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96-96 RESOLUTION
RESOLUTION NO. 96-96 A RESOLUTION AWARDING A CONSTRUCTION CONTRACT IN THE AMOUNT OF $666,946.60, PLUS A CONTRACT CONTINGENCY OF $133,053.40, TO NECESSARY & SONS FOR THE JOYCE BOULEVARD EXTENSION WEST. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Oily Council hereby awards a construction contract in the amount of $666,946.60, plus a contract contingency of $133,053.40, to Necessary & Sons for the Joyce Boulevard extension west. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 20th day of August , 1996. Traci Paul, City Clerk APPROVED: By: red Hanna, Mayor .4( 1 1 1 1 1 1 1 1 1 • • EXHIBIT A MICROFILMED PROJECT MANUAL ISSUED FOR • CONSTRUCTION :ENGINEERING CITY OF JOYCE BLVD. CONTRACT FAYETTEVILLE, CEI PROJECT AUGUST CEI Engineering 110 Bentonville, (501) FAX FAYETTEVILLE EXTENSION 96-14 ARKANSAS #10436.0 1996 Associates, Inc. W. Central AR 72712 273-9472 (501) 273-0844 PROJECT MANUAL ISSUED FOR CONSTRUCTION CITY OF FAYETTEVILLE JOYCE BLVD. EXTENSION CONTRACT 96-14 FAYETTEVILLE, ARKANSAS CEI PROJECT #10436.0 AUGUST 1996 CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 FAX (501) 273-0844 City of Fayetteville Joyce Boulevard Extension Section 00005 TABLE OF CONTENTS Section No. Title 00005 Table of Contents CONTRACT FORMS AND CONDITIONS 00500 Agreement Between Owner and Contractor 00700 General Conditions 00800 Supplementary Conditions SPECIFICATIONS Division 1 - General Requirements 01010 Summary of Work 01025 Measurement and Payment 01026 Schedule of Values 01027 Applications for Payment 01035 Modification Procedure 01040 Coordination and Meetings 01051 Construction Surveys 01060 Regulatory Requirements 01090 Reference Standards and Abbreviations 01300 Submittals 01310 Progress Schedules 01410 Testing Laboratory Services 01500 Construction Facilities and Temporary Controls 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 10436 Pages 08/21/96 00005-1 to 00005-2 00500-1 to 00500-9 1 to 42 00800-1 to 00800-16 01010-1 to 01010-2 01025-1 to 01025-13 01026-1 to 01026-2 01027-1 to 01027-3 01035-1 to 01035-4 01040-1 to 01040-4 01051-1 to 01051-2 01060-1 to 01060-3 01090-1 to 01090-4 01300-1 to 01300 4 01300-1 to 01310-3 01410-1 to 01410-3 01500-1 to 01500-5 01620-1 to 01620-2 01630-1 to 01630-2 01700-1 to 01700-6 02050-1 to 02050-2 02101-1 to 02101-3 02161-1 Page 00005-1 02220 02230 02261 02270 02272 02500 02580 02600 02605 02720 02805 02830 02840 02900 Excavation and Embankment Road Bed Preparation Site Restoration Erosion Control Rip Rap Asphaltic Cement Paving Pavement Marking Pipelaying Utility Sleeves Storm Sewer Systems Guard Rails Fencing Signage Landscaping Division 3 - Concrete 03316 Miscellaneous Concrete Work Divisions 4 through 16 Not Used CEI Project 10436 02220-1 02230-1 02261-1 02270-1 02272-1 02500-1 02580-1 02600-1 02605-1 02720-1 02805-1 02830-1 02840-1 02900-1 08/21/96 to 02220-10 to 02230-6 to 02261-6 to 02270-3 to 02272-2 to 02500-11 to 02580-5 to 02600-4 to 02605-2 to 02720-4 to 02805-3 to 02830-4 to 02840-4 to 02900-13 03316-1 to 03316-8 • Page 00005-2 08/19/96 AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the . & I1, day of a y y us f' in the year 1996 by and between the City of Fayetteville (hereinafter called OWNER) and F. H. Necessary & Son Construction Company, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, 'agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Construction of approximately 2,500 LF of new roadway varying from five lanes to two lanes with associated earthwork, below ground storm sewer, drainage structures, curb and gutter, sidewalk, pavement marking, and sidewalks, and all items indicated in the Drawings and Specifications. 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 150 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 CEI Project 10436 00500-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 08/19/96 14.13 of the General Conditions within 180 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 Payment Items 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. PAYMENT ITEMS CEI Project 10436 00500-2 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 1 Clearing and Grubbing Trees EA 4 500.00 2,000.00 2 Demolition LS 1 1,000.00 1,000.00 3 Common Excavation CY 27,500 3.64 100,100.00 CEI Project 10436 00500-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Az - 08/19/96 CEI Project 10436 00500-3 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 4 Rock Excavation CY 700 12.50 8,750.00 5 Compacted Embankment CY 22,100 0.50 11,050.00 6 Remove Excess Material CY 1,500 1.00 1,500.00 7 Aggregate Base Course TN 6,040 13.50 81,540.00 8 Prime Coat SY 14,770 0.38 5,612.60 9 Tack Coat SY 13,470 0.20 2,694.00 10 ACHM Binder Course SY 13,470 7.65 103,045.50 11 ACHM Surface Course SY 14,770 4.05 59,818.50 12 Pavement Markings LS 1 4,375.00 4,375.00 13 18 -inch Reinforced Concrete Pipe LF 1,130 22.25 25,142.50 14 24 -inch Reinforced Concrete Pipe LF 280 27.80 7,784.00 15 30 -inch Reinforced Concrete Pipe LF 320 36.00 11,520.00 _ 16 36 -inch Reinforced Concrete Pipe LF 520 49.60 25,792.00 17 42 -inch Reinforced Concrete Pipe LF 170 62.15 10,565.50 18 12 -inch Corrugated Metal Pipe LF 27 12.00 324.00 19 18 -inch Flared End Section EA 2 250.00 500.00 20 24 -inch Flared End Section EA 2 340.00 680.00 21 30 -inch Flared End Section EA 2 400.00 800.00 22 36 -inch Flared End Section EA 1 780.00 780.00 23 42 -inch Flared End Section EA 1 960.00 960.00 CEI Project 10436 00500-3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 08/19/96 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. CEI Project 10436 00500-4 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 24 Head Wall Structure and Ditch Concrete Paving SY 160 55.00 8,800.00 25 Rip Rap CY 120 40.00 4,800.00 26 Drop Inlets EA 15 2,400.00 36,000.00 27 Drop Inlet Adjusted to Grade EA 1 500.00 500.00 28 Curb Inlet Extension LF 76 80.00 6,080.00 29 Sleeves for Future Utility Crossings LS 1 29,628.00 29,628.00 30 Guard Rail LF 140 38.50 5,390.00 31 Trype D Wire Fence LF 2850 3.35 9,547.50 32 Seeding and Mulching AC 4.5 1,250.00 5,625.00 33 Erosion Control Straw Bales EA 500 4.00 2,000.00 34 Erosion Control Silt Fence LF 1,800 3.00 5,400.00 35 Concrete Curb & Gutter LF 4,950 6.25 30,937.50 36 Concrete Sidewalk SY 1,850 22.50 41,625 00 37 Signage LS 1 2,180.00 2,180.00 38 Road Closed Barricade EA 1 1,000.00 1,000.00 39 Landscaping LS 1 10,000.00 10,000.00 40 Tree Protection Barricade EA 5 200.00 1,000.00 41 Excavation Safety LS 1 100.00 100.00 TOTAL BASE BID 666,946.60 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. CEI Project 10436 00500-4 08/19/96 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 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90 percent of Work completed (with the balance being retainage). If Work has been 50 completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100 percent of the Work completed. 100 percent of materials and equipment not incorporated in the Work but delivered, suitably stored, and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions. 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACOR to 98 percent of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. CEI Project 10436 00500-5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1 1 1 1 08/19/96 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 Biddmg 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 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. CEI Project 10436 00500-6 08/21/96 6.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 6.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 7.1 This Agreement (pages 1 to 9, inclusive). 7.2 Performance and Payment Bonds, (Exhibits A and B respectively). 7.3 Certificate of Insurance, (Exhibit C). 7.4 Documentation submitted by CONTRACTOR prior to Notice of Award (Exhibit D). 7.5 General Conditions (pages 1 to 42, inclusive and Exhibit GC -A pages 1 to 3, inclusive). 7.6 Supplementary Conditions (pages 1 to 16 inclusive). 7.7 Specifications consisting of Divisions 1 through 16 as listed in table of contents thereof. 7.8 Addenda numbers 1, 2, and 3, inclusive. Items covered in Addenda 1 through 3 have been changed in the original document (either Form of of Contract and Conditions, Specifications, or Drawings); therefore, Addenda 1 through 3 are not attached to this Agreement. 7.9 Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1 through 27, inclusive with each sheet bearing the following general title: Joyce Boulevard Extension 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 CEI Project 10436 00500-7 08/19/96 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 in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon 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 10436 00500-8 08/19/96 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 MAJI.,sf aoi /996, 1996 (which is the Effective Date of the Agreement). OWNER: City of Fayetteville CONTRACTOR: F.H. Necessary & Son Construction Company, Inc. By: Attest [CORPORATE SEAL] Address for giving notices (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execition of Agreement.) execution of Agreement.) CEI Project 10436 By: Attest /144c/ Aaa I/i/F��ss.4RY [CORPORATEaSI✓AIrj K . • y-. Address for giving notices /1/ 54�,4✓aa. v 5f RosE R -S , 4 7Z 7S-1° License No. DO 2rBBo347 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) 00500-9 • • Fidelity and Deposit Company HOME OFFICE OF MARYLAND BALTIMORE, MD. 21203 Performance Bond • N4 7 1 Tr MICROFILMED Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): F. H. NECESSARY & SON CONSTRUCTION 111 Linden Street Rogers, AR 72756 OWNER (Name and Address): CITY OF FAYEITEVILLE, ARKANSAS 113 W. Mountain, Room 306, 3rd Floor Fayetteville, AR 72701 SURETY COMPANY, INC. Fidelity and Deposit Company of Maryland P.O. Box 1227 Baltimore, Maryland 21203 CONSTRUCTION CONTRACT Date: August 20, 1996 Amount: Six Hundred Sixty Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) Description (Name and Location): JOYCE BLVD. EXTENSION: CONTRACT NO. 96-14 FAYETTEVIT T F, ARKANSAS BOND Date (Not earlier than Construction Contract Date): September 4, 1996 AmountSix Hundred Sixty Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) Modifications to this Bond: ri None 0 See Page 3 CONTRACTOR AS PRINCIPAL Company* F. H. NECF.SSARY & SON CONSTR ON•''ANY INC. Corporate Seal Signature:- Name ignatureName al'• Title:ct REsitls ...: i w_ F,s. J• s • (Any.additional-siginturz<'^pptar on page 3) (FOR INFORMATION -QNI Y—Name, Address and AGENT or BROKER:' The Cashion Com`pany, Inc. P. 0. Box 550 Little Rock, AR 72203 (501) 376-0716 SURETY Company: Fidelity and Deposit Company of Maryland l Cdrpotate Seal Signature. Name and son A. Cashion Attorney-in-fact 4 • -r to.Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party): CEI Engineering Associates, Inc. 110 W Central Bentonville, AR 72712 (501) 273-9472 CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A.312, DECEMBER 19E4 EDITION. 010 M1 1 The Contractor and the Surety, jointly and severally, bind themselves, thea hens. executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Sub- paragraph 3.1. 3 11 there is no Owner Default. the Surety's obligation under this Bond shall arise after; 3.1 The Owner has notified the Comm:ter and the Surety at its address deser bed in Paragraph 10 below that the Owner is eansidering declaring a Contractor Default and has re- quested and attempted to arrange a conference with the Con- tractor and the Surety to be held not later then fifteen Jaye after receipt of such notice w discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Conned, but such an agree - mem shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and for- mally terminated the Contractor's right to complete the con- tract. oo-tract. Such Contractor Default shall not be declared earlier than twenty day, after the Contractor and the Surety have received notice as presided in Sub -paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Con- tract Price to the Surety in accordance with the terms of the Contrtruction Contract or to a contractor selected to perform the Constriction Contract m accordance with the terms of the centrad with the Owner. 4 When the Owner has satisfied the eonditious of Paragraph 3. the Surety shall promptly and at the Surety's expense take nue of the following actions: 4.1 Arrange for the Contractor, with eoaeent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified con- tractors acceptable to the Owner for a contract for perfor- raan® and completion of the Concoction Contract, artwaga for a contract to be prepared for execution by the Owner and the contractor selected with the Owier's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Con- atnaction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ease of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, m obtain a new contractor and with reasonable promptness under the circumstances: -1 AI ter investigation, determine the amount for which it maybe liable to the Owner and, as soon as prac- ticable after the amount Is determined, tender pay- ment therefor to the Owner; ar .2 Deny liability in whole or in pan and notify the Owner citing reasons therefor. S U the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of en additional written notice from the Owner to the Surety demanding that the Surety prrfnnn is obligations under this Bond. aad the Owner shall be retitled to enforce any remedy available to the Owner. 11 the Surety pretends as provided in Subparagraph 4.4, and the Owner refuse; the payment tendered or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 Atter the Owner has terminated the Contractor's right to corn - piece the Construction Contract. and if the Surety elects to ad tinder Subparagraph 4.1, 4.2, or 4.3 above, then the respon- nbib-ties of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall Dot be greater than those of the Owner under the Construction Contract To the limit of the amount of this Bond, but subject to commit- ment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities 01 the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting born the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 63 Liquidated damagva, or if no liquidated damages are specified in the Contruction Contract, aemal damages mused by delayed performance or non-performance of the Contractors 7 The Surety shall not be Noble in the Owner err others for obliga- tions of the Contrauor that are tnrdated to the Construction Contract, and the Balance of the Contract Price than not be reduced or set o5 on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, eaecmors, administrators ar aacceawn. 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related sub- contractors, contractors, purchase orders and other obligations. 9 Any proceeding, legal or equitable, ander this Bond may be instituted in any court of competent jurisdiction In the location in which the ..ark or pan of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contactor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs fast. 11 the provisions of this Paragraph are void or prohibited by law. the min®urn paiod of liniitation available to sureties ae a defense in the jurisdiction CONFORMS TO AMERICAN INSTITUTE OF ARCHITECTS DOCUMENT A-312, DECEMBER 1984 EDITION. 0I0 2 shall be applicable. 10 Notice to the Surer!. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond bas been fttrnished to comply with a statutory or other legal requirement in the location where the construction was to be pedormcd, any provision in this Bond conflicting with said wuwry or legal requirement shall be deemed deleted hcrefran and provisions conforming w such statutory or other legal requirement shall be deemed incorporated herein. The intent is at this Bond shall be construed as e statutory bond and cot as a common law bond. 12 DEFINITIONS 12.1 Balaoce of de Contract Price: The total amount payable by the ONaz to the Contractor wader the Construe - lion Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • received or to be received by the Owner in tee -dement of insurance or other claims for damages to which the Con- tractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor ander the Construc- tion Contract 12.2 Coaetracdon Convent The agreement between the Owner and the Contractor identified on the signature page, including all Contract Dee menta and changes tbeteto. 12.3 Contractor Default: Failure of the Contractor. which has neither been remedied nor waived, to perform or other- wise to comply with the teams of the Constrndioo Contract 12.4 Owner Default Faflnre of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contras or to perform and complete or comply with the other terms thereof. (Space i3 provided below for additional signatures of added parties, other than those appearing an the cover page.) CONTRACTOR AS PRINCIPAL SURETY: Company: (Corporate Seal) Company: ctgnature. Name and Tide Address: (Corporate Sal) Signature Name and Title: Address: CONFORMS TO AMERICAN INSTITUTE OF ARCBITECT DOCUMENT A312, DECEMBER 1984 EDITION. CID 3 • • • Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE. MO KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Carla Sue Hollis and William R. Plegge, all of Little Rock pprlkarisas E&CdH..... �........ci� its rue t a law u agent anorney-m-}act, to make, execute, seal 'ana uehver, for, anUi t isbehalf as surety, and as its act and.deed. any and all bonds and undertakings ma' nd the execution of such bonds or undertakings in pursuancese presentt,�22,,,,..,,: 1 be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly e iced and acknOnsil ged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper person - is powi of attorney revokes that issued on behalf of Knight Cashion, etal, dataNMarch 31993. The said Assistant Secretary does hereby certify that act set f�4h n the reverse side hereof is a true copy of Article VI, Section -Law of said Company, and is now in1i1. 2, of the By s tr IN WITNESS WHEREOF, the said Vice-PresideMt-d Assistam�,> retary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND D I')COMPANF MARYLAND, this_____30th_____________________ yof AugustA.D. 1995 FIDELITV4 r\ n MPANY OF MARYLAND STATE OF MARYLAND COUNTY OF BALTIMORE Assistant Se ©?n On this 30th day of August A.D. 19 95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. By CAROL 1. FADER My Commission Expires____ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of_ -------Sept�Ibei 19 96_.' �C` Q\�Cli— ,/- Notary Public August _1_. 1996_________ LI02& 164-2520 e (.41. "Assistant -Secretary EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board. or the President. or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." • v Fidelity and Deposit Company HOME OFFICE OF MARYLAND eumronn, Mn. 21203 Payment Bond 11 "l1CROFILMED Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): F. H. NECESSARY & SON CONSTRUCTION 111 Linden Street Rogers, AR 72756 OWNER (Name and Address): CITY OF' FAYETTEVILLE, ARKANSAS 113 W. Mountain, Room 306, 3rd Floor Fayetteville, AR 72701 SURETY COMPANY, INC. Fidelity and Deposit Company of Maryland P.O. Box 1227 Baltimore, Maryland 21203 CONSTRUCTION CONTRACT Date: August 20, 1996 Amount: Six Hundred Sixty Description (Name and Location): BOND Date (Not earlier than Construction Amount: Six Hundred Sixty Modifications w this Bond: Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) JOYCE BLVD. EXTENSION: CONTRACT NO. 96-14 FAYEITEVILLE, ARKANSAS Contract Date): September 4, 1996 Six Thousand, Nine Hundred Forty Six and 60/100 ($666,946.60) j4one 0 See Page 3 CONTRACTOR AS PRINCIPAL Company: F. H. NECESSARY & SON CONSTRUCTIO1 INC. Corporate Seal Signatuft- �— /_ h J,/�EGS SSA Name and.Tittf: ,.'�Yl.? °sid E N'T ('Any`additionaeti amaes`'appear on page 3) • '. r. >i.. (FOR Ile(ORWA: dON'3JNLY—Nome, AOE NT -or ROKPR ine Casnion Company, Inc. P. 0. Box 550 Little Rock, AR 72203 (501) 376-0716 SURETY Company: and Deposit Company of Maryland , ^_toryorate Seal - F lc 7 1f Signature: Name. and. : B nson A. Cashion= -- - • f,�• Attorney-in-fact 1 tti r, Address and Telephone) OWNER'S REPRESENTATIVE (Architect, Engineer or other party)' CEI Engineering Associates, Inc. 110 W. Central Bentonville, AR 72712 (501) 273-9472 CONFORMS TO AMERICAN INS-11T1.ZE OF ARCHITECT nOCuMEN r A-312, DECEMBER 1984 F.nmON. C1t01 it {i r I The Contractor and the Surety, jointly and severally, bind themselves, their helve, exee-.ors, administrators, successor and assigns to the Owner to pay for labor, material; and equipment furnished for us in the peromance of the Construction Con- tract, which is incorporated herein by reference. 2 With respect to the Owne, this obligation shall be null and void if the Contractor. 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, std 2.2 Defends, indaunlfk std holds harmless the Owner from claims, demands, Brns or sett, by any person or entity whose claim. demand, lien or set is for payment for labor, malaria] ar equipment furnished for In the performance of the Cun- atraetion Contract, prated the Owner has promptly notified the Contractor and the Surety (at the address deaad in Paragraph 121 of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. provided there is no Owner Delauit 3 With respect to Claims= this obligation shall be null and void if the Contractor promptly makes payment, directly or in- directly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who Are employed by or have a dfeci con- tract with the Comracur have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond sad, with substantial aeenracy, the amount of the claim. 42 Claimants who do not have a direct contract with the Contractor. .1 Have furnished written notice to the Contactor and seat a copy, cc notice thereof, to the Owner, within 90 days afro bring last performed labor or last fur- nished contain] or equipment included in the eight. stating, with substantial acc racy, the amount of the dawn and the name of the parry to whom the materiels wise fcrnished or supplied or for whom the labor was done or performed; and .2 Have either rersved a rejection in whole or in part from the Cnatr.3or, or not received within 30 days of famishing the above notice any communication from the Contractor by which the Contractor bas in- dicated the claim will be paid directly or indirectly; and 3 Not having boa paid within the above 30 days, have sent a written t»lice to the Surety (at the address described in Paragraph 12) and seat a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous wrinet notice furnished to the Contractor. S If a notice required by Paragraph 4 Is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragrapbt 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall nut ezceed the amount of this Bond, and the amount of this Bond shall be irodited for any payments made in good faith by the Surety. 0 Amounts owed by the Owner to the Contactor under the Con- structiun Contract shall be nsed for the performance of the Con- struction Contract and to satisfy claims, if any. order any Coa- sxoetion Performance Bond. By the Contractor furnishing and the Owner accepting This Bond, they agree that all funds earned by the Contractor in the performance of the Construction Con- tract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety ,ball not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for pay- ment of any cow or erpeusn of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives nodes of any change, including changes of time, to the Conshncdon Content or to related sub- contracts, purchase orders and other obligations. U No suit or action shall be commenced by a Claimant under this Bond other than in s court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) tan which the Clai- mant gave tin notice required by Subparagraph 4.1 or Clause 4,2.3, nr (21 on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available tosuretiesas a defense in the jnrirdirtion of the suit shall be applicable. 12 Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shows an the signature page. Actual receipt of notice by Surety, the Owner or the Contrac- tor, however accomplished, shall be suf'fi lent compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with acid statutory or legal requirement shall be deemed deleted herrfnom and provisions conforming to sari statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. CONFORMS TO AMERICAN INSTuTCTE OF ARCHITECT DOCUMENT A-312, DECEMBER 1984 EDITION. 1310-t 14 Upon request by any person or entity appearing to be a poten- tial beneficiary of this Bond, the Contractor shall promptly for- a copy of this Bond or shall permit a copy to be made. 15 DEFLNITIONS 15.1 Claimant: An individual or entity having a direct ma - tract with the Contractor or with a aubeoutrnetor of the Con- trnctor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the tams "labor, materials or aquipment" that part of water, gfR, power, light, beat, oil, gasolene, teleplwae service or rental equipment aced in the Construction Contract, architectural and engineering MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: services required for performance of the work of The Con' tractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. 153 Connruuion Contract: The agreement berwecn the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thrsato. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or w perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cove page.) CONTRACTOR AS PRINCIPAL SURETY: Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and We: Address: Signature: Name and Title: Address: CONFORMS TO AMERICAN INSTITUTE OF ARCHITECT DOCUMENT A-312, DECEMBER 1984 EDITION. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE, BALTIMORE, MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by C. M. PECOT, JR., Vice -President, and C. W. ROBBINS, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Knight Cashion, Benson A. Cashion, Matthew Knight Cashion, Jr., Carla Sue Hollis and William R. Plegge, all of Little Rck r a�sa EACH.. ... <..........i�-.. . ...... .. .. . ... .. .. its ng ands agent ndsande undertakings xecute, seal ana i yer, for, andn its behalf as surety, and as its act and deed: And the execution of such bonds or undertakings in pursuanceeoYc amply, to all intents and purposes, as if they had been duly executed at its office in Baltimore, Md., in their own proper persons„`. liit behalf of Knight Cashion, etal, datart The said Assistant Secretary does hereby certify that��,�ff xtract set 2, of the By -Laws of said Company, and is now i "yt7. IN WITNESS WHEREOF, the said Vice -Preside wand Assistar& Corporate Seal of the said FIDELITY AND DEPOSIT COMPAN -----Au-gust-----_-----, A.D. l9__95ZV%R STATE OF MARYLAND COUNTY OF BALTNIORE 11 be as binding upon said Company, as fully and d by the regularly elected officers of the Company attorney revokes that issued on reverse side hereof is a true copy of Article VI, Section have hereunto subscribed their names and affixed the W,this of OF MARYLAND By Vice- silent On this_30th -_day of____August--_,'A.D. 19_95, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came C. M. PECOT, JR., Vice -President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Jqp t vFO'f, CAROL J. FAD R 77 Notary Public Au ust 1 1 -_- My Commission Expires ._—________________S__....- 996__________ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of. the said Company, this 4th day of --"'$e %_dll -------'—'---- l9.% . ; �� �, , V Assistant Secretary Llasc 164-2520 .r • EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds. and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,... and to affix the seal of the Company thereto." ACORDW CER.TIFtCATE OF LIABILITY INSURANC RDH.l 9 (MMIDDN" i PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HOLDER. CONFERS NC DOS POT AMECERTIFICATE Rogers Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR TE MICROFILMS I P.O. Box 2048 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Rogers AR 72757-2048 COMPANIES AFFORDING COVERAGE Diana Ball COMPANY A Maryland Casualty I PMno Na 501-636-4551 Fax Na INSURED COMPANY B COMPANY F.H. Necessary & Son Const. Attn: Mike Necessary C COMPANY 111 Linden St Rogers AR 72756 D IGOVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 TYPE OF INSURANCE POLICYNUMBER POLICYEFFECTIVE PODCYEXPIRATION LIMA I LTR DATE(MM/DD/YY) DATE(MMAID/YY) i GENERAL LIABILITY GENERALAGGREGATE 62,000,000 A COMMERCIAL GENERAL LIABILITY EPA21336434 01/17/96 01/17/97 X PRODUCTS-COMP/OPAGG $ 2,000,000 CLAIMS MADE I OCCUR PERSONAL&ADV INJURY $ 1,000,000 EACH OCCURRENCE 61,000,000 OWNER'S& CONTRACTORS PROT FIRE DAMAGE(Anyoneflre) $ 300,000 MED DIP (Any one person) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMB 6 1000000 A X ANY AUTO ECA24564024 01/17/96 01/17/97 BODILY INJURY $ ALL OWNED AUTOS SCHEDULEDAUTOS (Per Person) X BODILY INJURY $ HIRED AUTOS X NON OWNED AUTOS (Per aoddenq PROPERTY DAMAGE $ GARAGEUABWTY AUTO ONLY -EA ACCIDENT 6 OTHER THAN AUTO ONLY: ..-........... ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE 65,000,000 AGGREGATE 6 A X UMBRELLA FORM UBA85842814 01/17/96 01/17/97 $ OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND VICSTAMTt OTH-.__......._........ ': EL EACH ACCIDENT $500,000 EMPLOYERS' LIABILITY A THE PROPRETOFV INCL TC769082395 01/17/96 01/17/97 ELDISEASE-POLICVUMIT $500,000 PARTNERS/EXECUTNE OFFICERSARE: EXCL EL D5EASE-EA EMPLOYEE $500,000 OTHER A Installation EPA21164992 01/17/96 01/17/97 Equipment 50,000 Floater Job Site 250. Ded DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS City of Fayetteville and C.E.I. Engineering Associates Inc. are named as "Additional Insured" with respects to General Liability Auto and Boulevard Extend Contract Umbrella Coverage only for Project: Joyce on, 96-14, Fayetteville, AR CERTIFICATE HOLDER ,..,.. CANCELLATION CITFA-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILLMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY city of Fayetteville 113 W.Mountain n OF AIt4D UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Fayetteville AR 72701 AU 0 REPRESENTATIVE is a Ball ... .... .1CORD 25-S (1195) CACORD CORPORATION 1968 H.] This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. I, 1 L. L C STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and. Issued and Published Jointly By 1 III ACEC e PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL 1 AMERICAN SOCIETY OF CIVIL ENGINEERS I I I I This document has been approved and endorsed by The Associated General -°.°`-_I Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910 -8 -A -I or 1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (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) 1 Reprinted 2/95 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 II TABLE OF CONTENTS OF GENERAL CONDITIONS ' Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 1. DEFINITIONS ................................... 13 2.5-2.7 Before Starting Construction: 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to ' 1.2 Agreement ........................... 13 Report: Preliminary Schedules; 1.3 Application for Payment 13 Delivery of Certificates of 1.4 Asbestos ............................. 13 Insurance .......................... 15 ' 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. ................ 13 AMENDING, REUSE............................. 16 ' 1.9 Change Order ........ 1.10 Contract Documents .. 13 3.1-3.2 Intent 16 1.11 Contract Price 13 33 Reference to Standards and 1.12 Contract Times ....................... 13 Specifications of Technical Societies; 13 Reporting and Resolving I1.13 CONTRACTOR 1.14 defective 13 Discrepancies 16 1.15 Drawings ............................. 13 3.4 Intent of Certain Terms or Adjectives .. 17 1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents ....... 17 ' 1.17 ENGINEER .......................... 13 3.6 Supplementing Contract Documents ... 17 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 PHYSICAL CONDITIONS; REFERENCE POINTS. 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 ' 1.27 OWNER ....................... ...... 14 Physical 4.2.4 ENGINEERReview ...18 Conditions ... 18 1.28 Partial Utilization .....................14 ts 4.2.5 Possible Contract Documents Change 18 1.29 PCBs ................................. 14 4.2.6 Possible Price and Times Adjustments . 18 ' 1.31 Petroleum ............................... 14 .......................... 1.31 Project 14 4.3 Physical Conditions —Underground 1.32 Radioactive Material .. 14 Facilities 18 4.3.1 Shown or Indicated ................... 18 1.33 Resident Project Representative ....... 14 4.3.2 Not Shown or Indicated 19 1.34 Samples ..............................14 ' 1.35 Shop Drawings ....................... 14 4.4 Reference os, Points P e t r o l um, Hazardous 19 1.36 Specifications .......... 4.5 Asbestos, adi Petroleum. Hazardous """""""' 14 Waste or Radioactive Material ...... 19 1.37 Subcontractor ........................ 14 I 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions 14 5. BONDS AND INSURANCE y 20 PP ry """""" 5.1-5.2 Performance, Payment and Other Bonds . 20 1.40 Supplier .............................. 14 5.3 Licensed Sureties and Insurers; 1.41 Underground Facilities ................ 14 Certificates of Insurance ............ 20 ' 1.42 Unit Price Work ...................... 14 5.4 CONTRACTOR's Liability Insurance . 20 1.43 Work.................................15 1.44 Work Change Directive IS 5.5 OWNER's InsuranceLInsurance ........ 21 g 5.6 Property ................... 21 ............... I1.45 Written Amendment .................. IS 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS .. ............. IS 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 ..................IS 5.10 Other Special Insurance ...............2 2.4 Starting the Work .....................IS 5.11 Waiver of Rights ..................... . 22 [ 1 Article or Paragraph - I 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 S ................. 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 Woik; Terminate CONTRACTOR's Services .......... 8.9 Limitations on OWNER's Responsibilities ..................... 8.10 - - Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 8.11 Evidence of Financial Arrangements ,. 9. ENGINEER'S STATUS DURING �.. CONSTRUCTION ............................... 9.1 OWNER's Representative ............ 9.2 Visits to Site .......................... 9.3 Project Representative ................ 9.4 Clarifications and Interpretations ...... 9.5 Authorized Variations in Work .....:.. 9.6 Rejecting Defective Work .......:..... 9.7-9.9 Shop Drawings, Change Orders and :. Payments .......................... 9.10 Determinations for Unit Prices ........ 9.11-9.12 Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 . OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 10.3 Work Not Required by Contract Documents ......................:.. 10.4. Change Orders 10.5 Notification of Surety ................. 27. 11. 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 11.8 Cash Allowances ............ ......... 28 11.9 Unit Price Work ...................... 28 28 28 7. OTHER WORK..................................29 7.1-7.3 Related Work at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due................................29 8.4 Lands and Easements; Reports and Tests ...............................29 8.5 Insurance ............................. 29 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 ........................ Pi 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 Article or Paragraph Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities: 14.12 Final Application for Payment ......... 40 t 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. I5. SUSPENSION OF WORK AND Testing or Approval 36 TERMINATION .... • .... ' ............... • • 40 13.8-13.9 Uncovering Work at ENGINEER'S spen Request ..........I ................. 36 15.1 OWNER May Suspend Work ......... 40 15.2-15.4 OWNER May Terminate .............. 40 13.10 OWNER May Stop the Work ......... 36 13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or ' 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 2 14.1 Schedule of Values .................... 37 17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included ........................... 42 ' 14.3 CONTRACTOR's Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -A 1 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 I I L I I 3 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Bonds and- Insurance................................5.14 •-defective Work ....................... 10.4.1, 13.13, 13.15 final payment ................................. 9.12, 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ................... ... