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HomeMy WebLinkAbout102-98 RESOLUTIONT w n fp O 00 CO m c c S 3 M S. a 7 f ID 0 m 3.E 3 0 1 m co110.4V W A W 7 A :paiio3 PeIlPe3 ate i ioi 2. Lump Sum, Trench or Safety Excavation System A O O O O 1: Lump Sum, Elevated Water Storage Tank - 0 n r a O 0 o,.. N 'ON SNV1d 1J 1 N 0) CO PLANS DATED: FEBRUARY 1998 ioz -9& EXHIBIT A SVSNVNHV `3111A3113AVd 311In3113AVd AO AJJO GULLEY ROAD ELEVATED WATER STORAGE TANK WATER SYSTEM IMPROVEMENTS TABULATION OF BIDS RECEIVED JUNE 18, 1998 f July 14, 1998 Ms. Woodruff, Ordinarily, we affix dates to the Contract Documents prior to delivering them to the Owner for signature. This is for the convenience of the Owner, and our peace of mind being assured that all places requiring dates are dated. We have learned that in the case of the City of Fayetteville, the City Clerk (or at least, the previous City Clerk) generally prefers to date the documents when the Mayor and Clerk sign. Therefore, we have not dated anything within these documents. There is one page in each document requiring signatures by the Mayor and City Clerk, and it tagged with a "SIGN HERE" tag. There are eleven places to be dated in each document; each place has a plain yellow tag. The reason we have not dated the bonds and powers -of -attorney is that we need all documents to have the same date, not knowing when the contract will be signed. Therefore, we need for you to date each of these documents in the designated places when you and Mayor Hanna sign them. Thank you. If questions, call Charles Nickle or Sharon Collins at McGoodwin, Williams and Yates, Inc. 443-3404. MA - Sharon Collins • I r 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 BID Water System Improvements Phase II - Highway 45 East Area CONTRACT SECTION III GULLEY ROAD ELEVATED WATER STORAGE TANK For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February, 1998 City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To Mayor Hanna and the City Council: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, that: a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) Date Number t G//7/Fr 7.— and and such addenda are attached to the Bid. 5-1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.21 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not g) 5-2 • directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond for S� o,t e...., -r- 6,o ($ SZ of•Axis. riot) 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. Lump Sum Elevated Water Storage Tank, including sitework, access road, design (both tank and foundation), testing, sandblasting, painting, installation of piping and valves, disinfection, cleanup and seeding, and all other work, complete in place htha 4Luono .£Iasory Ste, Tht&J,.ia dollars $ 98L/ oo 0. DollarAmountw?itten in Words" (In Fiourel 2. Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly Paco_ hc....'on..so dollars Sao. W TOTAL BID $ 9.13 ‘/ 5. (continued) The contract, if awarded, will be based on the Lowest bid accepted by the City of Fayetteville, Arkansas. Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. 5-3 The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding 6. The Bidder agrees that the Work will be substantially complete within 330 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 1413 of the General Conditions within 360 calendar days after the date when the Contract Times commence to run. Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 7. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this 18th day of June Attest ,(Seal, if bid i _Barry by corporation.) L7-Geswein, Secretary Arkansas:License No. 0028840499 5-4 19 98 Respectfully submitted, Caldwell Tanks, Inc. (Firm Name) By Title Jerry W. Crowe, Regional Sr. es Manager 4000 Tower Road Louisville, KY 40219 (Business Address & Zip Code) • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that CALDWELL TANKS, INC., Louisville, Kentucky, a Kentucky Corporation, has constituted and appointed, and does constitute and appoint the persons named below as its true and lawful Attorneys -in -Fact, to execute proposals for the sale of materials or the construction of work, to make contracts for same, and execute Surety Bonds to be used in connection therewith: JOHN R. BICKEL JERRY W. CROWE CONRAD R. SPANGLER, III This appointment is made in accordance with Article V, Section 1 of the By -Laws of the Corporation as amended January 16, 1986, and still in full force and effect. IN WITNESS WHEREOF, CALDWELL TANKS, INC. has caused these presents to be signed by its President, and its corporate seal to be thereunto affixed and duly attested by its Secretary this 24th day of November, 1992. ATTEST: CALDWELL TA S, INC. (SEAL) - r- BY:— Bern- . . Fineman STATE OF KENTUCKY ) President ��" .) SS: COUNTY OF JEFFERSON ) On this 24th day of November, 1992, before me personally appeared Bernard S. Fineman, President of CALDWELL TANKS, INC., who being duly sworn, said he resides in the state of Kentucky; that he is President of CALDWELL TANKS, INC., the Corporation described in and which executed the foregoing instrument; that he knows the Corporate seal; that it was so affixed by order of the Board of Directors of said Corporation; and that he signed his name thereto as Presiden of said Corporation by like authority. .7 - .c (SEAL) STATE OF KENTUCKY ) ) SS: COUNTY OF JEFFERSON ) Bonita Elaine : nderson - - Notary Public, State at Large MY COMMISSION EXPIRES 7-29-98 I, Barry L. Geswein, Secretary of CALDWELL TANKS, INC. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by CALDWELL TANKS, INC., which is still in full force and effect. ^ AIN WITNESS WHEREOF, I have signed this certificate at Louisville, Kentucky, this day of June 1998. tf,y "'".2r7,1. a. (SEAL) .a ' . BY: CT -228 a Ov" 18th Barry L. Geswein, Secretary Caldwell Tanks, Inc. 1 1 1 1 1 1 1 1 11 1 I. 1 1 • INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Work to be Performed t.Fout.0)*rip tr.> S,TA 1•4010,1. 14 -Ai e- a 2. At✓T/.da 3. 4. 5. Subcontractor Percent License of Total Number Contract oc'z 7970372 30 9 6. 7. Note: Attach additional sheets if required. 5-5 Subcontractor's Name & Address �J eaar A. swanis.a, •rc no CWT Poio 4n. bion t ✓ere.L , 4a.. 7 270.3 reane-T/✓2 L.4444.c) C amnia* c.) /S S< <.,urr,-p Redsr A44KA.+O/l2j Alt 72.02. • BID BOND LIBERTY BOND SERVICES Bond Number: 244078 KNOW ALL MEN BY THESE PRESENTS, that we PITT -DES MOINES, INC 175 TownPark Drive, Suite 240, Kennesaw, GA 30144 , as Principal (the 'Principal'), and LIBERTY MUTUAL INSURANCE COMPANY, a mutual company duly organized under the laws of the Commonwealth of Massachusetts, as Surety (the 'Surety), are held and firmly bound unto City of Fayetteville, Arkansas , as Obligee (the 'Obligee", in the penal sum of FIVE PERCENT MAXIMUM AMOUNT BID Dollars($ 5% M.A.B. ) for the payment of which sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for Contract III Gulley Road Elevated Water Storage Tank NOW, THEREFORE, if the Obligee shall accept the bid of the Principal within the period specified therein, or, if no period be specified, within sixty (60) days after opening, and the Principal shall enter iMo a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents, or in the event of the failure of the Principal to enter into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference in money not to exceed the penal sum hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect; in no event shall the liability hereunder exceed the penal sum hereof. Signed and sealed this 18th day of June 19 98 WITNESS OR ATTEST: LBS -5000 • PITT -DES MOINES, INC. Principal k M. Marlatt u y. Sure rney-In-Fact MUTUAL INSURANCE COM • eel, Attorney -in -Fact (Seal) NY - (Seal) . -a 1 4:,, Donald O.sNarn — ^= c !.•tnt an 8/94 Rev. POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That PITT -DES MOINES, INC., Neville Island, Pittsburgh, Pennsylvania 15225, a Pennsylvania Corporation (the "Company"), has constituted and appointed, and does constitute and appoint JACK M. MARLATT its true and lawful Attorney -In -Fact, to execute contracts and proposals for the sale of materials or the construction of work by the Company, and to execute bid, maintenance, performance and payment bonds concerning obligations of the Company where such bonds are to be used in connection therewith. This appointment is made in accordance with the authority of the Board of Directors who duly adopted the following resolution at a duly constituted meeting which resolution is still in full force and effect: "All proposals, commercial contracts, bonds, certificates, affidavits, and all other documents incident to the business of this Company shall be valid when signed by the Chief Executive Officer of the Company, the Chairman of the Board of Directors, the Chairman Emeritus of the Board of Directors, the Vice Chairman, the President, a Vice President, a Group or Division President, an Executive Vice President, a Group or Division Executive Vice President, the Secretary, Treasurer, Controller or an Assistant Secretary or other duly authorized representative or agent of the Company and when sealed with the seal of the Company, and if signed within the limits of his sphere of responsibility. All proposals and contracts for the sale of materials or the construction of work by the Company, and bid, maintenance, performance and payment bonds conceming obligations of the Company used in connection therewith, shall be valid when executed by an Attorney -In -Fact." IN WITNESS WHEREOF, PITT -DES MOINES, INC. has caused these presents to be signed by its President, and its corporate seal to be thereunto affixed and duly attested by its Secretary this 5th day of January, 1998. ATT (SEAL COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY PITT -DES MOINES, INC. By: President On this 5th day of January, 1998, before me personally appeared Wm.W. McKee, President of PITT -DES MOINES, INC., who being duly sworn, said that he is President of PITT -DES MOINES, INC., the Corporation described in and which executed the foregoing instrument; that he knows the Corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto as President of said Corporation by like authority. (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY 11-1AAA MAA.41,14 GA4.e Notary Public Notarial Seal Ann Martin Criss, Notary Public Neville Twp., Allegheny County My Commission Expires Aug. 12, 2000 Member. Pennsylvania Association of Notaries I, Thomas R. Lloyd, Secretary of PITT -DES MOINES, INC. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by PITT -DES MOINES, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have signed this rtificate at Pittsburgh Pennsylvania this 18th day of June 1998. (SEAL) Secretary THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 244078 This Power of Attorney limits the act of those named herein, and .they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, DONALD O. NASON, JACK MARLATT, PATRICIA A. HAZLIN, LARRY W. HUDMAN, ALL OF THE CITY OF ATLANTA, STATE OF GEORGIA , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all bid bonds on behalf ofPitt-DesMooiinees, Inc., Company the bid bond does not exceed TWO HUNDRED sFIFTY aid TFIO8SANDSOLtAR (5250,00011tll RLAT , PATRICIA-A. HAZLIN, LARRY W. HUDMANhe Company affixed thereto by the individually. And the execution of said bid bonds, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limlations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety obl gations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed Jheretoin Plymouth Meeting, Pennsylvania this 20th day of November 19 96 . By g 011-- u%Jac t6 LIBERTY MUTUAL INSURANCE COMPANY Gamet W. Elliott, Assistant Secretary COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 20th y'ef me to be the therei§r1 inJJ ged that he execute seal and his signa SS. November A.D. 19 96 before me, a Notary Public, personally came the individual, known to and officer of Liberty Mutual Insurance Company who executed the preceding instrument, and he acknowled- e seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate as duly affixed andsubscribed to the said instrument by authority and direction of the said company. IN TESTIMOIVY ' ERF,QF I h� un . setyhand-and affix my official seal at Plymouth Meeting, PA, the day and year first above written. NOTARIAL SEAL - /qq Guy or P= SHIELDS. Wary Pak'/ o w:A ,, j y OC mThs6JoelSor so. 2 19 Notary Pub✓I(AL f My Comonssron Fapi2s Fob 2 t999 Notary Public • CERTIFICA E I, the undersigned,P,t 1Et: ecretary of Liberty Mutual Insurance Company, 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 his certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company 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 18th day of co co N N N c a a c c eo c —o vN yW E O • a. Q M Oe . a 3c w W O .1 0 O c «w ra �3 > a a(1 . +N� E "E CO 0 O O , -_June 19 98 • THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPT etretary AFTER November 20 79 98 c TCL 0 r BCL 4 Oc22DI,,0Flo TANK DIAMETER = 64'-00 NET CAPACITY = 750,000 GAL le it DRYWELL 4'0 5 42 PART FLUTE / 42'-00 ON CL �", SPECIFICATION AVWA 0100 AND ENGR `L e;lo• AkaDa_ Atit.,04 ul,.rL e- /°OMph 4-10x14 6O 2 S 6?•tvulq Sastre- Z5p f' L OF EDN' sy V /0 k% Y 1Z 14 04- UTL. EL=/54/5: 750M HP / 7¢,25BCL- FOR gfyEr/Ev/c[.6 PITT—DES MOINES, INC. ENGINEERS - FABRICATORS - CONTRACTORS PAGER V6Z2O�O/A PAGE DATE BY NAC 2200A75 09/09/93 • • OP Pitt -Des Moines, Inc. LEJ kJ 001 kJ t• TOWER FOUNAATION ELEV. TOF. Js%1 7S/ 2,4/71 N In kri • r. R= 2 l / , 2E533' /Oco CU YDS 490a PSI CONCRETE 17200 012 LBS. A615 GR REINFORCING LVO.O PSF NET SOIL BRG. W/ WIND LOAD cf /066% site -eat R1 /76_.9Bs CO SPCD P R2 de .5-5 CONT R3 /1kr A2k47/D E0 SPCD R4 //OT .G�60 /D CUNT R5 /76e0 ..4/54 EO SPCD W/ 9D• HOOK (1E) (HALF EA. FACE> R6 / 2 "`SS CONT (HALF EA. FACE) SG-�SMiG NOTE. A CONSTRUCTION JOINT MAY BE USED IF PROPERLY KEYED AND DOWELED. ANCHOR BOLTS PROVIDED BY PDM, AND INSTALLED BY FOUNDATION BUILDER. /4_ /Z ANCHOR BOLTS ,Derrett 57 / soo ta.%r•/ , 4/o a -o r/ P.r OtVPi.d2 .3 .sig./ a /rr49!(v ,delet ,l••,o�our- C/ ✓.e..e it; i Fe, . L.L,^ P,24oT Pl,o-,i! , 50c a, J, geL �i✓�� y - 4..( `n aI `rec. o. 4- /0,v9 Gr car a W SUBJECT. ..73.-C•47/5°77.4. .4. ZS.. 'SCG LOCATION.'are treINZGF,40C„ PREPARED BY.,/i4... DATE. p/g/q, CHECKED BY. DATE. JUN 08 '98 10:32 CONTR. NO.. FILE No. LZei/C/{./ PAGE NO. 4 0 513 254 9511 PAGE. 003 THE AMERICAN INSTITUTE OF ARCHITECTS • AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Caldwell Tanks, Inc. (Here insert lull name and address or legal title of Contractor) 4000 Tower Road, Louisville, KY 40219 as Principal, hereinafter called the Principal, and Great American Insurance Company (Here insert full name and address or legal title of Surety) 580 Walnut Street, Cincinnati, OH 45202 a corporation duly organized under the laws of the State of Ohio as Surety, hereinafter called the Surety, are held and firmly bound unto City of Fayetteville, Alt (Here insert lull name and address or legal title of Owned as Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Bid Amount -- Dollars ($5% Bid Amt ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description o1 project) Contract Section III: Gulley Road Elevated Storage Tank NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in hill force and effect. y ` 7 1 Signed and sealed this 18th day of June • Charles F.,RTripp le) PAttoni In -Fact - Arkansas -.Resident Agent AIA DOCUMENT A710 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 6i7 Printed on Recycled Paper 9/93 1 10. • GUM ANERICAN INSURANCE COMPANY • 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than No. 0 ONE • POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. 15811 Name Address CHARLES F TRIPP MAGNOLIA, ARKANSAS Limit of Power UNLIMITED This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17th day of August , 19 95 Attest GREAT AMERICAN INSURANCE COMPANY CA -_ tel :ci,. Nr, iE STATE OF OHIO, COUNTY OF HAMILTON — ss: On this 17th day of August, 1995 5 before me personally appeared GARY T. DUNBAR, to me known, being duly sworn, deposes and says that he resided in Cincinnati, Ohio, that he is the President of the Bond Division of Great American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name thereto by like authority. MAUREEN DOUGHERTY tS; a zy ?Ws, St:19 d ONa $Py ContniLN:on Ent -:t Jury. t2, 2001 47( This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from time to time, to appoint one ormore Attorneys -In -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors.of March,: 1993 have not been revoked and are now in full force and effect. Signed and sealed this S1029P (4/93) day of? c!r. • � r - ••••., :or: f� \fe•r t.+,:✓«cr Si . . . • Instructions to Bidders STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1) Name of Bidder. Caldwell Tanks, Inc. 2) Permanent main office address. 4000 Tower Road, Louisville, KY 40219 3) When organized. 1887, 4) If a corporation, where incorporated. state of Kentucky 5) How many years have you been engaged in the contracting business under your present firm or trade name? 29 years (previously named W. E. Caldwell Co.) 6) Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) See attached 7) General character of work performed by your company. See attached 8) Have you ever failed to complete any work awarded to you? No 9) Have you ever defaulted on a contract? If so, where and why? No 10) List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed. See attached 11) List your major equipment available for this contract. See attached 12) Experience in construction similar in size to this project, along with project owners and engineers. See attached 13) Background and experience of the principal members of your organization, including the officers. See attached 14) Credit available: $ See Bank Reference 15) Give bank reference: See attached 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Yes Dated at Louisville, Kentucky of June 19 98 2-2 • this 18th day 1 1 1 1 1 1 t 0 1 1 1 1 1 1 1 Name of Organization: State of Kentucky Instructions to Bidders Caldwell Tanks, Inc. By `L 2- 471:- • :r., Titre Jer y W. Crowe, Regional -Sales Manager - County of Jefferson Jerry W. Crowe ) that he (sore) isthe Regional Sales Manager being duly sworn deposes and says Caldwell Tanks, Inc. of oin • Contractor(s), and that answers to the foregoing g questions and all statements therein contained are true and correct. Subscribed and sworn before me this 18th day of June 19 98 My commission expires (Seal) j %� Notary Public Carolyn Harrison, State At large, KY September 25, 1999 • TANK BUILDERS SINCE 1887 STATEMENT OF BIDDER'S QUALIFICATIONS 6. Contracts On Hand: Approximately 90 contracts are presently being worked with a work -on -hand value of $29,000,000.00. The capacity of tanks in progress range from 50,000 gallon to 2,500,000 gallon. This is a normal backlog well within our range of financial resources and fabrication and erection capabilities. If more specific information is required, we will be happy to furnish. 7. General Character Of Work Performed by Your Company: We design, fabricate, and erect elevated and ground steel storage tanks. 10. More Important Contracts Completed: (See Attached) 11. Major Equipment Available For This Contract: We own and maintain all permanent plant and field equipment necessary to manufacture and erect elevated and ground steel storage tanks. 12. Statement of Experience of Similar Work: (See Attached) 13. Principal Members and Work Experience: Bernard S. Fineman David L. Dues Ronnie L. Marple Charles W. Beeler 15. Bank Reference: President/Treasurer Vice President Vice President Vice President National City Bank Attn: Ms. Laura Cromer P. 0. Box 36000 Louisville, Kentucky 40233 (502) 581-4457 12 years 27 years Sales 30 years Construction 22 years Engineering Manufacturing 4000 Tower Road, Louisville, KY 40219 / P.O. Box 35770, Louisville, KY 40232 / (502) 964-3361 / FAX (502) 966-8732 CAPACITY 542M CET 149.5' HWL 2500M Fluted Column 185' HWL 2000M Elevated 111'-0" HWL 1200M Fluted Column 126.5' OF 1000M Fluted Column 135' HWL TANK BUILDERS SINCE 1887 IMPORTANT CONTRACTS RE: Bidder's Quahfication Statement LOCATION/OWNER Thamesford, Ontario Canada Caddo -Bossier Port Commission Shreveport, Louisiana Montgomery County Board of Commissioners Dayton, Ohio Harford County Dept. of Procurement Bel Air, Maryland Tinker Air Force Base Tinker, Oklahoma 1000M Fluted Column Municipal Utilities Bldg 91.5' HWL Denison, Iowa 2000M Standpipe 51'7" x 128' Dir. Utilities & Engrg Columbia, South Carolina 1000M Fluted Column City of Hattiesburg 170.5' OF Hattiesburg, Mississippi 1200M Chilled Toyota Powertrain Fac. Water Tank Georgetown, Kentucky 60' Dia. x 60' HWL ENGINEER R. J. Burnside & Associates Ltd. Stratford, Ontario (519) 271-5111 Balar Associates, Inc. Shreveport, LA (318) 221-8312 Woolpert Consultants Dayton, OH (513) 461-5660 Dept. of Procurement Bel Air, MD (301) 838-6000 US Army Corps of Engrs. Tulsa, OK (918) 581-7321 Howard R. Green Co. Des Moines, IA (515) 278-2913 Johnson, Knowles, Burgin & Kouknight Irmo, SC (803) 732-0860 Shows & Dearman Hattiesburg, MS (601) 544-1821 Walbridge-Aldinger Livonia, MI 100M Elevated Walt Disney World Co. Bechtel International Corporation 120' OF Lake Buena Vista, Florida Disney MGM Studio Tour Project Lake Buena Vista, FL (305) 827-8717 4000 Tower Road, Louisville, KY 40219 / P.O. Box 35770, Louisville, KY 40232 / (502) 964-3361 / FAX (502) 966-8732 DATE COMPLETED 10/96 $409,305.00 9/96 $2,650,800.00 5/94 $1,407,600.00 2/93 $1,416,000.00 9/94 $692,000.00 8/92 $686,000.00 3/92 $512,400.00 2/92 $1,059,800.00 3/90 $336,700.00 4/87 $234,500.00 CAPACITY 2500M Fl Col 185' HWL 1200M F1 Col 126.5' OF 1000M Fl Col 103' HWL 1000M FI Col 140' HWL 1000M FI Col 135' HWL 1000M Fl Col 91.5' HWL 1000M FI Col 170.5' OF 750M Fl Col 130.5' HWL 750M Fl Col 93' OF 750M Fl Col 154.33' OF TANK BUILDERS SINCE 1887 SIMILAR PROJECTS RE• Fayetteville, Arkansas LOCATION/OWNER Caddo -Bossier Port Commission Shreveport, Louisiana Harford Co. Dept. of Procurement Bel Air, Maryland City of Glasgow Glasgow, Kentucky Louisville Water Company Louisville, Kentucky Tinker Air Force Base Tinker, Oklahoma Municipal Utilities Bldg Denison, Iowa City of Hattiesburg Hattiesburg, Mississippi Medina County Commissioners Medina, Ohio Town of Halfmoon Halfmoon, New York Board of Co. Commissioners Indian River County Vero Beach, Florida ENGINEER Balar Associates, Inc. Shreveport, LA (318) 221-8312 Department of Procurement Bel Air, MD (301) 838-6000 Sverdrup Civil, Inc. Nashville, TN (615) 331-9232 (Owner) Gregory Heitzman (502) 569-3600 US Army Corps of Engineers Tulsa, OK (918) 581-7321 Howard R. Green Co. Des Moines, IA (515) 278-2913 Shows & Dearman Hattiesburg, MS (601) 544-1821 Medina County San. Engrs. Medina, 011 (216) 723-9585 Clough, Harbour & Assoc. Albany, NY (518) 453-4500 Sippel, Masteller, Lorenz & Hoover, Inc. Sebastian, FL (305) 589-4800 DATE COMPLETED 9/96 $2,650,800.00 2/93 $1,416,000.00 11/97 $712,000.00 2/95 $728,300.00 9/94 $692,000.00 12/92 $686,000.00 2/92 $1,059,800.00 9/95 $788,100.00 11/92 $613,500.00 6/85 $747,700.00 1 4000 Tower Road, Louisville, KY 40219 / P.O. Box 35770, Louisville, KY 40232 / (502) 964-3361 / FAX (502) 966-8732 � ���V��/I�fII�IjIT.9MCS TANK BUILDERS SINCE 1887 CERTIFICATE This is to certify that Caldwell Tanks, Inc., has met all requirements and is licensed in to do business in the State of Arkansas. Our Contractor's License number is 0028840499. OUR STATUTORY AND PROCESS AGENT IS: The Corporation Company 417 Spring Street Little Rock, Arkansas 72201 ATTEST .