. Related Items - Transition couplings, if required, are paid for in a separate bid item. ' CET Project 10963 Page 01025-10 I I I I L I I I I I I C I I I I 06/11/96 4. Units and Measurement - Payment at the unit price per each connection made and accepted by Engineer. 5. Partial Payment Provisions - None. Y. Remove Existing Water Meters 1. Description - Remove existing water meters and boxes and lids. 2. Incidental Items - Excavation, removal of meters and delivery to Owner personnel, removal of piping inside meter box, removal of meter box, disposal of items not delivered to the Owner, capping of existing service lines that are not utilized in the new service, backfilling and restoring the meter location, coordination of interrupting service with Owner and property owner or occupant, and furnishing equipment, labor, and materials required to complete the work. 3. Related Items a. Setting of new meter boxes and piping are paid for under "Meter Box and Meter Set." b. Water service lines are paid for under "Water Service Line." 4. Units and Measurement - Payment at the unit price per each water meter and box removed, and accepted by Engineer. 5. Partial Payment Provisions - None. Z. Remove Existing Valve Boxes 1. Description - Abandon existing water line valves in place by removing the valve box and lid and restoring the site in the locations indicated on the Drawings. 2. Incidental Items - Excavation, removal of valve box and lid, removal of extension stem (if any), backfilling, restoration, and furnishing equipment, labor, and materials required to complete the work. 3. Related Items - Removal of existing fire hydrant isolation valves are paid for as part of fire hydrant removal. 4. Units and Measurement - Payment at the unit price per each valve box and lid removed, and accepted by Engineer. 5. Partial Payment Provisions - None. AA. Remove Existing Fire Hydrants 1. Description - Remove fire hydrants and restore the site in the locations indicated on the Drawings. 2. Incidental Items - Excavation, removal of hydrant barrel and internals, removal of valve box and lid, plugging of piping to remain, backfilling, restoration, proper disposal of materials removed, and furnishing equipment, labor, and materials required to complete the work. If Owner elects to salvage any hydrants, coordination with Owner is an incidental item. 3. Related Items - Removal of other valve boxes is paid for under "Remove Existing Valve Boxes." 4. Units and Measurement - Payment at the unit price per each fire hydrant ICEI Project 10963 Page 01025-11 I I I I I I IT I J L I 06/11/96 4. Units and Measurement - Payment at the unit price per each connection made and accepted by Engineer. 5. Partial Payment Provisions - None. Y. Remove Existing Water Meters 1. Description - Remove existing water meters and boxes and lids. 2. Incidental Items - Excavation, removal of meters and delivery to Owner personnel, removal of piping inside meter box, removal of meter box, disposal of items not delivered to the Owner, capping of existing service lines that are not utilized in the new service, backfilling and restoring the meter location, coordination of interrupting service with Owner and property owner or occupant, and furnishing equipment, labor, and materials required to complete the work. 3. Related Items a. Setting of new meter boxes and piping are paid for under "Meter Box and Meter Set." b. Water service lines are paid for under "Water Service Line." 4. Units and Measurement - Payment at the unit price per each water meter and box removed, and accepted by Engineer. 5. Partial Payment Provisions - None. Z. Remove Existing Valve Boxes 1. Description - Abandon existing water line valves in place by removing the valve box and lid and restoring the site in the locations indicated on the Drawings. 2. Incidental Items - Excavation, removal of valve box and lid, removal of extension stem (if any), backfilling, restoration, and furnishing equipment, labor, and materials required to complete the work. 3. Related Items - Removal of existing fire hydrant isolation valves are paid for as part of fire hydrant removal. 4. Units and Measurement - Payment at the unit price per each valve box and lid removed, and accepted by Engineer. 5. Partial Payment Provisions - None. AA. Remove Existing Fire Hydrants 1. Description - Remove fire hydrants and restore the site in the locations indicated on the Drawings. 2. Incidental Items - Excavation, removal of hydrant barrel and internals, removal of valve box and lid, plugging of piping to remain, backfilling, restoration, proper disposal of materials removed, and furnishing equipment, labor, and materials required to complete the work. If Owner elects to salvage any hydrants, coordination with Owner is an incidental item. 3. Related Items - Removal of other valve boxes is paid for under "Remove Existing Valve Boxes." 4. Units and Measurement - Payment at the unit price per each fire hydrant ' CEI Project 10963 Page 01025-11 I LJ Li I I I I I n I E I I I I 06/11/96 AE. Clearing and Grubbing Pipeline Route 1. Description - Removal of trees, brush, stubs, roots, etc. where indicated on the Drawings or required by site circumstances. 2. Incidental Items - Disposal of removed items, filling of grub holes, and proper disposal of items cleared and grubbed. 3. Related Items - None. 4. Units and Measurement - Payment at the unit price bid per linear foot of pipeline installed, regardless of width of clearing or amount of clearing versus grubbing along the route. Limits for payment under this item shall be marked at the site and agreed to by Contractor and Engineer prior to the start of clearing and grubbing. 5. Partial Payment Provisions - None. AF. Tree Protection Barricade 1. Description - Furnish and install tree protection barricades wherever required to protect trees indicated to remain. 2. Incidental Items - Equipment, materials, labor, and maintenance of barricade in good repair for as long as the work in the vicinity continues, and removal of barricade when no longer needed. 3. Related Items - None. 4. Units and Measurement - To be paid for each barricade installed, maintained, and removed when no longer needed, as accepted by Engineer. 5. Partial Payment Provisions - None. AG. Excavation Safety 1. Description - Compliance with provisions of the Arkansas Excavation Safety Act, including management practices, construction techniques, personnel training, supervision, excavation site staffing, and other provisions required by Act 291 of 1993 and 29 CFR 1296 Subpart P. 2. Incidental Items - Any reporting required of the Contractor by Federal or State agencies is incidental. 3. Related Items - None 4. Units and Measurement - To be paid as a percentage of the amount bid, in proportion to the ratio of all other items to the total Contract Price. 5. Partial Payment Provisions - None, except as described in paragraph 4. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used END OF SECTION ' CEI Project 10963 Page 01025-13 I I I I I L I I I I I I Section 01027 APPLICATIONS FOR PAYMENT Part I - GENERAL 1.1 SUMMARY 04/15/96 A. Comply with procedures described in this Section when applying for progress payment and final payment. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, the General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. The Contract Price and the schedule for payments are described in the General Conditions. 3. Payments upon Substantial Completion and Final Completion of the Work are described in the General Conditions and in Section 01700 of these Specifications. 4. Engineer's approval of applications for progress payment and final payment may be contingent upon Engineer's approval of status of Project Record Documents as described in Section 01720 of these Specifications. 1.2 QUALITY ASSURANCE A. Prior to start of construction, Contractor shall secure Engineer's approval of the schedule of values required to be submitted under Paragraph 2.9 of the General Conditions, and further described in Section 01370 of these Specifications. ' B. During progress of the Work, Contractor shall modify the schedule of values as approved by Engineer to reflect changes in the Contract Price due to Change Orders or other Modifications. ' C. Contractor shall base requests for payment on the approved schedule of values. ' 1.3 FORMAT A. Contractor shall submit a request for payment by filling in the agreed data, by ' typewriter or neat lettering in ink, on "Application for Payment" form provided by Engineer, plus continuation sheet or sheets. ' CEI Project 10963 Page 01027-1 I I I I I I I 04/15/96 1.4 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. B. Contractor shall date and sign the Application for Payment in ink. C. List each authorized Change Order as an extension on continuation sheet, listing Change Order number and dollar amount as for an original item work. 1.5 SUBMITTAL PROCEDURES A. Contractor shall submit the original of the Application for Payment, plus two identical copies including continuation sheet(s) to Engineer. B. Engineer shall review submittal and, either: 1. Return the Application for Payment to Contractor indicating in writing the reasons for refusing to recommend payment. Contractor shall re -submit revised Application For Payment. 2. Engineer will sign the Application for Payment and present to Owner for payment. C. Owner shall review Application for Payment and either: 1. Give immediate notice of any portions of the recommended amounts withheld from payment in accordance with the General Conditions paragraphs 14.7.5 - 14.7.8. 2. Sign Application For Payment and make disbursement to Contractor. D. Engineer will distribute signed copies of Application for Payment to Contractor, Owner and Engineer's file. Additional copies of Application for Payment will be distributed by Engineer to the appropriate funding agency or agencies, if required. 1.6 SUBSTANTIATING DATA A. If payment request is for materials and for equipment, or when Engineer requires substantiating information, Contractor shall also submit copies of invoices or documentation as set forth in paragraph 14.2 of the General Conditions. B. Provide one copy of data with cover letter for each copy of submittal. Show application number and date, and line item by number and description. CEI Project 10963 Page 01027-2 I LJ I Section 01035 MODIFICATION PROCEDURE Part 1 - GENERAL 4/ 3/96 1.1 SUMMARY IA. This section describes steps to make changes in the Work, Contract Price, Contract Times, or any combination thereof, as are described in written Change Orders signed by Owner, Contractor, and Engineer and issued after execution of the Agreement, and in other instruments of change as described herein in accordance with the provisions of this Section. Section includes: 1. 2. 3. 4. ' 5. 6. 7. 1 8. Documentation of change in Contract Price and Contract Time. Change procedures. Work Change Directive. Stipulated Price Change Order. Unit price change order. Time and material change order. Execution of Change Orders. Correlation of Contractor submittals. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily ' limited to, General Conditions, Supplementary Conditions, and Sections in Division I of these Specifications. 2. Changes in the Work are described further in the General Conditions. ' 3. Section 01027 - Applications for Payment. 4. Section 01700 - Project Record Documents. ' 1.2 QUALITY ASSURANCE A. Take such measures needed to assure familiarity of Contractor's staff and employees ' with the procedures outlined in this section for processing Change Order data. ' B. Submit name of the individual authorized to receive change documents, and be responsible for informing others in Contractor's employ or Subcontractors of changes to the Work. 1.3 FORMAT ' A. Change Order Form: EJCDC 1910-8-B. B. Work Change Directive Form: EJCDC 1910-F. ' CEI Project 10963 Page 01035-1 I I I L II 4/ 3/96 C. Field Order Form: Engineer's letter. 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME. A. Maintain detailed records of work done on a time and material basis. Provide full information required for evaluation of proposed changes, and to substantiate costs of changes in the Work. B. Document each quotation for a change in cost or time with sufficient data to allow evaluation of the quotation. IC. On request, provide additional data to support computations: I I n L I LI Li L I 1. Quantities of products, labor, and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit. 4. Justification for any change in Contract Time. 5. Credit for deletions from the Work, similarly documented. D. Support each claim for additional costs, and for work done on a time and material ,basis, with additional information: 1. Origin and date of claim. 2. Dates and times work was performed, and by whom. 3. Time records and wage rates paid. 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented. 1.5 FIELD ORDER A. Engineer will authorise, in writing, minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Paragraph 9.5 of the General Conditions by issuing a Field Order. 1.6 WORK CHANGE DIRECTIVE A. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. I. B. The Work Change Directive will describe changes in the Work, and will designate method of determining any change in Contract Price or Contract Time. IC. Promptly execute the change in Work. ICEI Project 10963 Page 01035-2 I ' 4/ 3/96 1.7 STIPULATED PRICE CHANGE ORDER A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations. ' 1.8 UNIT PRICE CHANGE ORDER A. For pre -determined unit prices and quantities, Change Order will be executed on a ' fixed unit price basis. B. For unit costs or quantities of units of work which are not pre -determined, execute Work under a Work Change Directive, or or based on negotition and an executed Change Order. 1.9 TIME AND MATERIAL CHANGE ORDER A. Submit itemized account and supporting data after completion of change, within time limits indicated in the General Conditions. B. Engineer will determine the change allowable in Contract Price and Contract Time as provided in the Contract Documents. IC. Maintain detailed records of work done on time and material basis. D. Provide full information required for evaluation of proposed changes, and to substantiate costs for changes in the Work. 1.10 EXECUTION OF CHANGE ORDERS A. Engineer will provide Change Order forms for signatures of parties as provided in the General Conditions in the number of copies inidicatd in the Supplementary Conditions. 1.11 CORRELATION OF CONTRACTOR SUBMITTALS A. Promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. IB. Promptly revise progress schedules to reflect any change in Contract Time, revise : sub -schedules to adjust time for other items of work affected by the change, and resubmit. C. Promptly enter changes in Project Record Documents. I CEI Project 10963 Page 01035-3 r I I I I Section 01040 COORDINATION AND MEETINGS Part 1 - GENERAL 1.1 SUMMARY 03/30/96 A. This Section expands upon requirements regarding coordination, conferences and meetings, described to permit direct reference from individual product specification Sections. 1 1. Coordination 1 2. Preconstruction conference I Ii I II I I I I 3. Progress meetings 1.2 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to General Conditions, Supplementary Conditions, and Section in Division 1 of these Specifications. 1.3 COORDINATION A. Coordinate construction activities with other contractors working in the same vicinity on other projects. It is anticipated that other utilities may be relocated during the same time, in the same area as this project. B. The Contractor, on the basis of the schedule and progress meetings shall notify the appropriate property owners of trenching, pipe laying, cleanup, or other activities scheduled to occur on, or adjacent to, their property during the coming week. The individual property owner, or tenant thereof, shall be notified at least 48 hours in advance of occupying, storing materials on, or performing work on any right-of- way or easement. It shall be the responsibility of the Contractor to provide a minimum of 72 hours advance notice to the Engineer, Traffic department, Police Department, and Fire Department prior to cutting or blocking any public street or roadway. All planned interruptions of water service shall be coordinated with the Engineer and the Fayetteville Water department. A minimum of 48 hours notice shall be required. Service interruptions, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and 5:00 p.m. and shall be limited to a maximum time of 4 hours for each individual meter unless specifically approved otherwise. ICEI Project 10963 Page 01040-1 I I I I HI I I I Li I 03/30/96 C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to assure efficient and orderly sequence of installation of interdependent construction elements with provisions for accommodating items installed later. D. Verify that utility requirement characteristics of operating equipment are compatible with existing utilities. Coordinate work of various Sections having interdependent responsibilities for installing, connecting to, and placing in service such equipment. E. Coordinate completion and clean up of Work of separate Sections in preparation for Substantial Completion. F. After Owner occupancy of premises, coordinate access to site for correction of defective Work and Work not in accordance with Contract Documents, to minimize disruption of Owner's activities. 1.4 PRECONSTRUCTION CONFERENCE A. Engineer will schedule a conference within 20 days after the Contract Times start to run, but before any Work at the site is started. B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor. C. Agenda: 1. Distribution of executed Owner -Contractor Agreement. 1 2. Submission of executed bonds and insurance certificates. I I I I I 3. Distribution of Contract Documents. 4. Submission of list of Subcontractors, list of products, Schedule of Values, and proposed schedule. 5. Designation of personnel representing the parties in Contract, and the Engineer. 6. Procedures and processing of field decisions, shop drawings, submittals, substitutions, applications for payments, Change Orders and Contract closeout procedures. 7 Construction schedule, including sequence of critical work. ICEI Project 10963 Page 01040-2 03/30/96 8. Channels and procedures for communication. 9. Rules and regulations governing performance of the Work. 10. Procedures for safety and first aid, security, quality control, and related matters. 1.5 PROGRESS MEETINGS A. Schedule and administer meetings throughout progress of the Work beginning at weekly intervals or as determined by Engineer. B. Make arrangements for meetings, prepare agenda with copies for participants, preside at meetings, record minutes, and distribute copies within two days to Engineer, Owner, participants, and those affected by decisions made. C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner, Engineer, and others as appropriate to agenda topics for each meeting. D. Agenda: 1. Review minutes of previous meetings. 2. Review of Work progress. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of submittals schedule and status of submittals. 6. Review of off -site fabrication and delivery schedules. 7. Maintenance of progress schedule. 8. Corrective measures to regain projected schedules. 9. Planned progress during succeeding work period. 10. Coordination of projected progress. 11. Maintenance of quality and work standards. 12. Effect of proposed changes on progress schedule and coordination. CE! Project 10963 Page 01040-3 03/30/96 Section 01051 CONSTRUCTION SURVEYS Part 1 - GENERAL 1.1 SUMMARY A. This Section defines staking services that Engineer will furnish, and sets forth responsibilities of Contractor regarding the use and maintenance of same. B. Related Work: Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. C. Definitions 1. "Control Stakes" are the original reference points set by the Engineer for the construction work. 2. "Construction Staking" is an additional staking required as the project progresses which is the responsibility of the Contractor. 1.2 REQUIREMENTS A. Engineer shall provide the following staking: 1. Set temporary bench marks. 2. Set baseline staking. 3. Reset stakes found to be in error. B. Contractor shall provide the following staking: 1. All construction staking except as provided by Engineer above. 2. Reset stakes, marks or pins lost due to Contractor's operations. 1.3 CONTROL STAKING A. Notification 1. Notify Engineer, in writing, at least five days in advance of the date when control staking services are desired. 2. Engineer shall provide control staking. B. Checking Stakes CEI Project 10963 Page 01051-1 03/30/96 1. Examine stakes before commencing operations. 2. Notify Engineer, if validity of any control stake is questionable. 3. Engineer will check stake or stakes in question. 4. Any control stakes found to be in error will be reset by the Engineer. 5. If stakes are valid, Contractor shall pay for cost of checking stakes. C. Preservation of Stakes 1. Contractor shall inform his employees, subcontractors and vendors of importance of control stakes and the necessity of their preservation. 2. Contractor shall pay for resetting any control stakes, marks, or pins lost due to Contractor's operations. 1.4 CONSTRUCTION STAKING A. Provide all construction staking as needed to complete the Work. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used END OF SECTION CEI Project 10963 Page 01051-2 3/30/96 Section 01060 REGULATORY REQUIREMENTS Part 1 - GENERAL 1.1 SECTION INCLUDES: A. Listing of certain applicable local, state, and federal regularity requirements applicable to the project. B. Discussion of specific implementation of certain regulatory requirements. 1.2 NOT INCLUDED: A. Comprehensive listing of applicable local, state, and federal regulatory requirements applicable to the project. B. Reference to or listing of applicable safety standards. 1.3 RELATED SECTIONS A. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. B. Section 01090 - Reference Standard: applicable consensus standards. C. Specific Sections of this Specification include additional requirements of local, state, and federal regulatory requirements. 1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. 1.5 FAYETTEVILLE WATER AND SEWER STANDARDS A. Available from the City of Fayetteville Water and Sewer Department in draft, unapproved form; should be obtained by Contractor and referred to as applicable. CEI Project 5229 Page 01060-1 I U 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION A. Construction standards as listed in individual Specification Sections. 1.7 ARKANSAS DEPARTMENT OF HEALTH 3/30/96 IA. Project has been submitted to ADOH for approval with applicable design standards. I L I I Li I Ii I B. Do not deviate from ADOH approved Drawings and Specifications without approval of Engineer. C. Deviations requested by Contractor which require re -submittal to ADOH - Contractor will reimburse Owner for cost of re -submittal and obtaining approval. 