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ......................... 2.5, 6.30, 6.34 Access to the— .. Lands, OWNER and CONTRACTOR responsibilities......................................4.1 site, related work....................................7.2 Work .............................:.... 13.2, 13.14, 14.9 . Acts or Omissions—. Acts and Omissions — CONTRACTOR ..'.......................... 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13:3 OWNER.......................................6.20, 8.9 Addenda --definition of (also see definition of Specifications) ...... .. (1.6, 1.10, 6.19) 1.1 Additional Property insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5; 4.1, 4.3.2, 4.5.2, 45.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8; 15.1 progress schedule....................................6.6 Agreement — definition of..........................................1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ............ .......................... 11.8 Amending Contract Documents ......................... 3.5 Amendment. Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4; 11.2, 12.1,-13.12.2. 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8,-2.9, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of......................................14,4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos— - -' claims pursuant thereto ....................... 4.5.2. 4:5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of ........................,................. 1.4 OWNER responsibility for ....................4.5.1. 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6. 6.25. 6.27, 9.5 Availability of Lands.................................4.1, 8.4 Award, Notice of —defined ............................. 1.25 Before Starting Construction ........................ 2.5-2.8 Bid —definition of......................................1.5 (I.I,-1.1(L 2.3.33, 4 2.6.4, 6.13. 11.4.3. 11.9.1) - Article or Paragraph N,mtber 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.!, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13. 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general......................................11,4-11,7 Exclusions to ....................................... 11.5 Cost Records.......................................11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, I1 .Lump Sum Pricing ................................ 11.3.2 Notification of Surety ............................... 10.5 Scope of.......................................10.3-10:4 Testing and Inspection. Uncovering the Work ........ 13.9 Unit Price Work .................................... 11.9 Value of Work ...................................... 11.3 Change in Contract Times — Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5:15. 6.8.2, 9.4, 9.5. 9.11, 10.2, 10-5, 12.1, 13.9, 13.13. 13.14, 14.7, 15.1, 15.5 - Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNERS and CONTRACTOR's. con- trol............................................... 12.4 Notification of surety ............................... 10.5 Scope of change ............................... 10.3-10.4 Change Orders — Acceptance of Defective Work ..................... 13.13 Amending Contract Documents .............. ........ 3.5 • Cash Allowances ................................... 11.8 Change of Contract Price ............................. II Change of Contract Times ._.......................... 12 Changes in the Work .................................. 10 CONTRACTOR's fee ..:.......................:.... 11.6 Cost of the Work ................................11.4-11.7 4 Ii Iti I1 1 I I I II a I I I I I Article or Paragraph Number Cost Records ......................................... 11.7 definition of..........................................1.9 emergencies........................................6.23 ENGINEER's responsibility ......... 9.8, 10.4, 11.2. 12.1 execution of........................................10.4 Indemnification ..................... 6.12. 6.16, 6.31. 6.33 Insurance. Bonds and ...................5.10, 5.13. 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions — Subsurface and......................................4.2 Underground Facilities ........................... 4.3.2 Record Documents .................................6.19 Scope of Change ............................... 10.3-10.4 Substitutes...................................67.3. 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 ....................... 9.1 Substitute items..................................6.7.1.2 Time Extension.....................................12.1 Time requirements ............................ 9.1 1. 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 ................... 9.11. 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3. 9.4, 9.11 CleanSite............................................6.17 Codes of Technical Society. Organization or Association............................................3 Commencement of Contract Times ..................... 2.3 Communications — Article or Paragraph Number general....................................6.2. 6.9.2, 8.1 Hazard Communication Programs 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 ................... 1.38. 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................................................Si Cash Allowances ................................... 11.8 Change of Contract Price ............................. II Change of Contract Times ............................ 12 Changes in the Work ........................... 10.4-10.5 check and verify.....................................2.5 Clarifications and Interpretations ....... 3.2, 3.6. 9.4, 9.11 definition of........................................1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................3 Insurance............................................5.3 Intent..............................................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 .................................... 3.1, 3.3.3 Record Documents.................................6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work........................................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 1 5 I Article or Paragraph _, . Number Commencement of ............................... 2.3 definition of........................................1.12 CONTRACTOR — Acceptance of Insurance' .............. .. 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Commiinications.......'.........&2, 6.9.2 Continue Work ................................:6.29, 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others ................ .. 7.2. 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ............................4.5.2 CONTRACTOR's— - d Compensation..................................11.1-11.2 Continuing Obligation ................. . ............ 14.15 Defective Work ..........................9.6, 13:10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency........................................6.23 Defects in Work of Others ......................... 7.3 Differing conditions ......... ...................... 4.2.3 • Discrepancy in Documents...........2i. 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies........................................6.23 Equipment and Machinery Rental. Cost of the Work ................................... 11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16. 6.31-6.33 Inspection of the Work ......................... 7.3. 13.4, Labor, Materials and Equipment .. ............... 6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance.................................t. 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ...............6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6. 6.29, 10.4. 15.2.1 Request for formal decision on disputes .............9.11 Responsibilities — Changes in the Work ..............................10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work .........................6.29, 10.4 CONTRACTOR's expense .. ..................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee................................................6.30 CONTRACTOR's review prior to Shop Drawingor Sam- ple submittal.....................................6.25 Coordination of Work ..............................6.9.2 Emergencies ............ ......................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or Paragraph Number For Acts and Omissions of Others ..... 6:9.1-6.9.2. 9.13 for deductible amounts, insurance .................. 5.9 general ................................. 6. 7.2, 7.3. 8.9 Hazardous Communication Programs ..............6.22 Indemnification ..............................6.31-6.33 Labor, Materials and Equipment ........ _...... 6.3-6.5 Laws and Regulations ............................6.14 Liability Insurance..................................5.4 Notice of variation from Contract Documents .... 6.27 Patent Fees and Royalties ..........................6.12 Permits ............................ .. 6.13 Progress Schedule.................................6.6 Record Documents .......................:....... 6.19 related Work performed prior to ENGINEER's approval of required submittals ..................6.2% safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative .............. ..........._... 6.21 Scheduling the Work .............................6.9.2 Shop Drawings and Samples ....................... 6.24 Shop Drawings and Simples Review by ENGINEER................................6.26 Site Cleanliness....................................6.17 Submittal Procedures .................. ..6.25 Substitute Construction Methods and Procedures....................................6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence...................................6.2 Supervision.........................................6:1 Survival of Obligations ............................6.34 Taxes............................................6.15 Tests and Inspections ............................. 13.5 ToReport ........... .......................... 2.5 Use of Premises ................. _ . 6.16-6.18, 630.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4. 7.1, 9.4, 9.5, 9.1 I, 10.2, 11.2, 11.9, 12.1. 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection .................6.20-6.22.7.2, 13.2 Safety Representative ................................6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ............................... 11;4.4 Substitute Construction Methods and Procedures ..... 67 Substitutes and "Or -Equal" Items; Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ............6.1. 6.2, 6.21 Taxes, Payment by..................................6.15 Use of Premises................................6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title...................................14.3 Written Notice Required— ' CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions............................................. 4.2.3 Substantial Completion ............................ 14.8 CONTRACTORS —other ......... ........................ 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits ............................... 12.2 Coordination n I I I HI I I I L I 11 II L I I I a ii I I U l 1 I Article or Paragraph Nam her 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 ..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. 11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ................................... 13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day —definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.1 1, 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 ............................................... I Delays.................................4.1, 6.29, 12.3-12.4 Delivery of Bonds......................................2.1 Delivery of certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Noticeof..........................................4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2. 6.14.2 Dispute Resolution — Agreement ..................................... 16.1-16.6 Arbitration ..................................... 16.1-16.5 general............................................... 16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents — 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 .......................... 4.2.4 Shop Drawings and Samples, review responsibility.....................................6.26 Status During Construction — authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter .............911-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities...................................9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work ........................... 9.6 Shop Drawings, Change Orders and Payments....................................9.7-9.9 Visits to Site......................................9.2 Unit Price Determinations ........................... 9.10 Visits to Site.........................................9.2 Written consent required ......................... 7.2, 9.1 Equipment, Labor, Materials and ...................6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .....................6.7 Errors or omissions...................................6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions ...................4.2.! 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 Before starting the Work ............................. 2.7 Bonds and —in general.................................5 Cancellation Provisions ...............................5.8 'Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14, 1 9.13.4, 14.12 completed operations ..............................5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability ..... ......................... 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility ...................................... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers....................................5.3 Notice requirements, material . changes..................................5.8, 10.5O Option to Replace...................................5.14 other special insurances ............................. 5.10 OWNER as fiduciary for 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.! 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........................................3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises....................................6.16 Visits to Site.........................................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 I I I I I a I I II I I U 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 .................................... 5.12-5.13 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...................................8.1 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 CONTRACTOR's services .......... 8.8, 15.2 separate representative at site ........................9.3 independent testing ................................. 13.4 use or occupancy of the Work....................................5.15, 14.10 written consent or approval required ...............................9.1. 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 PCBs — definition of........................................1.29 general..............................................4.5 OWNER's responsibilityfor ........................ 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 ..................................... 5.1-5.2 Payments. Recommendation of .............14.4-14.7, 14.13 Payments to CONTRACTOR and Completion — Application for Progress Payments ................... 14.2 CONTRACTOR's 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 ................................. 5.1-5.2 Permits...............................................6.13 Article or Paragraph Number - Petroleum definition of........................................130 general..............................................4.5 OWNER's responsibility for .................. ...... 8.10 Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures..................................4.2.2 general...........................................4.2.1.2 Subsurface and.......................................4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 .................. Notice of Differing Subsurface or ...................4.2.3 4.2.3 Subsurface and......................................4.2 Subsurface Conditions ............................41.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities— general..........................................4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................4.3.1 Technical Data.....................................4.2.2 Preconstruction Conference ............................2.8 Preliminary Matters......................................2 Preliminary Schedules..................................2.6 Premises, Use of ................................. 6.16-6.18 Price, Change of Contract ............................... 11 Price, Contract —definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment—retainage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of .................................. 1.31 Project Representative— ENGINEER's Status During Construction ............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 .......................6.20-6.2!, 13.2 Punch list............................................14.11 Radioactive Material— definition...........................................1.32 general..............................................4.5 OWNER's responsibility for .............. 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 — at Site...........................................7.1-7.3 Performed prior. to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, .17.5 Removal or Correction of Defective Work .................................... 13.11 rental agreements. OWNER approval required......................................11.4.5.3 replacement of ENGINEER, by OWNER ............... 8.2 Reporting and Resolving Discrepancies ....2.5, 3.3.2, 6.14.2 Reports — and Drawings......................................4.2.! and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative — definition of........................................1.33 provision for.........................................9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on....................................9.13 OWNER's-in general..................................8 Retainage.............................................14.2 Reuseof Documents...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25. Review of Applications for Progress +i Payments .....................................:.14.4-14.7 Right to an adjustment................................10.2 Rights of Way..........................................4.! Royalties, Patent Fees and .......................... ... 6.12 Safe Structural Loading ............................... 6.18 Safety — and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general ........................................ 6.20-6.23 Representative, CONTRACTOR's ................... 6.21 Samples — definition of ................................... ..... 1.34 general ........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER .......................6.26. 6.27 related Work........................................6.28 submittal of.......................................6.24.2 submittal procedures................................6.25 Schedule of progress...... 2.6, 2:8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules — Adherence to.....................................15.2.! Adjusting.............................................6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8-2.9 Preliminary..........................................2.6 Scope of Changes ..............................10310.4 Subsurface Conditions .............................. 4.2.1.1 10 Li I I I I Li I a I I I L I I Article or Paragraph Number Shop Drawings and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ............................... 9.7-9.9 definition of ........................................ 1.35 ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work........................................6.28 review procedures .......................... 2.8, 6.24-6.28 submittal required.................................6.24.1 Submittal Procedures ............................... 6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated...................................4.3.1 Site Access.......................................7.2, 13.2 Site Cleanliness.......................................6.17 Site, Visits to — by ENGINEER................................9.2, 13.2 by others ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications — definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3.1 precedence........................................3.3.3 Standards and Specifications of Technical Societies..........................................3.3 Starting Construction, Before ....................... 2.5-2.8 Starting the Work......................................2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor— 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. 5.3,5.4,5.6-5.9,5.11,6.8.6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .................... 3.6 Supplier — definition of ........................................ 1.40 principal references to .................. 3.7, 6.5, 6.8-6,11, 6.20, 6.24, 9.13, 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 ........................IS 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 ............................19.11, 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 ............................43.2 protection of ................................... 4.3, 6.20 Shown or Indicated ... .............................. 4:3.1 Unit Price Work — claims ............................................ 11.9:3 definition of ........................................ 1.42 general .................................. 11.9, 14.1, 14.5 Unit Prices — general ........................::................. 11.3.1 Determination for...................................9.10 Use of Premises ........................6:16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph Number 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 P CONTRACTOR ........ ....................... ..... 6.30 Warranty of Title, CONTRACTOR's ...................14.3 Work — Access to...........................................13.2 byothers................................I................ 7 Changes in the ................................ ...... 10 Continuing the . ..................................... 6.29 CONTRACTOR May Stop Work or Terminate ................................... 15.5 Coordination of......................................7.4 Cost of the.....................................11.4-11.5 definition of ................................... ...... 1.43 neglected byCONTRACTOR ...................... 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— P; claims pursuant to...................................10.2 definition of ........................................ 1.44 principal references to .................... 3.5.3, 10.1-10.2 Written Amendment— ` definition of........................................1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2; 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required— by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4,11.2, 12.1 by OWNER 10.4, 11.2, 13.14 ....................9.10-9.11, 12 I II I I H I S I L 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 plural thereof: L 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.S. 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 arc more specifically identified in the Agree- ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpfctations 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, firm orcorporatift named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. ' 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 of Award —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 et seq.) as amended from time to time. 1.33. Resident Project Representative—. The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 136. 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. . . U I !J I I I 14 I U I Li I S Li 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 IDelivery of Bonds: I [Ti I I 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall 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 1 15 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- NEER responsibility forthe sequencing, schedulingor progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required, submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with' the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for, When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the. Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies:. 3.3.1. Reference to standards, specifications, manuals or codes of any.technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference 'be specific or by implication, shall mean the latest standard,, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 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 OWN ER. CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees fromthose 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 P C I r L I J I I .1 P 16 I. I E I I I I S 11 I I I performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed,' "as required;' "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there, is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify Ithe 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 OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Cont@ct 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 I 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques,se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical• data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: - - 4.2.3.1. is of such a nature_as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.5.' Possible Contract Documents Change:. If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, . or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; - 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid foron 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 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- 4.2.6.4.3. CONTRACTOR failed to give the written nized as inherent in work of the character provided for in the notice within the time and as required by paragraph 4.2.3. 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. 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: . .. .. II' 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 ad 1 I I I I M J I I I Li I I I [J I I I I I I I 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, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible.for any Asbestos, PCBs. Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not 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 I I 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 II 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 L Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all- claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5=BONDS AND INSURANCE Performance, Payment and Other 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 by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. I ' 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,additionalinsured 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 damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out ofthe ownership, maintenance or use of any motor vehicle. I H I I I M L L I I I 20 U I I I I r I a 11 I I I I I The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 -through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 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, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 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. I 21 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 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. I . 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril;. Whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from.fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. 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 22 [1 I I U I 11 is I C U 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, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. 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 I 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by. CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that. the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide' is appropriate under the circumstances. Re- quests for review of proposed substitute items of material - or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. -If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR'S Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. >, , 6.7.2. Substitute Construction Methods or Procedures If a -n specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents; CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.1 Engineer's Evaluations ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER Will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized ,without ENGINEER,s prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written' objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such I' 1 I I I I M I L I I 24 I I I I L I lb I I I I L substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or other person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization, nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and 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 rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or. if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such - utility owners for capital costs related thereto such as plant investment fees. 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, neitherO W N ER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall 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 I the Project which are applicable during the performance of the Work. . . Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullestextent 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. I , Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall- provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or offthesite; and 6.20.3. other, property at the site or adjacentthereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them. in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any. Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I I IH I I M H I I I I 26 I I I II [I I S I H I I L H 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 CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and. in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique. se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract H 27 1 Documents unless CONTRACTOR has in writing called EN-. GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph'6.25.I. ' 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and'CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants, and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or - 6.30.1.2. normal wear and tear under normal- usage. 6.30.2. CONTRACTOR'S obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute 'an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.2. 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. any acceptance by OWNER or any failure to do so; . - 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work byOWNER. W N ER. 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: (Dis attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. -In any and all claims against OWNER or.ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by odor CONTRACTOR orany such Subcontractor, Supplier or other person or organization under workerscompensation acts; disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers; directors, employees or agents caused by the professional negligence, errors or omissions of any of them. - Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with ad 1 I I C IT I J M I I I I I I S I I I I II 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. 1 29 C 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- N EER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to'make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis' of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR,s means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. ' Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist• ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will'be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to. represent.OWNER-.at the site who is not<ENGI- NEER's Consultant, agent or employee, the responsibilities_ and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. 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 (he 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 fi I I I II M I I I I I I 4 30 I I I I I I I .S I Li I I I I that ENGIN EER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the. Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10. II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- 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 ENGIN EER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will tender a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other kind to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and ,judge under paragraphs 9.10and 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 ENGIN EER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking. exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGIN EER 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. I 31 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: • 10.441. 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. F I I 1 t - ARTICLE II —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows. additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will C H 1 32 J I C I I I I a I I I I I be valid if not submitted in accordance with this paragraph 1.2. 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. I 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 otherthan 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). l 1.5.5. 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: 'p 1 I C 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. L1 I I I I I I I I 34 C p. 1 I I I I I a I Li J I I I Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 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 as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: - 13.8. If any Work is covered contrary to the written request of ENGINEER; it must, if.requested' by ENGINEER, be uncovered for ENGINEER's observation and' replaced at CONTRACTOR's expense. - 13.9. If ENGINEER -considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available 'for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited, to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. 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 -I1 and 12. OWNER May Stop the Work: 13.10, If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for -such order has -.been eliminated; however, this right of OWNER to.stop the Work I I I U I L H I I J I, 36 I I I TI I I U a I 11 I I shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction 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 II. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or.if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. 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 ' 37 I will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will •be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit -the Application. 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 forCONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORs performance or furnishing of the Work, 'p 1 I J I. fl f Li I n CI 'J 'p 1 I I C I I Li a 1.1 I I I I I 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set -oil 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 (hereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- snmtially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation. safety, maintenance, heat, utili- ties. insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER. ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all ' 39 particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as -are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surely. if any. to final payment, and (iii) complete' and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bondor other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13 If, on the basis of ENGINEER's observation of the Work during construction and final inspection,. and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will. within ten days after receipt of the final Application for Payment. indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to (he provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to -CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms. OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the. Agreement. and, if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: • 14.15.