= Barry U. Geswein- Secretary ARQUAL.DOC ^ CALDWELL TANKS, INC. ry . Crowe Regional Sales Manager 4000 Tower Road, Louisville, KY 40219 / P.O. Box 35770, Louisville, KY 40232/(502) 964-3361 / FAX (502) 966-8732 114-3" 4Q,-0" D n ty n =r1 DC', A N N / / I / _7/ i L) v CMa I W N N c7 V 3 Ic A / - t7o on N _____ o< me an --z A A r o = z M P1 �Z z D CO Z-1 m P1D V D n t7 td T m A A t �- td m r m 0 • - n n- 0 D D .3-i n -r1 n r Z n S -1 n o -- I'1 nn N 0' �, {A D � -A (Si zz CD C D A Li = nm n£ .0 ,_r co o oD z•n D 0 NM n D v o i ,r m r < -I o- - C1 £ tti Z F- r o — rn I 1 ZZ r D S — 0' z m o G7 ≤ r O n D r -� CO D C d rid 7a r ror) drn A n o x dIn D Cl W r 1 CO Z = c _ c1 fl z Z Z .- • r- � y La N H 0' 0 D r' f`'1 A S] D mil' T z C-nr. -❑ ❑ D(-lO -o HC Zm c z S Z E>mm -1 D ,. 7J Z C - E - UlZ Nmo �z Z DZ m❑ Wcm o�D -H =�C1 C t7� a' m C -. -0FD'❑ D --I m RI ❑Nmc "rZ C 1-1 - Z L)C z d p £(1 zi O`t D D ❑ W- �z C 1'l Cl t7 Z l p m z H o HI VW n lt)3 H r �3 ❑D fly V C m v) 7J r l m m m tj r r 2 n ter D (4 m❑ D - Z Cl G 70 Z Z ❑ m m ❑ V 8 -5, c� 1' 0" 11„ 6' 7„ m e7 tz 0 6 114' 3" m C TO H.W.L. m .. < H i l m r- N d D D � I - 0: o �S�ri m -a o r `�J{ (o in i— fU C Da L +. -I -I I. m r n Z .. tiHr c ' 1= O ❑ r <Z r 3 rr- 9 D td v H K D yc LI 'l rr � D f l b C3 o A r 'nr m Cu 7J z c Cl) D O Z — D y z v d o z n)m D z z C4dV �P1 H C td C)m C m D D 3 z rl DC Dr- T C7 O PiT C7T) 77 d D MTr12 nvTT MRTf&S /D.'2-98 ,. ,.._... ,. AC111.11. CERTIFICATE OF _ .. ..... INSURANCE 12,15/96 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION J&H Marsh & McLennan of PA, Inc. ONLY, AND CONFERS NO RIGHTS UPON THE CERTIFICATE Six PPG Place, Suite 300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Pittsburgh, PA 15222-5499 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Attn: Jennifer Devando COMPANIES AFFORDING COVERAGE (412) 552-5000 COMPANY 14801-CAS1 98-99 58536 OCP A St. Paul Fire & Marine Insurance Company INSURED -. _ .. COMPANY -. Pitt -Des Moines, Inc. ���B 3400 Grand Avenue Neville Island COMPANY _ Pittsburgh, PA 15225 C COMPANY D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POUCY EFFECTIVE POLICY EXPIRATION UNITS LTR DATE (MM/DD/YY) DATE (MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 X PRODUCTS-COMP/OPAGG $ 2,000,000 A COMMERCIAL GENERAL LIABILITY KK01200620 12/31/98 12131/99 CLAIMS MADE ❑X OCCUR PERSONAL&ADV INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 OWNER'S &CONTRACTOR'S PROT X FIRE DAMAGE(Anyone 9re) S 100,000 XCU INCLUDED X CONTRACTUAL LIABILITY MED EXP (Any one person) $ 25,000 AUTOMOBILE LIABILITY COMBINEDSINGLEUMIT S 2,000,000 A X ANY AUTO,, , ... KK01200620 12/31/98 12/31/99 BODILY INJURY S ALL OWNED AUTOS SCHEDULEDAUTOS (Per person) BODILY INJURY S HIRED AUTOS NON -OWNED AUTOS (Per accideri) PROPERTY DAMAGE $ GARAGEUABIUTY AUTO ONLY -EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT S AGGREGATE S LIABILITY EACH OCCURRENCE S hEXCESS UMBRELLA FORM AGGREGATE $ _ "' - - — S — _ OTHER THAN U'MGGREL.n' FORM — �- --- _—"— rr — A WORKERS COMPENSATION AND WVK1200767 12/31/98 12/31/99 X STATUTORY LIMITS EACH ACCIDENT $ 1,000,000 EMPLOYERS' LIABILITY DISEASE- POLICY LIMIT S 1,000,000 THE PROPRIETOR' X INCL PARTNERS/EXECUTIVE OFFICERS ARE: IXCL DISEASES EACH EMPLOYEE S 1,000,000 OTHER $2,000,000 PER OCCURRENCE A OWNERS & CONTRACTORS PLEASE SEE PAGE 2 SEE PG 2 12/31/99 $2,000,000 AGGREGATE PROTECTIVE LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS (UMITS MAYBE SUBJECT TO RETENTIONS) PDM Contract Number: 58536; Section III -Gully Road Elevated Water Storage Tank; Fayettevitle, AR. The Workers Compensation policy provides a Waiver of Subrogation in favor of City of Fayetteville, Arkansas and McGoodwin, Williams & Yates to the extent permitted by law. Policies provide that insurance is primary with respect to any insurance maintained by the City of Fayetteville, Arkansas and McGoodwin, Williams & Yates and shall not call on their insurance for contributions. Please see attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Fayetteville, Arkansas EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 909AWO YMAIL Attn: Mr. Don Bunn 113 West Mountain Street 90 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. Fayetteville, AR 72701 AUTHORIZED REPRESENTATIVE ACORD25-S(3193} ....... ........ ..... . .... .. _.. - ACORDCORPORATION 1993 ADDITIONAL INFORMATION SSJE°'12%'15/98 PR(FJUCER CERTIFICATE HOLDER J&H Marsh & McLennan of PA, Inc. City of Fayetteville, Arkansas Six PPG Place, Suite 300 Attn: Mr. Don Bunn Pittsburgh, PA 15222-5499 113 West Mountain Street Attn: Jennifer Devando Fayetteville, AR 72701 (412) 552-5000 14801-CAS1 98-99 58536 OCP INSURED Pitt -Des Moines, Inc. 3400 Grand Avenue Neville Island Pittsburgh, PA 15225 OCP Policy Named Insured: City of Fayetteville, Arkansas Additional Insured: McGoodwin, Williams & Yates OCP Policy Number: KG01201380 Effective Date: July 1, 1998 Expiration Date: December 31, 1998 ,:. AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW CITY OF FAYit't vrtt For the Fayetteville City Coun YICfftang�of FROM: Sid Norbash j.1ti Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order No. 1 to the Construction Contract with Pitt -Des Moines Inc. for Water System Impvts., Phase II, Hwy 45 E. Area - CONTRACT Sec.III- Gulley Road Elevated Water Tank. a,1-C=des n-'orzs MICKOFTLMED °aasr no, ► S ) E� k E jIORM F no�. tz Zr c\ FEB 282000 FI2y,0O Mayor's Approval Only COST TO CITY: 3 y' Li. -$2,000.00 (reduction) Hwy 45 Area Water PhII Cost of this Request Category/Project Budget Category/Project Name 5400-5600-5808-00 Z 7. D �S Capital Water Mains Account Number 98044 Project Number Funds Used To Date IZ6 6(f7 Remaining Balance Program Name Water & Sewer Fund RTJGET REVIEW: X Budgeted Item Budget Adjustment Attached i d et Coordinator Purchasing Officer STAFF RECOMMENDATION: AF 3EW: Administrative Services Director GRANTING AGENCY Date A Coordinator Date I ernal Auditor a-17-oo Date Z-ZV-00 Date �2 bd :or D e A� Date IlarA Cross Reference uate Date New Item: Yes_ No X Prev Ord/Res #: 133-98 Orig Contracte: r:. To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director Jim Beavers, City Engineer 16 From: Sid Norbash, Staff Engineer Date: February 23, 2000 Re: Hwy 45 E. Water System Impvts. Phase II Contract Section III - Water Tank - C.O. 1 Attached Change Order has been necessitated and justified per attached correspondence by McGoodwin, Williams, and Yates, Inc. This change order decreases the amount of the contract by $2000, and still needs your approval. SN/sn attachments CHANGE ORDER (Instructions on reverse side) PROJECT DATE OF ISSUANCE December 10, 1999 OWNER City of Fayetteville Arkansas OWNER's Contract No. Fy-268 CSM No. Storage Tank d761ik'A 1iThI ts. n.':aDCi'i'� CONTRACTOR Pitt -Des Moines, Inc., 175 Townpark Drive, ENGINEER McGoodwin, Williams & Yates, Inc. Suite 240, Kennesaw, GA 30144 34160499 909 Rolling Hills Dr., Fayetteville, AR' You are directed to make the following changes in the Contract Documents. Description: Change in Contract Price: Change the brick gate parts to 4"metal gate past Change in Contract Times: Increase — Reconciling Contract Times Reason for Change Order. The larger hick gateposts will restrict the run-off flow i the South side of the entrance drive. Attachments: None CHANGE IN CONTRACT PRICE: Original Cardrad Prim $ 874.400 00 — _ CHANGE IN CONTRACT TIMES: Original Coead rams Substantial Compidiot 06 Jul99 - 330 days Ready for final payment• 05 Aug 99 • 360 days Net changes from previous Clange Orders No.. to No. S -0- Net changes Gam previous Change Orders No. to No. -0- Contract Price prior to this Change Order S 874,400.00 Conrad rimes priarto this Clange Order Substantial Completion 06 Jul 99 - 330 days Ready fa final payment: 05 Aug 99. 360 days Not macs.- (decrease) of this Change Order $ (2000001 Net Increase (deereasc) of this Change Order Final Completion 78 days Contact Prim with all approved Change Orders $ 872,400.00 - Conrad rum with all approved Change Orders Subalarsial Completion: 02 M899 • 356 days Ready far find payment: 22Od99 99 - 438 days 15 \ e as a: tea! •rpp % • 1 it •,,.r. Al ( 14 n.' 1 -i Yl=• �. . P /- ", c os eI s: EJCDC No. 1910-8-8(1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. J CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that•affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract Price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. , q.. . • � ` i.•Y,. .fly 3 , I tJ 4 b•. t rz FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Sid Norbash, Engineering From: Heather Woodruff, City Clerk Date: March 1, 2000 Attached is a copy of the completed staff review forms and change order for the construction contract with Pitt -Des Moines Inc. I am also returning three originals for you to distribute. The originals will be microfilmed and filed with the City Clerk. cc: Yolanda Fields, Internal Auditor CONTRACT • OWNER EXHIBIT A SPECIFICATIONS AND CONTRACT DOCUMENTS MICROFILMED WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area Contract Section III Gulley Road Elevated Water Storage Tank w�MRwt ��4i.,!'is ENO",L For the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-268 February, 1998 McGoodwin, Williams and Yates, Inc. rj stpTE `�o� Consulting Engineers fAa SAS Fayetteville, Arkansas 07998 McGoodwin, Williams and Yates y REGISTEM NO. 454 ,fS R. N«'�f AL ' ADDENDUM NO. 2 I. Water System Improvements Phase II - Highway 45 East Area 1 1 1. Tn An -r nrr'rl ,.i III For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February, 1998 ' The Plans for the above project are hereby changed or clarified in the following particulars: ' PLANS ' Sheet Cl 1) In the Legend, the item labeled "New Concrete Paving" shall be changed to read "AHTD Aggregate Base Course - Class 7 " 2) The Asphalt Drive Typical Section shall be changed from "3 Inch Hot Mix Asphalt" to "2 Inch Hot Mix Asphalt." ' Sheet D1 Ii) The RCP Pipe Bedding Detail shall be changed as follows: •The tracer tape shall be omitted. •The words "water line" shall be changed to read "drain line." GENERAL Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (501)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. 