1.8 NPDES STORM WATER DISCHARGE PERMIT A. NPDES Permit - Apply to the State of Arkansas for storm water discharges during construction at this site to be covered by General NPDES Permit No. ARR10A000. This application includes filing a Notice of Intent (NOI) and preparing a Storm Water Pollution Prevention Plan. B. Permit Activities: Manage the discharge of storm water from the project areas in accordance with the NPDES permit and the following provisions. 1. Minimum requirements for storm water construction permit compliance. Contractor will develop and place in field office file a storm water pollution prevention plan (Plan) for this construction site. The objective of this Plan is to identify all potential pollution sources on -site, and, devise management and physical measures which reduce pollution and prevent such pollution from leaving the permit site. Plan shall include methods and timing for prevention of storm water pollution by the construction process, equipment and materials. This includes a description of both structural and non-structural control measures. Plan shall include flow diversion, erosion control, sediment containment, and re -vegetation consistent with the specified work and the storm water permit. Plan shall specify the Contractor's supervisory personnel who shall conduct the required inspections of the site and control facilities and who shall file the written reports for each such inspection. ICEI Project 5229 Page 01060-2 I i - 3/30/96 ' Plan shall require such inspection of the control facilities after each rain of 0.5 inches per day as specified in the permit. Such inspections are of particular importance in evaluating control structures and non-structural methods or procedures. Failure or ineffectiveness of control measures or procedures must be documented with corrective actions specified. 2. Conduct sampling and analysis of storm water run-off in accordance with the NPDES permit and the following provisions. Analysis shall be performed by a laboratory approved by Owner. 3. Complete compliance reports required by the permit in a timely manner and ' provide Owner with copies of all data on storm water management activities and monitoring. IC. Permit Compliance: Conduct storm water management practices in accordance with the permit. Contractor shall be responsible for any enforcement action taken or imposed by federal or state agencies, including the cost of fines, construction delays, and remedial actions, resulting from Contractor's failure to comply with the permit provisions. ' Monitor the suitability of the designated management practices to achieve the storm water quality provisions of the permit, and notify Engineer of the any changes made Ito management practices. If changes are ordered by Engineer, an adjustment in Contract Price shall be ' considered in accordance with the General Conditions. However, Contractor's failure to monitor or report deficiencies to Owner will result in Contractor being liable for fines and construction delays resulting from any federal or state agency enforcement action. ' Part 2 - PRODUCTS Not Used Part 3- EXECUTION ' Not Used. - END OF SECTION ICEI Project 5229 Page 01060-3 I 04/03/96 Section 01090 REFERENCE STANDARDS AND ABBREVIATION Part 1 GENERAL 1.1 SECTION INCLUDES A. A listing of organizations providing reference standards referenced in the Specifications. B. Information on the use of reference standards. C. A listing of abbreviations used throughout the Contract Documents. 1.2 RELATED SECTIONS General Conditions, Supplementary Conditions 1.3 SCHEDULE OF REFERENCES A. AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 B. ACI American Concrete Institute Box 19150 Redford Stations Detroit, MI 48219 C. AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 D. Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 _ CEI Project 10963 Page 01090-1 04/03/96 E. ANSI American National Standards Istitute 1430 Broadway New York, NY 10018 F. ASPA American Sod Producers Association 4415 West Harrison Street Hillside, IL 60612 G. ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 H. AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 I. CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 J. EJCDC Engineers' Joint Contract Documents Committee American Consulting Engineers Council 1015 15th Street, N.W. Washington, DC 20005 K. FS Federal Specifications General Services Administration, Specifications and Consumer Information Distribution Section (WFSIS) Washington Navy Yard, Building 197 Washington, DC 20407 L. MIL Military Specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 M. PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 CEI Project 10963 Page 01090-2 04/03/96 N. UL Underwriters' Laboratories, Inc. 333 Pfringston Road Northbrook, IL 60062 1.4 ABBREVIATIONS Whenever the following abbreviations and acronyms are used, they shall have the corresponding meaning as follows. AGA - American Gas Association AHTD - Arkansas Highway and Transportation Department ASHTD - Arkansas Highway and Transportation Department AISC - American Institute of Steel Construction APA - American Plywood Association ASA - American Standards Association AWG - American Wire Gage AWPA - American Wood Products Association AWS - American Welding Society GSA - General Services Administration, U.S. Government NHBA - National Builders Hardware Association NEC - National Electric Code NEMA - National Electric Manufactures Association NFPA - National Fire Protection Association NPT - National Pipe thread SBC - Standard Building Code (also SSBC) SPA - Southern Products Association A - Ampere cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R - motor starter relay CEI Project 10963 Page 01090-3 n 03/30/96 ' Section 01300 SUBMITTALS Part 1 - GENERAL ' 1.1 SUMMARY A. This Section expands upon requirements regarding administrative and procedural requirements for submittals of progress schedules, shop drawings, product data, samples, manufacturer's instructions, and manufacturer's certificates. ' B. Related Work: 1. Section 01370 - Schedule of Values. 2. Section 01400 - Quality Control: Manufacturers' field services and reports. ' 3. Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates, and closeout submittals. ' 1.2 SUBMITTAL PROCEDURES A. Transmit each submittal with form accepted by Engineer. B. Sequentially number the transmittal forms. Re -submittals to have original number with an alphabetic suffix. C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail number(s), and specification Section number, as appropriate. D. Apply Contractor's stamp, signed or initialled certifying that review, verification of Products required, field dimensions, adjacent construction Work, and coordination of information, is in accordance with the requirements of the Work and Contract Documents. E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate submission of related items. F. Identify variations from Contract Documents and Product or system limitations which may be detrimental to successful performance of the completed Work. I I CEI Project 10963 Page 01300-1 03/30/96 G. Provide space for Contractor and Engineer review stamps. H. Revise and resubmit submittals as required, identity all changes made since previous submittal. I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly report any inability to comply with provisions. 1.3 CONSTRUCTION PROGRESS SCHEDULES A. Submit initial progress schedule in duplicate within 15 days after date of Owner - Contractor Agreement for Engineer review. B. Update in accordance with Section 01310 and resubmit with each pay request. C. Submit a horizontal bar chart with separate line for each major section of Work or operation, identifying first work day of each week. D. Show complete sequence of construction by activity, identifying Work of separate stages and other logically grouped activities. E. Indicate estimated percentage of completion for each item of Work at each submission. F. Indicate submittal dates required for shop drawings, product data, and samples. 1.4 SHOP DRAWINGS A. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects of the item and its method of connection to the Work. C. Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. 1. Partial submittals may be rejected as not complying with the provisions of the Contract. 2. The Contractor may be held liable for delays so occasioned. D. Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and re -submittals, and for placing orders and securing delivery. CEI Project 10963 Page 01300-2 03/30/96 E. In scheduling, allow at least ten working days for review by the Engineer following the Engineer's receipt of the submittal. F. Submittal log: 1. Maintain an accurate submittal log for the duration of the Work, showing current status of all submittals at all times. 2. Make the submittal log available to the Engineer for the Engineer's review upon request. G. After review distribute in accordance with Article on Procedures above and for Record Documents described in Section 01700 - Contract Closeout. 1.5 PRODUCT DATA A. Submit the number of copies which the Contractor requires, plus two copies which will be retained by the Engineer. B. Mark each copy to identify applicable products, models, options, and other data. Supplement manufacturers' standard data to provide information unique to this Project. C. After review, distribute in accordance with Article on Procedures above and provide copies for Record Documents described in Section 01700 - Contract Closeout. 1.6 SAMPLES A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with integral parts and attachment devices. Coordinate sample submittals for interfacing work. B. Submit samples of coatings or finishes for Engineer's selection. C. Include identification on each sample, with full product information. D. Submit the number or samples specified in individual specification Sections; one of which will be retained by Engineer. E. Reviewed samples which may be used in the Work are indicated in individual specification Sections. 1.7 MANUFACTURER'S INSTRUCTIONS A. When specified in individual specifications Sections, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and CE! Project 10963 Page 01300-3 03/30/96 finishing, in quantities specified for Product Data. B. Identify conflicts between manufacturers' instructions and Contract Documents. 1.8 MANUFACTURER'S CERTIFICATES A. When specified in individual specification Sections; submit manufacturers' certificate to Engineer for review, in quantities specified for Product Data. B. Indicate that material or product conforms to or exceeds specified requirements. Submit supporting reference data affidavits, and certifications as appropriate. C. Certificates may be recent or previous test results on material or Product, but must be acceptable to Engineer. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used END OF SECTION CE! Project 10963 Page 01300-4 I I ' Section 01410 TESTING LABORATORY SERVICES Part 1 - GENERAL 1 1.1 SUMMARY 09/11/95 A. This Section describes testing and inspecting to be provided by Contractor, plus cooperation required from Contractor with Owner's selected testing agency and others responsible for testing and inspecting the Work. B. Related work: I1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. ' 2. Requirements for testing may be described in various Sections of these Specifications. 3. Where no testing requirements are described, but Owner decides that testing is ' required, Owner may require such testing to be performed under current pertinent standards for testing. Payment for such testing will be made as ' described in this Section. C. Work not included: Selection of testing laboratory: Owner will select a pre -qualified independent testing laboratory. 1.2 QUALITY ASSURANCE A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM E 329. ' B. Testing, when required, will be in accordance with all pertinent codes and regulations, and with selected standards of the American Society for Testing and Materials. 1.3 DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620. B. Promptly process and distribute required copies of test reports and related instructions to assure necessary re -testing and replacement of materials with the least possible delay in progress of the Work. ICEI Project 10963 Page 01410-1 09/11/95 Part 2 - PRODUCTS 2.1 PAYMENT FOR TESTING A. Initial services of testing laboratory: 1. Owner will pay for initial services requested by Owner. 2. When initial tests indicate non-compliance with the Contract Documents, the costs of all tests associated with that non-compliance will be deducted by Owner from the Contract Price. B. Retesting: When initial tests indicate non-compliance with the Contract Documents, subsequent retesting occasioned by the non-compliance shall be performed by the same testing agency, and costs thereof will be deducted by Owner from the Contract Price. 2.2 CODE COMPLIANCE TESTING A. Inspections and tests required by codes or ordinances, or by a plan approval authority, and which are made by a legally constituted authority, shall be the responsibility of and shall be paid for by Contractor, unless otherwise provided in the Contract Documents. 2.3 CONTRACTOR'S CONVENIENCE TESTING A. Inspecting and testing performed exclusively for Contractor's convenience shall be the sole responsibility of Contractor. Part 3 - EXECUTION 3.1 COOPERATION WITH TESTING LABORATORY A. Representatives of the testing laboratory shall have access to the Work at all times and at all locations where the Work is in progress. Provide facilities for such access to enable the laboratory to perform its functions properly. 3.2 TAKING SPECIMENS A. Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall be taken by testing personnel. Sampling equipment and personnel will be provided by the testing laboratory. Deliveries of specimens and samples to the testing laboratory. I ' CE! Project 10963 Page 01410-2 09/11/95 3.3 SCHEDULES FOR TESTING A. Establishing schedule: 1. By advance discussion with the testing laboratory selected by Owner, determine the time required for the laboratory to perform its tests and to issue each of its findings. 2. Provide all required time within the construction schedule. B. Revising schedule: When changes of construction schedule are necessary during construction, coordinate all such changes with the testing laboratory as required. C. Adherence to schedule: When the testing laboratory is ready to test according to the established schedule, but is prevented from testing or taking specimens due to incompleteness of the Work, all extra charges for testing attributable to the delay may be back -charged to Contractor and shall not be borne by Owner. END OF SECTION I I I I I I I ICE! Project 10963 Page 01410-3 03/30/96 Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part 1 - GENERAL i aiji 1TUC% v A. This Section describes construction facilities and temporary controls required for the Work. B. Related work: I. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Except that equipment furnished by subcontractors shall comply with requirements of pertinent safety regulations, such equipment normally furnished by the individual trades in execution of their own portions of the Work are not part of this Section. 3. Permanent installation and hookup of the various utility lines are described in other Sections... - 1.2 REQUIREMENTS A. Provide construction facilities and temporary controls needed for the Work including, but not necessarily limited to: 1. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary facilities. 2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water control. 3. Construction Facilities: 4. Project sign, if required. Access roads and temporary buildings. 1.3 DELIVERY, STORAGE, AND HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. CEI Project 10963 Page 01500-1 03/30/96 Part 2 - PRODUCTS P#tly11g111*l A. Water: 1. Provide necessary temporary piping and water supply and, upon completion of the Work, remove such temporary facilities. 2. Provide and pay for water used in construction, including water used to flush and test pipelines and appurtenances. B. Electricity: 1. Provide necessary temporary wiring and, upon completion of the Work, remove such temporary facility. 2. Provide area distribution boxes so located that the individual trades may furnish and use 100 ft. maximum length extension cords to obtain power and lighting at points where needed for work, inspection, and safety. 3. Provide and pay for electricity used in construction. C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions for construction operations needed in the Work. D. Telephone: 1. Make necessary arrangements and pay costs for installation and operation of telephone service to the Contractor's office at the job site. 2. Make the telephone available to the Engineer for use in connection with the Work. E. Temporary Ventilation 1. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to prevent accumulation of dust, fumes, vapors, or gases. 2. Provide equipment as required to maintain proper ventilation construction operations. 1J i7 H F. Temporary Sanitary Facilities 1. Provide temporary sanitary facilities in the quantity required for use by all personnel. 2. Maintain in sanitary condition at all times. CEI Project 10963 Page 01500-2 I 03/30/96 2.2 BARRIERS A. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of site, and to protect existing facilities and adjacent properties from damage from construction operations and demolition. B. Provide protection for plant life designated to remain. Replace damaged plant life. C. Protect non -owned vehicular traffic, stored materials, site and structures from damage. 2.3 WATER CONTROL A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain pumping equipment. B. Protect site from puddling or running water. Provide water barriers as required to protect site from soil erosion. 2.4 PROTECTION OF INSTALLED WORK ' A. Protect installed Work and provide special protection where specified in individual specification Sections. B. Provide temporary and removable protection for installed Products. Control activity in immediate work area to minimize damage. C. Provide temporary covering at the ends of installed piping at the end of each work day to prevent entry of dirt, debris and rodents. D. Prohibit traffic on dressed and seeded areas. 2.5 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's ' operations from unauthorized entry, vandalism, or theft. 2.6 ACCESS ROADS IA. Construct and maintain temporary roads accessing public thoroughfares to serve construction area. , B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded traffic flow. ' C. Provide and maintain access to fire hydrants, free of obstructions. ' CEI Project 10963 Page 01500-3 03/30/96 2.7 PROGRESS CLEANING A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and orderly condition. B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site. 2.8 FIELD OFFICES AND SHEDS A. Contractor's facilities: 1. Provide a temporary field office building and sheds adequate in size and accommodation for Contractor's offices, supply, and storage. 2. Within the Contractor's facilities, provide enclosed space adequate for holding project meetings. Furnish with table, chairs, and utilities. B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures. 2.9 ENCLOSURES A. , Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies, warning signs, steps, platforms bridges, and other temporary constructing necessary for proper completion of the Work in compliance with pertinent safety and other regulations. B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable working conditions and protection for Products, to allow for temporary heating and maintenance of required ambient temperatures identified in individual specification Sections, and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware and locks. 2.10 TEMPORARY FENCING A. Provide and maintain for the duration of construction a temporary fence of design and type needed to prevent entry by the public onto the open excavation areas of the Work. ' B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square opening and be supported by 6 foot posts located 10 feet to 12 feet on center and imbedded 18 inches into the ground. I 1 0EI Project 10963 Page 01500-4 03/30/96 Part 3 - EXECUTION 3.1 MAINTENANCE AND REMOVAL I I 1 I 1 1 1 A. Maintain temporary facilities and controls as long as needed for safe and proper completion of the Work. B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit, or as directed by the Engineer. C. Clean and repair damage caused by installation or use of temporary work. D. Restore existing facilities used during construction to original condition. Restore permanent facilities used during construction to specified condition. CEI Project 10963 END OF SECTION Page 01500-5 06/05/96 Section 01501 SPECIAL PROPERTY REQUIREMENTS Part 1 GENERAL 1.1 Section Includes Special requirements which restrict or govern Contractor's operations on certain properties in which improvements are to be constructed. 1.2 Related Sections Part 2 PRODUCTS Not Used Part 3 EXECUTION 3.1 REQUIREMENTS Conform to the requirements which restrict or govern operations on the indicated properties that are indicated on the letters or memoranda which follow this page. END OF SECTION CEI Project 10963 Page 01501-1 FAIT TTEE J. LLE THE CITY OF FAYETTEVILLE, ARKANSAS February 8, 1996 TO: City of Fayetteville Engineering Department Consulting Engineer's: CEI Engineering Associates, Inc. Contractor FROM: City of Fayetteville, Land Agents - Mahyar Congirlu - Ed Connell RE: Wedington Drive, Fayetteville 24" Water Line CEI Project No. 10963.0 City Project No. 95019 Tract No. N-15 Easement negotiations with the property owners of Tract No. 15; Mr. and Mrs. Jerome (Jerry) Moore, who reside at 2330 Wedington Drive, Fayetteville 72701, have been concluded with the following stipulations and agreements with the City: On the West side of the driveway, two (2) 12" diameter hard Maple trees are located just inside the City water line easement and just outside the new road right of way. These two Maples are to be left standing and every reasonable precaution is to be made by the contractor to protect these existing trees. On the West side of this yard, there are presently two rows of trees, running East-West, that include the above referenced Maple trees and three other trees to the North. These rows are approximately 20 feet apart and the subject water line can be installed, possibly with some difficulty, midway between these rows of trees. The City has acquired a 20 foot wide permanent easement across this specific property, rather than the nominal 15 foot wide easement, in order to install the new line 12-14 feet North of the South easement line. This requirement - to move the line slightly to the North - should be noted by the design engineers, particularly with relation to location of the elbow scheduled to be installed on the property West of this subject property. 