- The making and- acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents and 14.15.2. a waiverofall claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNERmay 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 he 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: 'p 1 I I I-) I I1 I 11 I I 40 I I I I S I I I I H 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 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 dayswritten notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement- In such case. CONTRACTOR shall he 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 (he effective date of termination in performing services and furnishing labor. materials or equipment.as required by the Contract Docu- ments in connection with uncompleted Work. plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors. Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement. to be attached hereto and made a pail hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11. and 9.12, OWNER and CONTRACTOR may. exercise I • 41 such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. . ARTICLE 17 —MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid. to the last business address known to the giver of the notice. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Claim: 17.3: Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally A liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12. 6.16, 6.30, 6.31, 6.32. 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed, in any -way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available. by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Pmfessional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and .other professionals and all court or arbitration or other dispute resolution costs. [The remainder of this page was left blank intentionally.] I 1 I [1 I I ill' 42 J L 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 I I [I I I a L [J I I I, OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below,. no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees 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 he afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph: but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER. ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final, judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. (The remainder of this page was left blank intentionally.] Li GC -AI 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 under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitra- tion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation, The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. [The remainder of this page was left blank intentionally.] I I 1 I I I IC GC -A2 I Section 00800 SUPPLEMENTARY CONDITIONS ILIST OF SUBJECTS 08/21/96 ' 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 CEI Project 10436 Page 00800-1 I 08/21/96 ' 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 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 I 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." 1 I I ' CE! Project 10436 Page 00800-2 I Copies of Documents Delete paragraph 2.2 of the General Conditions in its entirety and insert the following in its place. "2.2 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." 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." Furnishing of Insurance Data Delete all references to -OWNER supplied and OWNER delivered insurance. 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. 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. CEI Project 10436 Page 00800-3 H ' 08/21/96 ' 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. (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. 1 "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 ' CE! Project 10436 Page 00800-4 El I 1 08/21/96 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 Delete the second sentence of paragraph 5.3.2 ("OWNER shall deliver to Contractor...") in its entirety. L I I 1) State: Statutory 1 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 CEI Project 10436 Page 00800-5 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: I I 08/21/96 ' 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 Each person $2,000,000.00 Each occurrence "Property Damage: ' $500,000.00 Each occurrence I or (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." 1 I I I ' CEI Project 10436 Page 00800-6 I El 08/21/96 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 10436 Page 00800-7 ' 08/21/96 ' has been given to the OWNER by certified mail and will contain wavier provisions in accordance with General Condition paragraph 5.11.2." ' SC -5.7 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." SC -5.8 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." SC -5.10 Contractor Requested Insurance ' Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds Delete paragraph 5.12 of the General Conditions in its entirety. ' SC -5.13 Alternative Settlement of Insurance Claims ' Delete paragraph 5.13 of the General Conditions in its entirety. I I CEI Project 10436 Page 00800-8 I I fJ I I I I U I 08/21/96 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: "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 10436 Page 00800-9 I I 08/21/96 SC -7.1 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 ' 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 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 10436 Page 00800-10 J II I I I I I I I 08/21/96 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. ISC -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." ' CEI Project 10436 Page 00800-11 Cl I 08/21/96 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: ' 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 •' 11.9.3.4 if OWNER believes that the quantity variation entitles OWNER to an adjustment in the unit price, then I ' CEI Project 10436 Page 00800-12 I 08/21/96 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 -12.3 EXTENSION OF CONTRACT TIMES ' Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.3 of the General Conditions, and add the following sentences at the end of paragraph 12.3. "Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor and Owner or Engineer, for two circumstances: 1)isolated inclement weather, ' wherein the project site is determined to be unworkable for days of precipitation and days following for short times between otherwise good weather; and 2) sustained inclement weather, wherein the project site is determined to be unworkable for a sustained period of time, such as the winter months, with only an occasional working day within the sustained unworkable conditions. If Contractor believes either condition applies, a request shall be made to Engineer or Owner for a site meeting and a joint determination of the site conditions and approval of the delay. Engineer will catalog these approved delays, and will incorporate them into a Change Order for signature of Owner and Contractor." ' 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. CE! Project 10436 Page 00800-13 I I I I I I I I 08/21/96 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: "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. CET Project 10436 Page 00800-14 I ' 08/21/96 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. 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 Ito 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. 14.10.3. OWNER may at any time request CONTRACTOR in writing to permit OWNER Ito 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 Ito 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 fmal payment. ENGINEER will furnish OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending fmal 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). CEI Project 10436 Page 00800-15 I 08/21/96 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." END OF SECTION CEI Project 10436 Page 00800-16 I I 08/01/96 Part 1 - GENERAL 1.1 SECTION INCLUDES A. Project Scope B. Work by Others C. Work Sequence Section 01010 SUMMARY OF WORK ' D. Contractor Use of Premises [_I I [_l I I I I I I 1.2 CONTRACT SCOPE A. Construct approximately 2,500 linear feet of roadway, varying in section from five lanes to two lanes, complete with required demolition, site preparation, grading, storm sewer systems, subgrade, base course, hot mixed asphaltic concrete binder and surface courses, curb and gutter, sidewalks, fencing, guard rails, pavement marking, signage, sleeves for future utilities, and all other required appurtenances and accessories required for a complete roadway in conformance with governing standards.: 1.3 WORK BY OTHERS A. Wilkerson Avenue is scheduled to be improved as part of the "Mud Creek Bridge and Approaches" project being undertaken by the AHTD. Current schedules call for this Joyce Boulevard project to be bid and awarded before the Wilkerson project, and most likely fully constructed before the Wilkerson project. However, it is possible that construction of these two projects could overlap. B. SWEPCO will relocate power poles and electric power cables within the project site. SWEPCO's schedule for completing this work is unknown at this time. 1.4 CONTRACTOR'S USE OF PREMISES A. Contractor will be limited to the areas obtained as rights -of -way or easements along the proposed route, to other areas designated by Owner. B. Contractor may obtain additional construction easements from property owners for Contractor's convenience. Page 01010-1 ' CEI Project 10436 08/01/96 C. No work shall begin until all agency approvals, easements, and required permits are obtained. Note that work on this project takes place both within the City of Fayetteville and the City of Johnson. 1.5 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 of roadway, storm sewer, and appurtenances. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used END OF SECTION CET Project 10436 Page 01010-2 08/21/96 ' Section 01025 MEASUREMENT AND PAYMENT Part 1 - GENERAL ' 1.1 SECTION INCLUDES: A. 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. I L 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. IC. Assist by providing necessary equipment, workers, and survey personnel as required. I I I I I C I 1.3 UNIT QUANTITIES SPECIFIED A. 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 A. 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. CEI Project 10436 Page 01025-1 LJ 08/21/96 ' D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord, with survey chain or steel tape. E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed shall be counted by Engineer. ' 1.5 PAYMENT A. 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. C CEI Project 10436 Page 01025-2 I n I I I I I I I El I I I H I 08/21/96 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. 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 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. RLOB :�1UV1:l`►iIli1:lub`J A. Clearing and Grubbing Trees (Pay item 1) 1. Description - Removal of isolated trees, stumps, roots, etc. 2. Incidental Items - Incidental items include furnishing all equipment, materials, and labor required to complete the work, and protection of adjacent trees which are not to be removed. 3. Related Items --None. 4. Units and Measurement - Payment shall be at the unit price per each tree removed. Grubbing of stumps of trees previously removed by others will be paid at the same unit price as for full tree removal. 5. Partial Payment Provisions - No partial payment will be made for this item. B. Demolition(Pay Item 2) 1. Description - Removing of an existing wood shed, existing pavement (gravel and asphalt), curb and gutter, and modification of an existing drop inlet, including foundation, and proper disposal of debris resulting therefrom. 2. Incidental Items - Incidental items include removal of the adjacent power pole and electric wires which supply that pole and the shed, restoration of demolition areas, and furnishing all equipment, materials, and labor necessary to complete this work. 3. Related Items - None. 4. Units and Measurement - Payment shall be as a lump sum. CEI Project 10436 Page 01025-3 08/21/96 5. Partial Payment Provisions - Partial payment will be based on approved schedule of values for demolition work items completed and accepted by Engineer. ' C. Common Excavation (Pay Item 3) 1. Description - Removal of material from the site to required to construct the ' subgrade of the proposed road bed, and to obtain the lines, grades, and slopes indicated on the Drawings. 2. Incidental Items - Scalping, brush removal, sapling removal, and all ' equipment, labor, and materials necessary to complete the work. 3. Related Items a. Rock excavation is a separate pay item. ' b. Site preparation, Section 02100, includes some items that are paid for as part of common excavation and some items that are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per cubic yard of common excavation completed and accepted by Engineer. Payment will be at the quantity indicated on the Bid Form or Agreement, unless Contractor has ' reason to believe those numbers are substantially in error. If so, measurement will be by ground survey, with excavation quantities computed with computer software using either the end area or the grid method. ' 5. Partial Payment Provisions - No partial payment will be made for this item. D. Rock Excavation (Pay Item 4) ' 1. Description - Removal of material meeting the definition of rock. 2. Incidental Items - Equipment, labor, and materials necessary to complete the work. ' 3. Related Items - Common excavation is all excavation that is not rock excavation. ' 4. Units and Measurement - Payment shall be at the unit price per cubic yard excavated and accepted by Engineer. Measurement will be agreed to on site my Engineer and Contractor, and can be either by truck volumes or in -place measurement of the rock removed. ' 5. Partial Payment Provisions - No partial payment will be made for this item. E. Compacted Embankment (Pay Item 5) 1. Description - Construction of embankments, using on -site materials, to the lines and grades and compaction requirements indicated on the Drawings and ' specified. 2. Incidental Items - Scalping prior to embankment construction, hauling of excavated material, and equipment, labor, and materials necessary to complete ' the work. I CEI Project 10436 Page 01025-4 I In I I I I I 08/21/96 3. Related Items - Site preparation, Section 02100, includes some items that are paid for as part of common excavation and some items that are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per each cubic yard of compacted embankment and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction testing is completed. 5. Partial Payment Provisions - No partial payment will be made for this item. F. Stockpile Excess Material (Pay Item 6) 1. Description - Moving excess materials from either common or rock excavation to stockpiles on site where indicated by Engineer. 2. Incidental Items - Equipment, labor, and materials necessary to complete the work. 3. Related Items - Common excavation, rock excavation, and compacted embankment are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per each cubic yard of material stockpiled and accepted by Engineer. Measurement will be by either estimating or measuring the size of the stockpile, or by haul truck volumes, as agreed to by Engineer and Contractor. 5. Partial Payment Provisions - No partial payment will be made for this item. ' G. Aggregate Base Course (Pay Item 7) 1. Description - Construct aggregate base course to the lines and grades indicated on the Drawings. Aggregate base course used in pipe trenches will also be paid for as part of this item. 2. Incidental Items a. Scalping in areas that are not excavated or which do not have compacted embankment constructed over them. b. Blading and shaping subgrade, scarifying and compacting subgrade, maintaining subgrade shape and moisture until base course is placed. c. Equipment, labor, and materials necessary to complete the work. 3. Related Items - Common excavation, rock excavation, and compacted embankment are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per each ton of aggregate base course furnished and installed, and accepted by Engineer. If determined by Engineer, payment for completed units will be delayed until proof of construction for installed units is complete. Measurement will be based on truck weight tickets, or on truck volume tickets and considering one cubic yard of aggregate base course as weighing 1.75 tons. 5. Partial Payment Provisions - None. I I CEI Project 10436 Page 01025-5 I 08/21/96 ' H. Prime and Tack Coats (Pay Items 8 and 9) 1. Description - Furnish and install prime and tack coats as specified and at locations required. 2. Incidental Items - Preparation of the surface to receive prime or tack coat, maintenance of the prime or tack coat, and equipment, labor, and materials necessary to complete the work. ' 3. Related Items - Road base preparation and asphalt work are paid for separately. 4. Units and Measurement - Payment shall be at the unit price per square yard ' furnished and installed, and accepted by Engineer. Measurement will be as described in paragraph 1.4.D. 5. , Partial Payment Provisions - No partial payment will be made for this item. ' I. ACHM Courses (Pay Items 10 and 11) 1. Description - Furnish and construct hot mix asphaltic cement concrete courses to the lines and grades and in accordance with the details indicated on the Drawings. 2. Incidental Items - Equipment, labor, and materials necessary to complete the work. 3. Related Items - Prime coat, tack coat, and base course are separate pay items. 4. Units and Measurement - Payment shall be at the unit price per square yard ' furnished and installed, and accepted by Engineer. Measurement will be as described in paragraph 1.4.D 5. Partial Payment Provisions - No partial payment will be made for this item. J. Pavement Marking (Pay Item 12) 1. -Description - Construct pavement marking on finished pavement. 2. Incidental Items - Equipment, materials, tools, and labor required to complete the work. ' 3. Related Items - None. 4. Units and Measurement - Paid as a lump sum. 5. Partial Payment Provisions - Partial payment based on approved schedule of ' values and completed work accepted by Engineer. K. Reinforced Concrete Pipe (Pay Items 13, 14, 15, 16, and 17) I1. . Description - Furnish and install reinforced concrete pipe storm sewers as indicated on the Drawings. 2. Incidental Items - Trench excavation, bedding material, backfill, compaction ' of bedding and backfill, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Aggregate base course installed in trenches under proposed road beds shall be paid for under the Aggregate Base Course pay item. I CEI Project 10436 Page 01025-6 I I I I 1 I I I I I I 11 I I I I CEI Project 10436 Page 01025-7 1 08/21/96 4. Units and Measurement - Payment shall be at the unit price per linear foot furnished and installed and accepted by Engineer. Measurement will be as defined in paragraph 1.4.D. 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. L. Corrugated Metal Pipe (Pay Item 18) 1. Description - Furnish and install corrugated metal pipe culvert as indicated on the Drawings. 2. Incidental Items - Trench excavation, bedding material, backfill, compaction of bedding and backfill, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Reinforced concrete pipe. 4. Units and Measurement - Payment shall be at the unit price for each linear foot furnished and installed and acceptance by Engineer. Measurement will be as described in paragraph 1.4.11 5. Partial Payment Provisions - Partial payment will be made for materials on site but not yet incorporated into the work, as approved by Engineer. M. Flared End Section (Pay Items 19, 20, 21, 22, and 23) 1. Description - Furnish and install flared end sections in the sizes and at the locations indicated on the Drawings. 2. Incidental Items - Excavation, trenching, backfilling, concrete wall at end of flared end section, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Concrete pipe. 4. Units and Measurement - Payment shall be at the unit price per each flared end section 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. N. Headwall Structure and Ditch Paving (Pay Item 24) 1. Description - Construct concrete headwall and ditch bottom and sides concrete paving where indicated on the Drawings. 2. Incidental Items - Excavation, subgrade preparation, backfill, formwork, widening of ditch, and labor, equipment, and materials required to complete the work. 3. Related Items - Pipe laying. 4. Measurement and Payment - Payment shall be at the unit price per square yard of concrete headwall and ditch paving. Measurement will be the dimensions of all surfaces, whether vertical, horizontal, or sloped. 5. Partial Payment Provisions - Based on approved schedule of values for signage work items completed and approved by Engineer. I I I I I I I I I I 08/21/96 O. Rip Rap (Pay Item 25) 1. Description - Furnish and install rip rap stone in the locations and to the lines and grades indicated on the Drawings. 2. Incidental Items - All items related to procuring and delivering rip rap and placing as required. If rock excavated on -site is used, transporting of rock from excavation area and further breaking of rock to comply with specified sizes are both incidental to rip rap. 3. Related Items - None. 4. Units and Measurement - Payment shall be at the unit price per cubic yard furnished and placed and accepted by Engineer. Measurement shall be by measuring in -place, taking average horizontal and thickness measurements as agreed by Contractor and Engineer. 5. Partial Payment Provisions - None. P. Drop Inlets (Pay Item 26) 1. Description - Construct drop inlets, complete with manhole cover, 2. Incidental Items - Incidental items include manhole steps (where required), excavation, backfill, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Pipe installation is a separate payment item. Extensions to drop inlets are a separate pay item. Depressed gutter section upstream and downstream of inlet will be paid for as part of the curb and gutter pay item. 4. Units and Measurement - Payment shall be at the unit price per each drop inlet constructed and tested and accepted by Engineer. 5. Partial Payment Provisions - None. Q. Drop Inlet Adjusted to Grade (Pay Item 27) 1. Description - Adjust top of existing drop inlet by removing top, extending walls, and installing new top, where indicated on the Drawings. 2. Incidental Items - Reuse or replacement of manhole lid and frame, breakout of wall to install new reinforced concrete pipe, patching and finishing of walls and top slab to have a smooth and uniform fmish, backfill, removal of waste materials, and equipment, labor, and materials necessary to complete the work. 3. Related Items - New drop inlets are specified in pay item 26. Demolition is specified in pay item 2. 4. Units and Measurement - Payment shall be at the unit price per each drop inlet adjusted to grade and accepted by Engineer. 5. Partial Payment Provisions - None. R. Curb Inlet Extension (Pay Item 28) 1. Description - Construct concrete curb inlet extension in 4 foot (nominal) increments, constructed monolithically with drop inlets, at the locations indicated on the Drawings. CEI Project 10436 Page 01025-8 I 1 1 1 1 I. 1 08/21/96 2. Incidental Items - Incidental items include excavation and backfill and equipment, labor, and materials necessary to complete the work. 3. Related Items - Drop inlets are a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of curb inlet extension constructed and approved by Engineer. 5. Partial Payment Provisions - None. S. Sleeves for Future Utility Crossings (Pay Item 29) 1. Description - Furnish and install sleeves in the locations, sizes, quantities, and lines and grades indicated on the Drawings, to be used for future utility construction. 2. Incidental Items - Site preparation, trenching, bedding, backfilling, and materials, labor, and equipment required to complete the work. 3. Related Items - None. 4. Measurement and Payment - Payment as a lump sum for the finished work approved by Engineer. 5. Partial Payment Provisions - Partial payment will be made for materials delivered to the site but not yet installed, and for portions of the work completed, based on the approved Schedule of Values. T. Guard Rail (Pay Item 30) 1. Description - Furnishing and installing complete sections of steel plate guard rail. 2. Incidental Items - All components of the guard rail installation, including line posts, terminal anchor posts, spacer shapes, bolts and washers and similar hardware, post hole digging, concrete setting for terminal anchor posts, galvanizing, galvanizing repair (if required), and all equipment, materials, and labor required to complete the work. 3. Related Items - None. 4. Units and Measurement - Payment at the unit price bid per linear foot of guard rail furnished and installed and approved. Measured from centerline to centerline of terminal posts and continuous across line posts. End sections and intermediate sections will be paid at the same unit price without differentiation. 5. Partial Payment Provisions - None. U. Fencing (Pay Item 31) 1. Description - Furnish on the Drawings. 2. Incidental Items - All wire, twist wire stays, furnishing equipment, 3. Related Items - None. and install barbed wire fencing in the locations indicated components of the fence installation, including barbed staples, galvanized clips, concrete for post setting, and labor, and materials required to complete the work. CEI Project 10436 Page 01025-9 I I I I I I I C C I [_] I I H I I C 08/21/96 4. Units and Measurement - Payment at the unit price bid per linear foot of fencing erected and accepted by Engineer. Fence will be measured in place along the midpoint in height of the fence from outside to outside of end posts. 5. Partial Payment Provisions - None. V. Seeding and Mulching (Pay Item 32) 1. Description - 2. Incidental Items - Incidental items include and equipment, labor, and materials necessary to complete the work. 3. Related Items - Landscaping is a separate pay item. Erosion control is paid for in separate pay items. 4. Units and Measurement - Payment shall be at the unit price per acre of seeding and mulching completed and accepted by Engineer. 5. Partial Payment Provisions - 75 percent of the unit price shall be paid upon completion of initial seeding and mulching, with remainder held until a suitable viable grass stand is established. W. Erosion Control Straw Bales (Pay Item 33) 1. Description - Furnish and install straw bales for erosion control in the locations indicated on the Drawings and at other locations where required by site conditions. 2. Incidental Items - Incidental items include maintenance of straw bales over the life of the project, and replacement of bales that wash out or deteriorate and equipment, labor, and materials necessary to complete the work. 3. Related Items 4. Units and Measurement - Payment shall be at the unit price per each straw bale furnished and installed. If straw bales wash out or deteriorate such that they no longer function adequately for erosion protection, Owner will deduct the full unit price for the unsatisfactory units from a subsequent pay request until those units are replaced. 5. Partial Payment Provisions - None. X. Erosion Control Silt Fence (Pay Item 34) 1. Description - Furnish and install silt fencing for construction erosion control in the locations indicated on the Drawings and at other locations where required by site conditions. . 2. Incidental Items - Incidental items include maintaining the silt fence, repair of damaged locations and removal of portions of silt fence that cannot be repaired, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Straw bales are a separate pay item. Seeding and mulching are a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per linear foot of silt fence installed and accepted by Engineer. CEI Project 10436 Page 01025-10 I I 08/21/96 ' 5. Partial Payment Provisions - None. If silt fence washes out or deteriorate such that it no longer function adequately for erosion protection, Owner will deduct the full unit price for the unsatisfactory units from a subsequent pay request ' until those units are replaced. Y. Concrete Curb and Gutter (Pay Item 35) I1. Description - Construct concrete curb and gutter to the lines and grades and in accordance with the details indicated on the Drawings. 2. Incidental Items - Subgrade fine grading and preparation, and equipment, ' labor, and materials necessary to complete the work. 3. Related Items - Removal of existing curb and gutter is included in demolition. 4. Units and Measurement - Payment shall be at the unit price per linear foot of ' curb and gutter installed and accepted by Engineer. Each side of the street will be a separate measurement. 5. Partial Payment Provisions - None. ' Z. Concrete Sidewalk (Pay Item 36) 1. Description - Construct sidewalks in the locations indicated on the Drawings '• and as required by site conditions. 2. Incidental Items - Incidental items include preparation of subgrade, adjusting width as required by drainage structures, tool joints, saw joints, and expansion ' joints with expansion joint material, expansion joint material between sidewalk and drainage structure, 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 square yard ' of sidewalk -constructed and accepted by Engineer. 5. Partial Payment Provisions - None. ' AA. Signage (Pay Item 37) 1. Description - Furnish and install signs of all types required at the locations indicated on the Drawings. ' 2. Incidental Items - Excavation of support hole, installation of sign support, setting concrete in hole, backfilling hole, adjusting and aligning sign, and furnishing equipment, labor, and materials required to complete the work. ' 3. Related Items - Road closed barricades are a separate pay item. 4. Units and Measurement - Payment as a lump sum for signage furnished and installed and accepted by Engineer. 5. Partial Payment Provisions - Based on approved schedule of values for signage work items completed and approved by Engineer. AB. Road Closed Barricade (Pay Item 38) 1. Description - Furnish and install road closed barricades at the locations and according to the details indicated on the Drawings. 1 CEI Project 10436 Page 01025-11 I I J I 1J I C III I L I [J I I 08/21/96 2. Incidental Items - Excavation of support holes, installation of sign supports, setting concrete in hole, backfilling hole, adjusting and aligning sign, and equipment, labor, and materials necessary to complete the work. 3. Related Items - Signage for other signs and delineators is a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per each road closed barricade installed and accepted by Engineer. 5. Partial Payment Provisions - None. AC. Landscaping (Pay Item 39) 1. Description - Furnish and install plant and associated landscaping materials in the locations indicated on the Drawings. 2. Incidental Items - Incidental items include excavation, plant hole or bed preparation, fertilizing, mulching, backfilling, watering to establish growth, and equipment, labor, and materials necessary to complete the work. 3. Related Items- Seeding and mulching is a separate pay item. 4. Units and Measurement - Payment shall be at the unit price per acre for seeding and mulching completed. 5. Partial Payment Provisions - Partial payment based on approved schedule of values for landscaping work items completed and approved by Engineer. AD. Tree Protection Barricade (Pay Item 40) 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 - Payment shall be at the unit price per each tree barricade installed, maintained, and removed when no longer needed, as accepted by Engineer. 5. Partial Payment Provisions - If barricade is to remain in place longer than 3 months, a partial payment of 75 percent of the unit price will be made after installation, with the remainder to be paid after removal. AE. Excavation Safety (Pay Item 41) 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 - Paid as a lump sum. CEI Project 10436 Page 01025-12 08/21/96 5. Partial Payment Provisions - To be paid as a percentage of the amount bid, in proportion to the ratio of all other items included in a pay request to the total Contract Price. Part 2 - PRODUCTS Not Used Part 3 - EXECUTION Not Used END OF SECTION CE! Project 10436 Page 01025-13 07/26/96 Section 01026 SCHEDULE OF VALUES TItttJJRRtaiP 1.1 SECTION INCLUDES " Requirements for preparing a "Schedule of Values" to be used to determine partial payments for the various lump sum items. 1.2 RELATED SECTIONS A. Section 01025, Measurement and Payment, indicates how unit price items will be measured and paid. 1.3 SUBMITTALS A. Submit Schedule of Values to Engineer prior to first application for payment. B. Engineer will review Schedule of Values and either approve or request modifications. C. Schedule of Values must be approved before the first payment request is processed. 1.4 SCHEDULE OF VALUES A. Provide a breakdown of costs for each lump sum payment item. Each item shall be referenced by payment item number and by specification section, where applicable. B. Breakdown of costs for each lump sum item may be by either: 1. Materials and labor. 2. Different parts of the lump sum item, with materials and labor together for each part. CEI Project 10436 Page 01026-1 07/26/96 C. Breakdown shall indicate an accurate division, of costs for all elements of the lump sum item. Costs shall not be "front weighted", resulting in early payment for work that has not been done. D. Schedule of Values shall be typed. E. Approved Schedule of Values will be used as the basis for partial payment of lump sum items as indicated in Section 01025. Part 2 PRODUCTS Not Used Part 3 EXECUTION Not Used END OF SECTION CEI Project 10436 Page 01026-2 I I I I I I I I I I I r, Section 01027 APPLICATIONS FOR PAYMENT Part 1 - GENERAL 1.1 SUMMARY 06/27/96 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 10436 Page 01027-1 n I 1.4 PREPARATION OF APPLICATIONS A. Present required information in typewritten form. IB. Contractor shall date and sign the Application for Payment in ink. I I I I I 06/27/96 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: 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 t 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 10436 Page 01027-2 I I I I I I Section 01035 MODIFICATION PROCEDURE Part 1 - GENERAL 1.1 SUMMARY 6/28/96 A. This section describes steps to make changes in the Work, Contract Price, Contract Tim,es, 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. Documentation of change in Contract Price and Contract Time. 2. Change procedures. 3. Work Change Directive. 4. Stipulated Price Change Order. 5. Unit price change order. 6. Time and material change order. 7. Execution of Change Orders. 8. 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 1 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. CEI Project 10436 Page 01035-1 I I I I 6/28/96 B. Work Change Directive Form: EJCDC 1910-F. 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. C. On request, provide additional data to support computations: 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 I. A. Engineer will authorize, 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. ' 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. CEI Project 10436 Page 01035-2 L �J 6/28/96 C. Promptly execute the change in Work. I1.7 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 based on negotiation 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. C. 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 indicated in the Supplementary Conditions. ' 1.11 CORRELATION OF CONTRACTOR SUBMITTALS Promptly revise Schedule of Values and Application for Payment forms to record each IA. authorized Change Order as a separate line item and adjust the Contract Price. ' B. 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. CEI Project 10436 Page 01035-3 I I I IPart 1 - GENERAL Section 01040 COORDINATION AND MEETINGS 06/27/96 ' 1.1 SUMMARY A. This Section expands upon requirements regarding coordination, conferences and ' meetings, described to permit direct reference from individual product specification 'Sections. I C 1. Coordination 2. Preconstruction conference 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. CEI Project 10436 Page 01040-1 I I ' 06/27/96 IC. 