1 ' June 17, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-4340 II I I I I I I I PLANS ' Sheet El I1) The Electrical Site Plan has been revised to clarify electrical service requirements. (See attached.) ' 2) Add Service Pole Detail to Sheet El. (See attached.) GENERAL ' Acknowledge receipt of this Addendum by returning the attached acknowledgment form by facsimile transmission to the Engineer at (501)443-4340. Also acknowledge receipt of the Addendum in the space provided on page 5-1 of the Bid. Attachments (3) ' June 12, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 ' Phone (501)443-3404 FAX (501)443-4340 ADDENDUM NO. 1 Water System Improvements Phase II - Hiphwav 45 East Area For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February, 1998 The Specifications and Contract Documents and the Plans for the above project are hereby changed or clarified in the following particulars: SPECIFICATIONS Section 4 - Wage Determination 1) Enclosed is page 4-2a, which is a letter from the Arkansas Department of Labor setting out a basic hourly minimum rate for Painter. This letter is to be made a part of the Specifications, inserted between page 4-2 and 4-3. I I I Mike Huckabee acvemot I I Mr. Jeffrey L. Richards, P.E. McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • u- TL.E ROCK, ARKANSAS 72205-2190 (501) 692.4600 • FAX: (501) 992-4535 • TDD: (900) 295-1131 June 8, 1998 Re: Water System Improvements, Phase II— Hwy 45 East Contract Section III— Gulley Road Elevated Water Storage Tank Fayetteville, Arkansas Washington County Determination #97-410 Dear Mr. Richards: Listed below are the minimum rates required for the classifications requested on the above -referenced project. ' Please be advised that you may object to the department's decision by filing a written objection with the department within five (5) days of receipt of this notice. ' CI �aifi +,lion C Honriv Ritt Frioae Beeefit9 ' Painter $7.75 -0- James L. Salkeld ' Should you have any questions, please feel free to contact me at the above -address or call (501) 682-4599. Sincerely, ' Karen Robertson Prevailing Wage Investigator I 4-2a POWER POLES / FURNISH AND INSTALL FURNISH AND INSTALL 1-1 1/4" GRC CONDUIT WITH NEW SERVICE POLE 2-M2 WIRES, M6 GND FROM SEE DETAIL NEXT SHEET /// SERVICE POLE TO PANEL ., i ' in'• a i♦ - d � 1 �^ tti f..ve1 !,"�y mn e _al"nom t- ]Hai l QL d' n p ! I 'I /' q t`4+y. a °. ,r • d .I !)5 r/Ftg :d • �. a .' d i dB5jf Y: a _4!'yri[ ° r jj w I - 1R 1 I .x` C �y1l Y IVY lT Pfr /'.! PY ry•y;Y t {�W PTi ~ I I � i �a k61 .1/ vi. 1 .l�l i 9r -✓ v ' '1 � \{ µ{ v.✓ li t'JG n L .��..£ a /1 Yom. / �. .x .'Ii"`£ j 1 \ t� / 1 ..+�� 1 `/i♦f rirrrt �f'Mwn'Nb I.� 6N� 'f' ' tr . � %. 1�� - � . ♦p1 41+11 .V:7�kr alx� . :. ~.Y♦ ! \1♦ • , � lJ f� ♦ /l ..... / M1 i {Y" ?G+ r 1 r r ry / 1 i1 . r ! '/ / '' Ff fl 1... t �\ a r ' �� /1 \C. • \(N 1 . I 0 ELECTRICAL SITE PLAN 10=30' FJ C ADDENDUM No. I ,NNE 12, 1998 CONTRACT SECTION III - GULLEY ROAD ELEVATED STORAGE TANK HIGHWAY 45 EAST AREA - PHASE II FAYETTEVILLE, ARKANSAS TANK SITE El ELECTRICAL PLAN 1998 MCGOODWIN, WILLIAMS AND YATES, INC. °A""" s ours NO. © CONSULTING ENGINEERS—FAYETTEVILLE, ARK. 1 SHZ FY268 I I. 1 1 i I. 1 1 i 1 1 1 I. 1 1 1 1 1 NOTE: CONTRACTOR TO COORDINATE WITH SERVING UTILITY AND OWNER TO PROVIDE ALL ITEMS AS NECESSARY FOR A NEW 120/240 VOLTS, SINGLE PHASE SERVICE AS REQUIRED. WEATHERHEAD OVERHEAD ELECTRICAL SERVICE BY OTHERS METER SERVICE POLE 100 AMP, 2 POLE NON -FUSED DISCONNECT WITH SURGE ARRESTOR SQUARE D AHOM2175SB, OR EQUAL, IN NEMA 3R ENCLOSURE =111 III -III 0 o II I- ITS_ — '� I TO PANEL N SERVICE POLE DETAIL NOT TO SCALE ADDENDUM No. 1 JUNE 12, 1998 CONTRACT SECTION III - GULLEY ROAD ELEVATED STORAGE TANK HIGHWAY 45 EAST AREA - PHASE II FAYETTEVILLE* ARKANSAS TANK SITE El ELECTRICAL DETAIL 1998 McG00DWIN, WILLIAMS AND YATES, INC. I°A e. vius Na CONSULTING ENGINEERS—FAYETTEVILLE, ARK. j SHZ FY268 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area Contract Section III Gulley Road Elevated Water Storage Tank For the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-268 February, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas ®7998 McGoodwin, Wlfiams and Yates I ' TABLE OF CONTENTS 1 ADVERTISEMENT FOR BIDS 2 INSTRUCTIONS TO BIDDERS 4 ARKANSAS DEPARTMENT OF LABOR WAGE DETERMINATION 5 BID 6 AGREEMENT 7 PERFORMANCE BOND AND PAYMENT BOND 8 GENERAL CONDITIONS SC SUPPLEMENTARY CONDITIONS IDIVISION 1 - GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01025 METHODS OF MEASUREMENT AND PAYMENT 01301 SCHEDULES 01312 SEQUENCE OF THE WORK 01335 SUBMITTALS 01660 TESTING 01800 OPERATION AND MAINTENANCE MANUALS I DIVISION 2 - SITEWORK 02100 02460 02461 02620 02640 02643 ' 02831 02835 02920 SITE PREPARATION HOT -MIXED ASPHALT PAVING AGGREGATE BASE COURSE, CLASS 7 DISINFECTION OF WATER STORAGE FACILITIES - METHOD 3 PROCESS PIPING, FITTINGS, VALVES & APPURTENANCES FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES CHAIN LINK FENCE CEDAR -CLAD FARM -TYPE GATE CLEANUP AND SEEDING I I I I I I DIVISION 3 - CONCRETE 03200 REINFORCING STEEL 03300 CAST -IN -PLACE CONCRETE 03310 APPURTENANT CONCRETE MATERIALS, JOINT FILLERS, WATERSTOPS, AND MISCELLANEOUS METALS DIVISION 9 - FINISHES 09800 PAINTING/EQUIPMENT, PIPING, VALVES AND FITTINGS 09905 TANK PAINTING IDIVISION 11 - EQUIPMENT I I DIVISION 16 - ELECTRICAL ' 16000 BASIC ELECTRICAL REQUIREMENTS 16050 ELECTRICAL MATERIALS AND METHODS 16120 WIRE AND CABLES 16140 WIRING DEVICES 16195 ELECTRICAL IDENTIFICATION 16421 SERVICE ENTRANCE BREAKER 16470 CIRCUIT BREAKER PANELBOARDS ' 16515 LIGHTING FIXTURES 16950 INSTRUMENTATION AND CONTROL 16995 MISCELLANEOUS ELECTRICAL 11398 MISCELLANEOUS ITEMS AND EQUIPMENT DIVISION 13 - SPECIAL CONSTRUCTION 13659 0.75 MG FLUTED -COLUMN STORAGE TANK I I I ii I C I ADVERTISEMENT FOR BIDS Notice is hereby given that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be received at the Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:30 p.m. on June 18, 1998, for furnishing all tools, materials and labor and performing the necessary work for construction of Water System Improvements; Phase II - Highway 45 East Area; Contract Section III: Gulley Road Elevated Water Storage Tank [City of Fayetteville Bid No. 98-51]. At this time the bids received will be publicly opened and read aloud in Room 326 of City Hall. The work generally consists of: IA 750,000 gallon welded steel, fluted -column, elevated water storage tank (114.25 foot height to overflow, with 40 foot range of water storage), with a foundation. The work shall include construction of an access road, the ' design (both tank and foundation), testing, sandblasting, painting, installation of piping and valves, sitework, disinfection, electrical, and all items set out in the plans and specifications for a complete installation. Plans and specifications are on file and may be examined at the office of the Public Works Department, City of Fayetteville, and in the office of McGoodwin, Williams and Yates, Inc., Consulting Engineers, 909 Rolling Hills Drive, Fayetteville, Arkansas 72703. Copies of these documents may be obtained from the office of said engineers upon request, and upon the payment of $50.00 for plans and $50.00 for specifications, a total ' of $100.00, which is not refundable. The contractors shall make such inspection and studies of the site of the work as to familiarize themselves with all conditions to be encountered. Each bid must be accompanied by an acceptable statement of bidder's qualifications. The requirements of the bidder's statement of qualifications will be furnished to prospective bidders with plans and specifications. Each bid must be accompanied by an acceptable form of bid guaranty in the amount equal to at least five percent of the whole bid, and such bid bond or cashier's check shall be subject to the conditions provided in the Instructions to Bidders. Bids must be made upon the official bid sheets contained in the specifications, and such bid sheets shall noj be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope I. specifying that it is a bid for Water System Improvements; Phase II - Highway 45 East Area; Contract Section III: Gulley Road Elevated Water Storage Tank [City of Fayetteville Bid No. 98-51], the time for opening of bids, and the name and current contractor's license number of the bidder. All bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended. 1-1 The City Council reserves the right to reject any and all bids and to waive any informalities in the proposal deemed to be in the best interests of the City. The City Council further reserves the right to withhold the awarding of the contract for a period not to exceed 60 days after the receipt of bids. Dated this 17th day of May , 1998. /s/ Peggy Vice Peggy Vice, Purchasing Officer F 1-2 I Instructions to Bidders I 1 I I 1 I. INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined In the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder" means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS ' 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. t2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the ' above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. ' 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the • Work, each Bidder must submit with his Bid detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called I for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 1 1 2-1 Instructions to Bidders II STATEMENT OF BIDDER'S QUALIFICATIONS • All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. I 1) Name of Bidder. 2) Permanent main office address. 3) When organized, , 4) If a corporation, where incorporated. 5) How many years have you been engaged in the contracting business under your present firm or trade name? 6) Contracts on hand. (Schedule these, showing amount of each contract and the 1 appropriate anticipated dates of completion.) 7) General character of work performed by your company. 8) Have you ever failed to complete any work awarded to you? I 9) Have you ever defaulted on a contract? If so, where and why? 10) List the more important projects recently completed by your company, stating the , approximate cost for each, and the month and year completed. 11) List your major equipment available for this contract. I 12) Experience in construction similar in size to this project, along with project owners and engineers. 13) Background and • experience of the principal members of your organization, including the officers. - , 14) Credit available: $ 15) Give bank reference: 16) Will you, upon. request, fill out a detailed financial statement and furnish any other 1 information that may be required by the Owner? Dated at I this day 1 of____________________,19 . 2-2 Instructions to Bidders 1 Name of Organization: I State of It I. 1 I By Title County of ) being dulyswom deposes and says that he (she) is the of , Contractor(s), and that answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn before me this day of 19 My commission expires (Seal) Notary Public 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder before submitting a Bid: 4.1.1 to examine thoroughly the Contract Documents and other related data identified ' in the Bidding Documents (including "technical data referred to below); 4.1.2 to visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work; 4.1.3 to consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work; 4.1.4 to study and carefully correlate Bidder's knowledge and observations with the Contract Documents and such other related data; 4.1.5 to promptly notify Engineer of all conflicts, errors, ambiguities or discrepancies which Bidder has discovered in or between the Contract Documents and such other related documents. 