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501-575-8257 I City Engineering Dept. CEI Engineering Associates, Inc. ' Construction Contractor February 8, 1996 1 ' P The City has paid for the two subject Maple trees, as is the policy with any and all trees in the easement area, with the understanding that; ' a) The City, engineers and contractor will work with the property owner in order to get the system through with minimum damage to the trees. Mr. Moore has experience as a construction superintendent for the Forestry Service and is knowledgeable with respect to the requirements and procedures for the preservation of trees and root ' systems adjacent to construction projects. Mr. Moore should be • advised and consulted, in advance, of every phase of the contractor's intended activities when crossing this property. Mr. Moore is 1 accommodating, reasonable, knowledgeable and willing to work with the field personnel and should be accorded the same respect. ' b) The City will have no further (present or future) liability or responsibility relative to the subject Maple trees nor the row of trees to the north. This point has been discussed and agreed upon with ' Mr. Moore. c) During construction/trenching, the contractor(s) must make every effort to clean cut the roots to all trees within this 80 foot span (West of driveway), in accordance with City procedures under the direction of the City Landscape Administrator, Beth Sandeen. This memorandum shall be made a part of any construction contract entered into ' relating to the Wedington Drive 24" water line installation. ' Sincerely, r' M yar Con irlu Land Agent ' xc: Mr. & Mrs. Jerome Moore ' FA Y ETTE% Y L LE I. ' THE CITY OF FAYETTEVILLE, ARKANSAS May 2, 1996 ' Luther D. Andrews and Betty Jo Andrews 2025 Wedington Drive Fayetteville, AR 72701 RE: Wedington Drive - Utility Relocation City of Fayetteville ' Job No. 95019 Tract No. S-21 1 Side Letter Dear Mr. and Mrs. Andrews: We are pleased to include our Check No. 0001900 in the amount of $120.00, as your compensation for the Temporary Access Limit you provided to the City for the above ' referenced project. A 1099 will not be issued by the City in early 1937 covering this amount. ' By copy of this letter to the City's contractor on this particular job, it is noted that your lawn is Zoysia sod and any area of your property that is disturbed by the City contractor will ' be replaced with Zoysia sod; provided that previous utility companies, i.e, electric company and or gas company, have in fact, replaced their areas of disturbance with Zoysia sod. As the water and sewer lines will probably be the last utilities to be relocated prior to highway 1 construction, the City does not intend to resod areas where other utilities are responsible for there own restoration. ' We do appreciate your cooperation in this matter. If you have any questions, please give us a call at 444-3415. Sincerely, ' Kitty Dye City Land Agent /kd ' Enclosure ' xc: City Engineer/City Contractor 113 WEST MOUNTAIN 72701 501-521-770D FAYET 1 E LLE I THE CITY OF FAYETTEVILLE, ARKANSAS April 25, 1996 ' Elizabeth Smith Coger 1903 Wedington Drive Fayetteville, AR 72701 RE: Wedington Drive - Utility Relocation City of Fayetteville Job No. 95019 Tract No. S-27 Side Letter Dear Mrs. Coger: I do appreciate your phone call today and trust that the following will address your concerns relative to the Temporary Access Limit Agreement that was presented to you by Mr. Bill Cook for the City of Fayetteville. We appreciate that you are currently attempting to sell your residence at 1903 Wedington Drive and want to minimize any effect that the installation of the required water line may have on the appearance of the property during construction. Accordingly, and as we discussed, the City's contractor, by copy of this letter, will be instructed as follows: a) Do not store any pipe on this property prior to actual installation of the line. ' b) Cross this property in a single day's operation; i.e., do not leave equipment on property overnight, nor should a day's operation stop until this property is completely crossed. c) The water line ditch is to be covered as soon as the water line is 'installed. The construction drawings will be flagged to the effect that ditch materials (dirt, rocks, etc.) will not be allowed to remain on the TAL area more than three days. The contractor shall perform a preliminary clean-up immediately after trench filling and make the property presentable for potential buyers. Id) The concrete driveway will be sawed, the water line installed, and the ditch filled with gravel (compacted) and useable for traffic on the same day. Such driveway downtime shall not exceed 3-4 hours maximum. I 113 WEST MOUNTAIN 72701 501.521-770D FAX 501-575-8257 April 25, 1996 Mrs. Coger Page 2 of 2 Li [II II believe the above items cover the areas of concern that you had and I trust that we have adequately addressed each. Please give a call at 444-3415 if I have overlooked something. The City is pleased to work with you anytime we can make adjustments to meet your needs as well as our own. ' Sincerely, Adwardonnel��� City Land Agent 1 IEDC\kd I I I I I I I H I H H Property Number S-33 Reed Property Special Requirements 1. Engineer will stake existing utility easement 2. Contractor to place silt fence and straw bales on north side of excavation to protect. railroad ties and ivy landscaping from siltation. 3. Contractor to strip zoisia grass sod and stack in location acceptable to property owner. Zoysia grass sod identified by property owner as of poor quality shall be discarded and replaced by contractor with better quality zoysia grass sod. 4. Dirt from excavation shall not be placed beside the trench in easement. Dirt must be removed from site along easement and stored in trucks or on Owner's property between easement and Wedington Drive. 5. Protect trees in southern portion of easement from damage. Root trimming to be done by a horticulturalist or tree surgeon. Branch trimming, if required, to be done by a horticulturalist or a tree surgeon. 6. Tapping pit at 24 -inch waterline to be confined to existing easement. ' 7. Site to be restored according to Section 02261, except that Contractor to provide compaction along in trench to preclude normal trench settlement prior to replacing sod. H I I 1J I I IJ P1 U FAYTTE LE I v'2'; THE CITY OF FAYETTEVILLE ARKANSAS / / June 13, 1996 1 Billy Gene Prater and Shirley Faye Prater 12109 West Highway 16 Fayetteville, AR 72704 RE: Wedington Drive - Utility Relocation City of Fayetteville Job No. 95019 Tract No. S-19 1 Side Letter Revision 1 1 1 1 1 1 1 1 1 1 1 Dear Mr. and Mrs. Prater: Our letter of May 16, 1996, committed the City, through its project contractor, to replace the concrete driveway from the Northeast corner of the house (located at 2115 Wedington Drive and designated as Tract —#S-19) to the new highway right of way. On Wednesday, June 12, 1996, you visited with Ed Connell, City Land Agent, and requested that the City forego the replacement above mentioned concrete since the Highway Department will be eliminating the North entry on the subject property. You asked if the City would allow an equivalent amount of concrete driveway to be poured on an expanded entry off of Sang Avenue. The City has a problem having our contractors doing work outside of the project area, both from an appearance standpoint as well as a liability standpoint. We, therefore, would prefer to pay you for that portion of the extra work that our contractor would have done. We estimate that amount to be 5375.00. Accordingly, the City will no longer be obligated for the driveway installa- tion as outlined in our May 16, 1996, letter. We will also instruct our consulting engineers and contractor not to replace that portion of the existing driveway that must be cut out to install the water line, since you have stated that you plan to put grass in this area. If you are in agreement, please so indicate by signing the duplicate of this letter and returning it to this office in the envelope provided. The City will issue a check in your names within two weeks thereafter. We are glad to be able to work with you in this exchange. Sincerely, Donald R. Bunn City Engineer DRB/kd Billy Gene Prater Shirley Faye Prater i113 WEST MOUNTAIN•727D1 501-521.7700 FAX 501.575.6257 03/30/96 Section 01620 STORAGE AND PROTECTION Part 1 - GENERAL 1.1 SUMMARY A. Protect products scheduled for use in the Work by means including, but not necessarily limited to, those described in this Section. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Additional procedures also may be prescribed in other Sections of these Specifications. 1.2 QUALITY ASSURANCE A. Include within the Contractor's quality assurance program such procedures as are required to assure full protection of work and materials. 1.3 MANUFACTURERS' RECOMMENDATIONS A. Except as otherwise approved by the Engineer, determine and comply with manufacturers' recommendations of product handling, storage, and protection. 1.4 PACKAGING A. Deliver products to the job site in their manufacturer's original container, with labels intact and legible. 1. Maintain packaged materials with seals unbroken and labels intact until time of use. 2. Promptly remove damaged material and unsuitable items from the job site, and promptly replace with material meeting the specified requirements, at no additional cost to the Owner. B. Engineer may reject as non -complying such material and products that do not bear identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent information. 1.5 STORAGE CEI Project 10963 Page 01620-1 03/30/96 A. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not unduly interfere with the progress of his work or of other contractors. 1.6 PROTECTION A. Provide the necessary care in unloading procedures to prevent damage to materials and equipment delivered to the job site. B. Provide necessary security fencing and measures to prevent damage through vandalism or theft. C. At all times safely guard Owner's property from injury or loss in connection with this Contract. At all times safely guard and protect the Work, and that of adjacent property, from damage. Furnish, maintain, and use such equipment as may be necessary to protect adjacent property from damage caused by construction equipment, dust, mud, dirt, and refuse from operations. Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and refuse are controlled. Be fully responsible for safety precautions and protection until acceptance of the Work. D. Exercise due care to avoid damage to existing improvements or facilities, fences, building, structures, adjacent properties, and trees and shrubs that are not to be removed. E. In the event of temporary suspension of work, or during inclement weather, or whenever Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against damages or injury from the weather. 1.7 REPAIRS AND REPLACEMENTS A. In event of damage, promptly make replacements and repairs to the approval of Engineer and at no additional cost to Owner. B. Additional time required to secure replacements and to make repairs will not be considered by Engineer to justify an extension in the Contract Times. I L7 HI END OF SECTION ICEI Project 10963 Page 01620-2 I I H I 7 P H H El I I I I CJ I I I Cl I Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS Part 1 - GENERAL 1.1 SUMMARY 03/30/96 A. This Section describes product options available to the Contractor, plus procedures for securing approval of proposed substitutions. B. Related work: 1. Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. 2. Make submittals in accordance with pertinent provisions of Section 01340. 1.2 PRODUCT OPTIONS A. The Contract is based on standards of quality established in the Contract Documents. 1. In agreeing to the terms and conditions of the Contract, Contractor has accepted a responsibility to verify thatthespecified products will be available and to place orders for all required materials in such a timely manner as is needed.to meet agreed upon construction schedule. 2. Neither Owner nor Engineer has agreed to the substitution of materials or methods called for in the Contract Documents, except as they may specifically otherwise state in writing. B. Materials and/or methods specified by name: Where materials and/or methods are specified by naming one single manufacturer and/or model number, without stating that equal products will be considered, only the material and/or method named is approved for incorporation into the Work. 2. Should Contractor demonstrate to the satisfaction of Engineer that a specified material or method was ordered in a timely manner and will not be available in time for incorporation into this Work, Contractor shall submit to Engineer such data on proposed substitute materials and/or methods as are needed to help Engineer determine suitability of the proposed substitution. ' CEI Project 10963 Page 01630-1 I ' 03/30/96 C. Where materials and/or methods are specified by name and/or model number, followed by the words "or equal": ' 1. The material and/or method specified by name establishes the required standard of quality; ' 2. Materials and/or methods proposed by Contractor to be used in lieu of materials and/or methods; 3. Information on proposed substitutions shall be submitted to Engineer in triplicate in accordance with Paragraph 6.7.1.2 of the General Conditions. D. The following products do not require further approval except for interface within the Work: 1. Products specified by reference to standard specifications such as ASTM, '• AWWA, and similar standards; 2. Products specified by manufacturer's name and catalog model number. ' E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the Specifications, do not assume that the materials, equipment, or methods will be approved as equal unless the item has been specifically so approved for the Work by Engineer. F. The decision of Owner shall be final. 1.3 REIMBURSEMENT OF ENGINEER'S COSTS A. In the event substitutions are proposed to Engineer after the Contract has been awarded, Engineer will record all time used by Engineer and Engineer's consultants in evaluating each such proposed substitution. B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and Engineer's Consultants for evaluating each such proposed substitute item. 1.4 DELAYS IA. Delays in construction arising by virtue of the nonavailability of a specified material and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. I. I END OF SECTION I CEI Project 10963 Page 01630-2 U I I I Section 01700 CONTRACT CLOSEOUT Part I - GENERAL 1.1 SECTION INCLUDES 03/30/96 A. Description of an orderly and efficient transfer of the completed Work to Owner. B. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting, project record documents, operation and maintenance data, and warranties described to permit direct reference from individual product specification Sections. C. Related work: Documents affecting work of this Section include, but are not necessarily limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specifications. ' 1.2 QUALITY ASSURANCE ' A. Prior to requesting inspection by Engineer, use adequate means to.assure that the Work is completed in accordance with the specified requirements, and is ready for the requested inspection. 1.3 PROCEDURES IA. Substantial Completion: II. Prepare and submit the list required by the first sentence of Paragraph 14.8 of the General Conditions. 2. Within a reasonable time after receipt of the list, Engineer will inspect to ' determine status of completion. 3. Should Engineer determine that the Work is not substantially complete: a. Engineer promptly will so notify Contractor, in writing, giving reasons ' therefore. b. Remedy the deficiencies and notify Engineer when ready for reinspection. ' c. Engineer will reinspect the Work. 4. When Engineer concurs that the Work is substantially complete: a. Engineer will prepare a "Certificate of Substantial Completion", accompanied by Contractor's list of items to be completed or corrected, as verified by Engineer. b. Engineer will submit the Certificate to Owner and Contractor for their t written acceptance of the responsibilities assigned to them in the Certificate. I CE! Project 10963 Page 01700-1 I. 03/30/96 B. Final Completion: I1. Prepare and submit the notice required by the first sentence of Paragraph 14.11 of the General Conditions. 2. Verify that the Work is complete including, but not necessarily limited to, the ' items mentioned in Paragraph 14.12 of the General Conditions. 3. Certify that: a. Contract Documents have been reviewed; I. b. Work has been inspected for compliance with the Contract Documents; c. Work has been completed in accordance with the Contract Documents; d. Equipment and systems have been tested as required, and are ' operational; and e. Work is completed and ready for final inspection. 4. Engineer will make an inspection to verify status of completion. ' 5. Should Engineer determine that the Work is incomplete or defective: a. Engineer promptly will so notify Contractor and Owner, in writing, listing the incomplete or defective work. b. Remedy the deficiencies promptly, and notify Engineer when ready for reinspection. 6. When Engineer determines that the Work is acceptable under the Contract Documents, he will request Contractor to make closeout submittals. C. Closeout submittals include, but are not necessarily limited to: 1. Project Record Documents. 2. Operation and maintenance data for items so listed in pertinent other Sections of these Specifications, and for other items when so directed by Engineer. 3. Warranties and Bonds ' 4. Specifications with recorded changes made by addenda. 5. Spare parts and materials extra stock 6. Evidence of compliance with requirements of government agencies having • jurisdiction including, but not necessarily limited to: • a. Certificates of Inspection; b. Certificates of Occupancy; ' 7. Certificates of Insurance for products and completed operations; 8. Evidence of payment and release of liens; 9. List of subcontractors, service organizations, and principal vendors, including ' names, addresses, and telephone numbers where they can be reached for emergency service at all times including nights, weekends, and holidays. ID. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing all adjustments to the Contract Price. A final Change Order reconciling quantities installed to contract amounts will be issued. 1 ' CEI Project 10963 Page 01700-2 I Li I 03/30/96 1.4 FINAL CLEANING A. Execute final cleaning prior to final inspection. B. Remove waste and surplus materials, rubbish, and construction facilities from the site. IC. Restore areas disturbed by the Work, as specified in Section 02261. I L I. I I I U I I I I 1.5 ADJUSTING A. Adjust operating equipment to ensure smooth and unhindered operation. 1.6 PROJECT RECORD DOCUMENTS A. Maintain on site one set of the following record documents; protect from deterioration and from loss and damage until completion of the Work; record actual revisions to the Work. Do not use the record documents set for any purpose except entry of new data and for review by Engineer. 1. Contract Drawings. 2. Specifications. 3. Addenda. 4. Change Orders and other Modifications to the Contract. 5. Reviewed shop drawings, product data, and samples. B. Store Record Documents separate from documents used for construction. C. Record information concurrent with construction progress. Failure to promptly make notations on Record Documents will be considered in evaluating requests for progress payments. 1. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. 2. Date all entries. 3. Call attention to the entry by a "cloud" drawn around the area or areas affected. 4. In the event of overlapping changes, use different colors for the overlapping changes. D. Specifications: Legibly mark and record at each product section description of actual products installed, including the following. 1. Manufacturer's name and product model and number. 2. Product substitutions or alternates utilized. 3. Changes made by Addenda and Modifications. ICET Project 10963 Page 01700-3 C I I I 11 H I II I H I I I I H I 03/30/96 E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction including: 1. Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Details not on original Contract Drawings. F. Submittal, Review, and Approval 1. Submit the completed set of Project Record Documents to Engineer for review. 2. Participate in review meetings as required. 3. Make required changes and promptly deliver the final Project Record Documents to Engineer. G. Contractor has no responsibility for recording changes in the Work subsequent to Final Completion, except for changes resulting from work performed under Warranty. 1.7 OPERATION AND MAINTENANCE DATA A. Submit three sets prior to final inspection, bound in 8-1/2 x 11 inch text pages, three ring capacity expansion binders with durable plastic covers. B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are required. C. Internally subdivide the binder contents with permanent page dividers, logically organized as described below, with tab titling clearly printed under reinforced laminated plastic tabs. D. Contents: Prepare a Table of Contents for each volume, with each product or system description identified, type on 30 pound white paper. E. Part 1: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor, Subcontractors, and major equipment suppliers. F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by specification section. For each category, identify names, addresses, and telephone numbers of Subcontractors and suppliers. Identify the following: 1. Significant design criteria. 2. List of equipment. 3. Parts list for each component. 4. Operating instructions. 5. Maintenance instructions for equipment and systems. 6. Maintenance instructions for cleaning methods, materials, and special precautions identifying detrimental agents. ICEI Project 10963 Page 01700-4 C 03/30/96 I I G. Part 3: Project documents and certificates, including the following: 1. Shop Drawings and product data. 2. Certificates. 3. Photocopies of warranties. ' H. Submit one copy of completed volumes in final form 15 days prior to final inspection. This copy will be returned after final inspection, with Engineer's comments. Revise content of documents as required prior to final submittal. 1 I. Submit final volumes revised, within 10 days after final inspection. 1.8 WARRANTIES A. Provide duplicate notarized copies. B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers. C. Provide Table of Contents and assemble in three ring binder with durable plastic cover. D. Submit prior to final Application for Payment. E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal within 10 days after acceptance, listing date of acceptance as start of warranty period. I1.9 SPARE PARTS AND MAINTENANCE MATERIALS A. Provide products, spare parts, maintenance and extra materials in quantities specified ' in individual specification Sections. B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment. 1.10 INSTRUCTION A. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. CI I ICEI Project 10963 Page 01700-5 04/23/96 Section 02050 DEMOLITION Part 1 GENERAL 1.1 SECTION INCLUDES Removal or abandonment in place of existing utilities that are to taken out of service. 1.2 RELATED SECTIONS A. Removal of trees, brush, etc. is specified in Section 02100. B. Excavation safety is specified in Section 02161. C. Trenching, backfilling, and compacting are specified in Section 02221. D. Restoration of demolition areas is specified in Section 02261. 