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 Ito 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. I 2. Submission of executed bonds and insurance certificates. 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. CEI Project 10436 Page 01040-2 06/27/96 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. I 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. CEI Project 10436 Page 01040-3 06/27/96 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. CEI Project 10436 Page 01051-1 II 06/27/96 B. Checking Stakes 1 1 1 1 1 1 1 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 CEI Project 10436 END OF SECTION Page 01051-2 El I I 1 Part 1 - GENERAL 1.1 SECTION INCLUDES: Section 01060 REGULATORY REQUIREMENTS 6/27/96 IA. 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 IA. 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. IC. Specific Sections of this Specification include additional requirements of local, state, and federal regulatory requirements. I1.4 AMERICANS WITH DISABILITIES ACT A. Comply with portions applicable to construction and construction sites. 1 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. ' 1.6 ARKANSAS HIGHWAY AND TRANSPORTATION A. Construction standards as listed in individual Specification Sections. CEI Project 10436 Page 01060-1 I El El I I I I I I I L I I 6/27/96 1.7 ARKANSAS DEPARTMENT OF HEALTH A. Project has been submitted to ADOH for approval with applicable design standards. 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. I Li I 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. ' CEI Project 10436 Page 01060-2 ' 6/27/96 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. C. 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 to 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 IPart 3 - EXECUTION Not Used I I I END OF SECTION I ICE! Project 10436 Page 01060-3 06/27/96 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 10436 Page 01090-1 06/27/96 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 19.103 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 10436 Page 01090-2 I H H El I 06/27/96 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 C I I I I 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 10436 Page 01090-3 [l 06/27/96 RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH - total dynamic head V -volt Part 2 PRODUCTS Not Used Part 3 EXECUTION Not Used CEI Project 10436 Page 01090-4 G I06/27/96 ' Section 01300 SUBMITTALS Part 1 -GENERAL 1.1 SUMMARY A. This Section expands upon requirements regarding administrative and procedural I ,requirements for submittals of progress schedules, shop drawings, product data, samples, manufacturer's instructions, and manufacturer's certificates. B. Related Work: I1. Section 01400 - Quality Control: Manufacturers' field services and reports. 2. 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. IC. 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 ICEI Project 10436 Page 01300-1 n 06/27/96 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. I1. 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 10436 Page 01300-2 I ' 06/27/96 I 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. I. 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 CEI Project 10436 Page 01300-3 I 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 06/27/96 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 CEI Project 10436 END OF SECTION Page 01300-4 06/27/96 Section 01310 PROGRESS SCHEDULES Part 1 - GENERAL 1.1 SUMMARY A. This Section includes procedural requirements for preparation, submittal, and ,updating of Contractor's construction progress schedules. B. Related Work: 1. Documents affecting work of this Section include, but are not limited to, General Conditions, Supplementary Conditions, and Sections in Division 1 of these Specification. 2. Section 01027 - Applications for Payment. 3. Section 01300 - Submittals: Shop drawings, product data, and samples. 1.2 FORMAT A. Prepare Schedules as a horizontal bar chart with separate bar for each major portion of Work or operation, identifying first work day of each week. B. Sequence of Listings: The chronological order of the start of each item of Work. C. Scale and Spacing: To provide space for notations and revisions. D. Sheet Size: Minimum multiples of 8 1/2 x 11 inches (216 x 279 mm) 1.3 CONTENT A. Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. B. Identify each item by specification Section number. C. Identify work of separate stages and other logically grouped activities. D. Provide sub -schedules to define critical portions of the entire Schedule. CET Project 10436 Page 01310-1 I 06/27/96 I E. Show accumulated percentage of completion of each item, and total percentage of Work completed, as of the first day of each month. IF. Provide separate schedule of submittal dates for shop drawings, product data, and samples, and dates reviewed submittals will be required from Engineer. ' G. Coordinate content with Schedule of Values specified in Section 01370. 1.4 REVISIONS TO SCHEDULES A. Indicate progress of each activity to date of submittal, and projected completion date of each activity. B. Identify activities modified since previous submittal, major changes in scope, and ' other identifiable changes. C. Provide narrative report to define problem areas, anticipated delays, and impact on Schedule. Report corrective action taken, or proposed, and its effect. 1.5 SUBMITTALS ' A. Submit initial Schedules within 15 days after date of Owner -Contractor Agreement. After review, resubmit required revised data within ten days. ' B. Submit the number of opaque reproductions which Contractor requires, plus two copies which will be retained by Engineer. ' 1.6 DISTRIBUTION A. Distribute copies of reviewed Schedules to project site file, Subcontractors, suppliers, and other concerned parties. I B. Instruct recipients to promptly report, in writing, problems anticipated by projections indicated in Schedules. ' Part 2 - PRODUCTS INot Used I I ' CEI Project 10436 Page 01310-2 I I C' Part 1 - GENERAL Section 01410 TESTING LABORATORY SERVICES 07/23/96 1 1.1 SUMMARY 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: 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. 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 and Contractor will each select a pre -qualified independent testing laboratory for the testing services required by each. Neither Owner nor Contractor shall utilize a testing laboratory against which the other has a reasonable objection. 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 and the ' American Association of State Highway and Transportation Officials. ' 1.3 DELIVERY, STORAGE, AND HANDLING A. Comply with pertinent provisions of Section 01620. CEI Project 10436 Page 01410-1 I I 07/23/96 ' 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. 1 Part 2 - PRODUCTS 2.1 PROOF OF MATERIALS TESTING H I I I I A. Materials to be incorporated into the work shall be tested, using suitable laboratory and source quality control tests, as indicated in individual specification Sections, to prove their compliance with the Specifications. B. Proof of materials testing shall be paid for by Contractor. 2.2 PROOF OF CONSTRUCTION TESTING A. Completed construction shall be tested, using suitable in -situ and laboratory tests, as indicated in individual specification sections or as recommended by Engineer or required by Owner, to prove compliance of completed work with Specifications. B. Initial proof of construction testing will be paid for by Owner. C. 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. ' 2.3 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 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. CEI Project 10436 Page 01410-2 I 07/23/96 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. ' 3.3 SCHEDULES FOR TESTING A. Establishing schedule: 1. By advance discussion with testing laboratory selected by Owner, determine the time required for laboratory to perform tests and to issue 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. IEND OF SECTION I I I Li I I ' CEI Project 10436 Page 01410-3 07/23/96 Section 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS Part 1 - GENERAL 1.1 SUMMARY A. This Section describes construction facilities and temporary controls required for the Work. 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. 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: Access roads and temporary buildings. 4. Project sign, if required. I I I 1.3 DELIVERY, STORAGE, AND HANDLING A. Maintain temporary facilities and controls in proper and safe condition throughout progress of the Work. ICEI Project 10436 Page 01500-1 I L 07/23/96 Part 2 - PRODUCTS 2.1 MAINTENANCE OF TRAFFIC A. Keep existing roads open to all traffic. Detour routes are not required for this project. Keep the portion of the project being used by public traffic, either through or local traffic, in such condition to permit safe, continuous flow two-way traffic at all times. Where the nature of the work restricts or prohibits two-way flow, one-way operation may, be maintained by use of flaggers. B. Conduct work as to assure the least possible obstruction to traffic. Provide for safety and convenience of the general public, residents affected by construction, and protection of persons and property. C. Maintain existing roads from the date work is begun until the project has been completed and accepted. D. Provide traffic control devices and operations required to delineate temporary hazards which result from construction. Traffic control devices shall comply with applicable portions of the MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size, age, wear and tear, or improper delineation shall be removed from the site and replaced with suitable devices. 2.2 UTILITIES 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. CEI Project 10436 Page 01500-2 I I I I I I L I I 07/23/96 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. 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. 2.3 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. I 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. ' 2.4 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. ' 2.5 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. CEI Project 10436 Page 01500-3 H 7 I 07/23/96 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. J ',J I I 2.6 SECURITY A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from unauthorized entry, vandalism, or theft. 2.7 ACCESS ROADS A. 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. I I I I I I LI I 2.8 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. 2.9 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. 2.10 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. ' CEI Project 10436 Page 01500-4 P 1 07/23/96 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. 2.11 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. ' C. Provide and maintain temporary cattle fencing to restrict movement of cattle into work areas both during regular work hours and during nighttime and weekends. Part 3 - EXECUTION ' 3.1 MAINTENANCE AND REMOVAL IA. 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. ' END OF SECTION P I Li ' CEI Project 10436 Page 01500-5 I I I I H I I I I Section 01620 STORAGE AND PROTECTION Part 1 - GENERAL 1§0.Yil8IL&FA:i'/ 06/27/96 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. IA. 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. I CEI Project 10436 Page 01620-1 L I 06/27/96 1.5 STORAGE 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 Iconsidered by Engineer to justify an extension in the Contract Times. H I I END OF SECTION ' CEI Project 10436 Page 01620-2 n I I I I I 11 I I C I I I I I L1 1l Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS Part 1 - GENERAL 1.1 SUMMARY 06/27/96 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 that the specified 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 10436 Page 01630-1 I I H I I I El I I I 06/27/96 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 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 I. 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 A. Delays in construction arising by virtue of the non -availability of a specified material ' and/or method will not be considered by Engineer as justifying an extension of the agreed Contract Time. END OF SECTION CEI Project 10436 Page 01630-2 I I I IJ Section 01700 CONTRACT CLOSEOUT Part 1 - GENERAL 1.1 SECTION INCLUDES 06/27/96 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 A. Substantial Completion: 1. 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 written acceptance of the responsibilities assigned to them in the ' Certificate. CEI Project 10436 Page 01700-1 I I 06/27/96 ' B. Final Completion: 1. Prepare and submit the notice required by the first sentence of Paragraph 14.11 I. 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; 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. Is. 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; IS. 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. D. 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. CEI Project 10436 Page 01700-2 I CI I I TI I 11 TI TI 06/27/96 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. C. Restore areas disturbed by the Work, as specified in Section 02261. 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. 1 CEI Project 10436 Page 01700-3 I H I I I IJ I I I I I I C I I Li 06/27/96 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. ' CEI Project 10436 Page 01700-4 L H 06/27/96 •' 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. ' 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. 1.9 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 1.10 INSTRUCTION IA. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and similar items which were provided as part of the Work. I I ' CEI Project 10436 Page 01700-5 08/01/96 Section 02050 DEMOLITION Part 1 GENERAL 1.1 SECTION INCLUDES A. Remove shed. B. Remove existing pavement and curb and gutter, sidewalks, and pavement where indicated on the Drawings. C. Reconstruct existing drop inlet to be junction box with new rim elevation where indicated on the Drawings. 1.2 SEQUENCING AND SCHEDULING A. Demolition work shall be scheduled to be completed prior to other work to be performed in the area, but not so far in advance that the general public is inconvenienced any more than is necessary. Part 2 PRODUCTS Not Used Part 3 EXECUTION 3.1 EXAMINATION A. Verify with Engineer the limits of pavement, curb and gutter, sidewalk, and drop inlet demolition. B. Examine existing drop structure that is to be modified. Notify Engineer of any limitations on this modification. 3.2 DEMOLITION A. Remove existing shed at indicated on the Drawings. Remove foundation blocks, and any part of foundation that is below ground. Remove existing power pole near shed and electric cables that attach to this power pole. CEI Project 10436 Page 02050-1 ' 08/01/96 B. Saw cut and remove curb and gutter where indicated on the Drawings. Take care to avoid damage to adjacent construction. IC. Existing drop inlet at Station 26+95 Rt shall be modified to account for changes in the road crown. The top slab shall be removed, the existing walls extended vertically, and a new top slab constructed to conform to the , new top slab ' elevation indicated on the Drawings. Reinforcing bars for the new top slab and wall extension shall be anchored into holes drilled in the existing walls. Use two part epoxy grout to anchor bars. Existing manhole lid and frame may be re -used ' in the new top slab if not damaged during demolition. If damaged, provide a new "manhole frame and lid of the same type and size. ID. Existing gravel pavement shall be removed to subgrade and removed from the site. Removed gravel pavement shall not be reused as base course at other locations on site. 3.3 CLEANING IA. Clean demolished areas. Restore area per Section 02261, unless other construction is scheduled to take place in that area. lu END OF SECTION I I I I I I I I CEI Project 10436 Page 02050-2 I i 1 1 1 1 1 1 I Section 02100 SITE PREPARATION Part 1 GENERAL 1.1 SECTION INCLUDES A. Isolated Tree Clearing B. Preserved Vegetation C. Scalping 1.2 RELATED SECTIONS 08/01/96 A. Measurement and payment for work under this section is specified in Section 01025. B. Demolition is specified in Section 02050. C. Excavation and embankment are specified in Section 02220. D. Roadbed preparation is specified in Section 02230. 1.3 UNIT PRICES A. 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. 1.5 SUBMITTALS A. If requested, submit evidence of permission to dispose of site preparation debris on private property. CEI Project 10436 Page 02100-1 I I I I I I I I I L I I 08/01/96 Part 2 PRODUCTS Not Used. Part 3 EXECUTION 3.1 GENERAL A. The limits of construction for the Work shall be prepared for excavation and embankment and road construction by a combination of isolated tree clearing, vegetation preservation, and scalping. Each item of work is considered a separate type of site preparation defined as follows. 1. 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. 2. 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. 3. 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 grubbed. 3.2 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. I I I I L 'I C. Remove low -hanging, unsound, or unsightly branches from trees or shrubs designated to remain. Trim branches of trees extending over the roadbed to give a clear height of 20 feet above roadbed surface. 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. 3.3 SCALPING A. Scalp areas where excavation or embankment is to be made. Store topsoil material. CEI Project 10436 Page 02100-2 I I 08/01/96 ' B. Place suitable topsoil material resulting from scalping operations on finished slopes, adjacent to the area from which it is obtained, after excavation or embankment operations are complete. ' 3.4 ISOLATED TREE REMOVAL A. Cut and clear and grub isolated trees designated for removal and grub stumps from ' previously cleared trees as required for clearing and grubbing. 3.5 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 is not permitted. C. Remove from the site materials and debris, 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 L. I I H I I ' CEI Project 10436 Page 02100-3 6/27/96 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. PART 2 - MATERIALS Not Used PART 3 - EXECUTION Not Used END OF SECTION CEI Project 10436 Page 02161-1 Y Om 'O 0 1 m 1 1 m r V1 4 10 0 d OYYra o'Od oOm LaC C PCG ma iv dE .Cj 0 OE a O O L y N X py N W d o O '1 O 0 O '7 d L m o o a d A X 0 0 A O m 8 e C 7 m X U C y d 0 vE m m"o •• ° •° m cn aH EE000 ccNmd ci0 .Q F 0 'p po 3 � 'A = -. m o v q o 4 2y L w-C•d C . so ooti� �oLtE E'°'-° ddp U yYm VX yV4..r _O euC7<T�p '..' mF X400 VLUCQ. VUA m'0> .C r 6 d � ^. 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E c a . ea. c CC " a c •Aa AO S AO G aotM23 U 5 :3 0 V a 0C O cs E ode+ rve—°_'-EMEu. 7B=$� TIMBER TRENCH SHORING -- MINIMUM TIMBER REQUIREMENTS SOIL TYPE A Pa • 2S I H + 72 psf (2 ft Surcharge) (ACTUAU AND SPACING OF P1E1481R5 DEPTHSUE OF TRENCX (FEET) HORIZ SPACING (FEET) WIDTH OF TRENCH FEET YERT. SPACING (FEET) SIZE (IN) YERT. SPACING FEET MXIMUM ALLOWABLE HORIZONTAL SPACING FEET UP TO 4 UP TO UP TO UP TO UP TO UP TO Not 5 4 UP TO rat TO 8 414 414 4X6 6X6 626 4 Re 'd --- 2118 UP TO - 10 UP TO 12 4X6 126 6X6 6X6 626 4 828 4 226 UP TO Not 10 UP TO TO 8 126 426 616 6X6 6X6 4 8X8 4 X UP TO is 10 616 625_ ______ 226 _______ UP TO 12' 626 626 626 628 618 4 10210 4 UP TO 15 6 616 6X6 6X6 628 628 4 6X8 4 326 UP TO TO 8 6X6 626 616 628 618 4 828 4 3X6 UP TO 20 UPTO 1 2 x8 828 8110 4 10210 4 326 OVER 20 SEE NOTE 1 Mixed oak or equivalent with a bending strength not less than 850 psi. •• Manufactured members of equivalent strength may by substituted for .00d. TABLE C-1.2 TIMBER TRENCH SHORING - MINIMUM TIMBER REOU1RDC TS a SOIL TYPE I P - 45 I B t 12 pal (2 ft. Surcharge) DEPTH •• 0V floss E UPRIGHTS TV u -B (rim) EORIZ. SPACING (PEE?) PERT. SPACING (FEET) SIZE (IN) yY�EppTT 5PAClliG (FEET) ALLOWABLE HORIZONTAL SPACING (flET) ET) 4 UP TO 6 UP TO 9 UP TO 12 UP TO 1$ CLOSE 2 3 UP TO 5 426 4X6 6X6 6x6 6X6 5 62e 5 2X6 UPTO TO 626 6X6 616 628 6X8 SII0 UP TO 10 10 626 616 626 628 6X8 $ 10210 5 226 See UP TO l0 6 6X6 616 626 628 6X8 S 8X8 5 2X6 UP TO SO a 6X8 625 616 axe 828 S IOXIO 5 226 UP TO 13 3 IOX12 5 2X6 See Note I UP TO IS 6 6xe 628 618 8X8 828 3 8I10 3 3x6 UP TO TO a axe axe axe axe 6X10 5 IOX12 S 326 UP TO 10 axle site axle 8X10 10210 5 11212 5 316 20 $ee Not. I OVER 20 SEE NOTE I I • Mixed oak or equivalent with a bending •crtntch not legs than 850 gal. a• Manufactured .obtr• of equivalent strength way by substituted for wood. n .m. h -s R: !.. Z r TIMBER TRENCH SNORING -- XINiHUM TRIlLR REQUIREOMS • SOIL TYPE C P - 60 I H 71 Ps! (2 ft. Surcharge) • DEPTH as ' — OF CROSS BRACES UPRIGHTS TRENCH WIDTH OF TRENCH (FEET) (FEET) HORIZ. VERT. VERT. XAXIXUM ALLOWABLE HOR120NSA1 SPACING SPACINN G UP TO UP TO UP TO UP TO UP TO SPACING SIZE SPACING FE (See Note 2 D (FEET) 4 I (FEET) CLOSE V Upto ' 3 6 6%6 6%8 618 818 8%6 3 6I10 5 2X6 () DP TD TO a 8x8 8x6 818 axe 8110 5 10112 5 2X6 UP TO _ 10 10 8X10 8110 8x10 8110 10110 3 IZX12 3 2X6 ' See Note I - _ • UP TO 10 6 818 818 8x8 axe 6X10 S IOX12 5 216 UP 70 TO 8 6%10 8X10 8%10 BXIO 10110 5 12%lI 5 2X6 Sas 15 Note 1 fJ V See Note I •� UP -' TO 70 15 6 8110 8110 8110 6110 10X10 5 12112 5 3I6 •See - - - ' See 20 Note 1 See Note I OVER SEE NOTE I -. H 20 Pre • Mixed Oak or equivalent with a beading strength not less than 850 pal. - 0. •• Manufactured member• of equivalent strength sty be substituted for wood. p ' a . TABLE C-2.1 0 TIMBER TRENCH SHORING -- MINIMUM TIMBER RLOUIRERTtT5 SOIL TYPE A P a 2S I e t 72 psf (2 ft. Surcharge) 0 0 DEPTH 4 •• a OF CROSS BRACES UPRI N TRENCH XORIZ. W nit. VERT. MAXIMUM ALLOWABLE HORIZONTAL SPACING m (FEET) SPACING UP TO UP TO UP TO UP TO UP T9 SPACING SIZE SPACING FEET (FEET) 4 FE V CLOSE 4 6 6 UP TO Not Not 3 5 6 414 4X4 4X4 4X4 416 4 Req'd Req'd 416 CL UP TO TO 8 414 4X4 4X4 616 4X6 4 Req'd Req Hoc 4x6 C UP M 7 10 tO 4I6 4X6 4X6 6x6 6X6 4 BID 4 416 D 0. UPi2 TO 416 4X6 6X6 6X6 6X6 4 818 4 416 3 UP TO 414 4X4 4%4 6X6 616 4 6Req'd Req 4d 4110 O UP a 0 B 416 4X6 416 616 616 4 6x8 4 4X6 P TO ' 15 30 6X6 616 616 6X6 616 4 818 4 418 P TO 12 6X6 616 6X6 6X6 616 4 8110 4 4X6 4X10 a TO 15 6 616 6X6 6X6 616 616 4 6X8 4 3X6 ' ro r.pp a 6X6 6%6 6X6 6%6 6X6 4 818 a ]16 4112 AS P TO P 20 10 6X6 6X6 6X6 6X6 618 4 BXID 4 316 N C P TO 12 6X6 616 6I6 618 6x8 4 1112 { J%6 4X11 OVER SEE NOTE I 20 • Douglas fir or equivalent with a bending strength not less than 1500 psi. •• Manufactured members of equivalent strength soy be substituted for wood. V n TIMBER TRENCH SMOKING -- MININUN TIMBER REQUIREMENTS s SOIL TYPE B P 45 X X • 72 psi (2 ft. Surcharge) s DEPTH SI24 (S.S) A1 StACUtC OF HDIURS ss OF TRENCH HORI2.VEST. y OF RENCN (FEET) VERT. MAXIMUM ALLOWABLE BORIZONTAL SPACING (FEET) SPACING UP TO UP TO UP 70 UP TO UP TO SPACING SIZE SPACING ______ ______ (FER CLOSE 2 3 4 6 (FEET) 4 6 9 l2 15 (FEET) (IX) ryrn 5 UP TO y .X6 4X6 4X6 6X6 6%6 5 6X8 S 3X12 4X8 ' 4X12 UP TO '4x.a TO B 4X6 4X6 6X6 6X6 6X6 3 Big S 5X8 10 10 4X6 4X6 6X6 6X6 6X8 S SRI0 5 4Xa See-- .. .... Rote 1 UP TO 10 6 6X6 6X6 6X6 6X8 6X$ 5 Big - 5 3X6 4XIO L'Pt0 t0 .8 6x8 6X8 6X8 6X8 8X8 5 10x10 5 JX6 4X10 UP TO )y 10 6X8 6X8 8X8 8%e 8X8 5 10X12 5 3X6 4X10 See ' Soto I UP TO ' 1S 6 6X8 6X8 6X8 6X8 8X8 S 8X10 5 4X6 TO UP TO a 6X8 6x8 6X8 ERB 8x8 .. .5 LOX12 S 4X6 - • _. - - . _ --•..--• UP TO ... 20 to gX8 - 8Xg 8XB 8X8 B%g 5 12x12 - 5 4%6 - . See __ _. Note I OVER 20 SEE NOTE I * Douglas fir or equivalent with a bending strength nor less than 1500 psi. so Nanufaccured members of equivalent strength may be subscicuced for wood. TABLE C-2,3 TIMBER TRENCH SHORING -- MINIMUM TIMBER REOUIREOOITS s SOIL TYPE C Pa - 80 X H M 72 pet (2 ft. Surcharge) DEPTH SIZE (54S) em PAtTN fly 'o-arr ss OF UPRIGHTS TRENCH XORIZ. WIDTH 0 "FNry frrElVERT. VERT. MAXIMUM ALLOWABLE HORIZONTAL SPACIAL (FEET) SPACING UP TO UP TO UP TO UP TO VP TO SPACING SIZE SPACING (FEET) (FEET) 4 6 IS FEET CLOSE UP TO 5 6 6X6 6X6 6X6 6X6 Big S gX8 5 3X6 uP Tv TO a 6%6 6X6 6X6 8%8 8%B 5 10%10 S 3X6 UP TO 10 )0 6X6 6X6 8X8 8X8 8X8 5 10x12 3 3X6 see Noce I UP TO 10 6x8 6X8 6X8 8X8 Big 5 10X10 5 4X6 UP TO TO a Big 8i8 Big 8X8 8X8 5 12X12 5 4X6 5 Sote I IS See Note I UP TO I5 6 8X8 8X8 SXB 8x10 Bx10 3 10X12 5 4X6 See TO ote 1 Sc. ote 1 20 <e -lot. 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V — V Z_ --n w___ J .- Y V Mr' F-' • Y sV a u �• t� *j Z '! y } re s •off s . r K rV t U rU i ■ I flu u_ I+ - I.L ALUMINUM HYDRAULIC SHORING VERTICAL SHORES FOR SOIL TYPE B a C HYDRAULIC CYLINDERS Q 1 O WIDTH OF TRENCH (FEET) 9 DEPTH MAXIMUM MAXIMUM OF HORIZONTAL VERTICAL D TRENCH SPACING SPACING UP TO 8 OVER 8 UP OVER 12 UP ' TO12 TO15 C (FEET) (FEET) (FEET) OVER :., UPTO 8 10 ' OVER. _ ... 10 6.5 4 2INCH 2INCH 3INCH UPTO DIAMETER DIAMETER DIAMETER IS NOTE (2) ' - 15; ----...---.. - ._ .... .. .- ..- n 1S 5,5 -- f) UPTO F .20. OVER20 _. _.. .._..NOTE(1) :. .. Footnotes to tables, and general notes on hydraulic shoring. art found in Appendix D, Item (g) T Note (I):. See Appendix D, Item (g) (1) Note (2): See Appendix D, Item (g) (2) - - - _ 0 1 TABLED -I.3 O ALUMINUM HYDRAULIC SHORING WALER SYSTEMS c FOR SOIL TYPE B WALES HYDRAULIC CYLINDERS 771®U UPIWHIS 3 ' DEPTH •WIDTH OF771FSICH (FEET) A@� OF TICAL SECTION UP TO S OVER SUP 7O 12 OVER 12 UP TD15 ' TRENCH SPACING MODULUS 2 F. 3 FT.C NORM CYLINDER NORMCYLINDER NORM CYLINDER (FEET) (FEET) (IN') SPACING DIAMticx SPACING DlAMtits SPACING LAtits CL 2111 OVER 3.5 8.0 2 IN 8.0 NOTE(2) 8.0 3IN ' 4 UP TO 7.0 9.0 21N 9.0 NOTE(2) 9.0 31N - - 3x12 y 10 14.0 12.0 3IN 12.0 3 IN . 12.0 31N 3 ' OVER 3.5 6.0 21N 6.0 Nutt 2 6.0 3 UP TO 4 7.0 8.0 31N 8.0 31N 8.0 31N 3x12 ' is 14.0 10.0 3IN 10.0 3IN 10.0 3IN OVER 3.5 5.5 2IN SS NOTE(2) 5.5 3IN • 15 UP TO 4 7.0 6.0 31N 6.0 31N 6.0 31N 3x12 20 14.0 9.0 31N 9.0 31N 9.0 31N OVER 20 NOTE (1) ' Footnotes to tables, and general notes on hydraulic shoring. are found in Appendix D. Item (g) Netter 11): See Appcnd:x D, item (8111) v Notes Li): See Appendix D. Item ti (21 • Consult product manufacturer and/or qualified engincer for Section Modulus of available wales. V L 0 •1 I-' W C. 't N N C; C i9 w rr n n C 0 a n C C n N 0 O n W TABLE D • 2.4 ALUMINUM HYDRAULIC SHORING WALER SYSTEMS FOR SOIL TYPE C WALES HYDRAULIC CYLINDERS TIMBQ UPRIGHTS WIDTH OF TRENCH (FEIM a/Axjaiz SPACING DEPTH ONCFNTER OF TRENCH SPACING 7ING SECTION aaCTION UPT08 OVERBUPT012 VERI2 UP TOI5 SOIIII 2FT. 3F -T NORM CYLINDER NORM CYLINDER HORM CYLINDER (FEET) (FEET) (IN') SPACING U SPACING IA SPACING IA ..:: OVER 33 60 . 2IN "t0 NO7� 2 SO .... 31144 --•-- 3x12 7.06.3 - .. 21N&5 NOTTi(2) 'GS 31N1 - UPTO 10 14.0 10.0 )1N 10.0 31N 10.0 3114 - .. 21N 3.5 4.0 2IN N 2 A.0 3 IN OVER 10T0 4 7.0 5.5 3IN 153 ' 3 IN SS 3143h1 - U IS 14.0 8.0 3114 8.0 .3IN 8.0 OVER_ 3.5 3.5 2M 3.5 N NOTE(2) 3.5 3114 _ _.IS 14 3x12 -i • ' 7.0 5.0 3114 ..•5.0 -3114': S.O.. • 31N UPTO .1 - - . OVER20 -NTE(I)---__.. I Foomoms to tables, and Benenl notes on hydnu)ic shoring. are found in Appendix D. 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NO Uv O 1L 5c'4i4 - - - _.• - • -• .tte -, - • •S JO `. U Y PO _ 1•f _ .Mn4Wfl .- . [i 7r..C T Y 1 ;.i u 1 ' . m - Y4' YN^ _ . Y C •� S V O M • V M M•• M ' t) O L.0..4 •G > • 7 O 7 ._... . _ y C UAL Y . + ^7N .. ^ •u CO •PI.4M d •9 O 7 ^ •W r-..— •4 1'1v GG CA 6• 9 • —waft•4 CA O aA M v,c A V O• O L - M b M ■• '.4410. YN • O YN • • -. Y N • • 4 4 41 • W a pp Y ppb Y O p N p M y .14 0.05 OM • �O O •D 7• w 'O $.6..4..4 0S0 N P'O v N p o+. N p NM MOO O M O M 5 u 0 .Pi 9_ ••l -0 -J 08/01/96 Section 02220 EXCAVATION AND EMBANKMENT Part 1 GENERAL 1.1 SECTION INCLUDES A. Excavation, construction of embankments, and disposal or compaction of all material that is encountered within the limits of the Work. B. Earthwork required for construction of pipelines and appurtenances, including excavation, backfilling, and compaction of backfill above embedment around pipes and appurtenances. 1.2 RELATED SECTIONS A. Clearing, grubbing, and scalping are covered in Section 02100 - Site Preparation. B. Excavation Safety is covered in Section 02161 - Excavation Safety. C. Roadbed preparation and base course placement are covered in Section 02230 - Granular Base Course. D. Erosion control procedures are covered in Section 02270 - Erosion Control. E. Pipelaying is covered in Section 02600 - Pipe Laying. 1.3 REFERENCES A. AASHTO T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 -in. Drop". B. AASHTO T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and an 18 -in. Drop". C. AASHTO T 191, "Density of Soil In -Place by the Sand -Cone Method". D. AASHTO T 224, "Correction for Coarse Particles in the Soil Compaction Test". E. AASHTO T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods". CEI Project 10436 Page 02220-1 C I I El 08/01/96 1.4 QUALITY ASSURANCE A. All excavation, embankment, and trenching work shall be accomplished by workers skilled and experienced in this kind of work. Equipment used shall be of a size and design suitable to accomplish the construction required. B. Quality control testing shall conform to the requirements of this section and section 01410. 1.5 SEQUENCING AND SCHEDULING A. Sequence and schedule work to avoid double handling of materials. Prepare ' embankment areas to receive fill prior to beginning excavation of materials that will be used in embankments, so that the material can be immediately used to construct embankments. Part 2 PRODUCTS ' 2.1 CLASSES OF EXCAVATION IA. Common Excavation: all excavation not included as rock excavation or excavation not otherwise classified. Removing of existing base course or asphalt pavement necessary for constructing new pavement connections is considered demolition. B. Rock Excavation: igneous, metamorphic, and sedimentary rock that cannot be excavated without the blasting or the use of rippers, and all boulders or other t detached stones each having a volume of 1/2 cy or more. IC. Unsuitable Excavation: material excavated from cut areas that cannot be utilized on any part of the project due to the poor qualities of the material and must be hauled off -site, and materials that cannot be stabilized in place through normal drying and ' compactive efforts when satisfactory weather and ground conditions exist. D. Trench excavation is excavation required to construct a trench for utility or storm ' sewer piping. Trench excavation is incidental to pipelaying. Part 3 EXECUTION 3.1 PREPARATION I. A. Prepare areas to be excavated or where embankment is to be constructed in accordance with Section 02100. I CEI Project 10436 Page 02220-2 n F I I El I I 08/01/96 3.2 EXAMINATION DURING CONSTRUCTION A. As excavation, embankment, and trenching work proceeds, examine the work area for evidence of prehistoric people's dwelling sites or artifacts of historical or archeological significance. If any of these are encountered, suspend construction in the affected area until Owner or Engineer contacts archeological authorities to determine the disposition thereof. 3.3 GENERAL CONSTRUCTION REQUIREMENTS A. Excavation and embankments shall be finished to reasonably smooth and uniform surfaces according, to the lines, grades, thicknesses and typical cross sections indicated on the Drawings. B. Do not waste materials unless they are unsuitable for construction of embankments and they exceed the amount that can be spread on cut or embankment slopes. C. Common excavation materials that are surplus to the needs of the project shall be ' stockpiled at locations indicated on the Drawings or as directed by Engineer. Li L I I D. Complete site preparation work in accordance with Section 02100 prior to beginning excavation and embankment work. E. Conduct grading operations, as far as practicable, so that the most suitable soil is placed in the top layer of the embankment. Where both suitable and unsuitable materials are encountered in the same general excavation area, control grading to keep materials separated. F. Exercise care and discretion in locating and using haul lanes near trees to be preserved. Haul lanes near trees shall be approved by Engineer. 3.4 ROADWAY EXCAVATION ' A. Excavate cut areas to approximate subgrade elevations to reasonably smooth and uniform surfaces in accordance with the lines and grades indicated on the Drawings. ' B. Use suitable materials, so far as practicable, in the formation of embankments, in the • subgrade, on slopes, and at other such places indicated by Engineer. I .1 I C. Excavated material to be used in embankments shall be immediately placed in the embankment area so as to avoid stockpiling and double handling. ' CEI Project 10436 Page 02220-3 Where excavation to the finished grade section results in a subgrade or slopes of unsuitable material, remove the unsuitable material and backfill with approved material, such as common excavation. Place material unsuitable for embankment construction on slopes or other locations designated by Engineer. Remove rock with suitable rippers. Blasting will not be permitted. Excavate rock to a minimum depth of 8 inches below subgrade elevation, not to exdeed a maximum depth of 12 inches below subgrade elevation within the limits of the roadbed, including sidewalks, and the excavation backfilled with material designated on the Drawings. Take care that un-drained pockets shall not be left in the surface of the rock. Remove or stabilize, to the Engineer's satisfaction, rock on the cut face that is loose, hanging, or that creates a potentially dangerous situation during or upon completion of excavation in each lift. Ripping of the next lift will not be allowed until this work has been completed. Except in solid rock, trim all slopes to the slopes shown in the cross section drawings, and exercise care so that no material shall be loosened below the required slopes. Remove or cut roots, stumps, and other foreign matter in the sides of ditches or drainage outlets to conform to the slope, grade, and shape of the section shown. EMBANKMENT CONSTRUCTION Embankment construction consists of constructing roadway embankments, including preparation of the areas upon which they are to be placed; construction of dikes within or outside the right-of-way; placing and compacting approved material within roadway areas where unsuitable material has been removed; and placing and compacting embankment material in holes, pits, and other depressions within the roadway area. Use only approved materials in construction of embankments and backfills. Remove sod and vegetable matter from the surface upon which embankment is to be constructed in accordance with Section 02100. Completely break up cleared surface by plowing, scarifying, or disking to a minimum depth of 6 inches, and then recompact as specified in Paragraph 3.6.C. Whenever a compacted road surface containing asphalt or granular material lies within 3 feet of the subgrade, scarify old road surface to a depth of at least 8 inches. Recompact this scarified material to a stable condition. CEI Project 10436 Page 02220-4 I I I I I L L H I I I I 08/01/96 D. Place roadway embankment material in parallel layers not exceeding 8 inches, loose measurement, over the full width of the embankment and compact as specified before the next layer is placed. Use effective spreading equipment on each lift to obtain uniform thickness prior to compacting. As compaction of each layer progresses, continuously level and manipulate material to assure uniform density. Add water or dry, if necessary, in order to obtain the required density. Route compaction equipment uniformly over the entire surface of each layer. E. When embankment is to be placed and compacted on hillsides, continuously bench slopes as the work is brought up in layers. Make benching of sufficient width to permit operations of placing and compacting equipment. Start each horizontal cut at the intersection of the original ground and the vertical sides of the previous cuts. Recompact material thus cut out. No additional payment will be made for this. F. When excavated material consists predominantly of rock fragments of such size that the material cannot be placed in layers of the thickness specified, place such material in the embankment in layers not exceeding in thickness the approximate size of larger rocks, up to 30 inches maximum. Reduce size of rock or boulders too large to permit placing in 30 inch layers as necessary to permit this placement. The 12 inches of embankment immediately below finished subgrade may be placed in one layer with no rock exceeding 8 inches in its greatest dimension. Construct each layer so that rock voids are substantially filled with rock fines and earth. Place and manipulate rock in uniform layers with rock fines or earth distributed throughout the layer. Do not end dump rock over the edges of the layer being constructed. Deposit rock on the layer being constructed and move the rock ahead so as to advance the layer with a mixture of rock fines and earth. G. Casting material directly into place with draglines, cableways, or other similar machines will not be permitted. H. Control embankment construction so that partially constructed embankments remain stable at all times. Replace portions that have become displaced due to carelessness or negligent work; no extra payment will be made for such embankment repair. I. For: those portions of embankments immediately adjacent to structures or which are for other reasons inaccessible to compaction equipment in use, construct with only suitable material in successive parallel layers of not more than 6 inches thickness, loose measurement. Uniformly mix each layer and compact to the requirement of the specific item by the use of mechanical equipment. Hand tamping will not be permitted. J. Construct embankments in sections of not less than 200 feet in length, or the full Ilength of the embankment if less than 200 feet. ri ' CEI Project 10436 Page 02220-5 I I I 08/01/96 3.6 COMPACTION REQUIREMENTS A. Accomplish compaction by any satisfactory method or methods that will achieve the specified density. B. Maintain compaction equipment, tools, and machinery in good operating condition. ' C. Compact each layer of embankment to 95 percent of maximum density at optimum moisture content per AASHTO T 99, with correction for coarse particles retained on 'the #4 sieve not to exceed 30 percent by weight as determined by AASHTO T 224. If more than 30 percent by weight of embankment material is retained on the #4 sieve, compact to 95 percent of maximum density at optimum moisture content per ' AASHTO T 180. Specified density is not required immediately next to wingwalls and similar structures. D. During compaction, maintain moisture content substantially at optimum throughout each layer. Maintain moisture content by adding and thoroughly mixing water or by aeration or other drying methods, as necessary. ' E. Maintain specified density of embankment layer prior to placing a subsequent layer. F. Construct embankment to grade over the full width in uniform layers parallel to the finished surface. G. Density requirements will not apply to portions of embankment constructed of material so rocky that it cannot be satisfactorily tested as specified. In such cases, determine extent of compaction effort by rolling based upon the amount of breakage and consolidation that can be accomplished. ' H. Roadbed Compaction 1. Excavate or fill to subgrade lines and grades indicated on the Drawings. 