2-3 Instructions to Bidders iI If 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of,subsurface conditions at or contiguous 1 to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data' contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on 1 request. Those reports and drawings are not part of the Contract Documents, but the "technical data contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established In paragraph SC -4.2 of the Supplementary Conditions. Bidder Is responsible for any interpretation or conclusion drawn from any "technical data' or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will; at Bidder's own expense, be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to. conduct such examinations, investigations, explorations, tests and studies as each Bidder 2-4 ! Instructions to Bidders 1 deems necessary for submission of a Bid. Biddef shall fill all holes and clean up and ' restore the site to its former condition upon completion of such explorations, investigations, tests and studies. ' 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder I. that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract ' Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and Idiscrepancies that Bidder has discovered in the Contract Documents and the written ; resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos, ' Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. 5. AVAILABILITY OF LANDS FOR WORK, ETC. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for ' permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be ' directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. ' 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. I 2-5 Instructions ' to Bidders 7. BID SECURITY 7.1 Each Bid must be accompanieiby Bid security made payable to Owner in an 1 amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued, by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within 15 days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the 61st day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening. 8. CONTRACT TIMES. The numbers of days within which, or the dates by which, the Work Is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.12 of the General Conditions) are set forth in the Agreement (or incorporated therein by reference to the attached Bid Form). 9. LIQUIDATED DAMAGES. Provisions for liquidated damages, if any, are set forth in the Agreement. 10. SUBSTITUTE OR "OR -EQUAL" ITEMS. The contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or -equal" item of materials or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in paragraphs 6.7.1, 6.7.2 and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. 11. SUBCONTRACTORS. SUPPLIERS AND OTHERS. The Contractor shall not assign or sublet all or any part of this Contract without the prior written approval of the Owner nor shall the Contractor allow such Subcontractor to commence Work until he has provided such workers' compensation and public liability insurance as may be required. The approval of each subcontract by the Owner will in no manner release the Contractor ' from any of his obligations as set out in the Plans, Specifications, Contract and Bonds. 2-6 1 I I I I Instructions to Bidders 12. BID FORM 12.1 The Bid Form is Included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant I secretary. The corporate address and state of incorporation must be shown below the signature. 12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 All names must be typed or printed below the signature. 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). I12.7 The address and telephone number for communications regarding the Bid must be shown. I12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above. State contractor license number must also be shown. 13. SUBMISSION OF BIDS. Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent ' through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID CnDRA CUAI I MnT PP RFMnVFn FRnM THE SPECIFICATIONS AND CONTRACT 14. MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14.2 If, within 24 hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that ' 2-7 Instructions to Bidders Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents. 15. OPENING OF BIDS. Bids will be opened and. (unless obviously nonresponsive) read aloud publicly at the place where Bids are to be submitted. A tabulation of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after preparation by the Engineer, 16. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All bids will remain subject to acceptance for 60 days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 17. AWARD OF CONTRACT 17.1. Owner reserves the right to reject any and all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner. Owner also' reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the Indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award. 17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment. proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish .the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 17.5 If the contract is to be awarded, it will be awarded to the lowest responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. I I I I I I I I I I I J I I I I F2:1! ' Instructions to Bidders 17.6 If the contract is to be awarded, Owner will give the Successful Bidder a Notice ' of Award within 60 days after the day of the Bid opening. 18. CONTRACT SECURITY. Paragraph 5.1 of the General Conditions and the ' Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. I I U I 19. SIGNING OF AGREEMENT. When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within 15 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds. Within ten days thereafter Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification. 20. COMPLIANCE WITH STATE LIC accordance with the requirements of A State Licensing Law for Contractors' must submit evidence of their having considered, and shall note their license ENSING LAW. Contractors must be licensed in ,ct 150, Arkansas Acts of 1965, the •Arkansas Bidders who submit Bids in excess of $20,000 a contractor's license before their bids will be number on the outside of their Bid. ' 21. LABOR LAWS. The Contractor shall abide by all federal, state and local laws governing labor. The Contractor further agrees to save the Owner harmless from the payment of any contribution under the State Unemployment Compensation Act, and the Contractor agrees that if he is subject to the Arkansas State Unemployment Act, he will make whatever contributions are required under and by virtue of the provisions of said Act. ' 22. WAGES AND LABOR. Minimum wage rates shall be equal to basic rates as established by common usage in the city and adjacent community for the various types ' of labor and skills performed. In case wage rates are specified In the Contract Documents, the rates as specified shall be the minimum rates which apply to the Project. Whenever available, local common labor shall be used and whenever practical, skilled and semi -skilled labor, if available, shall be used. The Contractor and each Subcontractor, where the contract amount exceeds $75,000, shall comply with the provisions of Act 74, as amended by Act 275 of 1969 (Ark. Stat. 14-630). The provisions are summarized below. ' The Contractor and Subcontractor shall: 1) pay the minimum prevailing wage rates for each craft or type of workman ' and the prevailing wage rate for holiday and overtime work, as determined by the Arkansas Department of Labor. 2) post the scale of wages in a prominent and easily accessible place at the site of the Work. ' 2-9 Instructions to Bidders 3) keep an accurate record showing the names and occupation and hours worked of all workmen employed by them, and the actual wages paid to each of the workmen, which record shall be open at all reasonable hours to the inspection of the Department of Labor or the Owner, its officers and agents. The Owner shall have the right to withhold from amounts due the Contractor so much of accrued payments as may be considered necessary to pay the workmen employed by the Contractor or any Subcontractor, the difference between the rates of wages required by this Contract and the rates of wages received by such workmen. If it is found that any workmen employed by the Contractor or a Subcontractor has been or is being paid a rate of wages less than the rate of wages required by this Contract, the Owner may by written notice to the Contractor, terminate his right to proceed with the Work or such party of the Work as to which there has been a failure to pay the required wages and to prosecute the Work to completion by Contract or otherwise, and the Contractor and his sureties shall be liable for any excess costs occasioned thereby. 23. COMPLIANCE WITH ACT 125. ARKANSAS ACTS OF 1965. The attention of all Bidders is called to the provisions of Act 125, Arkansas Acts of 1965. This act provides for payment for certain taxes on materials and equipment brought into the state. It further provides for methods of collecting said taxes. All provisions of this Act will be complied with under this Contract. . 24. 1 WITHHOLDING STATE INCOME TAXES. The Contractor shall deduct and withhold Arkansas. income taxes, as required by Arkansas law, from wages paid to employees, whether such employees are residents or nonresidents of Arkansas. 25. COMPLIANCE WITH RULES AND REGULATIONS FOR THE ENFORCEMENT AND ADMINISTRATION OF ACT 162. ARKANSAS ACTS OF 1987. The attention of all NON-RESIDENT BIDDERS is called to the provision of Act 162, Arkansas Acts of 1987. This act provides for non-resident contractors and subcontractors notice and bond regulations by the Commissioner of Revenues, Department of Finance and Administration, Post Office Box 1272, Little Rock, Arkansas 72203 prior to commencing work or undertaking to perform any duties under any contract within the State of Arkansas. 2-10 ,. I Mike Hufkabee awemer James L. Salkeld oiwn STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LfITLE ROCK, ARKANSAS )2205-2180 (501) 682.4500 • FAX: (501) 882-4636 • TOD: (800) 285-1131 May 19, 1998 '• Jeffrey L. Richards, P. E. McGoOdwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 Re: Water System Improvements, Phase Il - Hwy 45 East Contract Section III - Gulley Road Elevated Water Storage Tank Fayetteville, Arkansas Washington County Dear Mr. Richards: ' In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 97-410 establishing the minimum wage rates to be paid on the above -referenced project. These rates were established pursuant to the Arkansas Prevailing Wage Law, Ark. Code Ann. §§ 22-9-301 to 22-9-315 and the administrative regulations promulgated thereunder. lithe work is subject to the Arkansas Prevailing Wage Law, every specification shall include ' minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Arm. §§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be ' inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). ' Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). C J I • •i •:_• !1 _!-.L•_'.-wu is . iii: . ;q•.• •ii ii If you have any questions, please call me at (501) 682-4599. Enclosures Sincerely, Karen Robertson Prevailing Wage Investigator I 4-1 Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE I I I DATE: May 19, 1998 PROJECT: Water System Improvements Phase II - Hwy 45 East Contract Section III Gulley Rd. Elevated Water Storage Tank Fayetteville, Arkansas CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker Laborer Pipelayer Truck Driver Power Equipmeet Operators: Bulldozer Backhoe, Rubber tired 1 yd. or less Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. Front End Loader Mechanic Motor Patrol, Finish Motor Patrol, Rough Roller Scraper, Rough DETERMINATION 0: 97-410 COUNTY: Washington EXPIRATION DATE: 11-19-98 SURVEY I: 797-AH05 BASIC HOURLY FRINGE RATE BENEFITS 7.75 10.35 1.90 9.40 12.00 ,72 15.50 .46 5.87 7.75 8.90 9.20 12.55 9.70 11.90 14.00 1.65 11.85 14.70 13.05 9.00 .17 8.05 11.25 Welders --receive rate prescribed for craft performing operation to which welding is incidental. ' CLASSIFIC.ATIQRS WORKING ON THIS T€PARTME&T Or L ' REQUESTS SHOULD CLASSIFICATZO117 PROCESS. 