1.3 DELIVERY, STORAGE, AND HANDLING Items removed from service and designated to be delivered to Owner for salvage shall be protected from damage during demolition of adjacent items, removal, handling, storage, and transport. Part 2 PRODUCTS 2.1 MATERIALS Concrete shall be as specified in Section 03316. CEI Project 10963 Page 02050-1 I I I Part 3 EXECUTION 3.1 GENERAL 04/23/96 IA. Pipelines and appurtenances that are to be abandoned will generally be abandoned in place by: removing any part of the structure at the surface to 4 feet below the surface; cutting and removing piping to isolate abandoned line from active line; plugging or t capping lines to be abandoned in place; and restoring the site to match adjacent conditions so that no evidence remains at the surface of the abandoned utility. I Li I I L Li I B. Existing services that will be connected to a new pipeline will require a combination of construction of new service lines and abandoning existing lines. Service lines that will be abandoned shall in general be cut to the limits of excavation and be capped or plugged. C. Items removed during demolition will become the property of Contractor, except as otherwise specified or indicated on the Drawings. 3.2 WATER SYSTEM DEMOLITION A. Water Main Removal and Plugging: Excavate only to the extent. required to remove or plug water main to be taken from service; remove to nearest undamaged joint, or saw cut pipe or break pipe as appropriate; plug pipe with class B concrete; plug length to be 12 inches minimum; restore area. Remove hydrants to 4 feet below the surface and plug remaining riser with class B concrete. B. Water Meter Removal: Remove meter box, lid, meter (if not previously removed by Owner), and connecting pipe and fittings in a way to prevent damage to removed items; restore area. Meters removed by Contractor shall be delivered to Owner for salvaging. ' C. Water Service Removal: Cut water service lines that are to abandoned in place back to the limits of excavation; cap lines or hammer flat or crimp. I I I D. Valve Box Removal: Remove valve box, lid, concrete collar (if any), and extension stem (if any); restore site as specified in Section 02261, so that it is not obvious that there is an abandoned valve below. ICEI Project 10963 Page 02050-2 i 04/23/96 3.3 SEWERAGE SYSTEM DEMOLITION A. Sewer Line and Service Removal and Plugging: Remove sewer line from existing structure or from designated area; remove to nearest exposed joint or saw cut or break 1 pipe as appropriate; plug pipe with class B concrete to achieve a 12 inch long plug. B. Partial Manhole Removal: Remove manhole cone section and any part of manhole structure that will be within 4 feet of proposed finished grade; plug pipe openings with 12 inches of class B concrete; fill remaining structure with clean, dry sand; cap backfill with 4 inches of class B concrete 4 feet below proposed finished grade. 1 C. Full Manhole Removal: Remove entire structure, including base slab; protect adjacent pipe that will remain in service from damage during manhole removal; remove damaged pipe to nearest undamaged joint and replace with PVC sewer pipe as specified elsewhere. 1 3.4 MISCELLANEOUS DEMOLITION A. Structures Removed by Others: The AHTD has removed certain structures to allow 1 for highway construction. Water and sewer lines to be constructed as part of this contract will pass through the location of those structures. In some cases, structure 1 removal by others will not have removed all foundation materials at the surface or below the surface. Determine the extent of structure remnants that remain. Remove any structure remnants that interfere with pipelaying the minimum extent necessary Ito construct the work under this contract. B. Encountered Structures: If, during construction of pipelines and appurtenances, 1 unexpected below ground structures are encountered, including buildings, foundations, drainage pipe and structures, and utility pipe and structures, ascertain whether encountered structure is in service or abandoned. Remove abandoned structures. 1 Report active structures to Engineer, who will give direction as to whether to remove structure or re-route pipeline. I END OF SECTION I 11 ICEI Project 10963 Page 02050-3 I 04/03/96 Section 02100 SITE PREPARATION Part 1 GENERAL 1.1 SECTION INCLUDES A. Clearing and Grubbing B. Preserved Vegetation C. Scalping D. Isolated Tree Clearing 1.2 RELATED SECTIONS A. Measurement and payment for work under this section is specified in Section 01025. B. Demolition is specified in Section 02050. C. ' Trenching, Backfilling and Compacting are specified in Section 02221. 1.3 UNIT PRICES Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, and partial payment provisions, if any. 1.4 QUALITY ASSURANCE A. Work under this section shall be performed by workers trained and experienced in this type of work. B. Vegetation preservation work shall be accomplished by qualified tree surgeons, landscape architects or contractors, or horticulturalists. Part 2 PRODUCTS Not Used. CEI Project 10963 Page 02100-1 I ' 04/03/96 Part 3 EXECUTION ' 3.1 GENERAL A. The limits of construction for the Work shall be prepared for trenching, backfilling ' and compacting by a combination of clearing, grubbing, vegetation preservation, and scalping. Each item of work is considered a separate type of site preparation defined as follows. I1. Clearing - Cutting and removal of trees, brush, and other objectionable growth, and the removal and disposal of logs, rubbish piles, refuse dumps, ' sawdust piles, lumbering slash, and other objectionable matter from the surface of the ground; the term clearing is applied to vegetation 4 inches or more in diameter when measured 12 inches above the ground. 2. Grubbing - Removal of stumps, roots, and other objectionable matter, lying wholly or in part below the surface of the ground; the term grubbing applies to vegetation 4 inches or larger in diameter when measured 12 inches above ' the ground. 3. Preserved Vegetation - Areas of the right-of-way containing trees and brush that are not to be disturbed except for trimming above the roadbed or to protect vegetation from nearby construction. 4. Scalping - Removal and disposal of material such as saplings less than 4 inches in diameter measured 12 inches above ground, logs, brush, roots, grass, ' residue of agricultural crops, refuse dumps, and decayed matter. 5. Isolated Tree Clearing - Cutting, grubbing, and removal of individual, isolated trees and stumps greater than 4 inches diameter measured 12 inches above ground, in areas that are otherwise to be scalped; isolated tree clearing does not apply to areas that are cleared and grubbing. ' 3.2 CLEARING AND GRUBBING A. Clearing and grubbing limits shall be as indicated on the Drawings or determined by Engineer. Clear limits of construction of stumps, brush, logs, rubbish, trees, and shrubs, except trees, shrubs, and areas designated on the Drawings or indicated by ' Engineer to be preserved. B. Fell and remove trees in a manner as to avoid injury to other trees or other objects ' designated to remain. C. Backfill holes remaining after removal of trees, stumps, etc., with native material ' from adjacent areas. Accomplish filling by blading, bulldozing, or other methods, so that the right-of-way or easement is free of holes, ditches, or other abrupt changes in elevations resulting from clearing and grubbing operations. CEI Project 10963. Page 02100-2 [I I I LI I I [I I I 04/03/96 D. Remove trees or other debris falling outside the construction limits. 3.3 PRESERVED VEGETATION A. Carefully protect vegetation to remain from abuse, marring, or damage during construction operations. B. In case of injury to bark, limbs, or roots of vegetation designated to remain, repair such damage by corrective pruning or other appropriate methods. C. Remove low -hanging, unsound, or unsightly branches from trees or shrubs designated to remain. Trim branches of trees extending over the construction limits to give a clear height of 20 feet above finish grade. Accomplish trimming with skilled workers and in accordance with good tree surgery practices. D. Parking and servicing equipment under branches of trees designated to remain is not allowed. 3.4 SCALPING IA. Scalp areas where pipeline construction will occur, including at tapping valve pits. I L I Li I B. Place suitable material resulting from scalping operations adjacent to. the area from which it is obtained, after backfiling operations are complete. 3.5 ISOLATED TREE REMOVAL A. Cut and clear and grub isolated trees designated for removal as required for clearing and grubbing. 3.6 DISPOSAL OF EXCESS MATERIALS A. Merchantable timber in the site preparation area that has not been removed from right- of-way prior to the beginning of construction shall become the property of Contractor, unless otherwise provided. B. Burning of site preparation debris will not be allowed. C. Remove from the site materials and debris that cannot be burned, and dispose at locations off -site, in accordance with applicable laws and regulations. If a private disposal site is utilized for disposal, provide evidence when requested by Owner that the selected disposal site meets applicable laws and regulations for such disposal. END OF SECTION ' CEI Project 10963 Page 02100-3 3/30/96 Section 02161 EXCAVATION SAFETY PART 1 - GENERAL 1.1 SECTION INCLUDES Excavation safety measures, including materials and methods, required by 29 CFR 1926 Subpart P. 1.2 RELATED SECTIONS 01025 Measurement and Payment 01500 Construction Facilities and Temporary Controls 02221 Trenching, Backfilling and Compacting 1.3 REFERENCE STANDARD 29 CFR 1296 Subpart P - Occupational Safety and Health Standards - Excavations A copy of the Reference Standard follows this page. 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A �L D OOLL.CO uVr d'06 ¢ m J—_•�OJOOU°LOTa.- VvmOV�m' n¢ C C a G J KL Y 9 n n L .e n L s L .n 0 0 9 C C L E J m O C p C_ L 6 C J V 0 — m o _ ` G K 0 U m J T - m- a0 ¢ ad 09 m E S p V > O u O r C u m U L O J W C m C i u I. o a e L °2g J 1.0 J x 'e D mR a p C C: C >0:c t`. m a C G m G m O >r 0 N Fm _ C I V a I C G m c o E O S O C L E¢ 9$ o E J J o L p -= J S>fOJ J O9 L 9 EJ�y� =etE 3t�"m cc_maq£0— C c LCVW=0T.O O omp~ O O L C m D O r. 9 i r u 9 LuOC O9 o . O P K m u A C p O S p CLJ O J V D 0 p O .uG L > L a E O a T C e E J F i Cm W �j m r O _ Lm C •° O m ° E W O L p L O C L JC .C >• O O o xO =F a 0c o a o" `c Ey 'Q C p O° .Da 9 1t1DD0 3 0 p m C 9 O 9 o¢ C V C R N= G L O m IMLL L-1.1 TIMBER TRENCH SHORING •- MINIMUM TIMBER REQUIREMENTS p N P SOIL TYPE A P a • 2$ I H + 72 psf (2 ft Surcharge) N C Cr DEPTHSIZE (ACTUfrU AND SPACING OF •• OF HORIZ WIDTH OF TRENCH FEET PERT. PERT. MAXIMUM ALLOWABLE HORIZONTAL SPACING D TRENCH (FEET) SPACING UP TO UP TO UP TO UP TO UP TO SPACING SIZE SPACING (FEET) V (FEET) 4 6 9 12 15 (FEET) (IN) (FEET) UP TO Not 0 5 6 4*4 4*4 4*6 U6 6X64 UP TO rat TO 8 414 4x4 416 616 616 4 Re 'd --- 2X8 UP TO 10 UP TO 12 4I6 4x6 616 616 616 4 818 4 216 UP TO It 10 4 4 .ALL.. 4 4 Repd UP TO TO a 4X6 416 616 616 616 4 816 4 % UP TO N 16 z 4 8110 216 UP TO 0is 2 6%6 6X6 616 618 618 4 10*10 4 AD UP TO C) 15 6 616 616 6I6 618 618 4 618 4 3X6 ' . UP TO TO 8 616 616 616 618 6x8 4 818 4 J16 UP TO 20 4 4 ja UP TO 12 818 815 518z8 81 10 4 10110 4 16 CA OVER 20 SEE NOTE 1 0. • Mixed oak or equivalent with a bending strength not less than 850 psi. a •• Manufactured members of equivalent strength nay by substituted for wood, - v TABLE.C-1,2 0 • IN TTyBER TRCR SHORING — MINIMUM TIMBER RE0UIROAMS SOIL TYPE B P 43 I B t 72 pat (2 ft. Surcharge) O 4 O 0 RO RACE •• UPRIGHTS 0 or TV ug BORING 7CYT. yER'[ MAXI)CM ALLOWABLE HORIZONTAL SPACING 0 (flit)SPACING UP TO Up TO UP TO UP TO SPACING SIZE SPACING (FEET) (FELT) A 6 9 12 15. (FEET) (IN) (FEET) CLOSE 2 3 0 UP TO 416 4X6 626 626 626 5 6I8 5 226 Z 5 6 w m m TO 626 616 626 618 6x8 8X10 0 7 UPTO 6x6 6x6 616 628 6X8 5 10210 5 2X6 D 10 10 a. See 10 6roUP 626 626 6X6 626 6X8 5 6I8 5 2X6 ar UP TO Q 8 628 626 6Z8 8X8 Bid S 1 0110 5 226 TO UP TO 15 S 5 2x6 See Note I UP TO IS 6 6i8 6Z8 6ZB SIB 6X6 5 3 Jx6 UP TOM g6x6 828 828 axe 81105 5 3X6 UP TO In 10. 8210 821 6110 8X10 102105 5 3X6 C 20 See TJ Not• 1 OVCR SEE NOTE I F 20 • Mixed oak or equivalent with a bending strength not less than 850 psi. V •• Manufactured sesbers of equivalent strength say by substituted for vood. S TIMBER TRENCH SHORING -- MINIMUM TIMBER IEOVIXZX NTS SOIL TYPE C P - 80 I H - 72 pat (2 ft. Surcharge) a DEPTH •• OF CROSS BRACES UPRIGHTS TRENCH NORIZ WIDTH OF TRENCH (FEET) MM M AXIALLOWABLE HORIZONTAL SPACING UP TO UP 70 UP TO UP TO UP TO (FEET) SPACING Vat. SPACING SIZE VERT. SPACING FE (See Note 2) (FEET) 4 6 9 2 IS (FEET) (1Q FEET CLOSE UP TO 6 6X8 618 6X8 8X8 axe 5 8XIO 5 216 twit TO a axe 8X8 axe 818 8X10 5 10112 5 216 UP TO 10 10 8X10 8X10 8X10 8x10 10x10 5 12112 5 216 See Note I UP TO 10 6 8x8 8x8 8x8 axe 8X10 5 10X12 5 216 UP TO TO 8 8110 8110 8X10 8X10 IOXIO 5 12X12 5 2X6 See 15 Note I Set Note I UP TO IS 6 BX10 8X10 6110 8x10 lox10 5 12112 5 3x6 Ste - - - TO See 20 Note I ...'..... ., .: ... See Not. I OVER 20 SEE NOTE I - • Mixed Oak or equivalent with a bending strength not lea than 850 psi. a• Manufactured members of equivalent strength may be substituted for wood. TABLE C-2.1 TIMBER TRENCH SHORING - MINIMUM TIMBER REOUIRCMEMS a SOIL TYPE A P • 25 X B r 72 pof (2 ft. Surcharge) DEPTH a ** or CROSS BRACES tifllcain TRDICH HORIZ. W O VERT. yEBT MAXIMUM ALLOWABLE HORIZONTAL SPACING (FEET) SPACING UP TO VP TO VP TO UP TO UP TO SPACING SIZE SPACING FELT CLOSE A 3 6 a (FEET) 4 FE UP TO Not Not 6 414 4X4 4X4 AU 4X6 4 Req'd Req'd Ax6 LIP TO No; o g 414 4x4 4X4 4x6 416 4 Req d Regd axe UP TO 10 416 4X6 4X6 6X6 616 A 8Xe 4 416 UP 12 TO 416 416 4X6 6X6 6X6 4 818 4 £Z6 10 UP 6 TO 4X4 4X4 6X6 616 4 No4%4 RegS d RegF4 AX10 UP TO TO 8 4X6 416 4X6 6X6 6X6 4 618 4 4X6 P TO (p 6X6 6X6 6%6 6%6 616 4 818 4 418 IS P t0 _ ..12_ 6%6 6X6 6X6 6X6 6X6 4 8110 4 4X6 4X10 P TO 15 6 6x6 6X6 6X6 6X6 6X6 4 618 A 3x6 JP TO TO - 8 6X6 6X6 6X6 6X6 6X6 A axe 4 316 AX12 TO 20 10 6X6 6X6 6X6 6X6 618 4 8XIO 4 316 P TO IZ 616 616 616 618 6X8 G 6X12 4 316 4X12 OVER SEE NOTE l 20 • Douglas fir or equivalent with a bending strength not lea than 1500 psi. •• Manufactured members of equivalent strength may be substituted for wood. d VI C a. 0 N a a C C 0 D 3 5 r 0 ■ TABLE C-2.2 TIMBER TRENCH SHORING -- MINIMLI TI.'GU REOVIRENENTS SOIL TYPE B P • 45 X H • 12 pal (2 ft. Surcharge) DEPT)( SIZE S•SIASP flACI0F R •• OF TRENCH HORIZ. WIDTH or IEYCH (FEET) VERT. VERT. MAXIMUM ALLOWABLE HORIZONTAL SPACING (FEET) SPACING UP TO UP TO UP TO UP TO UP TO SPACING SIZE SPACING FEET CLOSE 2 3 4 6 (FEET) 4 6 9 12 IS (FEET) (IX) 5 UP TO 6 6x6 <%6 6X6 6X6 5 6X8 S 3X12 4X8 4X12 TO UP TO B 4X6 6X6 6X6 6X6 S 820 5 3X8 lxa ... UP TO . _ . ..._ ._.._... .... ..__ 10 to 4X6 6X6 6X6 6X8 S 8X10 S 4I8 See ,Note I [6X6 UP TO 10 6 6X6 6X6 6X8 6X8 5 8x8rs 3x6 4X10 CP TO TO 8 6X8 6X8 8x8 axe 5 10X103X6 4X10 UP TO 15 10 6X8 8X8 8x8 8Xe S IOX123X6 4X10 See Seta I UP t0 15 6 6X8 6X8 6X8 6X8 8X8 5 8X10Gx6 - to6X8 6X8 6X8 8x6 5X8 3. 10x12 5 4X6 - Cr f�eE 20 8x8 axe an axe axe 5 12X12 S 4X6 ' - .... .. e 1 OVER 20 SEE NOTE I • Douglas fir or equivalent with a bending strength not less than 1500 psi. •• Manufactured members of equivalent strength may be substituted for wood. TABLE C-2.3 TIMBER TRENCH SHORING -- MINI? i TIMBER REOUIRE•001TS SOIL TYPE C Pa • 80 X M * 72 psf (2 fc. Surcharge) DEPTH r r u OFCROSSUPRIGHTS TRENCH MORIZ. WID r VERT. VERT, MAXIMUM ALLOWABLE HORIZONTAL SPACING (FEET) SPACING UP TO UP TO UP TO UP TO VP TO SPACING SIZE SPACING (FEET) (FEET) < 6 9 IS FELT CLOSE UP TO 5 6 6X6 6X6 6X6 6X6 exe 5 8X8 5 3X6 UP TO TO 8 6X6 6X6 6X6 exe axe 5 10%10 5 3X6 UP TO 10 10 6X6 6X6 axe axe 8X8 5 10X12 5 3X6 See Note 1 UP TO 10 6xe 6X8 6x8 8X8 exe 5 10x10 5 <x6 UP TO TO a axe exe 8x8 exe 8x8 5 12X12 5 4X6 See Note 1 is See " Note•I - - UP TO 15 6 axe axe exe exl0 8XIO 5 10x12 5 <X6 See TO Note I See Note 1 20 • <e ote 1 OVER 20 SEC NOTE I • Douglas fir or equivalent with a bending strength not less than 1500 psi. •• Manufactured members of equivalent strength may be substituted for wood. •0 P5 P N C Q V V V C, 0 C) 0 C 0 f] n x m O -i n 3 P. r 0 0 [ti IQ d a P f' I I I I C .J C t L C C C C 0 a. 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Je <- . f -- .Y i J < V JO Y ff O J f - .Y ■ TABLED- 1.2 ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOILTYPEB HYDRAULIC CYLINDERS WIDTH OF TRENCH (FEET) DEPTH MAXIMUM MAXIMUM _ OF HORIZONTAL VERTICAL TRENCH SPACING SPACING UP TO 8 OVERSUP UP OVER 12 UP 1O12 1O15 (FEET) (FEET) (FEET) OVER . - UP TO 10 7OVER6.5 4 2 INCH 2 INCH 3 LNCH DIAMETER DIAMETER DIAMETER NOTE (2) OVER IS 5.5 UP TO 20 .._ OVER20 _.._.. ___... NOTE(1) •. . . . . Footnotes to ubles, and general notes on hydraulic shoring, are found in Appendix D, Item (g) Note (1): See Appen(liIs D, Item (g) (1) Note (2): See Appendix D, Item (g) (2) TABLED -13 ALUMINUM HYDRAULIC SHORING W AL.6R SYSTEMS FOR SOIL TYPE B WALES HYDRAULIC CYLINDERS TI Mg2t UPRcM3 DEPTH OF TRENCH VER11CAI. SPACING SECTIONUP MODULUODULU S WIDTH OF TRENCH (FEE'1) MAXJCR1Z U) �C�) TO S OVER 8 UP TO 12 OVER I2 UP TO15 2 FT. 3 FT. HOR2 CYLINDER NOR2 NDER HORR CYUND (FEET) (FEET) (IN') SPACING DtAMt,tg SPACING DIAICTfl SPACING DiAMtitn OVER 3.5 8.0 2IN 8,0 NOTE(2) 8.0 3IN 7.0 9.0 2 IN 9.0 2114 NOTE(2) 9.0 3IN 5 UP TO 4 3x12 10 14.0 12.0 3 IN 12.0 3IN . 12.0 3 IN OVER 3.5 6.0 2 IN 6.0 NOTE(2) 6.0 3IN 7.0 8.0 3114 8.0 3114 8.0 3114 10 UPTO 4 3x12 15 14.0 10.0 3IN 10.0 3 IN 10.0 3 IN OVER e•_&•. "`" 3.5 5.5 21N 5.5 21N NOTE(2) 5.5 3IN 7.0 6.0 31N 6.0 31N 6.0 3IN 15 UPTO 4 3x12 20 ( 14.0 9.0 3 IN 9.0 3IN 9.0 3 IN OVER 20 NOTE (1) Footnotes Co ublcs, and general notes on hydraulic shoring, are found in Appendix D. Item (8) Nora ii): See Appends D. item (gl(I) Notes 2): See Appendix D. Item tgt (2) • Consult product manufacturer and/or qualified engineer for Section Modulus of available woks. u n C) C V O a 0 a x C V V V ' TABLED • 1.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C ' WALES HYDRAULIC CYLINDERS TIMBER UPRIGHTS C& WIDTH OF TRENCH(FEEI) MAx)gR12SPACWG DEPTH (ON �MER OF 7TCAL ODULN UPTO8 OVER8 UP TO12 DVERI2UPTOIS 0 TRENCH SPAONG MODULUS SOLID 2 FT. 3 FT. • NORM CYLINDER HORM CYLINDER HORIZ CYLINDER 4 (FEET) (FEET) QN') SPACING DIAKwit SPACING IA SPACING DlAMt,t.x O ' OV33 6.0 .IN 6.0 N 2 6.0 3IN 5 21N .• 7.0 QS 2IN 6.5 NOTE(2) :65 ' 3 1N UP TO 10.0 3 IN 10.0 31N - •.. - • OVER 3.5 4.0 21N 4.0 N21N2 4.0 3 I • 10 4 7.0 5.5 3IN X53 31N 5.5 3114 3x12 15 14.0 8.0 3114 8.0 3IN 8.0 3114 H OVER 3.5 3.5 2114 3.5 NOTE(2 33 3114 a ' 4 - 7.0 5.0 31N 7 20 14.0 6.0.: 3 . 6.0 • .3114 6.0- 3IN - - ' - OVER20 -"-NOTE U)...—.-_�.____-_._.___. _.__.__._, - ................tnal ..ts o.... ydrauc shori......................rnn item (8) _. . Naes (I): Sa Appclldi: D; itan (8) (1) - - )4o(2): 5« Appcndi: D. Item (8) (2) . a: •.::? - - D. • Consult pmdun manufarnaer and/or qu.Bfied cngineer for Section Modulus of available watts. O -ii YW}ftL. Qf._S_eI .�ti --.— _.. _.--r. -_ 6. v —a- - _ O A TJ 4 • r r 7• 0 M m m W p •7 W >m I-' QO 2 00 J O C > n ti ]r 4D .. .1 X --> b O fD R ♦ n> iI=W Fy •tJ v IIIYt O e�, s:.=Tl�7enc4 EnER .e u-Sa1 _� . _ W S C = ' tl F > C v m A E x !a A O c r a > ' I mu e 3 n a n > a m C C Q O n F n s y p O • fl p al r I- 9 > 9 N 0J ra n r r N r A C 0 4 V F,, O A � I. D V V_ L CL 6 �+ a �5s a amm Y Q OC n� 6 L G. a O V O L F c m m u J u o V1 C .. • C d N W m I. J 0, (Ol o M^ V > WD. ^' m ode ci C m C d 0 .. W u m Ed •r y u cIe u C '-Cc • C 4 C. ._c— - "d •o' d9 3 w I.L z O o pE o o L Cur GLa ma C d a L O p.. V i 9 S d Yi a b ,s O 9 O> Y .� V Y C m m Ii W] r C e 1 '.03 -a20 > ? 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W Y `L• O O m Y m d C ~ O N K Y ••I Q• O OCd A w W E L Y i m 0 0 0 OW m Y •w m+ mroe • F cm N L O m p O O - • Y u .+ CSF••+ C O ••4 m Y Y 0 N LL C• m dJ J o S O N O C O O a o "S • m V - 4 A W y •.4k N • O • d •0 . , N N •M Os d O �• Y d r •� C • O 7 C d O'•..- O E d m.A Y V m.4 .� S m m WV U 3 O 6 C e I 4 1 C d • Ov m mV .N 7 .n u N m OD Y• pN U d O b X Y V E '41 C d d m•� Y e45 00 m P F r C r Y A d m j b !j-r;5 ;.� '_. < C •O M F+ - p. 0. - O V r .. _ _ •f f. -ems ♦l. • M Ti - A• Y M 'J O - m m M Y LAM j P • V j■ Y ) m h• 9 + n C •• N C O •• n .M •r •• .t • 9 O m6 .\0.W +CV • CA 0.O CA •m CA.C Op V< A OO V O 0 Opp u M •O • Y 9• 00 Y 0101.'—I 010k M � .P P .P J 0' .O O A ••1 M M E N Y M .P i YV •S � 03/04/96 Section 02221 TRENCHING, BACKFILLING AND COMPACTING Part 1 - GENERAL 1.1 SCOPE This section includes earthwork required for the construction of utility pipes and appurtenances. Included are excavation, backfilling, and compaction of backfill above embedment around utility pipes and appurtenances. 1.2 RELATED WORK A. Section 01390 - Site Conditions Documentation B. Section 02161 - Excavation Safety. C. Restoration of disturbed area is specified in Section 02261. D. Backfill around utility pipes (embedment) and appurtenances is specified in Section 02600. 1.3 QUALITY ASSURANCE A. Methods of Testing 1. The moisture density relations of material shall be determined in the laboratory in accordance with AASHTO T-99 or T-180, as specified. 2. Field density of backfill shall be determined in accordance with ASTM D 2922. Part 2 - PRODUCTS 2.1 BACKFILL MATERIAL A. Material excavated from the job site shall be used for backfill to the maximum extent possible. Job excavated materials shall be free of rock, manmade debris, and organic material larger than 6 inches in any dimension. B. Aggregate material shall be AHTD Class 1, 2 or 7. Part 3 - EXECUTION CEI Project 10963 Page 02221-1 n I I I I II I I I I 11 I I I I I I I 03/04/96 3.1 TRENCH EXCAVATION A. General 1. Notify property residents 48 hours prior to beginning excavation on property. 2. Protect trees unless designated by Owner or Engineer for removal. a. Erect suitable barrier around tree as approved by Engineer. b. Minimize pedestrian and vehicular traffic over root zone of trees to be saved. c. Use clear distance to tree equal to 1 foot for each 2 inches of tree diameter, measured 4 feet above highest ground surface at base of tree, or 2 feet, whichever is greater. 3. After tree protection barricades are installed, cut and remove unprotected natural growth from planned location of trench. Dispose of cleared material in compliance with applicable laws and regulations. 4. Where the existing ground cover contains grasses such as Bermuda, Zoysia, or other grasses not included in the prescribed seed mixture: cut, remove, and stockpile existing sod on the job site. After backfill of trench has settled, 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, provide and install new ground cover of the existing type. 5. Excavate with caution so that location of underground conduits and structures can be determined and protected. 6. Excavate every type of material encountered to the lines and elevations necessary to complete the project. 7. Relocate surface water before excavating and protect excavated trench from entrance of surface water. 