2. Loosen top 6 inches within full width of roadbed. 3. Adjust moisture content to bring substantially to optimum. 4. Compact as specified for embankment. 5. Reshape section as part of compaction effort to conform to typical section. ' 3.7 TRENCH EXCAVATION IA. General 1. Notify property residents 48 hours prior to beginning excavation on property. 2. Protect trees unless designated by Owner or Engineer for removal. I: a. Erect protective barricade around trees as approved by Engineer. b. Minimize pedestrian and vehicular traffic over root zone of trees to be saved. CEI Project 10436 Page 02220-6 C LI I I I I I I_l I I I I I I I I 08/01/96 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 I. Call "ARKANSAS ONE CALL" at 1-800-482-8998 two working days before starting excavation. 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. 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 resolution. 7. Do not proceed with permanent relocation of encountered utilities without written instructions from Engineer. ICEI Project 10436 Page 02220-7 I ' 08/01/96 C. Trench Depth th 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. 2. Backfill over -excavation up to 2 feet with bedding material in 6 inch layers, ' and tamp to achieve a bearing capacity equal to the adjacent undisturbed earth. Over -excavation greater than 2 feet will require excavation operations Ito 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. F. When rock is encountered, excavate to an elevation 9 inches below the pipe installation depth. 1 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 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. ' 3. 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 I. or dimensions, undertaken by Contractor without prior authorization by Engineer. CE! Project 10436 Page 02220-8 08/01/96 ' 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. L. Piping in embankment areas shall not be installed on top of the ground and then backfilled around the pipe. Instead, construct embankment to a minimum of 12 inches above the top of the pipe, and then a trench excavated in the compacted embankment. 3.8 TRENCH BACKFILLING AND COMPACTION A. 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. 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 Paragraph 3.6.C except that all backfill above pipe embedment shall be placed in 8 inch layers loose measurement and compacted to 85 percent of standard 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 as specified in ' Paragraph 3.6.C. 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. Li ' CEI Project 10436 Page 02220-9 08/01/96 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. 3.9 FIELD QUALITY CONTROL A. Take in place density measurements as required to assure that compaction efforts are achieving the specified density. Determine in -place density by AASHTO T 191 or T 238. 3.10 ADJUSTING I 1 1 1 1 A. Make adjustments to finished grade to leave the right-of-way and grading easements in a neat and presentable condition at the completion of the grading work. CEI Project 10436 END OF SECTION Page 02220-10 11 I I I I H] 08/21/96 Section 02230 ROAD BED PREPARATION Part 1 GENERAL 1.1 SECTION INCLUDES A. Preparing the subgrade of the roadbed to receive asphalt paving layers. B. Furnishing and installing of aggregate base course on top of prepared subgrade. Asphalt layers will be placed on aggregate base course. C. Furnishing and installation of granular material to fill over -excavations or to replace removed unsuitable material. 1.2 RELATED SECTIONS A. Site preparation is covered under Section 02100. IB. Excavation and embankment are specified in Section 02220. I I C I C. Asphaltic concrete.paving is specified in Section 02500. 1.3 UNIT PRICES Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, if any, and partial payment provisions. 1.4 REFERENCES A. AHTD "Standard Specifications for Highway Construction", 1993 Edition. B. AASHTO 1. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Us of the Los Angeles Machine". 2. T 99, "The Moisture -Density Relations of Soils Using a 5.5 -lb Rammer and a 12 -in. Drop". 3. T 180, "The Moisture -Density Relations of Soils Using a 10 -lb Rammer and an 18 -in. Drop". 4. T 191, "Density of Soil In -Place by the Sand -Cone Method". 5. T 224, "Correction for Coarse Particles in the Soil Compaction Test". 6. T 238, "Density of Soil and Soil -Aggregate In -Place by Nuclear Methods". CEI Project 10436 Page 02230-1 I I I I I I I I I I L H 08/21/96 astsj; IiW A. Submit data concerning source and quality of granular materials being furnished. Indicate frequency of quality control testing by the source supplier. 1.6 QUALITY ASSURANCE A. Work under this section shall be accomplished by workers skilled and experienced in this kind of work, using equipment designed for this kind of work. Maintain equipment in good operating condition. 1.7 DELIVERY, STORAGE, AND HANDLING A. Granular base material shall be delivered in trucks from the source and directly placed in the location required for construction, with no intermediate storage or stockpiling required, as far as practical. B. Delivery of materials to be paid for by weight or volumes measured in haul trucks shall include a truck ticket delivered to Engineer. Part 2 PRODUCTS 2.1 GRANULAR BASE COURSE MATERIALS A. Aggregate base course shall be crushed stone so proportioned as to meet the requirements for Class 7 material as specified in Table 1. B. Granular material for over -excavation areas shall be either crushed stone and/or gravel so proportioned to meet the requirements for either Class 1 or Class 2 material as specified in Table 1. C. Percent of wear for Class 7 material, measured by AASHTO T 96, shall not be greater than 45. D. When it is necessary to blend two or more materials, each material shall be proportioned separately through mechanical feeders to ensure uniform production. Premixing or blending to avoid separate feeding will not be permitted. Blending materials on the roadway in order to obtain a mixture that will comply with the requirements specified will not be permitted. ' E. Shale and slate are not considered to be gravel or stone. Material furnished shall be reasonably free from shale, slate, and other objectionable, deleterious, or injurious matter. CEI Project 10436 Page 02230-2 I 08/21/96 IF. For Class 1 and Class 2 material, the fraction passing the #200 sieve shall not be greater than 3/4 of the fraction passing the #40 sieve. For Class 7 material, the fraction passing the #200 sieve shall have a liquid limit not greater than 25. ' G. When the material contains aggregate larger than that specified for the class required, it must be removed by screening or by screening and crushing. Removal of large size aggregate by hand methods will not be permitted. I I I I I J I I Table 1 Classes of Granular Material Grading and Crushing Requirements SIEVE Class I Class 2 Class 7 Percent Passing 3 inch 100 100 2 inch 95-100 95-100 1½ inch 100 3/4 inch 60-100 60-100 50-90 3/8 inch 40-80 40-80 #4 30-60 30-60 25-55 #10 20-50 20-50 #40 10-35 10-35 10-30 #200 3-15 3-15 3-10 Max Plasticity Index (minus #40 material) 13 10 6 Min percent crusher -run material 90 2.2 SOURCE QUALITY CONTROL A. Granular materials for aggregate base course and filling over -excavation areas shall be obtained from a quarry permanently established to furnish the materials specified, having a standard quality control and testing procedure in place. B. If requested, provide reports of standard quality control tests for the types of materials ' being furnished, such reports to include gradation of the completed mixture, Los Angeles hardness, plasticity index, and liquid limit. I CEI Project 10436 Page 02230-3 I I ' 08/21/96 IC. If requested by Engineer or Owner, provide source quality control testing of the actual material being furnished. Such tests will be requested if material as delivered on site does not appear to match the specifications, or if the compacted material does not ' seem to compact as specified. Such tests will include any which measure the properties specified, and will be required for every 1,000 cubic yards of granular material. Part 3 EXECUTION 3.1 EXAMINATION IA. Examine excavation and embankment work for accuracy and adequacy of construction prior to starting subgrade construction. ' 3.2 SUBGRADE CONSTRUCTION A. Prepare subgrade in such a manner as to ensure that the base, surface course, or ' pavement will be placed on a firm foundation that is stable and reasonably free from dust pockets, wheel ruts, or other defects. B. Scarify subgrade area to such depth as is necessary for shaping. Shape and compact to the required grade and section. ' C. Shape subgrade in areas of superelevation to conform to the superelevation, so that base course can be placed in a substantially uniform thickness that conforms to the ' superelevation lines and grades. Superelevation layout shall conform to details published by the AHTD and with the values for superelevation slope and transition length indicated on the Drawings. The transition length, designated L, on the ' Drawings, is divided into "tangent runout" which accounts for 1/a of the Iz, and "superelevation runoff" which accounts for 3/4 of the L. For curve 2, the superelevation runoff in and out of the curve shall fall 66.67 percent before the point of curvature and 66.67 percent after the point of tangency, respectively. For curve 3, the superelevation runoff in and out of the curve shall fall 66.67 percent before the point of curvature and 50 percent after the point of tangency, respectively. D. Compact the top 8 inches of subgrade to a density of not less than 95 percent of maximum density at optimum moisture content obtained by AASHTO T 99, with ' correction for particles retained on the #4 sieve not to exceed 30 percent when measured in accordance with AASHTO T 224. If subgrade material contains more than 30 percent by weight retained on the #4 sieve, compact to not less than 95 ' percent of the maximum density at optimum moisture content obtained by AASHTO T 180. I ' CEI Project 10436 Page 02230-4 I I 08/21/96 ' E. Accomplish compaction by any satisfactory methods that will obtain the required density. F. Adjust moisture content by the addition of water or by manipulation and aeration as necessary under conditions encountered. ' G. Compaction operations may be omitted when an old stone or gravel roadbed is used as a foundation or subgrade for a base course or pavement where scarifying for shaping is unnecessary and its stability is approved by Engineer. H. Remove soft and yielding materials and other portions of the subgrade that will not compact readily when rolled or tamped. Fill holes or depressions made by this ' removal with approved material. Bring the entire subgrade to the lines, grade, and cross sections indicated on the Drawings. Compact to specified density. II. If the succeeding course is not placed immediately after subgrade has been prepared and subgrade becomes cut up, rough, or unstable, re -shape and recompact subgrade as previously specified. ' J. Proof roll subgrade prepared for road, curb and gutter, and sidewalks, prior to placement of base course or concrete. Proof rolling vehicle shall be either a roller or 'loaded truck or scrapers, of sufficient weight to identify soft and yielding portions of compacted surface. Proof rolling pattern shall be approved by Engineer. 3.3 AGGREGATE BASE COURSE CONSTRUCTION A. Place base course material on completed and approved subgrade or existing base that has been bladed to substantially conform to the grade and cross sections indicated on the Drawings. ' B. Subgrade shall be free from excess or deficiency of moisture at the time of placing base course material. There shall be no standing water on subgrade. Do not place base ' course material on frozen subgrade. C. Place aggregate on subgrade or other base course material and spread uniformly to ' such depth and lines that when compacted it will have the thickness, width, and cross section indicated on the Drawings. If specified compacted depth of base course exceeds 7 inches, construct base in two or more layers of approximately equal ' thickness. D. Thoroughly mix each base course layer for the full depth of the course and compact ' by any satisfactory method that will produce specified density. Maintain aggregate substantially at optimum moisture content during mixing, spreading, and compacting CEI Project 10436 Page 02230-5 'Ti ' 08/21/96 I operations. Add water or aerate to dry as necessary. Maintain specific grade and cross section by blading throughout compaction operation. ' E. Compact material in each layer to a density of not less than 100 percent of maximum density at optimum moisture content in accordance with AASHTO T 180. Compact aggregate across full width of application. F. Spread base course material the same day that it is hauled. Perform spreading in such a manner that no segregation of coarse and fine particles nor nests or hard areas ' caused by dumping aggregate on subgrade will exist. Take care to prevent mixing of subgrade with base course material in blading and spreading. G. When base course is placed adjacent to an existing or newly constructed asphalt surface course do not dump or mix aggregate on the pavement surface. Use ' mechanical spreading equipment, if necessary, to place base course on subgrade. H. If sufficient working space is not available to allow proper aeration or addition of 'water to base course material, mix the base course material by any satisfactory method prior to placement. ' I. Maintain base course in a satisfactory condition until accepted. I Li I I I I 3.4 FIELD QUALITY CONTROL A. Owner will employ a testing laboratory to test the density of the base course in place and for thickness, at intervals determined by Engineer. Density testing will be by AASHTO T 191 or T 238. Correct any deficiencies by scarifying, placing additional material, mixing, reshaping and recompacting as necessary to obtain the specified density and the required lines, grades, and cross sections. END OF SECTION ' CEI Project 10436 Page 02230-6 I I 11 IPart 1 - GENERAL Section 02261 SITE RESTORATION 07/31/96 1.1 SCOPE 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. I I L C I I I I I I 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 02220. 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. ICEI Project 10436 Page 02261-1 I I I I U 07/31/96 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 U I I I I I 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 10436 Page 02261-2 I ' 07/31/96 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 10436 Page 02261-3 n I 07/31/96 ' which have been disturbed, such as that caused by equipment tracks, shall be carefully backfrlled and repaired as though it were a part of the actual trench excavation. I I I I I I 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 3.1.B.2. 3. Seeding shall be as specified in Section 3.1.B.3. 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. C1 I I I I I I 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 10436 Page 02261-4 I J I1 07/31/96 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. Li I I I P 3. Stagger transverse joints. 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. A. Pavement: Restore damaged pavement sections to existing joints or a sawed joint. ' B. Asphalt Surfaces I I I I I 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 to 4 inch 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 10436 Page 02261-5 C I I H 07/31/96 3. Any unacceptable patch or repair shall be recompacted and retested without additional expense to Owner. C. CONCRETE SURFACE 1. Concrete is specified in Section 03316. ID. STONE BASE I I I C I H E I I I I I Crushed stone base shall be AHTD Class 7 compacted in 8 inch lifts to 95 percent modified proctor density. E. TRAFFIC MAINTENANCE 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 CEI Project 10436 Page 02261-6 I I ET I I I CI A. Section 02100 - Site Preparation ' B. Section 02220 - Excavation and Compaction 07/26/96 SECTION 02270 SLOPE PROTECTION AND EROSION CONTROL Part 1 GENERAL 1.1 SECTION INCLUDES A. Temporary erosion control systems. B. Slope Protection Systems. 1.2 RELATED SECTIONS L El I I Li I I I C. Section 02900 - Landscaping 1.3 ENVIRONMENTAL REQUIREMENTS A. Protect adjacent properties and water resources from erosion and sediment damage throughout from the beginning of the work until final accpetance. Part 2 PRODUCTS 2.1 MATERIALS A. Quick germinating and growing grasses such as wheat, rye, oats, barley, brown top millet, or sudan grass, meeting the requirements of the Arkansas State Plant Board. B. Fertilizer is specified in Section 02900. C. Straw bales shall consist of bales of rice, oats, barley, wheat, or rye straw, or of available grasses, free of an excessive amount of noxious weeds. Bales shall each weigh approximately 35 pounds. Straw in an advanced state of decomposition will not be acceptable. D. Fencing for siltation control shall be filter fabric supported by posts. Filter fabric shall be a permeable woven or nonwoven fabric that has high strength, high dimensional stability even when wet, good soil filtration characteristics, and high resistance to tear propagation in all directions, and shall be approved by Engineer. Temporary wire CEI Project 10436 02270-1 I I I I I E 07/26/96 fence shall be commercial woven wire with sufficient strength to provide the service intended. Posts for temporary wire fence shall be of any acceptable durable material of sufficient strength to support the wire fence and fabric when loaded with silt for the time the barrier is needed for service. Type of fastener and manner of attaching wire fencing to posts and fabric to wire fence shall be approved by Engineer. E. Erosion control matting, if required, shall be Curlex blankets by American Excelsior Company or approved equal. F. Bale stakes for each bale shall be a minimum of 4 feet in length and shall be either two #4 rebars, two steel pickets or two 2x2 inch hardwood stakes driven 1'-6" to 2'- 0" into ground. G. Temporary mulches such as loose hay, straw, netting, wood cellulose or agricultural silage. ' H. Fence stakes shall be metal stakes a minimum of 8 feet in length. I I Ii I Li PART 3 EXECUTION 3.1 GENERAL A. Obtain an NPDES permit for the construction site from DPC&E. Prepare a Storm Water Pollution Prevention Plan, complete with a description of best management practices to be followed, and submit to Engineer. B. The Drawings indicate approximate locations for erosion control devices such as straw bales and erosion control fencing. These should be considered minimum requirements. Provide additional erosion control measures if required to control erosion and siltation based on site conditions encountered and the nature of the construction. 3.2 PREPARATION IA. Review site erosion control plans. Deficiencies or changes in the erosion control plan as it is applied to current Up. conditions will be brought to the attention Engineer for remedial action. I I 3.3 EROSION CONTROL AND SLOPE PROTECTION IMPLEMENTATION A. Place erosion control systems in the locations indicated on the Drawings and as required to control erosion during construction. ICEI Project 10436 02270-2 L ' 07/26/96 B. Owner may limit the surface area of erodible earth material exposed by clearing and grubbing, excavation, borrow and embankment operations and direct that permanent or temporary pollution control measures be provide immediately. Incorporate all permanent erosion control features into the project at the earliest practical time to ' minimize the need for temporary controls. Permanantly seed and mulch cut slopes as the excavation proceeds to the extent considered desirable and practical. I. C. Temporary erosion control systems shall be maintained to control siltation at all times during construction operations. Failure to maintain erosion control systems in satisfactory condition may result in a deduction from pay requests. D. Respond to any maintenance or additional work ordered by Owner within a 48 hour period. E. Any additional material and work required and authorized by Owner which is beyond the extent of the erosion control plan and is not covered by unit prices shall be ' considered a modification to the Contract Documents. F. Slopes that erode easily shall be temporary seeded as the work progresses with a 'wheat, rye or oats application. I [1 I H I I I II I END OF SECTION ' CEI Project 10436 02270-3 08/01/96 Section 02272 Part 1 GENERAL 1.1 SECTION INCLUDES Furnish and install rip rap. 1.2 RELATED SECTIONS A. Erosion control is specified in section 02270. B. Site preparation is specified in section 02100. 1.3 UNIT PRICES Unit prices are specified in section 01025. 1.4 REFERENCES A. ASTM C 97, "Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone". 1.5 QUALITY ASSURANCE A. If requested by Engineer, submit certification or test results showing that the proposed rock meets density and absorption requirements specified herein. Testing shall be in accordance with ASTM C 97. Part 2 PRODUCTS 2.1 Materials A. Rip rap shall be hard, sound, and durable field stone or rough unhewn quarry stone. It shall be reasonably free of fines and shall be well graded between the maximum and minimum rock sizes so as to produce a minimum of voids. • B. Minimum density of stone shall be 140 pounds per cubic foot and maximum absorption shall be 6 percent. C. Maximum size shall not be greater than 18 inches in any dimension and approximately CEI Project 10436 Page 02272-1 I ' 08/01/96 50 percent of the material shall consist of pieces weighing 35 pounds or more. The stones shall be predominantly angular in shape with not more than 25 percent having a length more than 2.5 times its breadth or thickness and none having a length • exceeding 3 times its breadth or thickness. D. Rock from site excavations may be used for rip rap provided it meets the above requirements. Part 3 EXECUTION 3.1 INSTALLATION A. Rip rap layer shall be the nominal thickness indicated on the Drawings. B. Smaller stones shall be well distributed throughout the rip rap layer. Hand placing may be required to obtain the results specified. C. Areas to be protected with rip rap shall be dressed to the lines and grades indicated on the Drawings. D. Rip rap shall be placed starting at the toe of the slope with a maximum vertical drop onto prepared subgrade or 3 feet. Take care to avoid having stones roll on the slope. i END OF SECTION I IE Ti LJ I CI Li ' CEI Project 10436 Page 02272-2 L F I I Li El I I Section 02500 ASPHALTIC CEMENT PAVING Part 1 GENERAL 1.1 SECTION INCLUDES 08/21/96 Placement of asphaltic paving, including prime coat materials and installation, and hot mix asphalt binder and surface courses. 1.2 RELATED SECTIONS A. General quality control requirements and the division of responsibilities for laboratory and field testing are specified in Section 01410. B. Site preparation is specified in Section 02100. ' C. Excavation and embankment are specified in Section 02220. ' D. Subgrade preparation and base course construction are specified Section 02230. I E. Concrete curbs and gutters and sidewalks are specified in Section 03316. 1.3 UNIT PRICES Unit prices for work covered under this section are defined in Section 01025, including incidentals, related work, method of measurement, if any, and partial payment provisions. 1.4 REFERENCES A. AASHTO 1. M 17, "Mineral Filler for Bituminous Paving Mixtures". 2. M 81, "Cut -Back Asphalt (Rapid -Curing Type)". '• 3. M 140, "Emulsified Asphalt". 4. M 145, "The Classification of Soils and Soil -Aggregate Mixtures for Highway Construction Purposes". '• 5. M 208, "Cationic Emulsified Asphalt". 6. M 226, "Viscosity Graded Asphalt Cement". 7. T 30, "Mechanical Analysis of Extracted Mixture". '• 8. T 44, "Solubility of Bituminous Materials in Organic Solvents". 9. T 48, "Flash and Fire Points by Cleveland Open Cup". 10. T 49, "Penetration of Bituminous Materials". I CEI Project 10436 I Page 02500-1 I I I I I I I I I I I I I 08/21/96 11. T 51, "Ductility of Bituminous Materials". 12. T 78, "Distillation of Cut -Back Asphaltic (Bituminous) Products". 13. T 96, "Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine". 14. T 102, "Spot Test of Asphaltic Materials". 15. T 104, "Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate". 16. T 166, "bulk Specific Gravity of Compacted Bituminous Mixtures". B. AHTD 1. Standard Specifications for Highway Construction, 1993 Edition, referencing the following specific sections. a. 401, Prime and Tack Coats and Emulsified Asphalt in Base Course. b. 403, Materials and Equipment for Prime, Tack, and Asphalt Surface Treatment. c. 404, Design and Quality Control of Asphalt Mixtures. d. 406, Asphalt Concrete Hot Mix Binder Course. e. 407, Asphalt Concrete Hot Mix Surface Course. f. 409, Materials and Equipment for Asphalt Hot Mix Binder and Surface Courses. g. 410, Construction Requirements for Asphalt Hot Mix Binder and Surface Courses. 2. AHTD Test Method 449/449A 3. AHTD Test Method 450 4. AHTD Test Method 460 C. ASTM standards may be substituted for the listed AASHTO standard when the standards are essentially the same. 1.5 SUBMITTALS A. Submit product information on prime coat and tack coat products, and on asphalt cement when requested by Engineer. B. Submit mix design information in accordance with Paragraph 2.4. C. Submit source quality control information when requested by Engineer in accordance with Paragraph 2.5. ' 1.6 QUALITY ASSURANCE U Testing for materials and construction performance shall be at the option of Owner, or as specified herein. Owner has the authority to require any test needed, in their opinion, to demonstrate that the quality of the construction materials or workmanship meet the CEI Project 10436 Page 02500-2 1 I I I I I 08/21/96 specified requirements. Site tests shall be made in the presence of Engineer. Required tests must demonstrate compliance with the specifications before the paving work will be accepted. 1.7 DELIVERY, STORAGE, AND HANDLING A. HMAC mixtures shall be transported from mixing plant to the Work in vehicles with clean, tight beds. B. When mixtures are hauled more than 15 miles, or when mixtures are being placed between November 1 and April 1, cover beds of vehicles with canvas or other suitable material to retard loss of heat. Cover shall extend over the sides and ends of truck bed and shall be securely fastened. Store cover on truck at all times regardless of haul distance or time of year. C. Provide sufficient vehicles to provide a continuous operation on the roadway. ' D. Use only non -petroleum release agents. I II I H I I H I I Part 2 PRODUCTS 2.1 SOURCES A. Obtain aggregate from a permanently established quarry regularly engaged in supplying mineral aggregates for asphaltic concrete mixtures. Quarry shall have an established quality control program. B. Obtain asphalt cement from sources that have executed a certification agreement with AHTD. C. Obtain asphaltic concrete mixtures from a permanently established mixing plant regularly engaged in supplying paving materials conforming to AHTD specifications. Applicable provisions of AHTD 409.03 shall apply, except that Engineer will not be inspecting or monitoring operations of the plant. 2.2 PRIME AND TACK COATS A. Prime coat shall be emulsified petroleum resin, EPR-1, manufactured by Blackridge, or equal. B. Bituminous tack coat shall be rapidly curing cutback asphalt conforming to AASHTO M 81, or an emulsified asphalt conforming to AASHTO M 140 or M 208. Cationic CEI Project 10436 Page 02500-3 I I 08/21/96 emulsified asphalt shall have a minimum Saybolt Furol Viscosity at 122 degrees F at the point of manufacture of 200 seconds, and a maximum Saybolt Furol viscosity of 500 seconds. 2.3 ASPHALTIC CONCRETE A. Mineral Aggregates 1. Mineral aggregates for asphaltic concrete binder course and surface course shall consist of combinations of coarse aggregate, fine aggregate, and mineral ' filler proportioned as provided for in the specifics mix designs. 2. Coarse aggregate is that fraction retained on the #10 sieve and shall consist of crushed gravel, crushed stone, or slag. ' 3. Fine aggregate is that fraction passing the #10 sieve, and shall consist of clean, hard, durable particles of natural or manufactured sand or combinations of the two. Natural sand shall meet the requirements of AASHTO M 145 except that a maximum of 35 percent may pass the #200 sieve. Fine aggregate may contain a maximum of 2 percent coal and lignite by weight of the fine aggregate. 4. Crushed stone shall consist of clean, hard, durable fragments of rock of uniform quality, free from an excess of soft particles. The stone shall have a percent of wear, measured by AASHTO T 96, not greater that 40, and when subject to 5 cycles of the Sodium Sulfate Soundness test, AASHTO T 104, the loss shall not exceed 12 percent. 5. Crushed gravel shall consist of clean, hard, durable aggregate free from an ' excess of soft particles in which at least 98 percent of the particles retained on the #10 sieve have been produced from larger particles by crushing ' operations. Gravel shall have a percent of wear, measured by AASHTO T 96, not greater than 40. 6. Mineral aggregates shall be clean and free of deleterious material and adherent films of clay that will prevent thorough coating with asphalt materials. The fraction passing the #40 sieve shall have a plasticity index not greater than 4. For asphaltic concrete mixes, a minimum of 65 percent of ' total aggregate shall be produced by crushing larger particles. 7. Mineral filler shall comply with the requirements of AASHTO M 17. 8. Gradation of aggregates shall comply with the design mix, within the master I. ranges given in paragraphs 2.3.C and 2.3.D. B. Asphalt cement shall conform to AASHTO M 226. Physical requirements are per ' Table II of AASHTO M 226, with the further provision that ductility for all grades of asphalt cement shall be a minimum of 100 cm and all grade shall have a negative spot as determined by the Spot Test. The grade to be used will be determined by ' the mix design. I ' CEI Project 10436 Page 02500-4 H 08/21/96 ' C. Binder course shall be hot mix asphaltic concrete composed of mineral aggregate, asphalt cement, and any required additives proportioned to meet AHTD Type 2 binder course, in accordance with the following. Mineral Aggregate: Type 2 Asphaltic Concrete Maximum Tolerance Sieve Size percent passing percent ' 11/a inch 100 1 inch 92-100 ' 3/4 inch 75-97 ± 7 1h inch 55-85 ± 7 #4 sieve 35-60 ± 7 ' #10 sieve 20-45 ± 5 #20 14-35 ± 4 #40 sieve 10-30 ± 4 #80 sieve 6-20 ± 4 Asphalt cement 3.7-7.0 ± 0.4 ' Fines to Asphalt Ratio 0.6-1.4 ' Design Test Requirements No. of Blows: 50 Minimum Marshall Stability 1000 lbs ' Marshall Flow, 1/100 inch 7-16 Air voids 3.0-6.0 percent Min. voids in mineral aggregate 13 percent Minimum water sensitivity ratio 70 percent Percent anti -strip As required ' Fines to asphalt ratio is defined as the weight of the aggregate passing the #200 sieve, expressed as a percentage of the total mix weight divided by the percent ' asphalt cement content. Exact quantities of mineral filler and anti -strip additive incorporated into the mix will ' be as determined by the laboratory mix design. D. Surface course shall be composed of mineral aggregates, asphalt cement, and any ' required additives proportioned to meet the requirements for AHTD Type 2 surface course, in accordance with the following. Li I CEI Project 10436 J Page 02500-5 n 08/21/96 ' Mineral Aggregate: Type 2 Asphaltic Concrete Maximum Tolerance Sieve Size percent passing percent ' 3/4 inch 100 1h inch 85-100 t 7 #4 55-80 t 7 ' #10 35-60 t 5 #20 22-45 t 4 #40 15-35 f 4 #80 8-22 ±4 Asphalt cement t 4.5-7.5 t 0.4 Fines to Asphalt Ratio 0.6-1.4 ' Design Test Requirements No. of Blows: 50 Minimum Marshall Stability 1000 lbs ' Marshall Flow, 1/100 inch 7-16 Air voids 2.5-5.0 percent Min. voids in mineral aggregate 14 percent ' Minimum water sensitivity ratio 70 percent Percent anti -strip As required Exact quantities of mineral filler and anti -strip additives incorporated into the mix will be as determined by the laboratory mix design. Surface course shall contain not more than 60 percent limestone aggregate in the coarse mineral aggregate fraction. When limestone is the primary coarse mineral aggregate, crushed sandstone, crushed siliceous gravel, syenite, novaculite, or crushed slag shall be used as the remaining coarse mineral fraction. The portion retained on the #10 sieve shall have an insoluble residue of not less than 85 percent when tested in a 1: 1 solution of hydrochloric acid and water in accordance with AHTD Test Method 306. ' 2.4 MIX DESIGN A. A special mix design prepared specifically for this project will not be required. ' Submit for review the mix design in use at the mixing plant for its regular supply of the mixes specified. ' B. Mix designs shall be prepared by laboratory analysis in accordance with the requirements of the specifications. Mix design preparation shall comply with applicable provisions of AHTD 404.01. CEI Project 10436 Page 02500-6 1 I I I 11 I CII LI' I F I I I L I H I L L 08/21/96 2.5 SOURCE QUALITY CONTROL A. Contractor is responsible for quality control testing of the HMAC mixtures to be incorporated in the work prior to their placement in the work, in accordance with Section 01410. B. Tests shall be conducted by the mixing plant, as part of a regular quality control program. Such tests shall be of the type and at the frequency required to demonstrate that the mixing plant is producing mixtures in conformance with required design mixes. C. If required by Engineer, submit a copy of standing quality control program in use at the mixing plant. D. If required by Engineer, submit copies of testing records of tests conducted at the mixing plant on the HMAC products delivered for this project. Such tests will be ordered if Engineer has reason to believe the HMAC mixtures supplied are not in compliance with the specifications, or if the mixtures appear to result in overly difficult placement or compaction such that specified results are not obtained. Such testing, if ordered, may include: extraction tests (AHTD 450) and sieve analysis (AASHTO T 30)of the extracted aggregate; nuclear asphalt content gauge (AHTD 449/449A) and sieve analysis (AASHTO T 30) of the aggregate sample obtained by AHTD Test Method 460. Additional tests required for further evaluation of the mixture will be as needed to prove the adequacy of the mixture. Part 3 EXECUTION 3.1 EXAMINATION A. Examine the areas and conditions under which work will be performed. Conditions detrimental to timely and proper execution of this work shall be corrected. No work shall be done until unsatisfactory conditions are corrected. 