1 Certified July 1, 1997 • 31• =r r• • - • - •O • :r. f •'I : . .'>l• • 1. •, _.•S. �. ••v •; .•r. •I• r •: •I I 4-2 I U 4-3 0 O 42G I' BID Water System Improvements Phase II - Highway 45 East Area I. CONTRACT SECTION III GULLEY ROAD ELEVATED WATER STORAGE TANK ' For the City of Fayetteville, Arkansas Plans No. Fy-268 • Dated February, 1998 ' City of Fayetteville Purchasing Office, City Hall 113 West Mountain Street Fayetteville, Arkansas 72701 To Mayor Hanna and the City Council: 1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter Into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. P2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the Contract Agreement with the Bonds and other documents required by the bidding requirements within fifteen days after the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Contract Agreement, ■ that: ■ a) Bidder has examined copies of all the Bidding Documents and of the following addenda (receipt of which is hereby acknowledged) ' Date Number ' June 12, 1998 1 June 17, 1998 2 I Li and such addenda are attached to the Bid. I 5-1 I I I I I I I I I I El 1 I J I b) Bidder has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. c) Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. d) Bidder has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Bidder accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions. Bidder acknowledges that such reports and drawings are not Contract Documents and may not be complete for Bidder's purposes. Bidder acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Bidder and safety precautions and programs incident thereto. Bidder does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. e) Bidder is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. f) Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. g) Bidder has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not I 5-2 directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. The following documents are attached to and made a condition of this Bid. Required Bid Security in the form of bid bond or certified or cashier's check for Five Percent Maximum Amount Bid ($ 5% M.A.B. 1 5. The Bidder will complete the Work for the following unit and lump sum prices: Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 1. Lump Sum Elevated Water Storage Tank, including sitework, access road, design (both tank and foundation), testing, sandblasting, painting, installation of piping and valves, disinfection, cleanup and seeding, and all other work, complete in place Eight Hundred Seventy -Three Thousand Four Hundred and no/100---------------- dollars $ 873,400.00 DollarAmountwritten in Words) (In Figures) 2. Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly One Thousand and no/100------------------------- dollars 1,000.00 874,400.00 TOTAL BID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. (continued) The contract, if awarded, will be based on the lowest bid accepted by the City of Fayetteville, Arkansas. Unit prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. Bidder acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. Amounts are to be shown in both words and figures. In case of discrepancy, the amount shown in words, unless obviously incorrect, will govern. 5-3 I I I I I F The above unit and lump sum prices shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. The Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. 6. The Bidder agrees that the Work will be substantially complete within 330 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 360 calendar days after the date when the Contract Times commence to run. 1 7. I I Bidder accepts the provisions of the Contract Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. Communications concerning this Bid shall be addressed to the address of Bidder indicated below. 8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. Submitted this 18th day of June .1998 ' Respectfully submitted, I. PITT -DES MOINES, INC. (Firm Name) By /s/ Jack M. Marlatt Jack M. Marlatt /s/ R. F. Geisler, Asst. Secretar Attorney -in -Fact Attest: yl-itle I(Seal, if bid is by corporation.) Arkansas License No. C I I I 34160499 175 TownPark Drive, Suite 240 Kennesaw, GA 30144 (Business Address & Zip Code) (800)543-2938 (770)420-9191 (770)420-9155 fax I 5-4 INFORMATION REQUIRED OF BIDDER LIST OF SUBCONTRACTORS: The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the state who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the prime contractor's total Bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Subcontractor License Work to be Performed Number t Electrical & Instrumentation o Foundations, All C. Sitework, Piping subsidiary & Painting, Fencing SUB TO PDM HYCON: 3 Sitework, 0027470399 22% Access & Water Lines PDM HyCon, Attach additional sheets if required. Subcontractor's Name & Address Mena Electric P. O. Box 77 Mena, AR 71953 Jerry D. Sweetser, Inc. 590 W. Poplar Fayetteville, AR 72703 I I I I I I I I I I AQREEMENT THIS AGREEMENT is dated as of the _a JS* dayof _1c IV , intheyearl9_byandbetween the City of Fayetteville, Arkansas (hereinafter called OWNER) and Pitt -Des Moines, Inc. of Kennesaw, Georgia (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: Water System Improvements; Phase II - Highway 45 East Area; Contract Section III: Gulley Road Elevated Water Storage Tank, and all associated items, which consists of all items as set out in the Bid (City of Fayetteville Bid No. 98-51), and these Plans and Specifications No. Fy-268, dated February, 1998, including all work required for a complete installation. Article 2. ENGINEER The Project has been designed by McGoodwin, Williams and Yates, Inc., who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities and have the rights and authority assigned to Engineer in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The Work will be substantially completed and in service within three hundred thirty (330) days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within three hundred sixty (360) days after the date when the Contract Times commence to run. 3.2 Uquidated 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 6-1 I I I I I I [1 I I I shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified In paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, If Contractor shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner five hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being Eight Hundred Seventy -Four Thousand Four Hundred and no/100------------- —874,400.00 (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by Engineer as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.1 Progress Payments; Retainage. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment as recommended by Engineer, on the last Friday of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer. Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional I 6-2 I I I I Li I I I I I retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 95% of the Work completed. 100% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to Owner as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said paragraph 14.13. Article 6. CONTRACTOR'S REPRESENTATIONS In order to induce Owner to enter into this Agreement, Contractor makes the following representations: 6.1 Contractor has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 7) and the other related data identified in the Bidding Documents including "technical data. 6.2 Contractor has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 6.3 Contractor is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 6.4 Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. Contractor accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which Contractor is entitled to rely as provided in paragraph 4.2 of the General Conditions. Contractor acknowledges that such reports and drawings are not Contract Documents and may not be complete for Contractor's purposes. Contractor acknowledges that Owner and Engineer do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise I 6-3 I I I I 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. I I I 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 I The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 1 7.1 This Agreement. I 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 1 7.4 Notice to Proceed. IT] L 7.5 General Conditions. 7.6 Supplementary Conditions. 7.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 1 7.8 Drawings consisting of seven sheets. I I 7.9 Addenda numbers 1 7.10 Contractor's bid. to 2 , inclusive. 1 6-4 u I I I I I I I I I 7.11 Documentation submitted by Contractor prior to Notice of Award. 7.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 7. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 8. MISCELLANEOUS 8.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings Indicated in the General Conditions. 8.2 No assignment by a party hereto of any rights under or interests In the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary In any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.3 Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained In the Contract Documents. 8.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. One counterpart each has been delivered to Owner, Contractor and Engineer. All portions of the Contract Documents have been signed, initialed or identified by Owner and Contractor or identified by Engineer on their behalf. i 6-5 II HI II This Agreement will be effective on SG 2 1 19 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: City of Fayetteville, Pitt -Des Moines, Inc. Arkansas By: Fled Hanna, Mayor [Corporate Sean Attest 2$C ( aeath�r Inman Wood "ivff Address r'or auving INtoClerk 113 West Mountain Street rVw - �v Marlatt, Attorn ey-in- ct ito Seal] _, I Asst. Secretary Address for Giving Notices 175 TownPark Drive, Suite 240 Fayetteville, Arkansas 72703 Kennesaw, Georgia 30144 6-6 I I I I I I I I! I I I I I H I I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That PITT -DES MOINES, INC., Neville Island, Pittsburgh, Pennsylvania 15225. a Pennsylvania Corporation (the "Company"), has constituted and appointed, and does constitute and appoint JACK M. MARLATT its true and lawful Attorney -In -Fact, to execute contracts and proposals for the sale of materials or the construction of work by the Company, and to execute bid, maintenance, performance and payment bonds concerning obligations of the Company where such bonds are to be used in connection therewith. This appointment is made in accordance with the authority of the Board of Directors who duly adopted the following resolution at a duly constituted meeting which resolution is still in full force and effect: "All proposals, commercial contracts, bonds, certificates, affidavits, and all other documents incident to the business of this Company shall be valid when signed by the Chief Executive Officer of the Company, the Chairman of the Board of Directors, the Chairman Emeritus of the Board of Directors, the Vice Chairman, the President, a Vice President, a Group or Division President, an Executive Vice President, a Group or Division Executive Vice President, the Secretary, Treasurer, Controller or an Assistant Secretary or other duly authorized representative or agent of the Company and when sealed with the seal of the Company, and if signed within the limits of his sphere of responsibility. All proposals and contracts for the sale of materials or the construction of work by the Company, and bid, maintenance, performance and payment bonds concerning obligations of the Company used in connection therewith, shall be valid when executed by an Attorney -In -Fact." IN WITNESS WHEREOF, PITT -DES MOINES, INC. has caused these presents to be signed by its President, and its corporate seal to be thereunto affixed and duly attested by its Secretary this 5'" day of January, 1998. AU (SEAL (SEAL COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY PITT -DES MOINES, INC. By: Li�i•��%CJ //Cil ���� President On this 5"' day of January, 1998, before me personally appeared Wm.W. McKee, President of PITT -DES MOINES, INC., who being duly sworn, said that he is President of PITT -DES MOINES, INC., the Corporation described in and which executed the foregoing instrument; that he knows the Corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto as President of said Corporation by like authority. A t I. n (SEAL) Notarial Seal COMMONWEALTH OF PENNSYLVANIA ) Ann Martin Criss, Notary Public SS: Neville Twp., Allegheny County COUNTY OF ALLEGHENY ) My Commission Expires Aug. 12, 2000 Member. Pennsylvania Association of Notaries I, Thomas R. Lloyd, Secretary of PITT -DES MOINES, INC. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by PITT -DES MOINES, INC., which is still in full force and effect. IN WITNESS WHEREOF, I have signed this ificate at Pittsburgh, Pennsylvania this /s f day of 1998. / (SEAL) Secretary I IPond No. 14002727 I PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Pitt -Des Moines, Inc. corporation a (2) hereinafter called "Principal" and (3) Liberty Mutual Insurance company 1 of Boston . State of Massachusetts hereinafter called the "Surety,` are held and firmly bound unto (4) the city of Fayetteville, Arkansas. hereinafter called the "Owner; In the penal sum o Eight Hundred Seventy -Four Thousand Four Hundred and no/100---- dollars ($ 874, 400. oo ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severalty, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with Owner, dated the day of 19: a copy of which is hereto attached and made a part hereof for the construction of: • Water System Improvements; Phase II- Highway 45 East Area; Contract Section III: Gulley Road Elevated Water Storage Tank; Fayetteville, Arkansas; Plans No. Fy-268. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms and conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands I. incurred under such contract, and which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain In full force and effect PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 7-1 I This bond is given In compliance with Act 351. Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement IN WITNESS WHEREOF, this instrument is executed In six (6) counterparts, each one of which shall be deemed as original, this the a i s i. day of J. Iv 1988 I) Secretary Witness as to Principaf 175 TownPark Drive, Suite 240 Kennesaw, GA 30144 Address Attest: Pitt -Des Mo' es/ 'ri al Ja x M3. Marlatt, 175 TownP�rk Drive, Suite 240 Kennesaw Georgia 30144 Y' (2i LIv' Liberty Mutual Insurance Company P. 0. Box 550 Little Rock, AR 72203 lMsttsess as to Surety Address P 0. Box 550 Little Rock, AR 72203 Address NOTE: Date of bond must not be prior to date of contract. V. . •• :11• • 1 • 1 • • 1 •: • M 5r 'I*LhJ 1 ja • I. • • • • • ••• • I • ♦ • 1 I • 7-2 I I I I I I I I Ti I I I I 11 I I POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That PITT -DES MOINES, INC., Neville Island, Pittsburgh, Pennsylvania 15225, a Pennsylvania Corporation (the "Company'), has constituted and appointed, and does constitute and appoint JACK M. MARLATT its true and lawful Attorney -In -Fact, to execute contracts and proposals for the sale of materials or the construction of work by the Company, and to execute bid, maintenance, performance and payment bonds concerning obligations of the Company where such bonds are to be used in connection therewith. This appointment is made in accordance with the authority of the Board of Directors who duly adopted the following resolution at a duly constituted meeting which resolution is still in full force and effect: "All proposals, commercial contracts, bonds, certificates, affidavits, and all other documents incident to the business of this Company shall be valid when signed by the Chief Executive Officer of the Company, the Chairman of the Board of Directors, the Chairman Emeritus of the Board of Directors, the Vice Chairman, the President, a Vice President, a Group or Division President, an Executive Vice President, a Group or Division Executive Vice President, the Secretary, Treasurer, Controller or an Assistant Secretary or other duly authorized representative or agent of the Company and when sealed with the seal of the Company, and if signed within the limits of his sphere of responsibility. All proposals and contracts for the sale of materials or the construction of work by the Company, and bid, maintenance, performance and payment bonds concerning obligations of the Company used in connection therewith, shall be valid when executed by an Attorney -In -Fact." IN WITNESS WHEREOF, PITT -DES MOINES, INC. has caused these presents to be signed by its President, and its corporate seal to be thereunto affixed and duly attested by its Secretary this 5"' day of January, 1998. a ATT PITT -DES MOINES, INC. By:__::mL l.• President COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY On tthis 5"' day of January, 1998, before me personally appeared Wm.W. McKee, President of PITT -DES MOINES, INC.rwho being duly sworn, said that he is President of PITT -DES MOINES, INC., the Corporation described in and which executed the foregoing instrument; that he knows the Corporate seal; that it was so affixed by. order of the Board of Directors of said Corporation, and that he signed his name thereto as President of said Corporation by like authority. - Notary Public Notarial Seal COMMONWEALTH OF PENNSYLVANIA ) Ann Martin Criss, Notary Public SS: Neville Twp., Allegheny County COUNTY OF ALLEGHENY ) My Commission Expires Aug. 12, 2000 Member, Pennsylvania Association of Notaries I, Thomas R. Lloyd, Secretary of PITT -DES MOINES, INC. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by PITT -DES MOINES, INC., which is still in full force and effect. IN;WITNESS WHEREOF, I have signed this ificate at Pittsburgh, Pennsylvania this 2 Iii day of (SEAL) y Secretary I THIS'POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 4407 37 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the ' manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS I. POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty. Mutual Insurance Company (the: "Company"), a Massachusetts mutual insurance company, pursuant to -and by authority, of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT`CASHION, JR., WILLIAM R. PLEGGE, WILLIAM H. GRIFFIN, JUDY SCHOGGEN, SHEILLA J. SMITH, ALL OF THE CITY OF LITTLE ROCK, STATEOF ARKANSAS....................:.............................:.............:.................... ... ........ .. .... .. . .........I.a. .. .. . .... .... ,each individually if there be more than one named, its true and -lawful attomey-in-fact.to: make, executes: seat, acknowledge and deliver, for and on its behalf as surety and as its act and deed; -any and all undertakings, bonds, recognizances and other surety, obligations in the penal sum not exceeding WENTYclurs: +••+••••+»•*•_••••�•+•++•••• - _ DOLLARS ($ 25,000,000 •••""••` ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as it they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. w That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Y rb Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such C w limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the c company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such pf instruments shall be as binding as if signed by the president and attested by the secretary. 'By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -tact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact t m as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, NCI bonds, recognizances and other surety obligations. in That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been affixed t t in Plymouth Meeting, Pennsylvania this 23rd day of March , 19 98 n 5NZ '^rt f LIBERTY MUTUAL INSURANCE COMPANY • B ' y Garnet W. Elliott, Assistant Secretary •d, COMMONWEALTH OF PENNSYLVANIA ss !O ` COUNTY OF MONTGOMERY v On this 23rd day of March ,.A Dt 19_98 , before me, a Notary Public, personally came the individual, known to C me to be the therein desc "ndi (dual and officer. of Liberty Mutual Insurance Company. who executed the preceding instrument, and he acknowled- C ged that he executed ar£e`act4hai the seal- affixed to the said preceding. instrument is the corporate seal of said company; and that said corporate seal and his signatu r �y. - td wwas duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO EREOF,�S7 b set.my hand and affix my official seal at Plymooru Meeting, P , thheday arid year first above written. J OF * NO]XLU SEAL - /�1 �/�%1/1/./ - 9GI•�L/-CA1.f% DONNA F SMJ-cLf1S Nrx,ycf D,c Ptyutbrwp.,Montaonr•rycofmiy j NotaryPubiic L ��/ySyLNP � '^"•—^—CERTIFIC'A E 1, the undersigne I talc retary of Liberty Mutual Insurances Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the ' said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. ' VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever,appeariag upon a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company;witMthe same foiceand effect as though manually affixed. 1 = ,� ; -' rti IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said companyl this r`��' day of yi •'+ sistant ec etary -%'�' . = M Z .. THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER INarch'23 ~ - tY , 20 00 Bond No. 14002727 IPAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) ' Pitt -Des Moines, Inc. a(2) corporation hereinafter called "Principal" and (3) Liberty . Mutual Insurance Company of Boston , State of Massachusetts _ hereinafter called the 'Surety; are held and firmly bound unto (4) the City of Fayetteville, ' Arkansas . hereinafter called the 'Owner; in the penal sum of Eight Hundred Seventy -Four Thousand Four Hundred and no/100---- dollars ($_874,400.