8. Provide and install bracing and shoring necessary for safety of personnel, protection of work, and compliance with government agencies. B. Utilities 1. Call "ARKANSAS ONE CALL" two working days before starting excavation at 1-800-482-8998. 2. The location and/or elevation of existing utilities as shown on the Drawings is based on records of the various utility companies and, where possible, measurements taken in the field. The information is not to be relied upon as being exact or complete. Call each utility owner at least 48 hours before any excavation to request exact field location of utilities. 3. Protect utilities encountered during excavation. 4. Do not interrupt service in utilities encountered during excavation without approval of utility owner. ICEI Project 10963 Page 02221-2 n 03/04/96 5. If utilities are damaged or utility service is interrupted by work under this section, utility owner has the first right to repair. If public health or safety is at risk, take appropriate prudent action to repair damage and service 'interruption. Costs of utility protection and repair shall be at no additional cost to Owner. ' 6. If existing utilities are found to interfere with the permanent facility being constructed, notify Engineer for instructions. 7. Do not proceed with permanent relocation of encountered utilities without written instructions from Engineer. C. Trench Depth ' 1. Excavate to the elevation necessary to provide the depth of bedding material under the barrel of the pipe, noted on the Drawings or in these '• specifications, whichever is greater. 2. Over -excavation up to 2 feet, shall be backfilled with bedding material in 6 inch layers and tamped to a bearing capacity equal to the adjacent ' undisturbed earth. Over excavation greater than 2 feet will require excavation operation to stop until an engineered backfill is determined. D. Trench Width: Excavate to a width ample to permit pipe jointing, bedding • placement, and compaction as specified. Specified width dimensions must be maintained from trench bottom to an elevation 12 inches above barrel of pipe. ' E. Trench Length: Excavate to a maximum distance of 75 feet from the pipe jointing operation. Longer distances will be considered by Engineer when conditions warrant. IF. Excavation In Rock 1. When rock is encountered, excavate to an elevation 9 inches below the pipe installation depth. 2. Rock excavation shall consist of igneous, metamorphic, and sedimentary rock which cannot be excavated without blasting or the use of rippers, and all boulders or other detached stones having an individual volume of 1/2 cubic yard or more. Blasting for rock removal is prohibited on this project. G. Excavation In Unstable Soil: Where the planned bottom of trench is found to be unstable, in the judgement of Engineer, excavation shall stop until an engineered subgrade stabilization is determined. In general, excavation depth shall increase a minimum of 12 inches. H. Excavation In Wet Conditions ' CEI Project 10963 Page 02221-3 I ' 03/04/96 1. Where the planned bottom of trench contains water or the trench bottom is soft from excess water, excavation depth shall increase a minimum of ' 6 inches. • 2. Remove water to an elevation below bottom edge of pipe joint or structure base. I3. Trench dewatering system shall discharge to natural drainage channel or storm sewer. Obtain permit for this discharge if required. I. Excavation At Unforseen Structure 1. Preserve unforseen structures encountered in excavation. ' 2. Advise Engineer when unforseen structure interferes with planned work. Engineer will determine if plan will change or if structure will be abandoned and removed. J. Unauthorized Excavation 1. Unauthorized excavation is removal of materials beyond specified elevations or dimensions, undertaken by Contractor without prior authorization by Engineer. 2. Unauthorized excavation and the hauling and placement of any fill material to create proper trench conditions will not result in extra payments to Contractor. K. Unsuitable and Excess Excavated Material: Dispose of excavated material not suitable for backfill and excess excavated material in compliance with applicable laws and regulations. ' 3.2 BACKFILLING AND COMPACTION IA. Backfilling shall closely follow pipe laying and shall be to within 5 feet of the end of the last pipe at the end of workday. B. Backfill around the pipe (pipe embedment) is specified section 02600. C. Backfill where ground surface is not graveled or paved for vehicle or pedestrian ' use. 1. Initial backfill, for the 2 foot distance above pipe embedment shall be free of rock, organic material, man made debris, or frozen lumps with a ' dimension greater than 3 inches measured in any direction. 2. Backfill for the remainder of trench shall be free of rock, organic material, or man made debris with a maximum dimension of 6 inches measured in any direction. CEI Project 10963 Page 02221-4 I I I I I I I I I I I 03/04/96 3. Backfill above pipe embedment shall be mechanically compacted to a density at least equal to adjacent ground. Backfill trench settlement until Engineer determines additional backfill is not required. D. Where ground surface is graveled for vehicle use or paved for pedestrian use only, backfill shall be as specified in Part 3.2.B. above except that all backfill above pipe embedment shall be placed in 8 inch layers loose measurement and compacted to 85 percent of maximum proctor density. E. Where ground surface is paved for vehicle use, provide aggregate base course material as indicated on the Drawings, as approved by Engineer, above pipe embedment in 8 inch layers loose measurement and compact to 95 percent of maximum proctor density. F. Backfill unstable trench bottom with AHTD Class 1 or AHTD Class 2 crushed aggregate, compacted to 95 percent of maximum proctor density, to bottom elevation of pipe embedment. G. Backfill wet condition trench bottom with AHTD Class 1 or AHTD Class 2 crushed aggregate, compacted to 95 percent of maximum proctor density, from trench bottom to bottom elevation of pipe embedment. END OF SECTION C CEI Project 10963 Page 02221-5 I I I I I I I ID I IJ I J I I I I I Section 02261 SITE RESTORATION Part 1 - GENERAL 1.1 SCOPE 04/15/96 A. This section includes restoration of areas disturbed by this project. "Disturbed by this project" is defined as the excavation area plus any area in project vicinity disturbed by Contractor's operations, including operations of Subcontractors and suppliers, and utility owner operations necessary to complete this project. B. Work areas shall be kept clean and neat as practicable. Lawns, gardens, and vehicle and pedestrian crossings shall have excess quantities of supplies, excavated material, man made debris, and organic matter removed from the area immediately following construction. C. All property improvements shall be restored in kind or as nearly as practicable as determined by Engineer. 1.2 RELATED WORK Trenching, Backfilling and Compacting is specified in Section 02221 1.3 QUALITY ASSURANCE Adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. Part 2 - PRODUCTS A. Topsoil shall be placed on disturbed areas equal to the better material on each side of the disturbed area. B. Fertilizer shall be 10-20-10 (nitrogen -phosphorous -potash) delivered to the site in labeled containers conforming to Arkansas fertilizer laws and bearing the name and warranty of the producer. C. Seed 1. Seed mixture per Class of Restoration a. Class 1 Restoration seed mixture shall be 40 percent Lawn Fescue, 30 percent Rye Grass (annual), and 30 percent Blue Grass. ICE! Project 10963 Page 02261-1 I 1 I I I PT I 04/15/96 b. Class 2 Restoration seed mixture shall be 40 percent Field Fescue, 40 percent Rye Grass (annual), and 20 percent White Clover (common). c. Class 3 Restoration seed mixture shall be 40 percent Tall Fescue (Kentucky 31), 40 percent Rye Grass (annual), and 20 percent White Clover (common). 2. Seed shall be labeled according to current requirements of the Arkansas State Plant Board. 3. Seed shall be 95 percent pure and 85 percent germination by weight. 50 noxious weed seeds shall be the maximum amount allowed per pound. The following types of seed are not allowed in any amount: Johnson grass, wild onion, wild garlic, field bindweed, or nut grass. ' 4. Fescue seed shall be certified endophyte free. I I I I 1 I I n V I I D. SOD 1. Sod shall consist of a densely rooted growth of Bermuda grass, Zoysia, etc. and shall be substantially free from noxious weeds and undesirable grasses. The sod shall be cut in uniform strips with a minimum of 2 inches of root depth approximately 12 inches in width and not less than 12 inches in length but not longer than can be conveniently handled and transported. 2. Sod for replacement of disturbed sodded areas shall be approved by Engineer before cutting. E. Straw mulch shall be good grade clean straw, free of weeds or seed, and of a quality approved by Engineer prior to use. F. Water shall be of irrigation quality, free of impurities which are detrimental to plant growth. Part 3 - EXECUTION 3.1 RESTORATION WHERE GROUND SURFACE IS NOT GRAVELED OR PAVED FOR VEHICLE OR PEDESTRIAN USE. A. Class 1 Restoration - Areas of construction within lawns, gardens, or other well -kept areas, including street rights -of -way that are kept as lawns by adjacent landowners. 1. After trench settlement is complete, replace topsoil to same depth as adjacent undisturbed areas. CEI Project 10963 Page 02261-2 C ' 04/15/96 ' 2. Trim and remove all damaged limbs on trees, trim limbs of shrubs or, if necessary, cut damaged shrub just below ground surface. 3. Hand rake disturbed area to remove all rocks 1/2 inch or larger measured in any direction, all man made debris, and all organic material. Debris and excess material shall be disposed of in a manner approved by the Engineer and applicable government regulations. ' 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.15 pounds of seed per 100 square feet. ' c. apply 4,000 pounds of mulch per acre. 5. Apply straw mulch using an asphalt mixing blower. Add asphalt to straw in sufficient quantity to bind mulch together. Top spraying of straw with asphalt is not acceptable. ' 6. As an alternate method of seeding, seed may be applied by hydro mulching. The seed shall be mixed with water and wood cellulose fiber. The wood cellulose fiber shall be composed of natural wood chips and shall contain no growth or germination inhibiting factors and shall contain a water soluble, nontoxic coloring agent. Other alternate methods will be considered by Engineer but shall not be utilized until expressly authorized by Owner and Engineer. ' 7. Where ground cover adjacent to disturbed areas contains grasses such as Bermuda grass, Zoysia, or other grasses not included in the prescribed seed mixture, Contractor shall remove and stockpile the existing sod on the job site. After trench settlement is complete, 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. B. Class 2 Restoration - Areas of construction within fields, meadows, and street rights - of -way which are mowed or cultivated (gardens excepted). 1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. 2. After trench settlement is complete, machine rake to remove rock, man made ' debris, and organic material to a condition equal to existing surface on the better side of the adjacent property. ' 3. Remove all excess excavated material from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas CEI Project 10963 Page 02261-3 I I I I I I I I 04/15/96 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. 4. After raked area is accepted by Engineer for seeding, a. apply 250 pounds of fertilizer per acre. b. apply 0.15 pounds of seed per 100 square feet. c. apply 4,000 pounds of mulch per acre. 4. Mulching and seeding methods shall be as specified in Section 3.1.A. 5. Where existing field grass adjacent to disturbed areas contains grasses such as Bermuda, etc. grasses not included in the prescribed seed mixture, Contractor shall place such topsoil as required and seed with the existing type grass so that an equivalent ground cover will be provided. C. Class 3 Restoration - 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. 1. Tree and shrub treatment shall be as specified in Section 3.1.A.2. 2. Site raking shall be as specified in Section 3.12.2. ' 3. Seeding shall be as specified in Section 3.1.B.3. I I LI I I I 4. Mulching and seeding methods shall be as specified in Section 3.1.A. 3.2 RESTORATION WHERE GROUND SURFACE IS GRAVELED FOR VEHICLE USE OR PAVED FOR PEDESTRIAN USE ONLY. A. Restoration shall be per cross sections on the Detail Sheet in the plans. 3.3 RESTORATION OF SLOPES Terrace slopes where, in the opinion of Engineer, erosion problems may arise after construction. 3.4 RESTORATION BY SODDING A. Area to be sodded 1. Place 3 inches of topsoil before installing sod. 2. Apply 250 pounds of fertilizer per acre and work into top 1 inch of topsoil: CEI Project 10963 Page 02261-4 I I I L I 04/15/96 3. Make surface of top soil moist and firm (not compacted) at the time sod is placed. B. Sod 1. Moisten sod before placing. 2. Lay by hand along contour lines beginning at lowest elevation. ' 3. Stagger transverse joints. I I 4. Make tight joints between sod pieces. 5. Cut sod into existing surface and backfill with topsoil to provide a smooth transition from sodded areas to non -sodded areas. 6. Apply thin layer of topsoil over sod and overseed with 45 pounds of annual rye grass per acre. C. Maintenance of Sod 1. Water overseeded areas as directed by Engineer. ' 2. Apply water to sod for 3 weeks as directed by Engineer. 3.5 RESTORATION WHERE GROUND SURFACE IS HARD SURFACED FOR VEHICLE ' OR PEDESTRIAN USE. [H I I I I I I A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint. B. Asphalt Surfaces 1. Asphaltic Pavement Repair. After the trench has been backfilled and compacted, as specified elsewhere in these Specifications, permanent repair shall be made as follows. The existing pavement shall be saw -cut and removed to a point 18 inches beyond the trench edge, or as directed by the Engineer, and brought to grade even with bottom of existing pavement. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by 3"-4" lifts of hot -mixed, hot -laid asphaltic concrete of thickness equal to adjacent pavement and laid to an elevation matching the existing finished grade. The hot -mixed, hot -laid asphaltic concrete shall be compacted to 92 percent of theoretical density. 2. One nuclear density test per asphaltic patch or repair shall be performed. CEI Project 10963 Page 02261-5 I I I I U I Li 04/15/96 3. The cost of determining the compacted density shall be at the expense of the Contractor. 4. Any unacceptable patch or repair shall be recompacted and retested at the Contractor's expense. C. CONCRETE SURFACE 1. Concrete is specified in Section 03316. D. STONE BASE Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent Modified Proctor Density. IE. TRAFFIC MAINTENANCE C 1J I I I I I Ti J Carry on the work in a manner which will cause the least interruption to traffic. If allowed by Owner, close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, provide suitable bridges at street intersections and driveways. 2. Post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. 3. Provide adequate personnel to direct traffic when working in the street right-of- way. 4. Traffic control devices and methods shall be in strict accordance with the latest issue of the Manual of Uniform. Traffic Control Devices. 5. Provide three days written notice to the Mayor's office, the Fire Department, and the Police Department prior to closing or partially closing any street. Closing of State Highway requires approval of the City and the Highway Department. END OF SECTION ICE! Project 10963 Page 02261-6 04/15/96 I Section 02600 PIPE LAYING Part 1 - GENERAL 1.1 SECTION INCLUDES Installation of water and wastewater pipe and appurtenances. 1.2 RELATED WORK A. Trenching, Backfilling and Compacting is specified in Section 02221. i B. Ductile iron pipe and fittings are specified in Section 02615. C. Plastic pipe and fittings are specified in Section 02622. D. Testing of installed pipe is specified in Sections 02675 and 02722. E. Concrete is specified in Section 03316. 1.3 REFERENCES A. AASHTO 1. T-99, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 5.5 -lb. Rammer and a 12 -in. Drop". 2. T-180, "Standard Method of Test for the Moisture -Density Relations of Soils Using a 10 -lb. Rammer and a 18 -in. Drop". B. ASTM 1. 2. C. AHTD 1. D 448, "Standard Classification for Sizes of Aggregate for Road and Bridge Construction". 2. D2774," 3. D 2922, "Standard Test Methods for Density of Soil and Soil -Aggregate in Place by Nuclear Methods (Shallow Depth), 1.4 QUALITY ASSURANCE A. Provide skilled workers to insure proper handling, jointing, and embedment of pipe. CEI Project 10963 Page 02600-1 I 04/15/96 ' B. Methods of Testing 1. Moisture density relations of material shall be determined in the laboratory in accordance with AASHTO T-99 or T-180, as specified. 2. Field density of backfill shall be determined in accordance with ASTM D 2922. IPart 2 - MATERIALS ' 2.1 BEDDING MATERIALS Bedding materials, used for bedding, haunching, and initial backfill in the locations indicated on the Drawings, shall conform to one of the following materials. A. Grit: a local designation for a crushed stone material, available from quarries in ' northwest Arkansas, and is specified by City of Fayetteville for use in pipe embedment (bedding, haunching, and initial backfill). Approximate gradation of grit is: 100 percent passing a 3/8th sieve, and 0 to 10 percent passing a No. 200 sieve. ' B. Natural pea gravel may be used as an alternative, subject to approval of Engineer. IC. Sand: well graded natural sand, free of gravel, angular pieces, organic matter, and other deleterious substances. ' D. Class 8 Base material per AHTD, Section 303, Table 303-1. E. Materials meeting either ASTM D 448 Size No 67 or ASTM D 2774. 1 Part 3 - EXECUTION ' 3.1 GENERAL A. Examine pipe and appurtenances for compliance with specifications. ' B. Reject pipe and appurtenances not in compliance with specifications. C. Remove foreign matter from pipe and appurtenances before lowering into excavated ' 3.2 PIPE azHANDLING I I A. Pipe shall be off loaded at site as close to location of installation as possible, subject to constraints of traffic control and availability of land for construction. Pipe shall not be dropped from carrier deck. Stack pipe according to manufacturer's recommendations. I CEI Project 10963 Page 02600-2 I I 1 I I I C I I r 04/15/96 B. Lower pipe into trench after placement of bedding using slings and mechanical equipment. Workers shall be present in trench, in accordance with safety practices, to direct pipe into place. 3.3 PIPE BEDDING, HAUNCHING, AND INITIAL BACKFILLING A. For PVC pipe and fittings, place 6 inches minimum of grit between excavated trench bottom or stabilized trench bottom and bottom of pipe or fitting as bedding. Provide depression in bedding for joints so that barrel of pipe or fitting rests on grit. B. For ductile iron pipe and appurtenances, place 6 inches minimum of grit between excavated trench bottom or stabilized trench bottom and bottom of pipe or appurtenance as bedding. Provide depression in grit for joints so that barrel of pipe or fitting rests on grit. C. Place grit in 6 inch maximum layers, compacted to 85 percent of maximum proctor density to spring line of pipe as haunching, and to top of pipe as initial select backfill, ensuring that grit is placed against haunch area of pipe. 3.4 JOINTING A. Place pipe and appurtenance to planned line and elevation. 1. Place gravity wastewater pipe from low end to high end with pipe bells facing upstream. 2. Place potable water pipe with bells facing the direction of laying. 3. Cover open end of laid pipe whenever pipe laying is interrupted to prevent rodents and debris from entering pipe. B. Prepare pipe before jointing operations in accordance with manufacturer's recommendations. Lubricate pipe barrel as required. Place gasket in location marked. C. Shove pipe home into joint using mechanical equipment as recommended by manufacturer. Pipe barrel shall be inserted into joint to appropriate mark, if available on pipe. 3.5 BACKFILLING •1 A. Pipe Covering 1. Place minimum 12 inch of grit over top of PVC pipe and fittings. 2. Place minimum 6 inch of grit over top of iron pipe and fittings. 1 B. See Section 02221 for remainder of backfill. I I CEI Project 10963 Page 02600-3 04/15/96 C. Existing Utility Crossings: Expose utilities located between two manholes 24 hours minimum before the downstream manhole is constructed. Wherever possible sewer will be adjusted to provide necessary clearance. 3.6 THRUST BLOCKING A. Construct thrust blocking at all pipe fittings, including bends and reducers, as indicated on the Drawings. B. Concrete for thrust blocking is specified in section 03316 C. Construct thrust blocking between pipe and undisturbed earth. If trench conditions do not exist, either extend thrust blocking or backfill over excavation and dig new trench to obtain trench conditions. END OF SECTION CEI Project 10963 Page 02600-4 I L I I Fri I I I I U I I 04/05/96 Section 02601 CAST -IN -PLACE MANHOLES Part 1 - GENERAL 1.1 SCOPE This section covers poured -in -place manholes for wastewater lines. 1.2 RELATED WORK A. Concrete for manholes is specified in Section 03316. B. Trenching, backfilling and compacting are specified in Section 02221. C. Pipe laying is specified in Section 02600. D. Cast -in -place manholes are specified in Section 02601. 1.3 QUALITY ASSURANCE A. Concrete testing is specified in Section 03316.. B. Manhole Testing 1. Sanitary sewer manholes shall be tested in accordance with these specifications prior to acceptance by Owner. If a manhole fails the test, make appropriate repairs. 2. Manhole Exfiltration Testing: Incoming and outgoing sewer lines shall be plugged and the manhole filled with water up to the top of the poured concrete. If the water loss exceeds the maximum allowable as shown below; the manhole shall have failed the test. Depth of Manhole Maximum Allowable Water Loss 0 - 8 feet I inch over 5 minutes Over 8 feet 1/8 gal. per vertical foot over 5 minutes 3. Manhole Vacuum Testing: Perform vacuum test. Manhole vacuum test shall be performed with suitable apparatus made for such purpose and shall draw a vacuum of 10 inches of Mercury (Hg). The test shall pass if the vacuum remains at 10 inches of Hg or drops to not less than 9 inches of Hg in one minute. CEI Project -10963.. Page 02601-1 I I .1 C I I I I 04/05/96 Part 2 - MATERIALS 2.1 MANHOLE, RINGS, AND COVERS A. Concrete is specified in Section 03316. B. Castings for manhole rings and covers must be of the best quality gray cast iron free from cracks, holes, scale, shrinkage, distortion, and other defects which might make them unfit for their intended use. They shall be of high workmanlike finish, shall be non -rocking, shall have all bearing surfaces machined smooth, and shall be of such quality that a blow from a hammer will produce an indentation on a rectangular edge of the casting without flaking the metal. C. Manhole rings and lids shall have a combined weight of not less than 270 lbs. and shall have a nominal diameter of 24 inches and a minimum access diameter of 22 inches. The manhole lids shall be of solid construction without any openings of any type except two concealed pick holes which shall be located on direct opposite sides of the manhole lid. The concealed pick holes shall be of such design as not to allow infiltration into the manhole. Manhole lids shall have "SANITARY SEWER" cast on the lids. 2.2 APPURTENANCES A. Pipe connections to manholes shall be Femco Concrete Manhole Adapters, or equal, furnished in the appropriate size for the type and class of pipe used. Part 3 - EXECUTION 3.1 MANHOLE CONSTRUCTION A. Excavate to planned depth in accordance with Section 02221. ' B. Barricade excavation site in accordance with Section 01500. C. Place Class A concrete in accordance with Section 03316 D. Place waterstops between concrete pours. E. Place manhole ring and cover when concrete has cured 24 hours. F. Backfill in accordance with Section 02221 after concrete has cured 48 hours. G. Manholes shall not have steps. IEND OF SECTION CEI Project 10963 Page 02601-2 iI 04/16/96 Section 02602 IPRECAST MANHOLES Part I - GENERAL 1.1 SCOPE 1 This section covers pre -cast manholes for wastewater lines. 