3.2 PREPARATION A. Before application of each course or surface coat, prepare the existing course to receive the new course. Such preparation may include filling sags and depressions with asphalt binder or surface course mixtures. Accomplish this work by hand, blade grader, or mechanical spreader methods. Featheredge to a smooth and even surface around the edges of these areas. Prime coat or tack coat as applicable before placing this material. Examine base course to verify that the lines and grades conform to the requirements of the Drawings and Specifications, including those for superelevation. CEI Project 10436 Page 02500-7 H n I I 11169J191.1 B. Clean loose and foreign materials. C. Paint contact surfaces of curbing, gutters, manholes, and other structures with a thin coating of rapid curing cutback asphalt or emulsified asphalt. 3.3 INSTALLATION A. Prime Coat 1. Clean surface to be treated with prime coat of dust, dirt, and loose or foreign I. material by sweeping with mechanical brooms immediately preceding application of prime coat. Take care to clean but not loosen or dislodge embedded aggregate in base course. Remove patches of asphalt, dirt, or other t material which does not form an integral part of the surface to be treated. 2. Perform cleaning only far enough in advance of the application to ensure the surface being properly prepared at the time of application. ' 3. Spray prime coat material uniformly over surface by means of mechanical pressure distributor at the rate of 0.25 gallons per square yard, or as recommended by the manufacturer for project conditions. Remove surplus ' material that collects in surface depressions. 4. Allow prime coat to cure per manufacturer's recommndations before application of asphalt material. No material for a succeeding course shall be ' placed on a primed base course until the prime coat has cured sufficiently to prevent damage by hauling operations. 5. Do not apply when air temperature is below 45 degrees F. '6. Observe special precautions to ensure uniform distribution of prime coat material. Adjust and operate distributor so as to evenly distribute material. ' Remove excess quantities on the road surface caused by stopping or starting the distributor, by overflow, leakage, or otherwise. 7. Apply prime coat material only at temperatures within manufacturer's ' recommendations. 8. Repair prime coat that becomes damaged. J H I I fJ B. Apply tack coat in a manner similar to that described in paragraph 3.3.A for prime coat. Apply at the rate of 0.02 to 0.03 gallons per square yard. Apply tack coat sufficiently in advance of asphalt course to allow proper curing of the tack coat material but not so far in advance as to lose its adhesiveness as a.result of being covered with dust or foreign material. If tack coat becomes damaged or covered with foreign material, clean and re -treat with tack coat as required. C. Binder Course construction is covered in general in AHTD Sections 406 and 410. Preparing HMAC mixture is covered in general in AHTD Section 409. Binder course shall be constructed to the following standards. CEI Project 10436 Page 02500-8 I C I J I I I L I C C LI C I Li I I 08/21/96 Minimum Density, percent of theoretical 92.0 Maximum Moisture, percent (Roadway) 0.75 1. Where binder course is placed on shoulders, minimum density shall be 90 percent of maximum theoretical density. 2. Place mixture on prepared surface, spread, and strike off to line, grade, and elevation required. Place mixture only on a base that shown no evidence of free moisture and when weather conditions are suitable. Engineer may permit work of this character to continue when overtaken by sudden rains to utilize materials that may be in transit from the mixing plant to the site. 3. Mixture shall be delivered to the paver within recommended compaction temperature range according to the design mix. Do not place binder course on roadway at a temperature lower than 250 degrees F. . 4. Hand spreading is permitted only in areas inaccessible to pavement. 5. Paver shall uniformly distribute and compact mixture in from of the screed for full width being paved. Finished surface shall be smooth and of uniform texture. 6. Screed or strike -off assembly shall effectively produce a finished surface of required evenness and texture without tearing, shoving, or gouging mixture. 7. Operate mixer at forward speeds consistent with satisfactory laying of mixture. Match speed of paver with mixing plant production rate and number of hauling units. 8. Establish edge of binder course by string or chalk line for at least 500 feet ahead of spreading operation. 9. Thoroughly compact mixture after spreading by rolling as soon as it will bear weight of rollers without undue displacement. 10. Establish an optimum rolling pattern at beginning of placement of each mix design. 11. The number, weight, and type of rollers, and the optimum rolling pattern shall be such that the specified density and surface requirements are consistently attained while mixture is in a workable condition. Rollers which produce excessive crushing of aggregate particles will not be permitted. 12. Following the breakdown rolling operation and as soon as the mat will support the roller without displacement, pass pneumatic roller over binder course a sufficient number of times to knead and seal entire mat being placed. 13. Exercise due care when using vibratory rollers to prevent any deterioration of material caused by excessive rolling or vibration. Operate vibratory rollers in such a manner that overlap of adjacent passes shall be held to a minimum. 14. Start rolling longitudinally at the low edge and proceed toward the higher portion of the mat. When paving abutting a previously placed lane, longitudinal joint shall be rolled first followed by regular rolling procedure. Terminate alternate passes of roller 3 feet from any preceding stop. Do not stop rollers perpendicular to centerline of traveled way. ' CEI Project 10436 Page 02500-9 I I 08/21/96 ' 15. Restrict speed of roller to avoid displacement of hot mixture, and do not exceed 3 mph. Operate roller in such a manner that no displacement of the mat will occur. Rolling shall proceed continuously until all roller marks are eliminated and required density attained. Keep rollers moist for full width of roller to prevent adhesion of asphalt mixture to roller. Excess water will not be permitted. 16. Do not pass rollers over unprotected end of a freshly laid mixture. Form transverse joints by cutting back on previous run to expose full depth of the course. Use a brush coat of asphalt material on contact surfaces of transverse joints just before additional mixture is placed against previously placed material. 17. Upon completion of rolling operations, surface shall be smooth and of ' uniform texture. D. Surface Course construction is covered in general in AHTD Sections 407 and 410. Preparing HMAC mixture is covered in general in AHTD Section 409. Surface course shall be constructed to the following standards. ' Minimum Density, percent of theoretical 92.0 Maximum Moisture, percent (Roadway) 0.75 Surface course construction shall comply with the requirements of Paragraph 3.3.C, and with the following additional requirements. 1. Offset longitudinal joint in one layer by approximately 6 inches from the layer below. However, joint in top layer shall be at the centerline of ' pavement or at lane lines. General casting back of material or hand raking material onto surface will not be permitted. 2. Establish edge of surface course at least 500 feet ahead of spreading ' operation. 3. Finished surface, when checked with a 10 foot straight edge parallel to the centerline, shall show no variation more than 1/8 inch for surface course. 3.4 FIELD QUALITY CONTROL IA.. Owner will be responsible for quality control testing of the completed pavement, in accordance with Section 01410. Tests to be taken and their frequency will be determined by the Engineer. Tests may include coring for depth and laboratory ' density, in -place density, and straight edge for smoothness. Density of compacted mixture shall be in accordance with AASHTO T 166. I. B. If testing shows deficiencies, correct deficiencies by means satisfactory to Engineer prior to beginning additional work. If deficiencies appear to be the result of variation from approved mix design, an inadequate mix design or materials (as opposed to CEI Project 10436 Page 02500-10 08/21/96 workmanship), operations will be stopped until corrections can be made at the mixture source. If deficiencies are a result of workmanship, adjust operations and equipment to achieve the specified results. 3.5 CLEANING A. Clean surface of pavement as required of debris and loose material after compaction and before final acceptance. B. Clean ACHM splatter or excess material from curbs, gutters, drainage structures, and other places where it has been placed and exceeds the limits of paving indicated on the Drawings. END OF SECTION CEI Project 10436 Page 02500-11 Section 02580 PAVEMENT MARKING Part 1 GENERAL 1.1 SECTION INCLUDES A. Furnish and install reflectorized paint pavement markings, including words, arrows, and ^emblems, of the color and type specified, in accordance with the Specifications and at the locations indicated on the Drawings. 1.2 RELATED SECTIONS A. Hot mix asphaltic concrete pavement is specified in section 02500. B. Signage is specified in section 02840. 1.3 REFERENCES Arkansas Highway and Transportation Department (AHTD) 1. Test Method 409.2 2. Test Method 701 3. Test Method 702 4. Test Method 718 B. Federal Highway Administration (FHWA) 1. Manual on Uniform Traffic Control Devices (MUTCD). C. American Association of State Highway and Transportation Officials (AASHTO) 1. M 247, "Glass Beads used in Traffic Paint". D. American Society for Testing and Materials (ASTM) 1. D 711, "No -Pick -Up Time of Traffic Paint". 1.4 SUBMITTALS A. Submit product information of paint and glass beads to be used. 1.5 QUALITY ASSURANCE A. Pavement marking shall be accomplished by workers who are experienced in placing reflectorized paint pavement markings conforming to the MUTCD. CEI Project 10436 Page 02580-1 L 08/01/96 1.6 DELIVERY, STORAGE, AND HANDLING A. Paint shall be stored according to manufacturer's recommendation. Part 2 PRODUCTS ' 2.1 MATERIALS IA. Paint shall be a ready mixed alkyd resin, chlorinated polyolefin, chlorinated paraffin based white and yellow paint suitable for application on concrete and bituminous pavements. ' B. Paint shall have the property of angular reflectivity and be suitable as a binding medium for glass beads placed on the surface of the wet paint in the amount of not less than 6 pounds per gallon. Paint shall be homogeneous and well ground, shall not settle badly, and shall be readily broken up with a paddle to a smooth, uniform consistency. Paint shall be free from water or foreign matter and shall dry within the ' specified time to a tough serviceable film. Paint shall be properly strained during the final filling of containers and not more than 1 percent of coarse particles and skins shall be retained on a #325 sieve when tested according to AHTD Method 409.2 or ' Federal Test Method Standard No. 141 B. C. Materials used in manufacture of paints shall meet the requirements herein specified. ' Minor ingredients not specifically covered will be left to the discretion of the manufacturer except that the finished product shall not be adversely affected. Suitability of raw materials from different sources for use in paints shall be the responsibility of the manufacturer. D. Reactive or unstable products causing excessive viscosity or container instability will be cause for rejection of the paint. ' E. Paint shall conform, on a weight basis, to the composition requirements of the formulation as closely as accepted good paint practice will permit. No intentional variation will be permitted except for replacement of volatiles lost in processing. Recognized test procedures will be used by Owner to determine the composition of the finished paint. ' F. Paint components shall conform with AHTD Section 718, paragraph 718.02(a). G. Finished Paint Requirements. I. 1. Chlorinated polyolefin paint shall dry to no -pick-up in not more than 10 minutes without glass beads when tested in accordance with ASTM D 711 except that the film will be applied at a wet film thickness of 15 mils. When CEI Project 10436 Page 02580-2 I 08/01/96 I I I I I 1 I CI C H I HI I U H applied under field conditions with normal hot spray application with drop -on beads the paint shall dry to a no -tracking condition in not more than 3 minutes. 2. Daylight directional reflectance of the white paint, without glass spheres, shall be not less than 80 percent, and that of the yellow paint without glass spheres shall not be less than 48 percent, when tested in accordance with ASTM E 97. In addition the yellow paint shall visually match Federal Standard 595-A Color Number 33538. Yellow paint shall comply with the following limits. ≤V+ ≤C+ ≤H+ ≥H - Visual comparison shall be made with standard yellow Federal Color Tolerance chart for highway 'signs and markings obtainable from the Federal Highway Administration. 3. Paint shall have a minimum contrast ratio of 0.97 when applied at a wet film thickness of 15 mils to a color matching panel and tested in accordance with AHTD Test Method 701. 4. Paint shall have a minimum bleeding ratio of 0.94 when tested in accordance with Federal Specification TT -P -85e, except the asphalt saturated felt shall be Standard 15 pound roofing felt. Paint shall not check or crack on asphalt saturated felt indicating suitability for use on fresh asphalt overlays. Any checking or cracking on the felt or on fresh asphalt cores will be cause for rejection. 5. Paint shall adhere firmly and shall not show any evidence of cracking or flaking when a 15 mil wet thickness is tested in accordance with AHTD Test Method 701. 6. Paint shall show no adhesion loss or blistering when a 15 mil wet film thickness is tested in accordance with AHTD Test Method 701. 7. No skinning shall be present on the surface when the paint is allowed to stand in a partly filled closed container for 48 hours. After 48 hours, paint shall be free of lumps and skins when strained through a #100 sieve. 8. Finished paint shall have a Krebs Stormer viscosity of between 70 and 85 K.U. when measured at 77 degrees F. 9. White and yellow paint shall show a Hegeman grind of 4 minimum. 10. White and yellow paint shall have a weight per gallon within ± 0.60 pounds of the theoretical weight per gallon indicated by formulation. 11. When tested in accordance with appropriate methods in Federal Test Method Standard No. 141, the paints shall show a total solids content, pigment content, and vehicle solids content within reasonable proximity of those properties indicated by the formulations. 12. Pigments and vehicles extracted from paints shall be subjected to testing by appropriate methods under AHTD Test Method 701 or other available means as may be deemed necessary by Engineer to assure compliance with these formulations. ICEI Project 10436 Page 02580-3 08/01/96 al Pounds per 100 g lons 'Titanium Dioxide, anatase or rutile 105 Medium Chrome yellow -- Sl ' Calcium carbonate 250 (E Magnesium silicate 250 02 Zinc oxide, lead free 20 0 ' Benton 38 or equal 6 6 Alkyd resin, 60 percent solution 145 5ff Chlorinated polyolefin, CP 173 90 9 Chlorinated paraffin 35 S Soya lecithin 8 8 DER 331 or equal 3 3 ' 36 percent lead naphthenate 2 2 12 percent cobalt naphthenate 1 1 Anti -skinning agent 3 3 Methyl alcohol 3 3 Methyl ethyl ketone 285 S2 ' H. Glass beads for use on traffic line paint shall, except for gradation, meet the requirements of AASHTO M 247. 1. Glass beads shall be moisture resistant, clear, colorless, and clean, and of such ' character as to permit their embedment in a pigmented binder having their upper surface exposed to permit the refracting of light rays. 2. Not more than 30 percent of glass spheres shall be irregular or fused spheroids ' per screen size, and at least 70 percent of the spheres on each screen shall be true spheres when tested in accordance with AHTD Test Method 702. 3. When tested by liquid immersion method at 25 degrees C, spheres shall show ' an index of refraction within the range of 1.50 to 1.60. 4. Spheres shall conform to the following gradation when tested in accordance ' with AHTD Test Method 702. Sieve Percent Passing 40 90-100 ' 80 0-10 ' 5. Acid resistance test shall be performed in accordance with AHTD Test Method 702. 6. Sodium sulphide test shall be performed in accordance with AHTD Test ' Method 702. 7. Free flowing and moisture resistant properties test shall be performed in accordance with AHTD Test Method 702. Beads shall not be specially treated to enhance flotation. I ' CEI Project 10436 Page 02580-4 I 08/01/96 I C I I II 2.2 SOURCE QUALITY CONTROL A. Manufacturer shall maintain a regular quality control program that ensures that the specified requirements for paint are met. The written quality control program, as well as documentation concerning its continuing implementation, should be available to the for review by Engineer and Owner. Part 3 EXECUTION 3.1 EXAMINATION A. Examine pavement to be marked. Verify that paving work is complete, requiring only cleaning and preparation for painting. 3.2 PREPARATION A. Clean surface before paint application using any appropriate means. 3.3 APPLICATION ' A. Spot line locations if necessary. B. Apply paint in the locations and of the line types indicated on the Drawings. I I II I I I I C. Apply reflectorized paint to clean, dry, dirt -free surfaces. Apply paint at a minimum wet film thickness of 15 mils, at a rate of not less than 16.5 gallons per mile of 4 inch line. D. Place glass beads on the surface of the wet paint in the amount of not less than 6 pounds of beads per gallon of paint. E. Lines shall be even width and thickness. Ends of lines shall be sharp, with no splatter or unevenness. END OF SECTION ICEI Project 10436 Page 02580-5 I ' 08/01/96 ' Section 02600 PIPE LAYING Part 1 - GENERAL ' 1.1 SECTION INCLUDES Installation of storm sewer pipe and appurtenances. ' 1.2 RELATED WORK A. Trenching, Backfilling and Compacting is specified in Section 02221. B. Reinforced concrete pipe and fittings are specified in Section 02720. C. Corrugated metal pipe and fittings are specified in Section 02720. D. Perforated plastic tubing is specified in Section 02720. E. Testing of installed pipe is specified in Section 02720. F. 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. AHTD Standard Specifications for Highway Construction 1. Section 303, "Aggregate Base Course". IC. ASTM 1. D 448, "Standard Classification for Sizes of Aggregate for Road and Bridge Construction". ' 2. D 2774, "Recommended Practice for Underground Installation of Thermoplastic Pressure Piping". 3. D 2922, "Standard Test Methods for Density of Soil and Soil -Aggregate in ' Place by Nuclear Methods (Shallow Depth), C. CEI Project 10436 Page 02600-1 I I C I I I Ii I I r L H 08/01/96 1.4 QUALITY ASSURANCE A. Provide skilled workers to insure proper handling, jointing, and embedment of pipe. 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. Part 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) where groundwater is not encountered. 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. C. 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. I IT I I F. Concrete rock meeting the gradation requirements of Section 802.02 Materials (c) Coarse Aggregate. 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. CEI Project 10436 I Page 02600-2 08/01/96 C. Remove foreign matter from pipe and appurtenances before lowering into excavated area. ' 3.2 PIPE HANDLING 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. ' 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, and corrugated metal pipe, 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. ' D. For reinforced concrete pipe and appurtenances, place 4 inches of grit between the 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 appurtenance rests on grit. No haunching is required for reinforced concrete pipe. Initial backfill shall be job excavated select material. 3.4 JOINTING ' A. Place pipe and appurtenance to planned line and elevation. 1. Place sewer 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. H CEI Project 10436 Page 02600-3 L ' 08/01/96 ' B. Prepare pipe before jointing operations in accordance with manufacturer's recommendations. Place gasket in location marked. IC. 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. I 3.5 ' BACKFILLING 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. 3. Place job excavated select material from bedding of reinforced concrete pipe and compact to 90 percent of standard proctor density when groundwater is not encountered. 4. When groundwater is encountered in storm sewer pipe construction, place concrete rock for a minimum of 18 inches above the underdrain pipe as initial ' backfill, and compact to 90 percent standard proctor density. B. See Section 02220 for remainder of backfill. C. Existing Utility Crossings: Expose utilities located between two manholes 24 hours minimum before the downstream manhole is constructed. Wherever possible sewer I. 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 I. 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. I I END OF SECTION I CEI Project 10436 Page 02600-4 07/31/96 Section 02605 UTILITY SLEEVES Part 1 GENERAL 1.1 SECTION INCLUDES Furnish and install sleeves for future utility crossings. 1.2 RELATED SECTIONS A. Pipe laying is specified in section 02600. B. Excavation safety is specified in section 02161. C. Pipe trenching and backfill is specified in section 02220. 1.3 UNIT PRICES A. See section 01025. 1.4 REFERENCES A. ASTM A 139, "Electric -Fusion (ARC) -Welded Steel Pipe (NPS 4 and Over)". 1.5 SUBMITTALS A. Submit manufacturer's data on sleeves to be furnished. 1.6 QUALITY ASSURANCE A. Utility sleeves shall be installed by workers experienced in installing sleeves for utilities by the open cut method. B. Utility sleeve materials shall be new. CEI Project 10436 Page 02605-1 I 07/31/96 ' Part 2 PRODUCTS 2.1 MATERIALS A. Steel Utility Sleeves 1. Steel utility sleeves shall be steel pipe conforming to ASTM A 139. Pipe sizes ' and wall thicknesses are indicated on the Drawings. 2. Joints may be welded or bolted and gasketed. Inside of joints shall be smooth, not creating any hindrance to pushing pipes through the sleeve at a future time. ' 3. Interior and exterior of sleeve material shall be treated with a coal tar epoxy ' lining. ' B. PVC Utility Sleeves 1. PVC utility sleeves shall be schedule 40, rigid, high impact polyvinlychloride, conforming to Federal Specification W -C-1094 and Underwriters' Laboratories ' Standard UL -651. 2. PVC conduit sizes are indicated on the Drawings. I I I I Part 3 EXECUTION 3.1 EXAMINATION A. Examine sleeve materials for damage to pipe, lining, or coating during shipping. 3.2 INSTALLATION A. If not coated at the factory, coat exterior of steel pipe with coal tar epoxy paint prior to installation. IB. Install utility sleeves as specified for piping in sections 02220 and 02600. ILI I I I END OF SECTION CEI Project 10436 Page 02605-2 07/31/96 Section 02720 STORM SEWER SYSTEM Part 1 GENERAL 1.1 SECTION INCLUDES A. Storm sewer drainage piping, fittings, accessories, and bedding. B. Storm water drainage structures, including curb inlets and junction boxes. C. Storm water detention pond. D. Perforated Plastic Drain Pipe. 1.2 PRODUCTS FURNISHED BUT NOT INSTALLED UNDER THIS SECTION A. Storm Sewer Piping. 1.3 RELATED SECTIONS A. Measurement and payment provisions are specified in Section 01025. B. General quality control provisions and the division of responsibility for laboratory testing services are specified in Section 01410. C. Excavation safety is specified in Section 02161. D. Restoration of disturbed areas is specified in Section 02261. E. Pipe installation is specified in Section 02600. 1.4 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. CEI Project 10436 Page 02720-1 I 07/31/96 1.5 REFERENCES A. American Association of State Highway and Transportation Officials (AASHTO) 1. M 36, "Metallic (Zinc or Aluminum) Coated Corrugated Steel Culverts and Underdrains". ' 2. M 198, "Joints for Circular Concrete Sewer and Culvert Pie Using Flexible Watertight Gaskets". ' B. American Society for Testing and Materials (ASTM) 1. A 48, "Standard Specification for Gray Iron Castings". 2. C 76, "Reinforced Concrete Culvert, Storm Drain, and Sewer Pipe". ' 3. C 443, "Joints for Circular Concrete Sewer and Culvert Pipe, Using Rubber Gaskets". ' 1.6 SUBMITTALS A. Product Data: Provide data on pipe materials, pipe fittings, and accessories. 1.7 QUALITY ASSURANCE A. Materials furnished shall be manufactured by a manufacturer regularly engaged in providing storm water drainage piping and appurtenances complying with the specified standards. 1.8 DELIVERY, STORAGE, AND HANDLING ' A. Pipe sections shall be received at site and immediately inspected for damage and defects, and, if grading work is essentially complete, shall be distributed in the ' approximate locations where they will be installed. If grading work is not complete, handle and store in such a way to minimize damage. IPart 2 PRODUCTS ' 2.1 STORM SEWER PIPE MATERIALS A. Reinforced Concrete Pipe: Comply with requirements of ASTM C 76, Class III, ' unless another class is indicated on the Drawings. Joints shall be bitumen type, such as "Ram-Nek", or equal. • 'with B. Corrugated Steel Pipe: Galvanized, aluminized, or bituminous coated, complying AASHTO M 36, Type I, 16 gage unless another gage is indicated on the Drawings. CEI Project 10436 Page 02720-2 07/31/96 ' Joints to be any of the types specified in AASHTO M 36. This pipe material is to be used only where indicated on the Drawings. 2.2 ACCESSORIES A. Flared End Sections: Manufactured of reinforced concrete, to similar strength and dimensions as for pipe supplied in accordance with ASTM C 76, for Class III pipe. Joints to be as required for reinforced concrete pipe. ' 2.3 METAL CASTINGS A. Manhole Lids and Frames: Cast iron, conforming to ASTM A 48, Class 30A. Bearing ' surfaces between rings and covers or frames shall be cast or machined with such precision that uniform bearing shall be provided throughout the perimeter of the contact area. Paint with a rust inhibitive paint after installation. ' 2.4 PERFORATED PLASTIC DRAIN PIPE A. Perforated plastic drain pipe shall be corrugated polyethylene tubing, heavy duty type, conforming to AASHTO M 252. Minimum pipe stiffness shall be 30 psi at 10 percent deflection. Sizes are indicated on the Drawings. Pipe shall be perforated to allow water that would collect in the trench to enter the drain pipe and flow to the nearest drainage structure. Locations of these pipes will be determined by Engineer based on ' field conditions. Perforations shall be slits, not holes. 2.5 SOURCE QUALITY CONTROL ' A. Manufacturing plant shall have a standing quality control program in place. I I [J I H B. Factory testing of the specific units to be supplied for this project is not required, except as they may be tested as part of standing quality control policy. Engineer may require testing of specific units to be supplied for this project if there evidence that the units supplied do not conform with the specified standards. Part 3 EXECUTION 3.1 STORM SEWER PIPING Install storm sewer piping as described in Section 02600. CEI Project 10436 Page 02720-3 n I I I U I I I I I I I I .1 L 07/31/96 3.2 STORM WATER DETENTION POND Construct storm water detention pond according to the lines and grades indicated on the Drawings and in accordance with the requirements for compacted embankment given in Section 02220. 3.3 PERFORATED PLASTIC DRAIN PIPE A. Install perforated plastic drain pipe within pipe trenches where groundwater is encountered, or where required to assure proper drainage of embedment material. Engineer will make determination of where plastic drain pipe should be installed. B. Upstream end of drain pipe shall be fitted with a cap to prevent embedment material from entering. Drain pipe shall be installed according to the details indicated on the Drawings. Only granular material having good drainage characteristics shall be used in trenches where plastic drainage pipe is used. END OF SECTION CEI Project 10436 Page 02720-4 I I I I I I I 08/01/96 Section 02805 GUARD RAILS Part 1 GENERAL 1.1 SECTION INCLUDES A. Furnishing and installing steel plate guard rails. 1.2 RELATED SECTIONS A. Provisions for measurement and payment are specified in Section 01025. IB. Concrete is specified in Section 03316. I L I Li I J I I C I 1.3 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidental items, related work, method of measurement, and partial payment provisions, if any. 1.4 REFERENCES A. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway Construction, 1993 Edition, referencing the following specific section. 1. Section 617, "Guard Rail". B. American Society for Testing and Materials (ASTM) 1. A 36, "Specification for Structural Steel". 2. A 123, "Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron and Steel Products". 3. A 153, "Specification for Zinc Coating (Hot -Dip) on Iron and Steel Hardware". 4. A 307, "Specification for Carbon Steel Bolts and Studs, 60,000 psi Tensile Strength". 5. A 325, "Specification for High -Strength Bolts for Structural Steel Joints". C. American Association of State Highway and Transportation Officials (AASHTO) 1. M 36, "Metallic (Zinc or Aluminum) Coated Corrugated Steel Culverts and Underdrains". 2. M 180, "Corrugated Sheet Steel Beams for Highway Guardrail". CEI Project 10436 Page 02805-1 I I I I I H I H El H I 08/01/96 1.5 SUBMITTALS A. Submit manufacturer's information about the guard rail and its components. 1.6 QUALITY ASSURANCE A. Guard rail materials shall be manufactured by a manufacturer regularly engaged in producing guard rail materials complying with the specified standards. B. Installation of guard rails shall be accomplished with workers experienced in this type of construction. Part 2 PRODUCTS 2.1 MATERIALS A. Line posts shall be steel. Line posts shall consist of structural shapes of the section indicated on the Drawings or as otherwise specified and may be fabricated by the electrical resistance process in conformance with the requirements of ASTM A 769. Steel shall conform to requirements of ASTM A 36. Posts and spacer blocks shall be galvanized in accordance with ASTM A 123. B. Terminal anchor posts shall be steel. Anchor posts shall consist of structural shapes of the sections indicated on the Drawings, or as otherwise specified, and shall conform to the requirements of ASTM A 36. The upper 15 inches of the anchor assembly shall be galvanized in accordance with the requirements of ASTM A 123. C. Guard Rail material shall be steel conforming to the requirements of AASHTO M 180, Class A, Type 1. Chipped or damaged galvanizing shall be repaired as stipulated in AASHTO M 36. D. Bolts, nuts, and washers shall conform to the Drawings and shall be steel conforming to ASTM A 307 or A 325, galvanized in accordance with ASTM A 153 or B 695 Class 50. 2.2 SOURCE QUALITY CONTROL IA. Comply with applicable provisions of the referenced standards for source quality control. I CEI Project 10436 Page 02805-2 08/01/96 Part 3 EXECUTION 3.1 INSTALLATION A. Install guard rail to the alignment and in the location indicated on the Drawings. ' B. Space line posts as indicated on the Drawings. Set plumb in hand or mechanically dug holes, or by driving. Manner of driving shall be such as to avoid battering or distorting posts. Backfill post holes with moist sand and thoroughly compact as ' placed. Repair chipped or damaged galvanizing on posts in the field as specified. C. Construct terminal anchor posts by setting in concrete as indicated on the Drawings. ' Guard rail may be bolted to the angle at terminal anchor and the two assemblies positioned to proper alignment prior to placing concrete, or it may be bolted to the terminal anchor angle after anchor posts have been placed and the concrete sufficiently ' set. Do not use side forms. Place concrete directly against bottom and sides of anchor excavation. Concrete shall be Class B as specified in Section 03316. D. Construct guard rail in accordance with the details shown on the Drawings and in a manner resulting in a smooth, continuous installation. Secure fittings to posts and terminal anchors in a workmanlike manner. Install laps as indicated in the details on ' the Drawings. 3.2 FIELD QUALITY CONTROL A. Concrete quality control is specified in Section 03316. 3.3 ADJUSTING A. Adjust guard rail and associated hardware and accessories as required to result in a ' smoothly fitting guard rail. ' END OF SECTION I .1 CEI Project 10436 Page 02805-3 07/31/96 Section 02830 FENCING Part 1 GENERAL 1.1 SECTION INCLUDES A. Furnishing and erecting wire fence. 1.2 RELATED SECTIONS A. Provisions for measurement and payment are specified in Section 01025. B. Concrete is specified in Section 03316. 1.3 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidental items, related work, method of measurement, and partial payment provisions, if any. 1.4 REFERENCES A. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway Construction, 1993 Edition, referencing the following specific section. 1. Section 619, "Fences". B. American Society for Testing and Materials (ASTM) 1. A 121, "Zinc Coated (Galvanized) Steel Barbed Wire". C. American Association of State Highway and Transportation Officials (AASHTO) 1. M 281, "Steel Fence Posts and Assemblies, Hot -Rolled, for Field and Line - Type Fencing". 1.5 SUBMITTALS I A. Submit manufacturer's information about the fence and its components. 1.6 QUALITY ASSURANCE A. Fencing materials shall be manufactured by a manufacturer regularly engaged in producing fencing materials complying with the specified standards. CEI Project 10436 Page 02830-1 I 07/31/96 I L'' I I I I I I I I CJ I I I I I H B. Installation of fencing shall be accomplished with workers experienced in construction of the type of fencing specified. Part 2 PRODUCTS 2.1 MATERIALS A. Materials shall be new, and shall comply with the provisions for Type D fencing of AHTD Section 619 and with the following. 0 B. Barbed wire shall be a commercially available galvanized wire of the gage and type indicated in the details on the Drawings, and shall conform to ASTM A 121, Class 3 galvanizing. C. Staples used to attach the wire fencing to wood posts shall be galvanized 9 gage, 11h inches in length. D. Wood posts and braces shall be the length and diameter indicated in the details on the Drawings, and shall be seasoned, sound, and reasonably straight southern pine or Douglas fir. Posts shall be round and free from excessive end splits. Prior to pressure treatment, posts and braces shall have bark removed, knots trimmed flush, and ends cut square. Posts that are to be driven shall have the small end tapered. Posts shall be pressure treated with creosote, pentachlorophenol, or chromated copper arsenate. E. Metal line posts shall be "T" posts of good commercial quality iron or steel. Posts shall be galvanized or painted. - Part 3 EXECUTION 3.1 EXAMINATION A. Examine fencing materials after receipt at the site. Remove damaged materials. 3.2 ERECTION A. Erect fence parallel to and at a distance from the right-of-way indicated on the Drawings. Fence grade shall generally follow finished ground contour, and shall present a uniform appearance. Minor grading along the fence line may be necessary to obtain the desired uniformity in fence grade. Fence alignment may be adjusted by Engineer or Owner in consultation with property owners. CE! Project 10436 Page 02830-2 ' 07/31/96 ' B. Wooden line, corner, and pull posts may be driven in place provided driving does not damage post; or they may be set in dug holes and backfilled with earth thoroughly compacted as placed; or they may be set in concrete. ' C. Do not stretch wire onto posts set in concrete until seven days after placement of posts. ' D. Set posts plumb. ' E. Wire tension braces for wooden pull, end, and corner assemblies shall consist of a 9 gage wire passed around posts to form a double wire. Fasten wire to each post and fasten ends together to form a continuous wire. Twist wires together until wire is in ' tension. F. Where new fence joins an existing fence, attach the two in a satisfactory manner, with end posts being set on the new fence. G. Space pull post assemblies at intervals not more than 330 feet in straight alignment on ' level or uniformly sloping ground, and at sharp vertical angle points in the line. H. Place comer post assemblies at horizontal angle points of 15 degrees or more in fence. ' When the distance from corner post to next corner post is less than 165 feet, one approach span on the corner assembly may be omitted. I. Attach wire to face of post away from roadway, except on curves, where fencing shall be attached on the outside of curve. Attach wire to wood posts with staples driven at ' right angles to the grain and at a slight downward angle. Staples shall not be driven tightly against wire but shall leave sufficient free space for adjustment in tension. Attach wire to steel line posts with approved galvanized clips. All barbed wire shall ' be fastened to posts. Barbed wire shall be fastened to end, corner, and pull posts by wrapping wire tightly around posts and tying wire back on itself with not less than 3 tightly wrapped twists. J. Splicing of barbed wire shall be done in such a way to develop the full tension of the wires being spliced. K. Apply tension for stretching barbed wire by use of standard wire stretchers manufactured for that purpose. The use of trucks or tractors, except as anchors, will not be permitted. L. Install twist wire stays where indicated on the Drawings. 1 n CE! Project 10436 Page 02830-3 I 07/31/96 3.3 FIELD QUALITY CONTROL A. Completed fence will be checked by Engineer for: suitable tension of wires; adequacy of fence anchoring; correct location and installation of corner, end, and pull post assemblies; installation of wire stays; alignment; plumbness; and smoothness of installation. 3.4 ADJUSTING A. Adjust fence as required to obtain a smooth installation without unsightly grade and alignment changes not required per the Drawings. END OF SECTION CET Project 10436 Page 02830-4 C 07/31/96 I I I Section 02840 SIGNAGE Part 1 GENERAL 1.1 SECTION INCLUDES A. Furnishing and installing signs of all types required, complete with bases, posts, and fastening hardware. ' 1.2 RELATED SECTIONS A. Provisions for measurement and payment are specified in Section 01025. IB. Concrete is specified in Section 03316. 1.3 UNIT PRICES A. Unit prices for work covered under this section are defined in Section 01025, including incidental items, related work, method of measurement, and partial payment provisions, if any. ' 1.4 REFERENCES IA. Manual of Uniform Traffic Control Devices (MUTCD). B. American Society for Testing and Materials (ASTM). II. B 209, "Specification for Aluminum and Aluminum -Alloy Sheet and Plate". 2. B 221, "Specification for Aluminum and Aluminum -Alloy Extruded bars, Rods, Wire, Shapes, and Tubes". ' C. Arkansas Highway and Transportation Department (AHTD) "Standard Specifications for Highway Construction", 1993 Edition, referencing the following specific sections. 1. Section 723, "General Requirements for Signs". 2. Section 725, "Guide Sign". 3. Section 726, "Standard Sign". ' 4. Section 729, "Channel Post Sign Support". 1.5 SUBMITTALS ' A. Submit shop drawings showing arrangements and spacing of letters, symbols, and borders for each type of sigh; support to be used with each different type of sign; and CEI Project 10436 Page 02840-1 I I I I I7 I I I 07/31/96 proposed method of attaching sings to supports. B. Certified test reports covering sign panels, reflective sheeting, and prismatic reflectors will be required only if Engineer believes signs delivered to the site or installed do not conform to the specified requirements. . 1.6 QUALITY ASSURANCE A. Signage materials shall be manufactured by a manufacturer regularly engaged in producing signage materials complying with the specified standards. B. Installation of signs shall be accomplished with workers experienced in construction of the type of signage specified. Part 2 PRODUCTS 2.1 MATERIALS A. Signs shall meet the requirements of the MUTCD, Standard Highway Signs. B. Colors for signs shall match colors specified in the MUTCD. Color and size of letters, symbols, borders, and background on signs shall be as specified in the MUTCD. C. Signs shall be made of aluminum and shall be reflectorized. D. Standard signs shall be fabricated without stiffeners on the back, of aluminum alloy conforming to ASTM B 209, Alloy 5052 H38, and shall consist of a single sheet of ' aluminum. Sign blank thickness shall be 0.100 inch for signs 5 square feet or less; and 0.125 inch for a sign size greater than 5 square feet. Sign blanks shall be flat and straight and within commercial tolerances established by the aluminum industry. ' E. Fabricate signs from either one piece extruded aluminum panels or extruded and welded panels. One piece extruded aluminum panels shall be fabricated of aluminum ' alloy conforming to ASTM B 221, Alloy 6063 T6. Extruded and welded aluminum panels shall be fabricated of sections of extruded aluminum alloy stiffeners conforming to ASTM B 221, Alloy 6063 T6 welded to flat sheet aluminum alloy conforming to I ASTM B 209, Alloy 3003 H18. Welds shall be spot welds approximately 9 inches apart. IF. One piece extruded aluminum panels shall be a minimum of, 12 inches wide, except one 6 inch panel may be used per sign face when necessary to construct sign as indicated on the Drawings. CEI Project 10436 Page 02840-2 I ' 07/31/96 G. Extruded and welded sign panel sections shall be either 2 feet of 3 feet in width. Exceptions to this are defined in AHTD Section 723.02. ' H. Panels to which reflective sheeting is to be applied shall be degreased, etched, and alodized. Degreasing shall be done by either vapor method or alkaline method. Vapor 'degreasing shall be accomplished by total immersion of sign panels in a saturated vapor of trichloroethylene or perchloroethylene. Alkaline degreasing shall be accomplished by immersion of the sign panels in a tank containing alkaline solutions, ' controlled and titrated to the solution manufacturer's recommendations. Immersion time shall depend upon amount of soil present and the gage of the metal. Trade mark printing shall be removed with lacquer thinner or by a controlled alkaline cleaning system. I. Etching shall be done by the acid method, in accordance with the requirements of AHTD Section 723.02. J. Sign panels shall be treated by alodizing process to uniformly provide a chemically ' formed light and tight amorphous coating that becomes an integral part of the aluminum alloy. This process shall be accomplished in accordance with the recommendation of the manufacturer of the coating. K. Fabrication, including cutting and punching of holes shall be completed prior to degreasing, etching, alodizing, and the application of reflective sheeting. ' L. Panels shall be free of buckles, warp, dents, cockles, burrs, and defects resulting from fabrication. Surface of panels shall be flat. M. Reflective sheeting shall conform to AHTD Section 723.02. ' N. Legend, which includes letters, numerals, symbols, arrows, and border, shall conform to AHTD Section 723.02. O. Post sign supports shall be made of a U -section channel or galvanized steel pipe and support as indicated on the Drawings. Part 3 EXECUTION ' 3.1 EXAMINATION A. Examine sign materials upon receipt at the site. Remove damaged sign materials. CEI Project 10436 Page 02840-3 07/31/96 3.2 ERECTION A. Erect signs at the locations indicated on the Drawings. B. Erect signs plumb and to the indicated vertical and horizontal dimensions and clearances. C. Minimum horizontal clearance to any ground mounted sign shall be as specified in the MUTCD. D. Erect signs so that sign face is vertical and at 93 degrees away from center of the lane which the sign serves and away from the direction of travel. Where lanes divide and on curves, orient sign faces so as to be most effective both day and night, and to avoid possibility of specular reflection. E. Field drill holes in sign support structure only when specified in the Drawings or as directed by Engineer. 3.3 ADJUSTING A. After signs have been installed, Engineer will inspect signs at night. If specular reflection is apparent on any sign, adjust sign position to eliminate this condition. 3.4 CLEANING A. Clean installed signs of any construction dirt or dust. END OF SECTION CEI Project 10436 Page 02840-4 P1 I I El I I I P I Section 02900 LANDSCAPING PART1 GENERAL 1.1 SECTION INCLUDES 07/24/96 A. Furnish and install all materials and perform all landscaping work in accordance with the Specifications, Drawings, and any instructions provided. All work completed and materials furnished and installed shall be of the best quality and shall be in strict accordance with the intention of the Drawings, Specifications and samples. B. In addition to other standard provisions, also provide the following. 1. Maintenance necessary during Establishment Period. 2. Replacement in kind, or with a substitute acceptable to Engineer, of all plant materials not in a healthy growing condition or that has died back to the crown or beyond normal pruning limits. 3. Repair or replace any damage caused by construction; dispose of all rubbish and excess soil. 1.2 RELATED SECTIONS A. Section 02100 - Site Preparation B. Section 02161 - Excavation Safety C. Section 02220 - Excavation and Embankment 1.3 REFERENCES A. American Association of Nurserymen, Inc.: American Standard for Nursery Stock ' 1.4 SUBMITTALS A. If requested, provide samples of landscaping materials to Engineer for approval. B. Submit certification tags from trees, shrubs and seed verifying type and purity. 1.5 QUALITY ASSURANCE A. Plants shall be measured when branches are in their normal position. B. Shrubs shall meet the requirements for spread, height or container size indicated in the Plant List on the Drawings. The measurements are to be taken from the ground level CEI Project 10436 Page 02900-1 P 07/24/96 Ito the average height of the shrub and not to the longest branch. Height and spread dimensions specified refer to the main body of the trees (measured from the crown of the roots to the tip of the top branch) shall be not less than 24 inches or as required ' by city ordinance. C. Caliper measurements shall be taken at a point on the trunk 6 inches above natural ground line for trees up to 4 inches in caliper, and at a point 12 inches above the natural ground line for trees exceeding 4 inches in caliper. ID. If a range of size is given, no plant shall be less than the minimum size, and not less than'50 percent of the plants shall be as large as the upper half of the range specified. I.E. Measurements specified are the minimum size acceptable and, where pruning is required, are the measurements after pruning. ' 1.6 DELIVERY, STORAGE, AND HANDLING A. Notify Engineer at least 48 hours in advance of the anticipated delivery date of any ' plant materials. Furnish a legible copy of the invoice, showing kinds and sizes of materials included for each shipment, to Engineer. ' B. Plants transported to the project in open vehicles shall be covered with tarpaulins or other suitable covers securely fastened to the body of the vehicle to prevent injury to the plants. Closed vehicles shall be adequately ventilated to prevent overheating of the ' plants. I 1.7 GUARANTEE A. The condition of all new plant materials is the responsibility of Contractor and shall be approved by Engineer. B. Until final approval, replace plant materials if necessary at no additional expense of Owner. 1.8 MAINTENANCE OPERATIONS BEFORE APPROVAL A. Plant care shall begin immediately after each plant is satisfactorily installed and shall continue throughout the life of the contract until final acceptance of the project. B. Care shall include, but not be limited to, replacing mulch that has been displaced by erosion or other means, repairing and reshaping water rings or saucers, maintaining ' stakes and guys as originallyinstalled, watering when needed or directed, and performing any other work required to keep the plants in a healthy condition. L CEI Project 10436 Page 02900-2 Remove and replace dead, defective and/or rejected plants as required before final acceptance. Restore grassed areas damaged during the process of the work to a condition satisfactory to Engineer. This may include filling to grade, fertilizing, seeding and mulching. PLANTING MATERIALS 2.1 PLANTS The types and sizes of plants to be furnished are indicated in the Planting List on the Drawings. Plant shall conform with requirements of the American Standard for Nursery Stock adopted by the American Association of Nurserymen, Inc., and with the following additional requirements. Unless specifically noted otherwise, plants shall be of selected specimen quality, exceptionally heavy, symmetrical, tightly knit, so trained or favored in development and appearance as to be superior in form, number of branches, compactness and symmetry. Plants shall have a normal habit or sound, healthy, vigorous plants with well developed root system. Plants shall be free of disease, insect pests, eggs or larvae. Plants shall not be pruned before delivery. Trees with abrasion of the bark, sunscalds, disfiguring knots or fresh cuts of limbs over 1-1/4 inches which have not completely calloused shall be rejected. Plants shall be typical of their species or variety and shall have a normal habit of growth and be legibly tagged with the proper name. Plants shall have been grown under climatic conditions similar to those in the locality of the site of the project under construction or have been acclimated to such condition for at least 2 years. The root system of each shall be well provided with fibrous roots. All parts shall be sound, healthy, vigorous, well -branched and densely foliated when in leaf. Plants designated ball and burlap (B&B) must be moved with the root systems as solid units with balls of earth firmly wrapped with burlap. The diameter and depth of the balls of earth must be sufficient to encompass the fibrous root feeding systems necessary for the healthy development of the plant. No plant shall be accepted when CEI Project 10436 Page 02900-3 C 07/24/96 ' the ball of earth surrounding its roots has been badly cracked or broken preparatory to or during the process of planting. The balls shall remain intact during all operations. Plants that cannot be planted at once must be heeled -in by setting in the ' ground and covering the balls with soil or mulch and then watering. Hemp burlap and twine is preferable to treated. If treated burlap is used, all twine is to be cut from around trunk and all burlap is to be removed. J. The trunk of each tree shall be a single trunk growing from a single unmutilated crown of roots. No part of the trunk shall be conspicuously crooked as compared with normal trees of the same variety. K. Thickness of each shrub shall correspond to the trade classification "No.1". Single ' stemmed of thin plants will not be accepted. The side branches must be generous, well -twigged, and the plant as a whole well -branched to the ground. The plants must be in moist condition, free from dead wood, bruises or other root or branch injuries. 2.2LOAM OR TOPSOIL ' A. Place topsoil in areas indicated on the drawings or as specified herein. B. Exterior ground within the limits of construction, except surfaces occupied by buildings and structures, paving, and except areas indicated to be undisturbed, shall be topsoiled. ' C. Place no topsoil until subgrade has been approved. Before placing topsoil, rake subsoil surface clear of stones, debris, and roots. Compact topsoil to form a layer ' with minimum depth of 4 inches in lawn areas and 12 inches in shrub beds. Topsoil shall be placed so that after final settlement there will be good drainage and conforming to elevations indicated on the Drawings. Maintain surfaces and place any ' additional topsoil necessary to replace that eroded before acceptance. D. Disk, drag, harrow or hand rake subgrade to a depth of 3 inches to provide bond for topsoil. Topsoil which must be transported across finished walks shall be delivered in such a manner that no damage will be done to the walks. Repair of such damage. ' E. Topsoil: natural, friable, fertile, fine loamy soil possessing the characteristics of representative topsoils in the vicinity which produces a heavy growth; free from subsoil, objectionable weeds, litter, sods, stiff clay, stones larger than 1 inch in ' diameter, stumps, roots, trash, toxic substances, or any other material which may be harmful to plant growth or hinder planting operations. Verify amount stockpiled and supply any additional as needed. ' 2.3 FERTILIZER I CEI Project 10436 Page 02900-4 I I I I I I I I I I E [1 I I I C 07/24/96 A. Fertilizer shall be delivered to the site, mixed as specified, in the original unopened standard size bags showing weight, analysis and name of manufacturer. Containers shall bear the manufacturer's guaranteed statement of analysis or a manufacturer's certificate of compliance covering analysis shall be furnished to Engineer. Store fertilizer in a weatherproof place and in such a manner that it shall be kept dry and its effectiveness shall not be impaired. B. Percentages of nitrogen, phosphorus and potash shall be based on laboratory test recommendations as approved by Engineer. For the purpose of bidding, assume 10 percent nitrogen, 6 percent phosphorus and 4 percent potash by weight. At least 50 percent of the total nitrogen shall contain no less than 3 percent water -insoluble nitrogen. At least 60 percent of the nitrogen content shall be derived from super -phosphate containing not less than 18 percent phosphoric acid or bone meal containing 25 to 30 percent phosphoric acid and 2 to 3 percent nitrogen. Potash shall be derived from muriate of potash containing 55 to 60 percent potash. 2.4 PEAT MOSS A. Peat moss shall be Michigan peat moss or approved equal in color and consistency, to be used for planting soil mixture only. B. Peat moss shall be a moss peat, finely shredded to pass a 'h inch mesh and shall be no less than 90 percent organic material by weight, with an ash content by ignition of no more than 10 percent. C. Material shall contain between 35 and 66 percent moisture by weight, but shall: have a water -holding capacity of 150 to 200 percent. D. Material shall have a pH value between 4 and 5. E. Material may be supplied in bales or in bulk. If furnished in bulk, the material and its source must be acceptable to Engineer. F. Peat moss shall not be used as mulch, except on ground cover. 2.5 SHREDDED HARDWOOD BARK MULCH Shredded hardwood bark mulch or approved equal shall be used as a 4 inch top dressing in plant beds and around trees planted in this project. Single trees or shrubs shall be mulched to the outside edge of the saucer. Mulch shall be of sufficient character as not to be easily displaced by wind or water runoff. 2.6 STAKING MATERIAL CE! Project 10436 Page 02900-5 I 7 Li I I 07/24/96 A. Stakes shall be 2" x 3" x 8' pressure treated wood. Three stakes per tree. B. Wire tree staking shall be pliable No. 12 galvanized soft steel wire. C. Hose shall be two-ply fiber -bearing rubber garden hose, not less than 1h inch inside diameter, black or green, and of suitable length. 2.7 WATER /xe 2.8 LAWN SEED I. Lawn seed mixture shall be fresh, clean new crop seed. Furnish to Engineer the supplier's guaranteed statement of the composition of the mixture and the percentage of purity and germination of each variety. Seed mixture shall be as indicated on the Drawings. 2.9 WEED MAT ' Weed mat shall be "Dewitt Weed Barrier" or equal. Weed mat shall be placed under all planting areas not to be seeded, or as indicated on the Drawings. The mat shall be covered with mulch and secured in place by soil anchors. 2.10 EROSION CONTROL BLANKET/FABRIC NETTING ' A. Furnish and install where indicated on drawings "Curlex" blankets: by American Excelsior Company; "Polyjute" Style 465 GT: by Synthetic Industries or equal. ' B. The area to be covered shall be properly prepared, fertilized, and seeded before blanket is applied. When blanket is unrolled, the netting shall be on top and the fibers ' in contact with the soil over the entire area. In ditches the blanket shall be applied in the direction of the flow of water, butted snugly at ends and side and stapled. On slopes, the blankets shall be applied either horizontally or vertically to the slope. Ends and sides shall be butted snugly and stapled. Staple to manufacturer's recommendations. ' Part 3 PLANTING PROCEDURES ' 3.1 WEATHER CONDITIONS Work must be carried out only during weather conditions favorable to landscape construction and to the health and welfare of plants. 3.2 PROTECTION OF EXISTING PLANTS CEI Project 10436 Page 02900-6 ' 07/24/96 IA. Before commencing work, trees and shrubs which are to be saved must be protected from damage by the placement of fencing flagged for visibility or some other suitable protective procedure approved by Engineer. No work may begin until this requirement ' is fulfilled. B. In order to avoid damage to roots, bark or lower branches, no truck or other ' equipment shall be driven or parked within the drip line of any tree, unless the tree overspreads a paved way. C. Useprecautionary measures when performing work around trees, walks, pavements, utilities. ID. Adjust depth of earthwork and loaming when working immediately adjacent to any of the aforementioned features in order to prevent disturbing tree roots, undermining walks and pavements, and damage in general to any existing or newly incorporated ' item. E. Evidence of inadequate protection following digging, carelessness while in transit, or ' improper handling or storage shall be cause for rejection. All plants shall be kept moist, fresh, and protected. Such protection shall encompass the entire period during which the plants are in transit, being handled, or are in temporary storage. F. Where excavating, fill, or grading is required within the branch spread of trees that ' are to remain, the work shall be performed as follows. 1. Trenching: When trenching occurs around trees to remain; the tree roots shall not be cut but the trench shall be tunneled under or aroundihe roots by careful hand digging and without injury to the roots. - 2. Raising Grades: When the existing grade at tree is below the new finished grade, and fill not exceeding 16 inches is required, clean, washed gravel ' graded from 1 to 2 inches in size shall be placed directly around the tree trunk. The gravel shall extend out from trunk on all sides a minimum of 18 inches and finish approximately 2 inches above the finished grade at tree. Install gravel before any earth fill is placed. New earth fill shall not be left in contact with the trunks of any trees requiring fill. Where fill exceeding 16 inches is required, a dry laid tree well shall be constructed around the trunk of the tree. The tree well shall extend out from the trunk on all sides a minimum of 3 feet and to 3 inches above finish grade. Coarse grade rock shall be placed directly around the tree well extending out to the drip line of the tree. Clean, washed graved graded from 1 to 2 inches in size shall be placed directly over the coarse rock to a depth of 3 inches. Approved backfill material shall be placed directly over the washed gravel to desired finished grade.. I. 3. Lowering Grades: Existing trees in areas where the new finished grade is to be lowered shall have regrading work done by hand to elevation as indicated. Roots as required shall be cut cleanly 3 inches below finished grade and scars CEI Project 10436 Page 02900-7 I I I I I I I1 I I I 07/24/96 covered with tree paint. 4. Trees marked for preservation that are located more than 6 inches above proposed grades shall stand on broad rounded mounds and be graded smoothly into the lower level. Trees located more than 16 inches above proposed grades shall have a dry laid stone wall, or other retaining structure as detailed on the plans, constructed a minimum of 5 feet from the trunk. Exposed, or broken roots shall be cut clean and covered with topsoil. 3.3 PLANTING COORDINATION A. Inform Engineer of the date when the planting shall commence and of the anticipated delivery date of the material. B. Failure to notify Engineer in advance of order to arrange proper scheduling may result in loss of time or rejection of a plant or plants not installed as specified or directed. 3.4 DIGGING AND HANDLING A. Bare rooted shrubs shall be dug with adequate fibrous roots. Roots of these plants shall be covered with a uniformly thick coating of mud by being puddled immediately after they are dug, or packed in moist straw, or moss. B. Balled and burlapped plants shall be dug with firm natural balls of earth of sufficient diameter and depth to include most of the fibrous roots. C. Roots or balls of all plants shall be adequately protected at all times from the sun and from drying winds. D. All balled and burlapped plants which cannot be planted immediately upon delivery shall be set on the ground and shall be well protected with soil, wet moss or other acceptable material. Bare rooted plants which cannot be planted immediately shall be heeled -in upon delivery. All shall be kept moist. E. Bundles of plants shall be opened and the plants separated before the roots are covered. Care shall be taken to prevent air pockets among the roots. During planting operations, bare roots shall be covered with canvas, hay or other suitable material. No plant shall be bound with wire or rope at any time so as to damage the bark or break the branches. 3.5 FERTILIZING A. Grass or sodded areas shall have fertilizer applied in two applications with a thorough watering immediately following application. The first application shall be one week before the seeding at the rate of 35 pounds per 1,000 square feet harrowed into the CEI Project 10436 Page 02900-8 i 07/24/96 ' top 2 inches of seed bed. The second application shall be done at the rate of 25 pounds per 1,000 square feet, immediately following the second mowing. ' 3.6 TREES AND SHRUB PLANTING OPERATIONS A. Planting operations shall be performed at a steady rate of work unless weather ' conditions make it impossible to work. No plant material shall be planted in frozen ground. B. Provide sufficient tools and equipment required to carry out the planting operation. C. Plants too large for two men to lift in and out of holes shall be placed with a sling. Do not rock trees in holes to raise. D. Soil mix for plant holes is specified in Paragraph 2.2. 1 E. If rock or other underground obstruction is encountered, Engineer may require plant pits to be relocated, the pits enlarged or the plants deleted from the Work. ' F. Locations containing unsuitable subsoil shall be treated in one of the following manners. 1. Where unsuitability within the construction site is deemed by Engineer to be due to excessive compaction caused by heavy equipment or by the presence of boards, mortar, concrete or other construction materials in sub -grade, and 'where the natural subsoil is other than AASHTO classification of A6 or 7, loosen such areas with spikes, dicing, or other means to loosen the soil to a condition suitable for planting. Remove all debris and objectional material. Soil should be loosened to a minimal depth of 12 inches with additional loosening as required to obtain adequate drainage. Introduce peat moss, sand, ' or organic matter into the subsoil to obtain adequate drainage if desired. Such remedial measures shall be considered as incidental to the work and no extra payment shall be made for this part of the work. 2. Where sub -grade is deemed by Engineer to be unsuitable because the natural subsoil falls into an AASHTO classification of A6 or 7 and contains moisture in excess of 30 percent, then such a condition shall be rendered suitable by ' installation of a sub -drainage system or by other means described elsewhere in these specifications. Where such conditions have not been known or revealed prior to planting time and where they have not been recognized in the preparation of Contract Document, then Engineer shall issue a change order to install the proper remedial measures. I. G. Adjustments in locations and outlines shall be made as directed. In the event that pits or areas for planting are prepared and backfilled with topsoil to grade prior to commencement of lawn operations, they shall be so marked that when the work of CEI Project 10436 Page 02900-9 planting proceeds, they can be readily located. In case underground obstructions such as ledges or utilities are encountered, location shall be changed under the direction of Engineer without charge. Holes for trees shall be at least 2 feet greater in diameter than the spread of the root system and at least 6 inches deeper than the root ball. Holes for shrubs and vines shall be at least 12 inches greater in diameter than the spread of the root system and at least 2 feet deep. To the topsoil in the backfilling of tree holes and shrub beds, there shall be added as the progress of the work permits, manure as herein specified, ground limestone if soil tests indicate it is needed, and commercial fertilizer at the rate of 3 pounds for tree up to 3 inches in caliper, 1 pound per 1 inch in caliper for larger trees, 6 ounces for small shrubs and 8 ounces for each shrub 4 feet or greater. Ground limestone and manure shall be omitted in the case of acid soil plants. The manure, limestone and fertilizer shall be thoroughly mixed with the topsoil in the planting operation, care being taken that the manure does not come in immediate contact with the roots. Plants shall be planted in the center of the holes and at the same depth as they previously grew. Loam shall be backfilled in layers of not more than 8 inches and each layer watered sufficiently to settle before the next layer is put in place. Loam shall be tamped under edges of balled plants. Enough topsoil shall be used to bring the surfaces to finish grade when settled. 1. A saucer shall be provided around each plant as shown on the Drawings. 2. Plants shall be soaked with water twice within the first 24 hours of time of planting. Water shall be applied with low pressure so as to soak in thoroughly without dislodging the topsoil. 3. Approved weed mat shall be placed under all areas to be covered with mulch. Secure weed mat in place with a soil anchor, then cover with mulch. 4. A 3 inch layer (after settlement) of mulch or approved equal shall be applied directly on top of weed mat to the entire area of each saucer or planting bed. 3.7 PLANT BED EXCAVATIONS Excavate tree pits and plant beds to the depth indicated on the Drawings. 3.8 MAINTENANCE DURING CONSTRUCTION Maintenance shall begin immediately after planting. Plants shall be watered, mulched, weeded, pruned, sprayed, fertilized, cultivated, and otherwise maintained and protected until provisional acceptance. Settled plants shall be reset to proper grade and position, planting saucer restored and dead material removed. Stakes and wires shall be tightened and repaired. Defective work shall be corrected as soon as possible after it becomes apparent and weather and season permit. CEI Project 10436 Page 02900-10 LI ' 07/24/96 ' B. If a substantial number of plants are sickly or dead at the time of inspection, acceptance shall not be granted. Maintenance of plants shall then be extended until replacements are made. ' C. Replacements shall be plants of the same kind and size indicated on the Plant List on the Drawings. They shall be furnished and planted as specified above at no additional 'cost to Owner. Replacements .resulting from removal, loss, or damage due to occupancy of the project in any part, vandalism, physical damage by animals, vehicles, etc., and losses due to curtailment of water by local authorities shall be approved and paid for by Owner. D. Plants shall be guaranteed for aperiod of one year after inspection and provisional acceptance. E. At the end of the Establishment Period, inspection shall be made again. Any plant required under this contract that is dead or unsatisfactory to Owner shall be removed from the site. These shall be replaced during the normal planting season. ' 3.9 SEEDING A. All exterior ground within the limit of contract, except surfaces occupied by buildings and structures and paving, except areas indicated to be undisturbed, shall be seeded or planted as indicated on the Drawings. ' B. Furnish topsoil, finish grading, prepare seed bed, seed and maintain areas as indicated on the Drawings. Special attention must be given to those areas of slope greater than 3:1. Notify Engineer if extreme slopes present difficulty in bed preparation, top soil placement or materials prescribed. IC. Seed Bed Preparation - Grade areas to finish grades, filling as needed or removing surplus dirt and floating areas to a smooth, uniform grade as indicated on grading plans. All lawn areas shall slope to drain. Where no grades are shown, areas shall ' have a smooth and continual grade between existing or fixed controls (such as walks, curbs, catch basin, elevational steps or building) and elevations shown on the Drawing. Roll, scarify, rake and level as necessary to obtain true, even lawn surfaces. ' Finish grades shall meet approval of Engineer before grass seed is sown. Loosen soil to a depth of 6 inches in lawn areas by approved method of scarification and grade to remove ridges and depressions. Remove stones or foreign matter over 2 inches in t diameter from the top 2 inches of soil. Float lawn areas to approximately finish grades. ID. Seed beds should be permitted to settle or should be firmed by rolling before seedings are made. CE! Project 10436 Page 02900-11 07/24/96 E. Seeding shall not be performed in windy weather. F. Seeding shall be done in two directions at right angles to each other. G. Lawn areas shall be seeded by sowing evenly with an approved mechanical seeder at the rate of a minimum of 5 pounds per 1,000 square feet. Culti-packer or approved 'similar equipment may be used to cover the seed and to form the seed bed in one operation. In areas inaccessible to culti-packer, the seeded ground shall be lightly raked with flexible rakes and rolled with a water ballast roller. After rolling, seeded ' areas are to be lightly mulched with wheat straw. H. If the project completion date prohibits in -season planting, prepare for out -of -season seeding or sodding so that lawns shall be completed and ready for acceptance at time of project completion, without additional cost to Owner. Lawn maintenance shall be the same as for other planting. ' I. Maintain lawns for at least 30 days after sodding and 60 days after seeding, or as long as is necessary to establish a uniform stand of the specified grasses, or until substantial completion of the project or until acceptance of lawns, whichever is later. J. In the event that lawn operations are completed too late in the Fall for adequate germination and growth, maintenance shall continue into the following growing season or until a uniform stand of the specified grasses has been established. K. Water seeded areas twice the first week to a minimum depth of 6 inches with a fine spray and once per week thereafter as necessary to supplement natural rain to the ' equivalent of 1 inch or to a 6 inch depth. L. The surface layer of soil for seeded areas must be kept moist during the germination ' period. After first cutting, water as specified above. M. Make weekly inspections to determine the moisture content of the soil and adjust the ' watering schedule established by the irrigation system installer to fit conditions. N. After grass growth has started, all areas or parts of areas which fail to show a uniform ' stand of grass for any reason whatsoever shall be reseeded in accordance with the Drawings and as specified herein. Such areas and parts of areas shall be reseeded repeatedly until all areas are covered with a satisfactory growth of grass at no additional cost to Owner. O. Watering shall be done in such a manner and as frequently as is necessary to assure continued growth of healthy grass. Water in such a way as to prevent erosion due to excessive quantities applied over small areas and to avoid damage to the finished surface due to the watering equipment. CEI Project 10436 Page 02900-12 I 1 07/24/96 ' P. Water for the execution and maintenance of this work shall be provided by the Contractor. ' Q. Mowing of the seeded areas shall be initiated when the grass has attained a height of 1½ to 2 inches. Grass height shall be maintained between 1 and 1'h inches at subsequent cuttings depending on the time of year. Not more than 1/3 of the grass ' leaf shall be removed at any cutting and cutting shall not occur closer than 10 days apart. I I r R. When the amount of grass is heavy, it shall be removed to prevent destruction of the underlying turf. If weeds or other undesirable vegetation threaten to smother the planted species, such vegetation shall be mowed or, in the case of rank growths, shall be uprooted, raked and removed from the area. S. Protect seeded area against trespassing while the grass is germinating. Furnish and install fences, signs, barriers or any other necessary temporary protective devices. Damage resulting from trespass, erosion, washout, settlement or other causes shall be repaired at no expense to Owner. T. Remove fences, signs, barriers or other temporary protective devices after final acceptance. END OF SECTION Li I I 1 1 CEI Project 10436 Page 02900-13 I I I I Part 1 - GENERAL 1.1 SCOPE Section 03316 MISCELLANEOUS CONCRETE WORK 08/21/96 ' 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. I1.3 REFERENCES A. ASTM Standards I1. 