1.2 RELATED WORK ' A. Trenching backfilling and compacting is specified in Section 02221. B. Cast -in -place manholes are specified in Section 02601. C. Pipe laying is specified in Section 02600. ' 1.3 REFERENCES A. ASTM Standards 1. A 48, "Standard Specification for Gray Iron Castings" 2. C 144, "Standard Specification for Aggregate for Masonry Mortar" 3. C 150, "Standard Specification for Portland Cement" 4. C 207, "Standard Specification for Hydrated Lime for Masonry Purposes" 5. C 404, "Standard Specification Aggregate for Masonry Grout" 6. C 478, "Standard Specification for Precast Reinforced Manhole Sections" 1.4 QUALITY ASSURANCE Manhole Testing is specified in Section 02722. Part 2 -MATERIALS 2.1 PRE -CAST MANHOLE 'A. Pre -cast manholes shall conform to the specifications for Pre -Cast Reinforced Concrete ; _Manhole Sections, ASTM C 478. . .- • B. The top section shall be a concentric cone section conforming to ASTM C 478. C. Joints may be sealed by either rubber gaskets or mastic, subject to the approval of Owner. Inside joints shall be rubbed full and struck. ICEI Project 10963 Page 02602-1 I 04/16/96 D. Lifting holes shall be grouted inside and outside to ensure proper sealing. E. Integral pre -cast floors are allowed, subject to the continuing approval of Owner. Cast - in -place floors are allowed. F. No more than 8 inches of concentric rings shall be allowed to bring the manhole to finished grade. 1 2.2 MANHOLE RINGS AND COVERS Manhole rings and covers shall be as specified in Section 02601. 2.3 APPURTENANCES A. Pipe connections to manholes shall be Fernco Concrete Manhole Adapters furnished in the appropriate size for the type and class of pipe used. Pipe connectors are required for PVC and iron gravity sewer pipes entering manhole walls or bases. B. Water stops shall be either plastic or steel. 2.4 MORTAR A. Mortar shall be composed of 1 part Portland cement to 2 parts fine aggregate, by volume. Grout and mortar materials shall conform to the following standards. Masonry cement shall be strictly prohibited for use in any part of manhole construction. 1. Cement: ASTM C 150, Type I 2. Sand for Mortar: ASTM C 144; clean, sharp, hard siliceous, free from loam, • silt or other impurities. 3. Aggregates for Grout: aggregates shall conform to ASTM C 404. 4. Hydrated Lime: ASTM C 207, Type S. 5. Lime Putty: Made from hydrated lime. 6. Mortar Additive: Hydrocide Powder by Sonneborn or approved equal. I 7. Non -Shrink Grout: Non -shrink, non-metallic grout shall be US Grout "5- STAR", Protex "Propak", Master Builders "Masterflo 713", or approved equal. 8. Water: Clean and from a potable source. 1 Part 3 - EXECUTION 3.1 MANHOLE CONSTRUCTION A. Excavate to planned depth in accordance with Section 02221. CEI Project 10963 Page 02602-2 04/16/96 B. Barricade excavation site in accordance with Section 01500. C. Place pre -cast manhole in accordance with manufacturer's recommendations, plumb, and to grade. D. Plug lifting holes on inside and outside. Grout lift holes on both sides. E. Manhole ring may be cast into top section or may be cast -in -place. F. Place concrete and form invert. G. Backfill in accordance with Section 02221. H. Test manhole in accordance with Section 02722. END OF SECTION CEI Project 10963 - Page 02602-3 I I IJ I L Section 02615 IRON PIPE AND FITTINGS Part 1 - GENERAL 1.1 SCOPE 04/16/96 This section covers ductile iron pipe and fittings for potable water and wastewater systems. 1.2 RELATED WORK IA. Pipe Laying is specified in Section 02600. B. Potable water systems are specified in Section 02675. C. Valves are specified in Section 02641. D. Plastic Pipe is specified in Section 02622. I• E. Sanitary sewer systems are specified in Section 02722. I I I I I I I I 1.3 A. AWWA 1. C104, "American National Standard for Cement -Mortar Lining for Ductile - Iron Pipe and Fittings for Water". 2. C110, "American National Standard for Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In., for Water and Other Liquids". 3. C111, "American National Standard for Rubber Gasket Joints for Ductile Iron and Gray -Iron Pressure Pipe and Fittings" 4. C151, "American National Standard for Ductile Iron Pipe, Centrifugally Cast in Metal Molds or Sand -Lined Molds, for Water or Other Liquids" 5. O53, "American National Standard for Ductile -Iron Compact Fittings, 3 In. Through 24 In., for Water Service". B. ASTM 1. D 1248, "Standard Specification for Polyethylene Plastics Molding and Extrusion Materials" 1.4 QUALITY ASSURANCE A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. ICEI Project 10963 Page 02615-1 I 04/16/96 1 B. Affidavits of Compliance and Independent Laboratory Inspection 1. Ductile iron pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM/AWWA Standards have not been complied with after the pipe has been delivered, 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. Owner will pay the cost of the testing and sampling if the pipe is in compliance with the Specifications. However, Owner will not be responsible for delays. The independent laboratory may be chosen by Owner or the manufacturer, as directed by Engineer, and shall be approved by Engineer. C. Joint lubricant containers must be labeled with manufacturer's name and must be labeled as pipe joint lubricant. 1.5 DELIVERY STORAGE AND HANDLING A. Comply with pertinent provisions of Section 01620. B. Protect polyethylene encasement from prolonged exposure to sunlight. Part 2 - MATERIALS 2.1 PIPE AND FITTINGS A. Ductile Iron Pipe and Ductile Iron Pipe Fittings With Mechanical Type Joints. Unless otherwise specified or shown on the Drawings or specified, pipe and fittings furnished on this project shall be ductile iron; pipe and fittings shall have mechanical joints. 1. Ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of AWWA C151, latest revision, and shall be Pressure Class 250 for 24 inch diameter pipe, Pressure Class 300 for 20 inch diameter pipe, and Pressure Class 350 for 18 inch diameter pipe and smaller, unless otherwise indicated on the Drawings. ICEI Project 10963 Page 02615-2 I ' 04/16/96 ' 2. Ductile Iron Pipe Fittings (3 Inch Through 24 Inch). Fittings over 3 inches shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53. Fittings shall have a minimum pressure rating of 350 pounds per square inch and shall be lightweight (compact) fittings, unless otherwise indicated on the Drawings. 3. Ductile Iron Pipe Joints. Ductile iron pipe and ductile iron fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with ANSI/AWWA Cli1/A21.11. 4. Restrained Joints. Restrained joint pipe and fittings shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWWA C151/A21.51 and AWWA/ANSI C110/A21.10. Restrained joint pipe shall be "TR Flex," as manufactured by U.S. Pipe, or equal. 1 5. Swivel and Fire Hydrant Tee. Fire hydrant shall be set using MJ-MJ swivel joint tee having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restrained joints shall be used where testing will be done against closed valves, at vertical bends, and at other locations at Contractor's option. 6. Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe manufacturer, and applied as per the manufacturer's recommendations. 7. Tapping sleeves shall be designed for 200 psi and shall be JCM Type 432 for 6 -inch through 12 -inch lines and JCM Type 412 for 12 -inch lines and larger, or equal. Taping sleeves shall be vinyl coated. 2.2 LINING AND COATING A. Water Pipe. Ductile iron pipe and ductile iron fittings used for water systems shall have a standard thickness cement mortar lining in conformance with ANSI/AWWA C104/A21.4. B. Sewer Pipe 1. Ductile iron pipe and ductile iron fittings used for sewer systems shall have a 40 mil polyethylene lining. The lining shall be a blend of high density and • low density polyethylene powders complying with ASTM D 1248. Additives to the liner shall be limited to carbon black; inert filler per manufacturer's recommendation. 2. Prior to application of lining, remove at least 75 percent of the high temperature oxide film; fittings shall be sandblasted then cleaned of residual materials from sandblasting. Preheat pipe or fitting uniformly to a CEI Project 10963 Page 02615-3 I I I I I U I I S I I I I 1J I I I 04/16/96 temperature adequate to provide uniform fusing of polyethylene powders and bonding to pipe or fitting. Hermetically seal lining at ends of pipe or fitting. 3. Test each pipe and fitting with a 400 volt wet sponge spark test. An alternative test may be used according to manufacturer's standard. Cut a sample from a production pipe and test as 4 hour boil adhesion test. C. Outside Coating: Ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. Factory Primed Pipe. Unless otherwise shown on the Drawings, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned, and primed with one coat of Kop-Coat 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal. 2. Bituminous Coating. Pipe and fittings indicated for buried service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 2.3 DETECTABLE TAPE Shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/1 inch x 1,000 feet. The tape shall be color coded and imprinted with the message as follows: Type of Color Utility Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below Sewer Safety Precaution Green Caution, Buried Sewer Line Below Li CEI Project 10963 - Page 02615-4 04/16/96 Part 3 - EXECUTION 3.1 GENERAL Pipe shall be laid in conformance with Section 02600. 3.2 PIPE DETECTION TAPE Pipe detection tape shall be provided in all trenches for water and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. END OF SECTION CEI Project 10963 Page 02615-5 Section 02616 POLYETHYLENE ENCASEMENT Part 1 - GENERAL This Section covers polyethylene encasement of iron pipe and fittings. RELATED SECTIONS A. Iron Pipe is specified in Section 02615. B. Pipe Laying is specified in Seciton 02600. REFERENCES A. AWWA C105, "American National Standard for Polyethylene Encasement of Ductile -Iron Pipe Systems". QUALITY ASSURANCE Polyethylene encasement materials shall be products of a manufacturer experienced in producing encasement materials in compliance with the governing standard, and installed by workers experienced in this type of construction. SUBMITTALS Submit manufacturer's data for polyethylene materials. Part 2 - PRODUCTS 2.1 POLYETHYLENE A. Comply with ANSI/AWWA C105, latest revision. CE! Project 10963 Page 02616-1 04/05/96 B. Polyethylene film shall have a minimum nominal thickness of 0.008 inches (8 mils), and shall be provided in tube style only. Nominal Pipe Dia. Flat Tube inches 4 16 6 20 8 24 12 30 16 37 24 54 Part 3 - EXECUTION 3.1 POLYETHYLENE TUBE INSTALLATION A. Assemble tube on pipe as specified in ANSI/AWWA C105. B. In dry trench conditions, tube may be assembled on pipe in trench. C. In wet trench conditions, tube must be assembled on pipe before lowering into trench. D. Seal any opening in tube with polyethylene compatible adhesive tape. E. Wrap odd -shaped iron appurtenances with a split length of polyethylene tube. 3.2 INSTALL POLYETHYLENE ENCASEMENT A. Use Method A or B as specified in ANSI/AWWA C105 for slip-on joints. B. Use Method A as specified in ANSI/AWWA C105 for bolted joints. END OF SECTION CEI Project 10963 Page 02616-2 I I I I I I Section 02622 PLASTIC PIPE AND FITTINGS Part 1 - GENERAL 1.1 SCOPE 04/16/96 This section covers polyvinyl chloride (PVC) pipe and fittings for potable water and wastewater systems. 1.2 RELATED WORK A. Wastewater systems are specified in Section 02722. ' B. Potable water services are specified in Section 02666. C. Potable water systems are specified in Section 02675. D. Ductile Iron Pipe and Fittings are specified in Section 02615. IE. Pipelaying is specified in Section 02600. I I I I I I I I 1.3 REFERENCES A. ASTM 1. D 1784, "Standard Specification for Rigid Poly(Vinyl Chloride) (PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC) Compounds" 2. D 2241, "Standard Specification for Poly(Vinyl Chloride) (PVC) Pressure - Rated Pipe (SDR-Series)" 3. D 3034, "Standard Specification for Type PSM Poly(Vinyl Chloride) (PVC) Sewer Pipe and Fittings" 4. D 3139, "Standard Specification for Plastic Pressure Pipes Using Flexible Elastomeric Seals" 5. D 3212, "Standard Specification for Drain and Sewer Plastic Pipe using Flexible Elastomeric Seals" 6. F 477, "Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe" B. AWWA 1. C900, "Polyvinyl Chloride (PVC) Pressure Pipe, 4 In. Through 12 In., for Water Distribution". 2. C905, "Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters 14 In. Through 36 In." CEI Project 10963 Page 02622-1 I 04/16/96 ' 1.4 SUBMITTALS Submit manufacturer's data for pipe being supplied; include weights, handling procedures, jointing procedures, field cutting, manufacturing materials, markings, and other pertinent drawings and data. 1.5 QUALITY ASSURANCE A. No field testing of pipe, except pressure testing of completed systems will be required unless evidence develops that material is not as specified or as certified by manufacturer. ' B. Affidavits of Compliance and Independent Laboratory Inspection •' 1. PVC pipe and ductile iron pipe fittings furnished and installed shall be inspected and tested by the manufacturer. Manufacturer shall furnish to Engineer, prior to delivery, certificates stating that all pipe will be ' manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. 2. If evidence appears that all provisions of the applicable ASTM/AWWA standards have not been complied with after the pipe has been delivered, 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 and Contractor if ' the pipe is not in compliance. Owner will pay the cost of the testing and sampling if pipe is in compliance with the Specifications; however, Owner will not be responsible for job delay. The independent laboratory may be ' chosen by the Owner or the pipe manufacturer, and shall be approved by the Engineer. ' C. Joint lubricant containers must be labeled with manufacturer's name and must be labeled as pipe joint lubricant. ' D. Stamp manufacturer's name or trademark, ASTM standard, SDR, and Cell Class on each pipe. ' 1.6 DELIVERY STORAGE AND HANDLING ' A. Comply with pertinent provisions of Section 01620 B. Minimize handling of pipe below 25 degrees F. ICEI Project 10963 Page 02622-2 I I L I I I I I I I I I I 1 I I 04/16/96 Part 2 - PRODUCTS 2.1 MATERIALS A. Potable Water Pipe PVC pipe 2 inches in size shall be manufactured in accordance with ASTM D 2241 and shall have an SDR of 17. PVC pipe 4 inches through 12 inches in size shall be manufactured in accordance with AWWA Specification C900 and shall have a DR of 14; PVC pipe 14 inches through 24 inches in diameter shall be manufactured in accordance with AWWA C905 and shall have a DR of 21. 2. 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. Nominal laying length shall be 20 feet. 3. Joints for 2 -inch plastic pipe shall conform to ASTM D 3139. Joints for plastic pipe 4 inches and larger shall conform to AWWA C900 or C905, as applicable. 4. Fittings for PVC pipe 2 -inch diameter shall comply with ASTM D 3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals". 5. Fittings for PVC pipe 4 inches and larger shall conform to the specifications for ductile iron fittings. B. Gravity Wastewater Pipe Supply pipe and fittings, 4 inch diameter and greater, in compliance with ASTM D 3034 limited as follows. a. Manufacture pipe and fittings with PVC compound having cell classification 12454B conforming to ASTM D 1784. b. Manufacture pipe and fittings with wall thickness classification SDR 26. c. Manufacture pipe and fittings to use Elastomeric Gasket Joints that comply with ASTM D 3212. C. Elastomeric Gaskets: Supply gaskets manufactured in compliance with ASTM F 477 and with additional markings as follows. 1. Year of manufacture. 2. Color striped on the side of gasket that faces open bell. ICEI Project 10963 Page 02622-3 I 04/16/96 D. Trace wire shall be 14 gage coated copper for underground burial and shall be taped to the top of the pipe at 12 foot intervals. I D I I I I I I I I I 1J I I I E. Detectable tape shall be "Detect Tape" as manufactured by Allen Systems, Inc. or approved equal, and shall consist of a minimum thickness of 0.35 mils solid aluminum foil encased in a protective inert jacket that is impervious to all known alkalis, acids, chemical reagents, and solvents found in the soil. The minimum overall thickness of the tape shall be 5.5 mils and the width shall not be less than 2 inches with a medium unit weight of 2-1/2 pounds/1 inch x 1,000 feet. Tape shall be color coded and imprinted with the message as follows. Type of Color Utility Code Legend Water Safety Precaution Blue Caution, Buried Water Line Below Sewer Part 3 - EXECUTION 3.1 INSTALLATION Safety Precaution Green Caution, Buried Sewer Line Below A. Pipe Installation is covered in Section 02600. B. Pipe Detection tape shall be provided in trenches for water and sewer line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. C. Trace wire shall be laid adjacent to all PVC installations and shall be looped around the pipe at least once per joint and connected to all valves and fittings. A tracing test shall be required prior to final acceptance. END OF SECTION CEI Project 10963 Page 02622-4 I I I I n n I Section 02641 VALVES Part 1 - GENERAL 1.1 SCOPE 04/12/96 This section covers valves for potable water systems, except for valves for individual service connections. 1.2 RELATED WORK A. Iron pipe and fittings are specified in Section 02615. 1 B. PVC pipe is specified in Section 02622. C. Potable water services are specified in Section 02665. D. Potable water systems are specified in Section 02713 I 1.3 REFERENCES •' A. AWWA Standards: 1. C504, "Rubber Seated Butterfly Valves". 2. C509, "Resilient Seated Gate Valves for Water Supply Service." ' 3. C550, "Protective Epoxy Coatings for Valves and Hydrants." 4. C600, "Installation of Ductile -Iron Water Mains and Their Appurtenances". ' B. ASTM Standards: 1. A 126, "Standard Specification for Gray Iron Castings for Valves, Flanges, and ' Pipe Fitting". 2. A 153, "Standard Specification for Zinc Coating (Hot Dip) on Iron and Steel Hardware". ' 3. A 436, "Standard Specification for Austenitic Gray Iron Castings". 4. D 429, "Standard Test Methods for Rubber Property —Adhesion to Substrates". I I 1.4 SUBMITTALS A. Submit manufacturer's catalog data, including illustrations and a parts list, that identifies the materials to be used for making various parts, in sufficient detail to serve as a guide in the assembly and disassembly of the valve and for ordering repair parts. B. Submit a statement of the net assembled weight for each size valve exclusive of joint accessories. ICEI Project 10963 Page 02641-1 I 1 04/12/96 ' C. Submit drawings showing principal dimensions, construction details, and materials used for all parts of valve. 1.5 QUALITY ASSURANCE A. Valves shall be manufactured by a company with at least five years of experience in manufacturing the same type of valve in the required sizes. B. No field testing of valves, except pressure test of completed systems, will be required unless evidence develops that material is not as specified or as certified by manufacturer. 1.6 DELIVERY, STORAGE, AND HANDLING IComply with pertinent provisions of Section 01620 Part 2 - MATERIALS 2.1 GATE VALVES ' A. Gate valves shall be used for pipe up through 10 -inches in size. Valve sizes are indicated on the Drawings. ' B. Gate valves shall be iron body, resilient seated type, non -rising stem gate valves, in conformance with the requirements of AWWA C509. Gate valves shall be designed ' for a minimum of 200 psi working pressure. Gate valves shall be M&H, Waterous, Mueller, or Clow. C. Gate valves shall have O-ring stem seals. The O-ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. D. Gate valves shall have standard mechanical joint ends conforming with AWWA C111, unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Drawings. IF. Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left, counter -clockwise as viewed from the top. ' F. The interior and exterior of the valve body, bonnet, and seal plate shall have factory applied fusion bonded epoxy coating meeting AWWA C550. ' G. The valve shall be tested in accordance with AWWA C509. ICEI Project 10963 Page 02641-2 I HI L 7 E I II I I I I H Ia I I I I I 04/12/96 H. Bolting materials shall be zinc coated per ASTM A 153. 2.2 BUTTERFLY VALVES A. Butterfly valves shall be used for all pipe 12 -inches and larger. Valve sizes are indicated on the Drawings. B. Butterfly valves shall conform with the requirements of AWWA C504, except that valves shall be suitable for 200 psi working pressure and provide drip -tight shut off at 250 psi. Butterfly valves shall be groundhog type, as furnished by Henry Pratt Company HP -250 Ground Hog type, or equal. Manufacturer's other than Henry Pratt Company will be required to submit proof of design certificates as required by AWWA C504 paragraph 5.2.4. C. Valve body shall be constructed of cast iron ASTM A 126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Drawings. Body thickness shall be in strict accordance with AWWA C504, Class 150B, except as greater thicknesses are required for the greater pressures. D. Butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1. Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized, and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D 429, Method B. 2. Valves 24 inches and larger shall have seats of synthetic rubber compound. Seats shall be retained in the valve body by mechanical means without retaining rings, segments, screws, or hardware of any kind in the flow stream. Seats shall be a full 360 degrees circumference and replaceable without dismantling operator, disc, or shaft and without removing valve from the line. 3. Valve discs shall be as follows. a. For valves 12 inches through 20 inches, nominal diameter, valve disc shall be constructed of alloy cast iron ASTM A 436, Type 1. b. For 24 inch valves, nominal diameter, valve disc shall be cast iron with a stainless steel seating edge. E. Valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. Valve shall be equipped with a totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial. Operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T -wrench. Operators shall be designed to open with a counterclockwise rotation of the operator nut. Shaft seal shall be O-ring type. F. Valves shall have factory applied fusion bonded epoxy coating meeting AWWA C550, latest revision. CEI Project 10963 Page 02641-3 I I C I I I I I I 04/12/96 G. Valve shall be hydrostatically tested at 250 psi for leakage in accordance with AWWA C504, latest revision. H. Where valves are specifically shown and detailed on the Drawings to be painted, valves shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer of Kop-Coat 622 LCF Primer, or approved equal. Affidavit of Compliance - Manufacturer shall furnish to Engineer prior to delivery, an affidavit stating that valve and materials used in its construction conform to the requirements of AWWA C504 and that tests specified therein have been performed and that test requirements have been met. 2.3 TAPPING VALVES A. Tapping valves shall be gate valves, for buried service, of modified design to serve as valves to tap a pressurized pipeline. B. Tapping valves shall be manufactured by a company regularly supplying such valves, in the sizes required, for at least five years. IC. Valve sizes are indicated on the Drawings. 7 I I I D. Valve ends shall be: flanged end for bolting to the tapping sleeve; and mechanical joint end for joining to the new distribution main. E. Valves shall be suitable for a working pressure of 200 psi and a drip -tight shut-off pressure of 250 psi. F. Valve end shall allow direct connection of the tapping machine. G. Valve shall provide the necessary clear opening to allow insertion of the cutting mechanism and removal of the cut piece of pipe. H. Other provisions of Paragraph 2.1, covering gate valves, apply. 2.4 AIR/VACUUM RELEASE VALVES Air and vacuum valves shall be APCO, Series 140 for 3 -inch and smaller and Series IA. 150 for 4 -inch and larger. Sizes are indicated on the Drawings. ' B. Air and vacuum valves shall conform with the following. 1. Designed to allow large quantities of air to escape out of the orifice when filling the pipeline, to close watertight when liquid enters the valve, and to ' permit large quantities of air to enter through the orifice when the pipeline is being drained to break the vacuum. I CEI Project 10963 Page 02641-4 F C I I I n H B. Air/Vacuum release valve boxes shall be 48 -inch diameter concrete pipe or manhole ' section. Length of pipe shall be sufficient to reach from just above the pipeline to finish grade. Provide removable concrete cover for valve box, with a manhole frame and cover cast in the concrete cover. 1 ' Part 3 - EXECUTION 3.1 EXAMINATION 04/12/96 2. Discharge orifice area equal to or greater than the inlet of the valve. 3. Body and cover: cast iron, ASTM A 126 grade B. 4. Float: stainless steel, ASTM A 240. 5. Seat: Burn -N. 6. Exterior paint: phenolic primer red oxide, FDA and/or EPA approved for contact with potable water. 7. Protector hood: steel. 2.5 VALVE BOXES A. Valve boxes for gate valves, butterfly valves, and tapping valves shall be constructed of cast iron. Valve box and appurtenances shall consist of a base, extensions as required, and a top section with a drop lid. The lid shall be marked with the word "WATER". Valve boxes shall be compatible with the valve for which they are provided. I [1 A. Inspect valves prior to installation for direction of opening, number of turns to open, freedom of operation, tightness of pressure, containing bolting and test plugs, cleanliness of valve port and seating surfaces, handling damage, and cracks or other defects. B. Mark defective valves and remove from job site. C. Check bolts and nuts for proper tightness, expect seat adjusting bolts or screws in butterfly valves. 3.2 PREPARATION ' A. Widen trench as necessary to allow for installation of valve and provide working room on all sides of valve, and to allow installation of valve box and supports. I I B. Shape bedding to allow valve bottom to be fully supported by bedding. Valves at right angle to pipeline shall not cause torque stresses in pipeline. Tapping valves and machines shall be supported by crushed stone or concrete pads. Fill over -excavation I CEI Project 10963 Page 02641-5 C n E C 04/12/96 required for installation and removal of tapping machine with crushed stone before continuing pipe laying. 3.3 INSTALLATION IA. Install gate valves in compliance with AWWA C509, Appendix A. B. Install butterfly valves in compliance with AWWA C504, Appendix A. I I I I I I I I I I 11 C. Tapping Sleeve and Valve. 1. Disinfect tapping sleeve, tapping valve, and tapping machine in accordance with AWWA C651 and manufacturer's recommendations. 2. Install tapping sleeve according to manufacturer's recommendations. Verify that sleeve fits pie in a drip -tight manner. 3. Install tapping valve on tapping sleeve. Tapping valve shall be fully supported on crushed stone base or concrete pad so that no stresses are transmitted on the pipe being tapped. 4. Install tapping machine on tapping valve and proceed with tapping operation per manufacturer's recommendations. 5. Install thrust blocking after tapping operation is complete and before continuing pipe laying. D. Valve Box 1. Prove a valve box as specified for each valve used in a buried service application. Valve box shall be installed so as not to transmit shock or stress to the valve. Valve box shall be centered and plumb over the operating nut of valve with box cover flush with the finished surface. Valve box shall be backfilled evenly around its perimeter with select material. Backfill material shall be hand tamped so that the ground will not settle after placement of the concrete collar. 2. Construct a 24 inch square concrete collar around valve box lid. Collar shall be centered on valve box lid and shall be 6 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Place concrete to avoid splatter on valve box lid. Construct valve box collars after every item of cleanup has been completed. END OF SECTION ICE! Project 10963 Page 02641-6 04/15/96 Section 02644 FIRE HYDRANTS Part 1 - GENERAL 1.1 SCOPE This section covers fire hydrants. 1.2 RELATED WORK A. Installation of the valve isolating the fire hydrant, the valve box, concrete pad surrounding top of valve box, and pipe connecting valve to fire hydrant are included in fire hydrant construction. B. Excavation and backfilling for the fire hydrant is specified in Section 02221. C. Iron pipe supplying the fire hydrant is specified in Section 02615. D. Valve used to isolate the fire hydrant is specified in Section 02641. E. Concrete is specified in Section 03316. F. Testing of fire hydrants as part of the completed water system is specified in Section 02675. 1.3 REFERENCES A. AWWA: C502, "Dry Barrel Fire Hydrants". 1.4 SUBMITTALS Submit manufacturer's data and drawings. If specifically requested by Owner or Engineer, submit report of factory tests. Part 2 - PRODUCTS 2.1 FIRE HYDRANTS A. Fire hydrants shall be dry barrel hydrants in conformance with AWWA C502, and shall be designed for a working pressure of 200 psig. Pressure Class 200 fire hydrants shall be three-way. Approved fire hydrants are Mueller Centurion, Catalog No. A-423, or Waterous 5-1/4 inch WB67-90. CEI Project 10963 Page 02644-1 I I I FT FT 04/15/96 B. Hydrant shall have a 6 inch mechanical joint inlet in conformance to dimensions shown in ANSI/AWWA CII0/A21.10. Three-way hydrants shall have a 5-1/4 inch valve opening. C. Fire hydrants shall be equipped with a two-piece barrel having a breakaway flange at the ground line and shall be designed for a 42 -inch bury. Extensions shall be Mueller A-320 or equal. D. Hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4-1/2 inch pentagon; National Standard operating nut designed to open counterclockwise. E. Fire hydrants shall be equipped with a safety stem coupling and flange which are I intended to fail upon vehicle impact without damage to the stem or main valve. II LI 100% of weight passes 1 1/2 inch screen ' 50%-90% of weight passes 3/4 inch screen 25%-50% of weight passes 1/4 inch screen 10%-30% of weight passes No. 4 screen ' 3%-10% of weight passes No. 200 screen 2.3 PAINT 2.2 AGGREGATE Aggregate placed to receive drainage from fire hydrant shall be crushed or washed stone and graded as follows. I I I I I Fire hydrant paint shall be reflectorized paint equal to 3M Company number 7216. 2.4 SOURCE QUALITY CONTROL Each assembled fire hydrant shall be tested in accordance with AWWA C502 paragraph 5.1.6. Part 3 - EXECUTION 3.1 EXAMINATION Prior to installation, hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and cracks. 1 3.2 INSTALLATION I C A. Install fire hydrants at locations indicated on the Drawings or as directed by Engineer. CEI Project 10963 Page 02644-2 I 04/15/96 B. Fire hydrants shall be 6'-0" bury when hydrant tee is 24 -inch by 6 -inch or greater. Fire hydrants shall be 3'-6" bury when hydrant tee is less than 24 -inch by 6 -inch. C. Hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground. ' D. When hydrants are placed beyond the curb, hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be not less than 12 inches nor more ' than 18 inches from the gutter face of the curb. When set in the lawn space between curb and sidewalk, or between the sidewalk and the property line, no portion of hydrant or nozzle cap shall be within 6 inches of the sidewalk. In the ' case of relocation of water lines along a future roadway alignment, in a cut or fill area, the hydrant shall be placed as directed by Engineer. ' E. Each hydrant shall be connected to the main with a 6 -inch ductile -iron pipe branch and an independent 6 -inch gate valve. The 6 -inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. F. Wherever a hydrant is set in soil that is not pervious, drainage shall be provided at the base of the hydrant by placing aggregate from the top of the concrete reaction blocking to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. 1 G. Bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction blocking as indicated on the Drawings. In no case shall the concrete blocking block or impede flow from fire hydrant drain ports. Fire hydrant, fittings, and pipe shall be wrapped with visqueen to prevent bonding to the concrete. 1 H. The fire hydrant shall be painted after installation. 3.3 FIELD QUALITY CONTROL ` A. Operate hydrant valve and nozzles after installation but before system testing through two complete opening and closing cycles. 1 B. Each hydrant shall be tested in place as part of the water system test, as specified in Section 02675. END OF SECTION ' CE! Project 10963 Page 02644-3 06/12/96 Section 02650 PIPELINE SCHEDULE I I 1 1 1 1 1 1.1 SECTION INCLUDES A schedule of pipe material types for the different pipelines in the Work. 1.2 ABBREVIATIONS The following abbreviations apply to this section. DIP Ductile -Iron Pipe C900 AWWA C900 PVC pipe, with ductile -iron fittings PVC Smooth Wall PVC pipe, with ductile -iron fittings MJ Mechanical Joint type joints 1.3 SCHEDULE Pipeline Diameter Service Materials Allowed Joints (inches) A 24 Potable Water DI Restrained 20 Potable Water DI Restrained 16 Potable Water DI Restrained B 8 Potable Water DI, C900 MJ C 12 Potable Water DI, C900 MJ D 8 Potable Water DI, C900 MJ 6 Potable Water DI, C900 MJ E 8 Potable Water DI, C900 MJ F 8 Potable Water DI, C900 MJ G 12 Potable Water DI, C900 MJ H 12 Potable Water DI, C900 MJ I 6 Potable Water DI, C900 MJ A 12 Sanitary Sewer PVC Push on A 8 Sanitary Sewer PVC Push on B 8 Sanitary Sewer PVC Push on C 8 Sanitary Sewer PVC Push on D 8 Sanitary Sewer PVC Push on E deleted from project F 8 Sanitary Sewer PVC Push on G 8 Sanitary Sewer PVC Push on H 8 Sanitary Sewer PVC Push on CEI Project 10963 Page 02650-1 04/16/96 Section 02666 POTABLE WATER SERVICES Part 1 - GENERAL 1.1 SCOPE This Section covers materials and construction of potable water services. 1.2 RELATED WORK A. Trenching, backfill and compacting is specified in Section 02221. B. Site restoration is specified in Section 02261. C. Testing of water system is specified in Section 02675. 1.3 REFERENCES A. AWWA C 800, "Underground Service Line Valves and Fittings." B. ASTM 1. A 395, "Standard Specification for Ferritic Ductile Iron Pressure -Retaining Castings for Use at Elevated Temperature". 2. B 88, "Standard Specification for Seamless Copper Water Tube". Part 2 - PRODUCTS 2.1 PIPE MATERIALS A. Tapping Saddle Complying with AWWA C800, Mueller DN1S or equal; outlet tapped with AWWA taper for counter clockwise threading; double stainless steel strap; ASTM A 395 ductile iron nylon coated body; nitrile o -ring gasket. Tapping saddle for 24 -inch diameter pipe shall be of similar materials, design, and quality. CEI Project 10963 Page 02666-1 04/16/96 B. Corporation Stop AWWA C800, Mueller H-15008 or equal; type 110 compression fittings. C. Dual Meter Fitting Mueller H-15363 with 110 compression connections, 7'h inch width. D. Meter Yoke Mueller B -2404F, with Mueller H-14222 tail pieces and H-14227 coupling both ends; copper construction; with Mueller 300 angle full port ball valve on inlet end. E. Copper Piping 3/4 inch and 1 inch service pipe shall be Type "K" copper, soft, tempered, seamless, for underground installation, in accordance with ASTM B 88. F. Pipe Fittings Mueller 110 Compression fittings. G. Road Crossing Carrier Pipe Galvanized steel, minimum 2 -inches diameter. 2.2 METER BOX AND LID A. Meter Box 18 -inch diameter by 24 inch deep, PVC pipe with minimum 0.275 inch wall thickness. B. Meter Box Lid 18 -inch diameter cast iron flat meter lid, Western Iron C -109P. 2.3 WATER METER Water meters will be furnished and installed by Owner. Part 3 - EXECUTION 3.1 EXAMINATION Examine all water service materials for defects and suitability for intended service. 3.2 PREPARATION Coordinate water service construction with Engineer and Owner to assure Owner is prepared to provide and install meters. CEI Project 10963 Page 02666-2 I I 04/16/96 3.3 WATER SERVICES A. Approximate locations for new water meters are indicated on the Drawings. Exact locations will be determined at the site, to accommodate property owner's desires, subject to Owner's approval. B. The sequence for construction and connection of new water services will be as follows. 1. New water main must be in place and approved before service taps can be made. 2. Expose existing service piping for a sufficient area so all connection areas are exposed. 3. Tap water main; install copper water tubing to new meter location; install meter box and pipe and fittings inside meter box; install service tubing between new meter location and existing service line, but do not make connection to existing piping. 4. Owner's personnel will install meters. 5. Connect new copper water tubing to existing service piping using appropriate transition coupling if required; do not connect dissimilar metals without an isolating coupling. 6. Open corporation stop and curb stop to restore service. C. Water service lines installed under new or existing pavement shall be inserted into ' a steel casing pipe. D. Follow proper disinfection procedures during services installation. E. Inspect completed water services for leaks and repair as necessary. I END OF SECTION n, I I CEI Project 10963 Page 02666-3 ' 04/16/96 ' Section 02675 WATER SYSTEM - MAINTENANCE OF SERVICE AND DISINFECTION Part 1 - GENERAL 1.1 SCOPE ' This Section covers the actions necessary to maintain the existing and expanded system. Interruption to the existing system's quality and pressure must be kept at a minimum. 1.2 RELATED WORK ' Iron pipe and fittings are specified in Section 02615. Plastic pipe and fittings are specified in Section 02622. • Valves are specified in Section 02641. ' Fire Hydrants are specified in Section 02644. Potable Water Services are specified in Section 02666. - 1.3 REFERENCES ' A. AWWA 1. C600, "Installation of Ductile -Iron Water mains and Their Appurtenances" 2. C651, "Disinfecting Water Mains" ' Part 2 - PRODUCTS Water for flushing and testing water lines will be furnished by Owner at no cost to Contractor. ' Part 3 - EXECUTION 3.1 GENERAL This section outlines the testing of pipe materials, joints, and/or other materials incorporated into the construction of water mains to determine leakage and watertightness. Pressure pipelines shall be tested in accordance with Section 4 of AWWA C600 and as specified herein. ICEI Project 10963 Page 02675-1 I 04/16/96 3.2 MAINTENANCE OF SERVICE Schedule and execute construction to minimize service interruption. Whenever it is necessary for water service to be interrupted for any period of time, provide 5 days notice to affected businesses and 24 hour notice to affected residences before interrupting service. ' 3.3 FLUSHING 1 Fill and flush the newly constructed lines and visually check combination air release and vacuum valves, blow -off valve assemblies, line valves, and fire hydrants to assure proper operation. ' 3.4 TESTING • A. Hydrostatic Testing • 1. After water line and service line has been laid, including taps and meter settings, newly laid pipe or any valved section thereof shall be subjected to hydrostatic testing. • 2. Each valved section of pipe shall be slowly filled with water and the specified test pressure shall be applied by means of a pump connected to the pipe in a manner satisfactory to Engineer. Before applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation cocks where necessary. 3. Test pressure shall be the greatest of 150 percent of the static pressure or 200 psi, whichever is greater. Provide all pumps or other equipment necessary to maintain the test pressure within 5 psi at the test point for a period of two 'hours. Fire hydrant valves shall be open during the pressure test. B. Leakage 1. The leakage test shall be conducted concurrently with the pressure test. Leakage is defined as the quantity of water that must be supplied into the ' newly laid pipeline, or any valved section thereof, to maintain pressure within 5 psi of the specified test pressure after the air in the pipeline has been expelled and the pipeline has been filled with water. Leakage shall not be measured by ' a drop in pressure in a test section over a period of time. No pipeline installation will be accepted if the leakage is greater than that determined by the following formula: I 1 0EI Project 10963 Page 02675-2 I I I I I I I I I I L I I L I I I 04/16/96 L= SD/P 133200 L = allowable leakage, (gallons per hour) S = length of pipe tested, (feet) D = nominal diameter of pipe, (inches) P = average test pressure during test, (psig) 2. If the leakage is greater than specified above, locate and make repairs as necessary until leakage is within specified allowance, without additional cost to Owner. 3. Repair visible leaks regardless of the amount of leakage. 3.5 DISINFECTION A. After successful pressure testing, the lines shall be flushed with a velocity equal to or greater than 2% fps. The line shall then be disinfected in accordance with AWWA C651, continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. B. Pipes are to be disinfected after laying is completed by holding a chlorine solution of at least 50 ppm strength in the pipe for 24 hours. At the end of the 24 hour period, the treated water shall contain no less than 25 ppm of chlorine throughout the length of the main. C. As the heavily chlorinated water flows past fittings and valves, related valves and hydrants shall be operated so as to disinfect new appurtenances and pipe branches. Take extreme care to prevent heavily chlorinated water from flowing back into water mains in active service. Take care to ensure that discharge of flushing water shall not adversely affect any downstream properties. The disinfecting water shall be diluted or otherwise have the chlorine concentration diluted in a manner approved by Engineer. The cost of the chemicals shall be borne by Contractor. D. After the lines have been disinfected, they shall be thoroughly flushed until chlorine residual measurements show that the concentration in the water leaving the main is no higher than that generally prevailing in the system or is acceptable for domestic use, or less than 1 ppm. Disposal of flushing water shall be as described above and as provided by applicable Laws and Regulations. Procure a special permit from the Arkansas Department of Pollution Control & Ecology to discharge the solution and water used in the disinfection of the pipes. E. Bacteriological samples shall then be collected from each respective section of the new main on two consecutive days and shall be submitted to the Arkansas Department of ICEI Project 10963 Page 02675-3 I ' 04/16/96 Health for analysis. Sampling shall be restricted to Monday, Tuesday, and Wednesday. The samples shall be collected by Owner personnel. F. Water lines shall not be placed in service until the results of two consecutive daily samples showing negative reports for coliform bacteria (safe) are received by Engineer ' or Contractor and are submitted to Owner. 3.5 CONNECTION TO EXISTING WATER LINES A. Connections to existing water lines to remain in service shall be made as hot taps. ' B. Connections to existing water lines to be abandoned shall be made by cold taps after pipe is removed from service and drained to the greatest extent possible. Advise Owner and Engineer if method of connection, or inability to isolate section of line being taken out of service, will result in the need for public notification. C. Make valved connections to existing water lines prior to disinfection and testing. D. Disconnect existing water lines at points indicated on plans when notified by Engineer. Notification will occur after new water lines are approved. 1 I I I I I I I END OF SECTION ICEI Project 10963 Page 02675-4 I 04/15/96 Section 02722 ' SANITARY SEWAGE SYSTEMS Part 1 - GENERAL 1.1 SCOPE This Section covers the actions necessary to maintain the existing and revised sanitary sewage system. ' 1.2 RELATED WORK A. Iron pipe and fittings are specified in Section 02615. B. Plastic pipe and fittings are specified in Section 02622. C. Manholes are specified in Sections 02601 and 02602. Part 2- PRODUCTS Water for testing manholes will be furnished by Owner at no cost to Contractor. ' Part 3 - EXECUTION 3.1 GENERAL ' This Section outlines the testing of pipe materials, joints and/or other materials incorporated into the construction of sanitary sewers to determine watertightness. This section also ' discusses coordination of transferring sewage flows from existing sewers to new sewers. 3.2 MAINTENANCE OF SEWER SERVICE A. Plan sewer construction to minimize length of time that sewer service will be interrupted. ' B. If it is necessary to take a sewer line out of service, provide a temporary means of removing sewage from its source. This may be take the form of pumps inserted into ' upstream manholes and pumping to an undisturbed downstream manhole, or it may involve pumping and hauling. Other methods may be used that prevents sewage from backing up into structures. CEI Project 10963 Page 02722-1 I I I I P1 IL I I I I [J LJ I d 04/15/96 3.3 AIR TESTING A. After sanitary sewer and service pipe have been laid, all newly laid pipe shall be subject to an air pressure test to determine watertightness from air loss. B. Provide all necessary equipment to perform the air test in accordance with this specification. The test gage shall have incremental divisions of 0.10 psi and have an accuracy of at least plus or minus 0.04 psi. In no case shall a test gage be used which has incremental divisions of greater than 0.25 psi. The gage shall be of sufficient size to determine accuracy. C. PROCEDURE 1. Plug and brace all pipe outlets. 2. Pipe air supply to the pipeline to be tested so that the air supply may be shut off, pressure observed, and air pressure released from the pipe without entering the manhole. 3. Add air slowly to portion of pipe under test until the internal pressure of the line is raised to approximately 4 psig, but less than 5 psig. 4. Shut the air supply off and allow at least two minutes for the air pressure to stabilize. 5. When the pressure has stabilized and is at or above the starting test pressure of 3.5 psig, start the test. 6. Determine the time in seconds with a stopwatch for the pressure to fall 0.5 psig so that the pressure at the end of the time is at least 3.0 psig. 7. Compare the observed time with the minimum allowable times in the following chart for pass/fail determination. SPECIFICATION TIME REQUIRED FOR A 0.5 PSIG PRESSURE DROP FOR SIZE AND LENGTH OF PIPE INDICATED FOR Q = 0.0015 2 3 4 Min. Length Time Time for for (min. Min. Longer sec.) Time Length (ft.) (sec.) 100 ft. 150 ft. 200 ft. 250 ft. 300 ft. 350 ft. 400 ft. 450 ft. 6 2:50 398 .427L 2.50 2:50 2:50 2:50 2:50 2:50 2:51 3:12 8 3:47 298 .760L 3:47 3:47 3:47 3:47 3:48 4:26 5:04 5:42 10 4:43 239 1.187L 4:43 4:43 4:43 4:57 5:56 6:55 7:54 8:54 12 5:40 199 1.709L 5:40 5:40 5:42 7:08 8:33 9:58 11:24 12:50 15 7:05 159 2.671L 7:05 8:54 11:08 13:21 15:35 15:35 17:48 20:02 18 8:30 133 3.846L 8:30 9:37 12:49 16:01 19:14 22:26 25:38 28:51 8. If the pipeline to be tested is below the ground water level, the starting test pressure shall be increased by 0.433 psi for each foot the groundwater level is above the invert of the sewer pipe. In no case shall the starting test pressure exceed 9.0 psig. C. Safety Precautions: The low pressure air test may be dangerous to personnel if, through lack of understanding or carelessness, a line is over pressurized or plugs are installed improperly. It is extremely important that the various plugs be installed to ICEI Project 10963 Page 02722-2 I ' 04/15/96 prevent the sudden expulsion of a poorly inflated plug. As an example of the hazard, a force of 250 pounds is exerted on an 8 inch plug by an internal pressure of 5 psi. Observe the following safety precautions. 1. No one shall be allowed in the manholes during the test or when a plugged ' pipe is under pressure. 2. Gages, air piping manifolds, and valves shall be located at the top of the ground. 3. Install and brace all plugs securely. 4. Do not over pressurize the lines. ' 3.4 PIPE DEFLECTION TESTING A. PVC sewer lines shall be mandrel tested in accordance with these specifications prior to acceptance by Owner. B. Maximum allowable pipe deflection shall not exceed 5 percent of the inside diameter. ' C. Mandrel Requirements 1. Hand -pull mandrel through PVC sewer lines no earlier than 30 days after the ' trench has been completely backfilled. Uncover any sections of sewer not passing the mandrel; rebed, reround, or replace the sewer to the satisfaction of Engineer and Owner. Retest repaired section after. a_sufficient time has ' elapsed to ensure that trench settlement has stopped. This retest time shall be totally dependent upon method of repair. If the trench has been opened, the ' retest shall have the same requirements as the original installation. If the pipe has been rerounded, retest shall not occur sooner than 7 days after rerounding. 2. Provide mandrel and all necessary equipment for the mandrel test. The mandrel (go/no-go) device shall be cylindrical in shape and constructed with either 9 or 16 evenly spaced arms or prongs. Mandrels with less arms will be rejected as not sufficiently accurate. The contact length of the mandrel's arms ' shall equal or exceed the nominal diameter of the sewer to be inspected. Critical mandrel dimensions shall carry a tolerance of plus or minus 0.01 inch. 3. Owner reserves the right to mandrel test any PVC sewer pipe before ' acceptance, and also prior to expiration of the first year of operation. If a previously accepted line fails a mandrel test performed during the first year of operation, the defects must be corrected at Contractor's expense. ' 3.5 SYSTEM COORDINATION IA. Maintain existing sewer flow through new connecting manholes until new sewer is approved by Engineer. ' B. Existing Manhole to be Modified: Reshape manhole bottom to divert sewer flow into new sewer after new sewer is approved by Engineer. Place 12 inch long concrete CEI Project 10963 Page 02722-3 04/15/96 plug in each end of sewer to be abandoned. Face of plug to be flush with manhole interior. C. Expose service sewers before completing the first manhole downstream from the service sewer. Connect existing service sewer to new sewer after new sewer approved by Engineer. END OF SECTION CEI Project 10963 Page 02722-4 I 04/16/96 ' Section 03316 MISCELLANEOUS CONCRETE WORK Part 1 - GENERAL 1 1.1 SCOPE This section covers cast in place concrete and reinforcing steel used in the construction of manholes, thrust blocks, pipe bedding, concrete pads around valve and meter boxes, and ' concrete encasement. 1.2 RELATED WORK A. Quality control is specified in Section 01400. ' B. Cast -in -place manholes are specified in Section 02601. C. Fire hydrant blocking is specified in Section 02644. D. Pipe laying and encasement is specified in Section 02600. 1.3 REFERENCES A. ASTM Standards 1. A 185, "Steel Welded Wire Fabric, Plain, for Concrete Reinforcement 2. A 615, "Deformed and Plain Billet Steel for Concrete Reinforcement 3. C 31, "Standard Method of Making and Curing Concrete Test Specimens in the Field" 4. C 33, "Concrete Aggregates" ' 5. C 39, "Standard Test Method for Compressive Strength of Concrete" 6. C 143, "Standard Test Method for Slump of Portland Cement Concrete" 7. C 150, "Standard Specification for Portland Cement" Is. C 172, "Standard Method of Sampling Fresh Concrete" 9. C 231, "Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method" 10. C 260, "Air Entraining Admixtures for Concrete" 1.4 SUBMITTALS Submittals are not required for concrete work unless requested by Engineer. If requested, submit drawings and data as follows. It is anticipated that these will only be required to be ' submitted if field observations indicate to Engineer that the Work is not progressing according to the Contract Documents. I CEI Project 10963 Page 03316-1 I I 04/16/96 IA. Manufacturer's data for reinforcing steel. I B. Manufacturer's data for admixtures and curing compound. C. Mix design for concrete. ' D. Reinforcing placement drawings. 7 L I 1.5 QUALITY ASSURANCE A. Concrete shall be provided by a ready mix plant that has been in operation sufficient time to have a proven record of supplying concrete mixtures that perform satisfactorily. B. Concrete work, including formwork and reinforcing steel placement, shall be Iaccomplished by workers experience in the type of work being performed. I Part 2 - PRODUCTS ' 2.1 CEMENT Cement shall be Portland Cement conforming to .the requirements of ASTM C 150, Type I or IA. Type III or IIIA Portland Cement, high early strength, may be used if approved by Engineer; any extra cost will be borne by Contractor. ' 2.2 AGGREGATE ' Coarse aggregates shall be no larger than 3/4 inches. The designated range of coarse aggregate shall be 3/4 inch to No. 4. Fine aggregates shall consist of clean, sound, properly grade sand conforming to ASTM C 33. ' 2.3 WATER ' Water used in mixing concrete and mortar shall be potable water and shall be free from injurious amounts of acids, alkalies, oils, sewage, and organic matter. 2.4 REINFORCING STEEL Reinforcing steel shall be either deformed bars or welded wire fabric, as indicated on the Drawings. The steel shall conform to the following. Deformed bars ASTM A 615, Grade 60 Welded wire fabric ASTM A 185, Grade 65 CE! Project 10963 Page 03316-2 I ' 04/16/96 2.6 CURING COMPOUND Sonneborn liquid Kure -N Seal, or equal 2.7 CONCRETE COMPOSITION AND STRENGTH REQUIREMENTS A. Concrete shall be either Class A or Class B, and shall be composed of Portland cement, fine and coarse aggregate and water proportioned in keeping with the following. Class "A" Concrete Class "B" Concrete Minimum Sacks of Cement 6 5 (per Cubic Yard) ' Water (gallons per sack) 6-1/2 6 Slump (inches) 2 - 4 (w/ vibration) 2 - 4 (w/ vibration) ' 4 - 6 (w/o vibration) 4 - 6 (w/o vibration) Air Entrainment (percent) 6 Not applicable B. Air -entraining agents, if used, shall conform to ASTM C 260. The total air content (entrained and entrapped air) shall be 6 percent plus or minus 1 percent. IC. Proportioning of concrete shall be by weight except that water may be measured by volume. A one cubic foot sack of• Portland Cement will be considered as weighing 94 pounds. D. Class A concrete made with ordinary Portland cement shall have a minimum ' compressive strength at 28 days of 3500 psi. Class B concrete made with ordinary • Portland cement shall have a minimum compressive strength at 28 days of 2500 psi. If made with high early strength cement, those strengths shall be attained at the end of 7 days. Part 3 - EXECUTION 3.1 REINFORCING STEEL ' Steel reinforcing shall be free from rust, scale, and from mortar, dirt, or other objectionable coatings. It shall be placed accurately in accordance with details shown on 'the Drawings and with rebar detail drawings, and properly secured in position. I I CEI Project 10963 Page 03316-3 I ' 3.2 READY -MIX CONCRETE I I I I 04/16/96 Ready -mix concrete shall be delivered and placed within one hour after all materials, including mixing water, shall have been placed in the mixing drum. Each batch shall be accompanied by a load ticket with a copy for Engineer showing the concrete type, mixing proportions, and time mixing began. 3.3 VIBRATION Structural concrete shall be compacted by vibration as it is placed. The use of form vibrators is not acceptable. Internal vibrators shall be capable of transmitting vibration to the concrete at frequencies not less than 4,500 impulses per minute. Duration of vibration shall be limited to the time necessary to provide satisfactory consolidation without causing segregation. The vibrator shall not be inserted into lower courses previously vibrated. Vibrators shall be applied in a substantially vertical position and at uniformly spaced points not further apart than the visible effectiveness of the vibrator. Vibration shall be supplemented by such spading as Engineer may require. Concrete in pipe foundations need not be vibrated if other methods produce satisfactory results. Slump of concrete shall be the minimum practical. When vibration is used to consolidate concrete, slump shall not exceed 4 inches; otherwise, slump shall not exceed 6 inches. 3.4 FINISHING ' A. Provide formed concrete surfaces to be left exposed with. smooth rubbed finish. Sidewalk, drive, and street repairs shallbe. finished to match existing sidewalks, drives, and streets. ' B. Patch form ties and honeycombing in structural concrete. ' 3.5 CURING A. Immediately after placement, protect concrete from premature drying, excessively 'hot or cold temperatures, and mechanical injury. B. Cure concrete for at least 7 consecutive days. Cure unformed surfaces by one or the following methods. 1. Cover surface with moist fabric so that a film of water remains on the surface throughout the curing period. 2. Cover surface with curing paper and seal with tape. 3. Spray surface with water and cover with polyethylene film; seal with tape. ' 4. Apply a uniform coat of liquid curing and sealing compound in accordance with manufacturer's instructions. I ICEI Project 10963 Page 03316-4 E ' 04/16/96 3.6 FIELD QUALITY CONTROL A. Testing of concrete in the field, either as poured or after setting or curing shall be as required by Engineer. The cost of all testing to demonstrate compliance with the specifications shall as indicated in Section 01400. • B. Cooperate with testing laboratory. personnel to take and properly handle field samples. C. Composite samples shall be obtained in accordance with ASTM C 172 D. Mold and laboratory cure three specimens from each test required in accordance with ANSI/ASTM C 31 ' E. Measure air content in Class A concrete in accordance with ASTM C 231. all F Test the be tested ate 28 dayscimens lfor acceptance and one specimen shall be tested at 7 dayn accordance with ANSI/ASTM C 39. Two specimens s s for information. G. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance with ANSI/ASTM C 143. ' H. Failure of concrete is defined as the average compressive strength of houldthe test ruct the concrete rstructure at o additional cost to Ownes fail to demonstrate compliance withr Contractor shall then be responsible for the expenses involved in re -testing the concrete. ' I Testing will be required for every 50 cubic yards of concrete placed or as directed by Engineer. The cost of all testing made at the request of the Owner will be as t indicated in Section 01400. Engineer shall furnish Owner with copies of concrete testing required by Engineer during the course of the Work. 3.7 CLEANING Clean work areas and all concrete formwork and waste. Waste concrete shall not be disposed of on site except as approved by Engineer. I I Page 03316-5 ' CEI Project 10963 I. 04/16/96 3.8 SCHEDULE type of usage. ' Cast -in -place concrete class is generally indicated on the Drawings for each The following schedule will govern where no concrete class is indicated on the Drawings. ' Class B Clams x Curb and Gutter x Valve Box Pads x Thrust Blocking x Cast -in -place Manholes x Pipe encasement x ' Street and Drive Repair x Sidewalks END OF SECTION I. ' Page 03316-F CEI Protect 10963 Res. 92-9 Chny, On STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW /O-/- 5 7 Edwardr Der1.9n cny. GRANT REVIEW MICROFILMED Pe.- the Fayottov: l l .. City Council l et ng of i ___ ____ -� __ Mayor's approval only FROM: / Sid Norbash .fCIV✓ Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order #2 to the contract with Edwards Construction and Design, Inc. in the amount of $8,926.46 for Wedington Water & Sewer Relocations Project. COST TO CITY: . . , Cost of this Request 4470-9470-5808-00 5400-5600-5808-00 Account Number 95019 & 95040 Project Number s1; 7 , Wedington W/S Lines Reloc. Category/Project Budget Category/Project Name Ii I - $1,! t _ Capital Water & Sewer Mains Funds Use To Program Name Water & Sewer Sales Tax Remaining Balance Fund REVIEW: X Budgeted Item Budget Adjustment Attached Administrative Services Director CLCT/<`y2ANT /LEASE REVIEW: GRANTING AGENCY: I9 Accountin Manag Date A A Coordinator Date ✓ Cit Att rney Date ernal Auditor E6q Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of Change Order #2 Di Sion Head Date Cross Reference O' /J -/—c7 New Item: Yes_ NoX Department Director Date `O Prev Ord/Res #: Administ tive Se ces Director ate / Orig Contract Date: Mayo Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Kevin Crosson, PWD Charles Venable, Assistant�WD_� Don Bunn, City Engineer From: Sid Norbash, Staff Engineer Date: August 18, 1997 Re: Wedington Rd. Water & Sewer Relocations Change Order #2 - Extra work requested by the City At Eva Street 139 linear feet is to be replaced per Dave Jurgens' request, because the clay sewer pipe has deteriorated. At Lewis Street unexpected concrete encasement changed the scope of the work and delayed the contractor, and caused extra work. Please refer to the attached documents, which have been prepared by CEI Engineers, reference to the justifications for the changes. SN/sn Attachments: change order #1 •C RESOLUTION NO. 5-97�^ �///"♦+T ] 1 Y �r �/j �IVj A RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE CONTRACT WITH EDWARDS DESIGN & CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $98,895, FOR THE GARLAND AVENUE 12" WATER MAIN REPLACEMENT PROJECT; APPROVING A RELATED BUDGET ADJUSTMENT; APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH CEI ENGINEERING SERVICES INC. FOR ENGINEERING OF THE GARLAND AVENUE 12" WATER MAIN PROJECT; AND, APPROVAL OF THE USE OF THE EXISTING PROJECT CONTINGENCY AMOUNT OF $55,000 FOR ENGINEERING SERVICES, ESTIMATED NOT TO EXCEED $8,500, IF NEEDED. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves Change No. 1 to the contract with Edwards Design & Construction Company, Inc.. in the amount of $98,895, for the Garland Avenue 12" Water Main Replacement Project, and authorizes the Mayor and City Clerk to execute said change order. A copy of the change order is attached hereto marked Exhibit A and made a part hereof. Section 2. That the City Council hereby approves a budget adjustment in the amount of $98,895 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00, Project 95040 by decreasing Use of Fund Balance, Acct. No. 5400 0940 4999 99. A copy of the budget adjustment is attached hereto marked Exhibit B and made a part hereof. Section 3. That the City Council hereby approves Amendment No. 1 to the agreement with CEI Engineering Services Inc. for engineering of the Garland Avenue 12" Water Main Project. A copy of the agreement is attached hereto marked Exhibit C and made a part hereof. r 1 • • i �. ,. - Section 4: That the City Council hereby approves the use of the existing project C, tangency amoupt\of $55,000 for engineering services, estimated not to exceed $8500, if /RID APPROVED this 21st day of Janes, 1997. /. APPROVED: By: %S4— Frtd Hanna. Mayor ATTEST: By: Traci Paul, City Clerk rr r . EXHIBIT A CHANGE ORDER NO. 1 WEDINGTON DRIVE UTILITY RELOCATIONS DATE OF ISSUANCE OWNER: City of Fayetteville, Arkansas CONTRACTOR: Edwards Design & Construction, Inc. ENGINEER: CEI Engineering Associates, Inc. You are directed to make the following changes in the Contract Documents. Description: Add the 12 -inch PVC Garland Avenue water line to the project, including all connections and appurtenances indicated on drawing numbers 22 and 23, prepared by the Engineer and dated 12/9/96. Reason for Change: Added to project by Owner. Attachments: Schedule of Pay Items Changes, Drawing 22, Drawing 23. CHANGE IN CONTRACT PRICE: Original Contract Price $1,091,455.50 Net changes from previous Change Orders $0.00 (no previous Change Orders) Contract Price prior to this Change Order $1,091.455.50 Net Increase of this Change Order $98,895.00 Contract Price with all approved Change Orders 51,190,350.50 RECOMMENDED: DED: By: Dci& yy 1 . .YdJ Enaima ovum ttamiute) Date: 11319 7 CHANGE IN CONTRACT TIMES: Original Contact Times Substantial Completion: - 120 days Ready for Final Payment: 150 days Net change from Previous Change Orders 0 days (no previous Change Orders) Contract Times Prior to this Change Order Sustancial Completion: 120 days Ready for Final Payment: 150 days Net Increase of this Change Order Add 45 days Contract Times with all approved Change Orders Substantial Completion: 165 days Ready for Final Payment: 195 days APPROVED: By: i ra I'V's (A Sirmnc) Date: 17 1� ! LECEOMED AUG 251997 CHANGE ORDER flw DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Fayetteville OWNER'S Contract No. 46-41 CONTRACTOR Edwards Design & Construction ENGINEER CEI Engineering Associates You are directed to make the following changes in the Contract Documents. Description: Water & Sewer changes in Eva St. and Lewis Dr. area Reason for Change Order: See attached Attachments: (List documents supporting change) Description and Unit Price Details CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 120 $ 1 , 091.455.50 Ready for final payment: 150 days wdam Net changes from previous Change Orders No._Lto No. _ Net change from previous Change Orders No. 1 to No. _ $ +C1R� RQ5 +45 days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: 165 $ 1,190,350.50 Ready for final payment: 195 days w data Net Increase(d&WA&) of this Change Order Net Increase (de- .4 of this Change Order $ R,926.46 +7 days Contract Price with all approved Change Orders Contract times with all approved Change Orders Substantial Completion: 172 $_1,199276.9G Ready for final payment: 202 days w darn RECOMMENDED: By: Dnae L , . T, rngiw (Amhwiatl Sigwwrt) Date: -7/3/97 .1111 a• JAn I. Date: a a• a. J WEDINGTON DRIVE UTILITIES RELOCATION PROJECT Change Order Number 2 Eva Street and Lewis Drive Area Changes Description At Eva Street, remove approximately 139 liner feet of existing damaged 6 -inch sewer, and replace with 8 inch SDR 26 sewer. Revise the grade of this sewer so that downstream manhole Cl does not have to be a drop manhole. Remove and replace curb and gutter and pavement as required. Properly dispose of removed sewer pipe. At Lewis Drive, extensive concrete was encountered unexpected concrete structures or encasement of other utilities in the location where utilities under this project were to be installed. This required the use of special drilling equipment and personnel to drill through the concrete and allow the project to go forward. This work was done on a time and materials basis. This Change Order incorporates that time and materials into the contract. Contract Price Chances Item Item Change to New Est. Unit New Total Price No. Description Unit Quantity QuantityPrice Price Change 40 8 -inch PVC Sewer LF +139 774 $14.00 $10,836.00 +$1,946.00 6-8 feet deep 50 Service Wye and EA +1 11 $100.00 1,100.00 +$100.00 Tie-in 67 Asphalt Street SY +27.53 52.53 $80.00 $4,202.00 +$2,202.00 Repair Paving 68 Curb & Gutter Remove LF +4.17 54.17 $12.00 $600.00 $50.00 & Replace 74 Remove Existing LS $417.00 $417.00 +$417.00 6 -inch sewer 75 Tie to existing LS $750.00 $750.00 +$750.00 Manhole 76 Lewis Street Time LS $3,461.46 $3461.46 +3461.46 & Materials Net Change Order Amount $8,926.46 RESOLUTION NO. 92-96 A RESOLUTION APPROVING A CONTRACT IN THE AMOUNT OF $1,091,455.50, PLUS A 5% CONTINGENCY OF $55,000, WITH EDWARDS DESIGN & CONSTRUCTION, INC., FOR THE WEDINGTON DRIVE WATER & SEWER RELOCATION PROJECT; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby approves a contract in the amount of $1,091,455.50, plus a 5% contingency of $55,000, with Edwards Design & Construction, Inc., for engineering services and -construction on theWedington Drive water & sewer relocation project. The Mayor and City Clerk are hereby directed to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. Section 2. The City Council hereby approves a budget adjustment in the amount of $15,634 increasing Water Line Improvements, Acct. No. 5400 5600 5808 00, Project No. 95040 by decreasing, Water Line Improvements, Acct. No. 5400 5600 5808 00, Project No. 95036. A copy of the budget adjustment is attached hereto marked Exhibit "B" and made a part hereof. PASSED AND APPROVED this 6th day of Augut , 1996. APPROVED: By: red Hanna, Mayor ATTEST: By: Traci Paul, City Clerk F'�C ?ja a ` , Ct • l Y ; •y e Il Ml