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" 8. 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. CEI Project 10436 Page 03316-1 I I 08/21/96 A. Manufacturer's data for reinforcing steel. B. Manufacturer's data for admixtures and curing compound. C. Mix design for concrete. ID. Reinforcing placement drawings. I 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. Ready mix plant shall have a current AHTD approval. B. Concrete work, including formwork and reinforcing steel placement, shall be accomplished by workers experience in the type of work being performed. Li 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 1-1/4 inches. The designated range of coarse ' aggregate shall be 1-1/4 inch to No. 4 sieve. Fine aggregates shall consist of clean, sound, sand conforming to ASTM C 33, and graded as follows. I Sieve Percent Passing 3/8" 100 #4 95-100 '• #8 70-95 #16 45-85 #30 20-60 #50 5-30 #100 0-5 ' 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. CEI Project 10436 Page 03316-2 I I J I I I I I I IL H I I H C 08/21/96 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 Welded wire fabric 2.5 CURING COMPOUND ASTM A 615, Grade 60 ASTM A 185, Grade 65 Sonneborn liquid Kure -N Seal, or equal 2.6 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. Minimum Sacks of Cement (per Cubic Yard) Max Water (gallons per sack) Slump (inches) Air Entrainment (percent) Class "A" Concrete Class "B" Concrete m 2 - 4 (w/ vibration) 4 - 6 (w/o vibration) 1 - 2 (for construction with extrusion machine) 6 Water -cement ratio shall not exceed 0.49. E 6 2 - 4 (w/ vibration) 4 - 6 (w/o vibration) 1 - 2 (for construction with extrusion machine) 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. C. 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 ' CEI Project 10436 Page 03316-3 I ' 08/21/96 psi. If made with high early strength cement, those strengths shall be attained at the end of 7 days. 2.7 JOINT COMPOUNDS A. Expansion joints: asphalt impregnated fiberboard, meeting requirements of AASHTO M 213. B. Contraction (i.e. saw cut) joints: one part silicone formulation that does not require ' a primer for bond to concrete. Compound shall be compatible with concrete. Acetic acid cure sealants are not acceptable. Provide product of a manufacturer listed on the AHTDapproved materials provider list. 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. 3.2 READY -MIX CONCRETE ' 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. I CEI Project 10436 Page 03316-4 I I I I I I I I H I I I I I HI 08/21/96 3.4 FINISHING A. Provide formed concrete surfaces to be left exposed with smooth rubbed finish. Sidewalk, drive, and street repairs shall be 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. Apply a uniform coat of liquid curing and sealing compound in accordance with manufacturer's instructions. 3.6 CURB AND GUTTERS A. Shape subgrade to required depth below finished surface, and compact to a firm, even surface. Remove soft and yielding areas and replace with suitable material and compact. Proof roll as specified in section 02220. Spread base course material as indicated on the Drawings. B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms before concrete is placed. Face forms or templates matching the shape of the planned curb are required when an extrusion machine is not used. C. Curb and gutters shall be poured as a monolithic structure, according to the lines and grades and details indicated on the Drawings. A combination of extrusion machine and hand pouring shall be used as best suits the Work. Extrusion machine shall be the type that can be adjusted to provide the types and dimensions of curbs indicated on the Drawings. D. Vibrate and spade until mortar entirely covers the surface. Finish smooth and even by means of a wooden float. Round edges as indicated on the Drawings while concrete is still plastic. Remove face forms as soon as practicable. Finish face by rubbing with a wood float until it is smooth, then brush finish with a broom. ' CEI Project 10436 Page 03316-5 I I G I I 08/21/96 Plastering will not be permitted. Fill minor defects with cement mortar applied with a wood float. E. Install expansion joints in curb and gutters at stationary structures and at ends of curb returns. Expansion joints shall be 1/2 inch thick and shall be filled with joint filler shaped to the cross section of the curb and constructed at right angles with the curb line. F. Saw cut contraction joints every 15 feet, to be 1/8 to 3/8 inch by 1-1/2 inches. Saw cut at right angles to curb line. Fill with joint seal. G. Cure as described elsewhere in this section. ' H. Maximum variation from indicated grades shall be 3/8 inch in 10 feet. Li I I I I C. Construct concrete sidewalks according to the lines, grades, and details indicated Ion the Drawings. As far as practical, sidewalks shall be continuously poured. Consolidate concrete material to prevent honeycombing. Strike off top with a straightedge and tamp or vibrate sufficiently to bring mortar to surface. D. Sidewalks shall have a non -slip brush finish. 3.7 SIDEWALKS A. Excavate or fill subgrade to the required grade. Remove soft and yielding material and replace with suitable material and compact entire subgrade. Proof roll as specified in section 02220. B. Construct forms of metal or wood, free from warp, and of sufficient strength to resist springing during concrete pouring. Stake and brace and hold firmly to required lines and grades. Clean and oil forms before concrete is placed. Face forms or templates matching the shape of the planned curb are required when an extrusion machine is not used. ' E. Provide tool joints, saw joints, and expansion joints where indicated on the Drawings. Expansion joints shall be at least 1/2 inch wide, spaced as indicated on the Drawings and between sidewalk and all stationary structures. Fill with joint filler. 3.8 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. CEI Project 10436 Page 03316-6 C ' 08/21/96 I 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. F. Test the specimens in accordance with ANSI/ASTM C 39. Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at 7 days 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 I. Should the test cylinders fail to demonstrate compliance with the specifications, reconstruct the concrete structure at no additional cost to Owner. Contractor shall then be responsible for the expenses involved in re -testing the concrete. ' J. 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 indicated in Section 01400. Engineer shall furnish Owner with copies of concrete ' testing required by Engineer during the course of the Work. 3.9 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 C I I CEI Project 10436 Page 03316-7 08/21/96 3.10 SCHEDULE Cast -in -place concrete class is generally indicated on the Drawings for each type of usage. The following schedule will govern where no concrete class is indicated on the Drawings. Class A Class B Curb and Gutter Sidewalks Drainage Structures Ditch concrete paving Guard rail post holes Signage post holes Flared end section wall END OF SECTION x x x CEI Project 10436 Page 03316-8 t. • •. • 1. ♦. - .♦ . VI . ♦ - Y \ .\ + h f •• .. 1 ♦ : :. • :•- HH. •:Y J I V ♦ • r - . y > ♦. - • - CEI EngIneering AesocIetes; Inc' ` .. a " - t r .G . i . 4 AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the Favetteville Ci STAFF REVIEW FORM 's s Pes Gtinrj / 7-a o12 9 J NtcPssery soh Wayne Ledbetter vLr Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Orders 1,& 2 to the Contract for construction of Joyce Boulevard Extension West with F.H. Necessary and Son in the amount of $ 55,206.70. TO S 55,206.70 Cost of this Request 4470-9470-5809-00 Account Number 94034-0010 Project Number $ 669.946.00 Category/Project Budget $ 539,516.00 Funds Used To Date $_130,430.00 Remaining Balance Joyce Blvd. Category/Project Name Street Improvements Program Name Sales Tax Fund BUDGET REVIEW: xxxx Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Date DA Coordinator Date .. 7-23-s 77 Date Vernal Auditor `j(p1 Date -1-a4-1 Purchasing Officer Date _._ STAFF RECOMMENDATION: Staff recommends that the Mayor approve the Change Ordets,with F.H. Necessary for the Joyce Blvd. construction. /Date/ Cross Reference New Item: xes Department Director ate 72S 97 Prey Ord/R� es # : Adminis tive S is s Director Date �� 71'/97 Orig Contract Date: Mayor ,944, Date FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Fred Hanna Thru: Kevin Crosson, Public Works Director 1k Charles Venable, Assistant Public Works Director Don Bunn, City Engineer ,i2 From: Wayne Ledbetter, Engineering Date: July 22, 1997 RE: Joyce Blvd Extension This project involves the extension of Joyce Boulevard from the west side of the Spring Park Subdivision to Wilkerson Street in Johnson. The street is being constructed with 5 lanes through the NANCHAR property (eastern portion) and part 4 lane divided boulevard, part 4 lane undivided on the western portion of the project. The pavement section will be asphalt with concrete curb and gutter and pedestrian sidewalk. Additional improvements include drainage construction and landscaping. During this construction we have encountered situations that require changing from the original Plans. These changes are as follows: Change Order No. 1 modified the drainage on the eastern portion of the project by deleting some pipe and the outfall structure and modifiying the existitng structures. This change order had a net decrease of $ 11,223.40. Change Order No.2 dealt with adding the extra lanes on the western portion of the project. The original bid planned for all four lanes with grading and drainage. However, it did not include curb and gutter nor pavement. Related changes include changing pavement markings, revising signage, and other miscellaneous items of concern. This change order had a net increase of $ 66,430.10. The remaining budget in 1997 for the construction contract with F. H. Necessary and Son is $ 669,946.00.. The original bid was $ 666,946.60 with a contingency of $ 133,053.40. 3. Staff Recommendation. The Staff recommends that the Mayor approve the Change Orders to the construction contract with F. H. Necessary and Son for the construction of Joyce Boulevard Extension West. This amount is $ 55,206.70. JOYCE BOULEVARD EXTENSION PROJECT Change Order Number 1 Eastside Drainage System Changes G�ECEOMED JUL 224997 Description Eliminate the twin 36 -inch RCP pipes discharging at the east side of the project, in favor of a 36 -inch pipe to the existing inlet at Sta 27+00, modify the existing inlet, and a 36 -inch RCP discharge pipe. Additional items affected by this change were the lowering of the utility sleeve in this area, elimination of one drop inlet, and eliminating the ditch paving at the outfall. This Change Order does not involve a change in the Contract Times. Contract Price Changes Item Item Change to New Est. Unit New Total Price No. Description Unit Ouantity QuantityPrice Price Change 16 36 -inch RCP LF +28 548 $49.60 $27,180.80 +$1388.80 17 42 -inch RCp LF -108 62 $62.15 $3,853.30 -$6,712.20 24 Structure & Ditch SY -160 0 $55.00 $0.00 -$8,800.00 Paving 26 Drop Inlets EA -1 14 $2,400.00 $33,600.00 -$2,400.00 29 Utility Sleeves LS _ 1 0.00 -$29,628.00 (original) 29 Utility Sleeves LS tl f31,Z18.00 $31,278.00 +$31,278.00 (new) 42 Modify Exis. DI EA +I 1 $2,000.00 $2,000.00 +$2,000.00 42a Modify Exis. EA +1 1 $1,650.00 $1,650.00 +$1,650.00 Headwall Net Change Order Amount -$11,223.40 s' r .: CHANGE ORDER No.___1 PROJECT 7n=no Rnnlovarrl Vvtensinn PROJECT NO. DATE OF ISSUANCE EFFECTIVE DATE OWNER City of Fayetteville OWNER'S Contract No. 96-14 CONTRACTOR. F.H. Necessary & Son ENGINEER CEI Engineering Associates, Inc. You are directed to make the following changes in the Contract Documents. Description: Revise Eastside Drainage Reason for Change Order: See attached Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Original Contract Price $ 666 , 946.60 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: Ready for final payment: days or dun Net changes from previous Change Orders No._to No. _ Net change from previous Change Orders No._ta No. _ thy, Contract Price prior to this Change Order • $ 666,q46.60 Contract Times prior to this Change Order Substantial Completion: Ready for final payment: days or data Net Increase(decrease) of this Change Order $_(11,223.40) Net Increase (decrease) of this Change Order days Contract Price with all approved Change Orders $_655,723.20 Contract times with all approved Change Orders Substantial Completion: Ready for final payment: day, or thin RECOMMENDED: /� APPROVED ACCEPTED: By: D o fY . —4— By: j r ` t ' ci`_ �— Engines (Authorized Sigrrnun) T _ /�"on uJwua�.j�E Comrana ( iborissd signature) Date:A//a/97 Date: % /.28/4 % Date: l4 - /6 - 97 • ECEUVED JUN 1 81997 JOYCE BOULEVARD EXTENSION PROJECT Change Order Number 2 Additional Lanes Description U≥iEC -OMCDD ++++ 22 1997 ------------- Add additional lanes of paving to the Joyce Boulevard Extension project. No extra grading is required for this. Related changes include: eliminate painted pavement markings and instead install thermoplastic markings; revise signage; eliminate temporary drainage pipes at west end of project and install permanent pipes instead; eliminate guard rail. This Change Order also includes changing the sidewalk on the east side of the project to 5 foot wide instead of 4 foot wide. This Change Order does not involve a change in the Contract Times. Contract Price Changes Item Item Change to New Est. Unit New Total Price No. Description Unit quantity OuantityPrice Price Change 7 Aggregate Base Course TN +991 7031 $13.50 $94,918.50 +13,378.50 8 Prime Coat SY +1940 16710 $0.38 $,6349.80 +$737.20 9 Tack Coat SY +2391 15861 0.20 $3,172.20 +$478.20 10 ACHM Binder Course SY +2391 15861 $7.65 $121,336.65 +$18,291.15 11 ACHM Surface Course SY +1940 16,710 $4.05 $67,675.50 +$7,857.00 12 Pavement Markings LS 0.00 -$4,375.00 (original) 12 Pavement Markings LS $7,750.00 +$7,750.00 (new) 16 36 -inch RCP LF +8 556 $49.60 $27,577.60 +$396.80 22 36 -inch FES EA -1 0 $780.00 $0.00 -$780.00 30 Guard Rail LF -140 0 $38.50 $0.00 -$5,390.00 32 Seeding & Mulching AC -0.5 4.0 $1250.00 $5,000.00 -$625.00 35 Curb & Gutter LF +1757 6707 $6.25 $41,918.75 +$10,981.25 36 Sidewalk SY +810 2,660 $22.50 $59,850.00 +18,225.00 37 Signage (original) LS 0.00 -$2,180.00 37 Signage (new) LS $2,435.00 +$2,435.00 38 Road Closed Barricade EA -1 0 $1,000.00 $0.00 -$1,000.00 44 36 -inch Transition EA +I 1 $250.00 $250.00 +$250.00 TOTAL +$66,430.10 CHANGE ORDER No. 2 PROJECT Joyce Boulevard Extensicr PROJECT NO. DATE OF ISSUANCE EFFECTIVE DATE OWNER City cf Fayetteville OWNER'S Contract No.__________________46-14 CONTRACTOR. F.H. Necessary & Son ENGINEER CEI &iciineerina Associates. Inc. You are directed to make the following changes in the Contract Documents. Description: Add additional lanes to project Reason for Change Order: Owner request Attachments: (List documents supporting change) Unit price item changes CHANGE IN CONTRACT PRICE: Original Contract Price $ 666.946-60 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: Ready for final payment: day, or dates Net changes from previous Change Orders No._to No. = $ (11,223.40) Net change from previous Change Orders No. to No. day, Contract Price prior to this Change Order $ 655 a 79 -A _ 9r1 Contract Times prior to this Change Order Substantial Completion: Ready for final payment: days or dates Net Increase(decrease) of this Change Order $ 66,430.10 Net Increase (decrease) of this Change Order day, Contract Price with all approved Change Orders $ 722,153.30 Contract times with all approved Change Orders Substantial Completion: Ready for final payment: day, or date, RECOMMENDED: /APPRO ACCEPTED: By: ! a4 1 . By: By: c Eaginm (Authorial Signature) / o,/!2,c4 (AUa Si utv Comncior 1 ' rd signnre) Date: 7J2Z/97 Date: _712 712c9/el7 Date: 08/19/96 14.13 of the General Conditions within 180 calendar days after the date when the Contract Time commences to run. F 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 Payment Items 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. PAYMENT ITEMS NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 1 Clearing and Grubbing Trees EA 4 500.00 2,000.00 2 Demolition LS 1 1,000.00 1,000.00 3 Common Excavation CY 27,500 3.64 100,100.00 00500-2 CEI Project 10436 08/19/96 NO. ITEM UNIT ESTIMATED UNIT TOTAL QUANTITY PRICE ESTIMATED 4 Rock Excavation CY 700 12.50 8,750.00 $ Compacted Embankment CY 22,100 0.50 11,050.00 6 Remove Excess Material Cy 1,500 1.00 1,500.00 7 Aggregate Base Course TN 6,040 13.50 81,540.00 8 Prime Coat SY 14,770 0.38 5,612.60 9 Tack Coat SY 13,470 0.20 2,694.00 10 ACHM Binder Course Sy 13,470 7.65 103,045.50 11 ACHM Surface Course SY . 14,770 4.05 59,818.50 1 4,375.00 I 4,375.00 12 Pavement Markings 13 18 -inch Reinforced Concrete LF 1,130 22.25 25,142.50 Pipe 280 27.80 7,784.00 14 24 -inch Reinforced Concrete LF Pipe 15 30 -inch Reinforced Concrete LF 320 36.00 11,520.00 Pipe 16 36 -inch Reinforced Concrete LF 520 49.60 25,792.00 Pipe .170 62.15 10,565.50 17 42 -inch Reinforced Concrete LF Pipe 18 12 -inch Corrugated Metal LF 27 12.00 324.00 Pipe 2 250.00 500.00 19 118 -inch Flared End Section EA 20 24 inch Flared End Section EA 2 340.00 680.00 EA 2 400.00 800 00 21 30 inch Flared End Section 1 780.00 780 00 22 36 inEA ch Flared End section 23 42 inch Flared End Section EA 1 960.00 960.00 00500-3 CEI Project 10436 08/19/96 NO. ITEM UNIT ESTIMATED QUANTITY UNIT PRICE TOTAL ESTIMATED 24 Head Wall Structure and Ditch Concrete Paving SY 160 55.00 8,800.00 25 Rip Rap CY 120 40.00 4,800.00 26 Drop Inlets EA 15 2,400.00 36,000.00 27 Drop Inlet Adjusted to Grade EA 1 500.00 500.00 28 Curb Inlet Extension LF 76 80.00 6,080.00 29 Sleeves for Future Utility Crossings LS 1 29,628.00 29,628.00 30 Guard Rail LF 140 38.50 5,390.00 31 Trype D Wire Fence LF 2850 3.35 9,547.50 32 Seeding and Mulching AC 4.5 1,250.00 5,625.00 33 Erosion Control Straw Bales EA 500 4.00 2,000.00 34 Erosion Control Silt Fence LF 1,800 3.00 5,400.00 35 Concrete Curb & Gutter LF 4,950 6.25 30,937.50 36 Concrete Sidewalk SY 1,850 22.50 41,625.00 37 Signage LS 1 2,180.00 2,180.00 38 Road Closed Barricade EA 1 1,000.00 1,000.00 39 Landscaping LS 1 10,000.00 10,000.00 40 Tree Protection Barricade EA 5 200.00 1,000.00 41 Excavation Safety LS 1 100.00 100.00 TOTAL BASE BID 666,946.60 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. 00500-4 CEI Project 10436 j STAFF.REVIEW FORM AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW i<eS. �5'6 CAn5 Ore% 3 Neee1Sct y Jdh 9-ar-97 For the Fayetteville City Mayor's signature. MICROFILMED FROM: Wayne Ledbetter Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order 3 to the Contract for construction of Joyce Boulevard Extension West with F.H. Necessary and Son in the amount of $ 48,702.61. COST TO CITY: $ 48,702.61 Cost of this Request 4470-9470-5809-00 Account Number 94034-0010 Project Number $ 669,946.00 Category/Project Budget $ 594.722.70 Funds Used To Date $ 75,223.30 Remaining Balance Joyce Blvd. Category/Project Name Street Improvements Program Name Sales Tax Fund BI/j)DGET EVIEW: xxxx Budgeted Item Budget Adjustment Attached Burk Administrative Services Director et Coordinator CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: 9 ash Date ADA Coordin t Date I ernal Auditor 5j7pl q -aq qy Date Date I 926-97 Date STAFF RECOMMENDATION: Staff recommends that the Mayor approve the C1 Orders with F.H. Necessary for the Joyce Blvd. construction. vision Head// Date Cross Reference vision 2 New Item: Yes Department Director Date ♦/�7 Prev Ord/ es : Admini rative ery Director Date Orig Contract Date: May r Date FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Fred Hanna Thru: Kevin Crosson, Public Works Director Charles Venable, Assistant Public Wo ks Director Don Bunn, City Engineer /7jE- From: Wayne Ledbetter, Engineering / d Date: September 25, 1997 li(� RE: Joyce Blvd Extension This project involves the extension of Joyce Boulevard from the west side of the Spring Park Subdivision to Wilkerson Street in Johnson. The street is being constructed with 5 lanes through the NANCHAR property (eastern portion) and part 4 lane divided boulevard, part 4 lane undivided on the western portion of the project. The pavement section will be asphalt with concrete curb and gutter and pedestrian sidewalk. Additional improvements include drainage construction and landscaping. During this construction we have encountered situations that require changing from the original Plans. These changes are as follows: Change Order No. 3 modified some quantities such as Clearing ang Grubbing, Common Excavation, 18 -inch RCP, 18 -inch FES, and Drop Inlets. In addition, this change order added a 16" steel encasement accross Joyce to facilitate sanitary sewer @ Sta 2+41. This addition is reflected in the $ 8,532.00 change to Sleeves for Utilities. Also, an earthern berm was constructed on the south side of Joyce to help shield adjacent property from the sounds and sights of traffic on Joyce. This is Item 45, Berm Construction, totaling $ 6,370.00. A tree well to protect existings trees on the south side was constructed. This is Item 46 and totals $ 1,924.51. We removed some existing pavement and this increased Demolition by $ 1,000.00. A trench drain was constructed on Joyce near Wilkerson for $ 7,906.40. The total change order had a net increase of $ 48,702.61. A minor reconcilliation change order of $ 5,000 to $ 10,000 may be anticipated in the future. The remaining budget in 1997 for the construction contract with F. H. Necessary and Son is $ 669,946.00.. The original bid was $ 666,946.60 with a contingency of $ 133,053.40. Staff Recommendation. The Staff recommends that the Mayor approve the Change Order to the construction contract with F. H. Necessary and Son for the construction of Joyce Boulevard Extension West. This amount is $ 48,702.61. r ^I CFIANGE ORDER EFFECTIVE DATE 9 - 9 - 9 7 DATE OF ISSUANCE OWNER City of Fayett evi 110 OWNER'S Contract No. 96-14 CONTRACTOR F.H. Necessary & Son ENGINEER CE? Engineering Associates. Inc. You are directed to make the following changes in the Contract Documents Description: Miscellaneous changes (See attached Detail Sheet) Reason for Change Order: Owner Request Attachments: (List documents supporting change) Changes to individual pay times CHANGE IN CONTRACT PRICE: Original Contract Price $ 666, 946.60 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: Ready for final payment: day, or data Net changes from previous Change Orders No. 1 to No. 2 Net change from previous Change Orders No. _to No. ff��(0•70 days Contract Price prior to this Change Order $ Contract Times prior to this Change Order Substantial Completion: Ready for final payment: days adata 9ZL Iff*, 30 Net Increase(tiecrraxjof this Change Order $ +48,702.61 Net Increase (decrease) of this Change Order -+10 - ays Contract Price with all approved Change Orders $ '71≥•rB7GzF: gl /� Contract times with all approved Change Orders Substantial Completion: Ready for final payment: ays or dales 79:1 •4/ RECOMMENDED: Date: ./ZZ/9 7 ACCEPTED: sy: Cnnvanor j$dic.ized SignaMC) Date: AUG 2 7 197 ---------- JOYCE BOULEVARD EXTENSION PROJECT Change Order Number 3 Miscellaneous Changes Description Several changes are included in this Change Order, including: add one extra utility sleeve to accommodate a proposed future sewer at Station 2+00±; adding a berm, ranging in height from 5 feet to 2 feet, to the south side of the road to provide sight screening to the subdivision; adding a trench drain at the intersection with Wilerson Drive; additional common excavation quantity; additional pavement demolition, and adding a drop inlet and drainage pipe in the Hendrix Subdivision area. This Change Order does not involve a change in the Contract Times. Contract Price Changes Item Item Change to New Est. Unit New Total Price No. Description Unit Quantity QuantityPrice Price Change 1 Clearing and Grubbing EA +24 28 $500.00 14,000.00 +$12,000.00 2 Demolition LS NA 1 $2,000.00 $2,000.00 +$1,000.00 3 Common Excavation CY +1,980 29,480 $3.64 $107,307.20 +$7,207.20 13 18 -inch RCP LF +50 1,180 $22.25 $26,255.00 +1,112.50 19 18 -inch FES EA +1 3 $250.00 $750.00 +$250.00 26 Drop Inlets EA +1 15 $2,400.00 $36,000.00 +$2,400.00 29 Sleeves for Utilities LS NA 1 $39,810.00 $39,810.00 +$8,532.00 45 Berm Construction LS +1 1 $6,370.00 $6,370.00 +$6,370.00 46 Protective Tree Well LS 1 1 $1,924.51 $1,924.51 +$1,924.51 (Permanent) 47 Trench Drain LS +1 1 $7,906.40 $7,906.40 +7,906.40 at Wilkerson Drive Net Change Order Amount $48,702.61 IRECCEDVED AU627197 AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW For the F FROM: jv11t.AV i SJL.JT Wayne Ledbetter, Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order 4 to the Contract for construction of Joyce Boulevard Extension West with F.H. Necessary and Son in the amount of $ 9,300.61. COST TO CITY: STAFF REVIEW FORM 's signature. C1jri9. 0e6 Y /-16- y8 nt $ 9,300.61 Cost of this Request 4470-9470-5809-00 Account Number 94034-0010 Project Number Coordinator S 669,946.00 Category/Project Budget S 594,722.70 Funds Used To Date $ 26,520.69 Remaining Balance Joyce Blvd. Category/Project Name Street Improvements Program Name Sales Tax Fund xxxx Budgeted Item Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accountin M e Date A Coordinator Date %-/f do //3_ 1t / Cit Attorney Date I rnal Auditor 54 ' Date Pv , -ia g5 Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends that the Mayor approve the Change Orders ' h F.H. ecessary for the Joyce Blvd. construction. /-/9- 7 91 Di 'sion Head Date Cross Reference tc New Item: Yes Department Director Date Prey Ord/Res #: %b Admini rative Servi?t Director Da e / Orig Contract Date: May Date FAYETTE` I LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Fred Hanna Thru: Kevin Crosson, Public Works Director Nc Charles Venable, Assistant Public Works Director Don Bunn, City Engineer ./17A' n From: Wayne Ledbetter, Engineering b�fj Date: January 12, 1998 RE: Joyce Blvd Extension This project involves the extension of Joyce Boulevard from the west side of the Spring Park Subdivision to Wilkerson Street in Johnson. The street is being constructed with 5 lanes through the NANCHAR property (eastern portion) and part 4 lane divided boulevard, part 4 lane undivided on the western portion of the project. The pavement section will be asphalt with concrete curb and gutter and pedestrian sidewalk. Additional improvements include drainage construction and landscaping. During this construction we have encountered situations that require changing from the original Plans. These changes are as follows: Change Order No. 4 is a reconciliation change order for the original quantities and/or any previous unit change order quantities. Please note the reconciled quantities on the accompanying change order form. This amount totals $ 9,300.61. .,. ..• • _- E ✓i ri • �• •• tom✓' • . • C' ii I Its Staff Recommendation. The Staff recommends that the Mayor approve the Change Order to the construction contract with F. H. Necessary and Son for the construction of Joyce Boulevard Extension West. This amount is $ 9,300.61. NOW s7. 9') : • a • • DATE OF ISSUANCE EFFECTIVE DATE • a •. •. • ' •'E.H.be - _ a• • .• •-- •• You are directed to make the following changes in the Contract Documents. Description: Reconciliation change order Reason for Change Order: Reconcile contract quantities to actual installed quantities Attachments: (List documents supporting change) Changes to individual pay items CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 150 $ 666,946.60 Ready for final payment: 180 rot. «an« Net changes from previous Change Orders No._ 1 to No. 3 Net change from previous Change Orders No. _1 to No. 3 $ 111R,909_R7 +10 days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: 160 $ 770, 855.91 Ready for final payment: 190 rays «rote Net Increase( t of this Change Order Net Increase (decease) of this Change Order $ 9,nn_F1 42- days Contract Price with all approved Change Orders Contract times with all approved Change Orders Substantial Completion ZOt $ 7Rn,1 5F,_ 57 Ready for final payment: 23 Z days or thin RECOMMENDED: APPROVE ACCEPTED: By: M. T J By: By �' �}.. Engi a (Author Siatuuuq Oe (And Sigtmme) raM•aer (Autb rd Si{muue l / Date: )2/2Z/97 Date:1T/(O,/9f Date:JL 4 —97 ��J// JOYCE BOULEVARD EXTENSION PROJECT Change Order Number 4 Reconciliation of Quantities Description This Change Order reconciles the quantities actually installed to be the contract quantities. It also includes adding french drains in three places to correct groundwater seepage occurances. Contract Price Changes Item Item Change to New Est. Unit New Total Price No. Description Unit Quantity quantityPrice Price Change 4 Rock Excavation CY +1,136 1,836 $12.50 $22,950.00 +$14,200.00 7 Aggregate Base Course CY +21 7052 $13.50 $95,202.00 +$283.50 14 24 -inch RCP LF -7.13 272.87 $27.80 $7,585.79 -$198.21 15 30 -inch RCP LF -14.98 305.02 $36.00 $10,980.72 -$539.28 23 42 -inch FES EA -1 0 $960.00 0.00 -$960.00 28 Curb Inlet Extension LF -16 60 $80.00 $4,800.00 -$1,280.00 31 Type D Wire Fence LF +76 2926 $3.35 $9,802.10 +$254.60 31a Farm Fence Gate EA +2 2 $250.00 $500.00 +$500.00 33 Straw Bales EA -460 40 $4.00 $160.00 -$1,840.00 34 Silt Fence LF -40 1,760 $3.00 $5,280.00 -$120.00 40 Tree Protection EA -5 0 $200.00 $0.00 -$1,000.00 Barricade(temp) Net Change Order Amount +$9,300.61 Res. em -?t STAFF REVIEW FORM AGENDA REQUEST XXXX CONTRACT REVIEW GRANT REVIEW n cc e.CS4 r/ chnye.Ord S gA1.5 For the Fayetteville City Mayor's signature. MICROFILMED FROM: Wayne Ledbetter Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order 5 to the Contract for construction of Joyce Boulevard Extension West with F.H. Necessary and Son in the amount of $ 8,070.00. TO CITY: S 8,070.00 Cost of this Request 4470-9470-5809-00 Account Number 94034-0010 Project Number e Coordinator $ 22.128.00 Category/Project Budget S 5.397.00 Funds Used To Date $ 16,731.08 Remaining Balance xxxx Budgeted Item CONTRACT/GRANT/LEASE REVIEW: Joyce Blvd. Category/Project Name Stmt Improvements Program Name Sales Tax Fund Budget Adjustment Attached Services GRANTING AGENCY: Date A Coordinat Date 4Date ernal Auditor 50! Date 5 -slit Purchasing Purchasing Officer Date STAFF RECOMMENDATION: Staff recommends that the Mayor approve the Change 0rder ith F.H Necessary for the Blvd. construction. Division Head' Date Cross Reference / cCl2a O&. 4L -C ____ New Item: Yes Department Director Date Prev Ord/Res #:_ Admix rative rvices Director Ste % O Orig Contract Date: May r Date FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Mayor Fred Hanna Thru: Kevin Crosson, Public Works Director Charles Venable, Assistant Public Works Director Don Bunn, City Engineer From: Wayne Ledbetter, Engineering11j/ /�J9j/�_ Date: May 4, 1998 / _ RE: Joyce Blvd Extension This project involves the extension of Joyce Boulevard from the west side of the Spring Park Subdivision to Wilkerson Street in Johnson. The street was constructed with 5 lanes through the NANCHAR property (eastern portion) and part 4 lane divided boulevard, part 4 lane undivided on the western portion of the project. The pavement section was asphalt with concrete curb and gutter and pedestrian sidewalk. Additional improvements included drainage construction and landscaping. During the construction we have encountered situations that require changing from the original Plans. These changes are as follows: Change Order No. 5 provides underground french drains to prevent water from bleeding to the surface of the asphalt. Futhermore, this helps prevent saturation of the pavement subgrade. We had a couple of areas in the project that needed this solution. The remaining budget in 1998 for the construction contract with F. H. Necessary and Son is $ 22,128.00. The original bid was $ 666,946.60 with a contingency of $ 133,053.40. Therefore, the total budgeted for construction was $ 800,000. The total construction costs to date with Change Order No. 5 is $ 788,226.52. At this point, we are $ 11,773.48 under the construction budget. Staff Recommendation. The Staff recommends that the Mayor approve the Change Order to the construction contract with F. H. Necessary and Son for the construction of Joyce Boulevard Extension West. This amount is $ 8,070.00. ,• '. CHANGE ORDER No. 5 PROJECT: Joyce Boulevard Extension PROJECT NUMBER: 10436.0 DATE OF ISSUANCE: EFFECTIVE DATE: OWNER: City of Fayetteville OWNER'S Contract Number: 96-14 CONTRACTOR: F.H. Necessary & Son Construction ENGINEER: CEI Engineering Associates You are directed to make the following changes in the Contract Documents: Description: Add french drains at both east and west ends of project Reason for Change Order:Correct drainage problem Attachments (List documents supporting change)Unit Price, pay items, details CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: Substantial Completion: 150 days $ 666,946.60 Ready for final payment: 180 days days or dates Net changes from previous Change Orders No. I to No. 4 Net change from previous Change Orders No. I to No. 4 $ 113,209.92 52 Days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: 202 $ 780,156.52 Ready for final payment: 232 days or dates Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change Order $ $8,070.00 Days Contract Price with all approved Change Orders Contract times with all approved Change Orders Substantial Completion: 3/3/98 $ 788,226.52 Ready for final payment: 5/8/98 days or dates RECOMMENDED:I APPROVED: ACCEPTED: /n1 ��-fl By: D" J1 I0-a'�-dI By: By: Engineer (Authorized Signature) ClGiner (Authorized Signature) Contractor ature) Date: 0/ 9 D Date: ` 7/y o Date: Q-- Z9 - 9e Joyce Boulevard Extension Change Order Number 5 - French Drains I Unit Price Item Details Item Item Unit Original Original Change to New Est. New Total Price No. Description Unit Price I Quantity Price Quantity Quantity Price Change 41 Excavation Safety (original) ILS $100.00 1 $100.00 -1 0 $0.00 ($100.00) 41 Excavation Safety (changed) LS $850.00 0 $0.00 1 1 $850.00 $850.00 51 6 -inch French Drain 0-4 feet deep LF I $19.80 1 0 $0.00 1 0 0 $0.00 $0.00 5216 -inch French Drain 4-6 feet deep LF 1 $22.80 0 $0.00 01 01 $0.00 J $0.00 I I I 1 1 53 6 -inch French Drain 6-8 feet deep LF $24.40 0 $0.00 1 300 300 $7,320.00 $7,320.00 Total of Change Order $8,070.00 PROJECT SUMMARY I Original Contract $666,946.60 Change Order 1 ($11,223.40) Change Order 2 $66,430.10 Change Order 3 ( $48,702.61 Change Order 4 $9,300.61 This Change Order (#5) $8,070.00 I PROJECT TOTAL 1 I I I $788,226.52 CEI Engineering Associates, Inc.RECEIVE CEI110 W. Central Bentonville, Arkansas 72712 App 24 194R (501) 273-9472 Fax (501) 273-0844 TRANSMITTAL LETTER Date: April 23, 1998 Distribution: CMS /File To: City of Fayetteville Project: Joyce Blvd Extension 113 West Mountain CEI Project No.: 10436.0 Fayetteville, Arkansas 72701 Reference: Change Order No. 5 Attn: Mr. Wayne Ledbetter We are sending you the following items: Z Attached Via US Mail ❑ Fax ❑ Under Separate Cover Via Copies: Date: No.: Description: 3 Change Order No. 5 These are transmitted: ❑ For Approval ❑ For Bid Due ❑ For Review and Comment ❑ As Requested ® For Your Use ❑ Remarks: This Change Order No. 5 is for the final totals for the french drains. Please have these executed by the City; retain one copy for your file and return two to me. Signature: Tl , /0-•0J Title: Project Manager David A. Todd Bentonville, AR - Fresno, CA - San Francisco, CA - Baltimore, MD • St. Augustine, FL - Nashville, TN • Atlanta, GA