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBUGATION is such that whereas, the Principal entered Into a certain contract with Owner, dated the a ic+ day of I9.x. _, a copy of which Is hereto attached and made a part here6f for the construction of: Water System Improvements; Phase II- Highway 45 East Area; Contract Section III: Gulley Road Elevated Water Storage Tank; Fayetteville, Arkansas; Plans No. Fy-268. NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors and corporations furnishing materials for or performing labor in the prosecution of the work provided for In such contract, and any authorized extension or modification thereof, all amounts due for but not limited to, materials, lubricants, oil, gasoline, coal and coke, repair on machinery, equipment and tools, consumed or used ' in connection with the construction of said work, fuel oil, camp equipment, food for men, feed for animals, premium for bonds and liability and workmen's compensation insurance, rentals on machinery, equipment and draft animals; also for taxes or payments due the ' State of Arkansas or any political subdivision thereof which shall have arisen on account of or In connection with the wages earned by workmen covered by the bond; and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation t shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department ' of Labor or as determined by the court on appeal to all workmen performing work under the contract. I. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall In any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 7-3 r PROVIDED, FURTHER, that Contractor shall abridge the right of unsatisfied. final settlement between the Owner f beneficiary hereunder, whose claim This bond Is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement IN WITNESS WHEREOF, this Instrument Is executed In six (6) counterparts, each one of which shall be deemed as original, this the a lsf day of , 175 TownPark Drive, Suite 240 Kennesaw, GA 30144 Address W'itne'ss as to Surety° Box 550 Little Rock. AR 72203 Address Des -Moines, Marlatt, Attorney -in ak Drive, Suite 240 ,Georgia 30144 'July" D By o -= k AUrney-in- c a ew night Cashion, P. 0. Box 550 Little Rock, AR 72203 Address Date of bond must not be prior to date of contract. .: �. . .19 j4 0 IIPOWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That PITT -DES MOINES, INC., Neville Island, Pittsburgh, Pennsylvania 15225, a Pennsylvania Corporation (the "Company'), has constituted and appointed, and does constitute and appoint D JACK M. MARLATT its true and lawful Attorney -In -Fact, to execute contracts and proposals for the sale of materials or the construction of work by the Company, and to execute bid, maintenance, performance and payment bonds concerning obligations a of the Company where such bonds are to be used in connection therewith. This appointment is made in accordance with the authority of the Board of Directors who duly adopted the following resolution at a duly constituted meeting which resolution is still in full force and effect: ll "All proposals, commercial contracts, bonds, certificates, affidavits, and all other documents incident to the business of this Company shall be valid when signed by the Chief Executive Officer of the Company, the Chairman of the Board of Directors, the Chairman Emeritus of the Board of Directors, the Vice Chairman, the President, a Vice President, a Group or Division President, an Executive Vice President, a Group or Division Executive Vice ��il President, the Secretary, Treasurer, Controller or an Assistant Secretary or other duly authorized representative or agent of the Company and when sealed with the seal of the Company, and if signed within the limits of his sphere of responsibility. All proposals and contracts for the sale of materials or the construction of work by the Company, and bid, maintenance, performance and payment bonds concerning obligations of the Company used in connection therewith, shall be valid when executed by an Attorney -In -Fact." ,IN WITNESS WHEREOF, PITT -DES MOINES, INC. has caused these presents to be signed by its President, and it corporate seal to be thereunto affixed and duly attested by its Secretary this 5`" day of January, ' 1998. ATT PITT -DES MOINES, INC. ' (SEAL By:_________ President ' COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF ALLEGHENY ' .... On.this 5`" day of January, 1998, before me personally appeared Wm.W. McKee, President of PITT -DES rC'MOINES, INC.,_.who_being duly sworn, said that he is President of PITT -DES MOINES, INC., the Corporation described in and,..which executed the foregoing instrument; that he knows the Corporate seal; that it was so affixed by order of the Board of Directors of said Corporation, and that he signed his name thereto as President of said Corporation.by like authority. _ (SEAL) I. Notary Public Notarial Seat COMMONWEALTH OF PENNSYLVANIA ) Ann Martin Criss, Notary Public SS: Neville Twp., Allegheny County COUNTY OF ALLEGHENY ) My Commission Expires Aug. 12, 2000 ' Member, Pennsylvania Association of Notaries I, Thomas R. Lloyd, Secretary of PITT -DES MOINES, INC. do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by PITT -DES MOINES, INC., which is still in full force ' and effect. s Y N'WITNBSS WHEREOF, I have signed this ificate at Pittsburgh, Pennsylvania this 2LiLday of 1ssr3. /) • (SEAL) Secretary THIS`POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 440738 This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the I manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the. "Company"), a Massachusetts mutual insurance company, pursuant to and by authorityof the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, KNIGHT CASHION, BENSON A. CASHION, MATTHEW KNIGHT CASHION, JR., WILLIAM R. PLEGGE, WILLIAM H. GRIFFIN, JUDY SCHOGGEN, SHEILLA J. SMITH, ALL OF THE CITY OF LITTLE ROCK, STATEOF ARKANSAS..................................................... :........... ........................ .... .... . .. ... .. .............S . .... . . ,. ... ..... .. ........... ... ..:.... .... ... ... each individually if there be more than`one named, its true•and: lawful attorney -in -fact to make, execute, seal, -acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings,- bonds, Pecognizances and other surety obligations in the penal sum not exceeding SON***********************•******* DOLLARS ($ 25,0001000"**""""" ) each, and the execution of such bonds or undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by ,.: the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance O Company has been affixed pieretoin Plymouth Meeting, Pennsylvania this 23rd day of March , 19 98 LIBERTY MUTUAL INSURANCE COMPANY N 01 lTA rBy Garnet W. Elliott, Assistant Secretary �.d. COMMONWEALTH OF PENNSYLVANIA as O m COUNTY OF MONTGOMERY v On this 23rd day. of March A.D. 19_98 , before me, a Notary Public, personally came the individual, known to w me to be the therein desc idual and officer of Liberty Mutual. Insurance Company, who executed the. preceding instrument, and he acknowled- ≥r ged that he executed . rfie a the seal affixed to the said preceding instrument -is -the corporate seal of said company; and that said corporate seal and his signatu . was duly affixed and subscribed to the said instrument by authority and direction of the said company. IN TESTIMO EREOF, I p set my hand and affix my official seal at Plymo Meeting, P the day and-yearfirst above written. * OF * M, 1'10TARtAL SEAL Wi _ c oA l6lA/l/ DON AF SFILDS P4c ,I ' _ -- Prymo-Y"n.M�tq,me,Ycouny Notary Public ' \ ≥•x P MYGomT oYE" gteBrec 9 2M2 .jGVP 4j -CERTIFICATE I, the undersigne,e �I t retary of Liberty Mutual Insurance -Company, do. hereby certify that the original power of attorney of which the foregoing is a full, true andr�tb'fr&icopy-is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney -in -fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company wherever appeadng_t7pon<a certified copy of any power of attorney issued by the company, shall be valid and binding upon the company witht satie=foryz-and sect as though manually affixed. :---''-- I Al r = IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company this= ^ r, day of % 19�. t. I �"+." , ,s istant ec etary�T fu*.a+' THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER March23 r ;w :00 N N 0) C .N .O C O O M Q C ra E O O This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. GENERAL CONDITIONS I 1 I I I I E I I 1i I I F' I OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By on AMERICAN SOCIETY Or a CIVIL I o ENGNEINEERS 0 MUNOCO INu PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL - AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General .° Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8-A-2) (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) Y © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 I I 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 BeforeStarting Construction; 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to 1.2 Agreement ........................... 13 Report: PreliminarySchedules; I1.3 Application for Payment .............. 13 Delivery of Certificates of 1.4 Asbestos ............................. 13 Insurance .......................... IS 1.5 Bid ................................... 13 2.8 Preconstruction Conference ........... 15 ' 1.6 Bidding Documents ................... 13 2.9 Initially Acceptable Schedules ......... 16 1.7 Bidding Requirements ................ 13 3. CONTRACT DOCUMENTS: INTENT, 1.8 Bonds........................A....... 13 1.9 Change Order ........................ 13 AMENDING, REUSE ............................ 16 '1.10 Contract Documents .................. 13 3.1-3.2 Intent ................................ 16 1.11 ContractPrice 3.3 Reference to Standards and 1.12 Contract Times ....................... 13 Specifications of TechnicalSocieties; 1.13 CONTRACTOR ...................... 13 Reporting and Resolving ' 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 ....a ...................... 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND 1.20 General Requirements ................ 14 PHYSICALCONDITIONS; 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 ions ................................. 14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone .................... 0........ 14 Authorized; Technical Data ......... 18 1.25 Notice of Award .....14 4.2.3 Notice of Differing Subsurface or 1.26 Notice to Proceed ....................14 Physical Conditions ................. 18 I1.27 OWNER .............................14 4.2.4 ENGINEER's Review ................ 18 1.28 Partial Utilization ......... 0........... 14 4.2.5 Possible Contract Documents Change . 18 1.29 PCBs ................................. 14 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum ........................... 14 4.3 Physical Conditions —Underground 1.31 Project............ 14 Facilities ............... 18 ............ 1.32 Radioactive Material .................. 14 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 4.4 Reference Points ...................... 19 ' 1.35 Shop Drawings ....................... 14 4.5 Asbestos, PCBs. Petroleum, Hazardous 1.36 Specifications ......................... 14 Waste or Radioactive Material ...... 19 1.37 Subcontractor ........................ 14 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions 14 5 BONDS AND INSURANCE ..................... 20 1.40 Supplier .......... A ................... 14 5.1-5.2 Performance, Payment and Other Bonds. 20 1.41 Underground Facilities ................14 5.3 Licensed Sureties and Insurers; 1.42 Unit Price Work ...................... 14 Certificates of Insurance ............ 20 ' 1.43 Work 5.4 CONTRACTOR's Liability Insurance . 20 """' •' • •' • • 15 5.5 OWNER's Liability Insurance ........ 21 1.44 Work Change Directive ............... 15 5.6 Pro rt Insurance 21 1.45 Written Amendment 15 y """""ional ;: ;;; ;; 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS ...................... IS Property Insurance .................21 2.1 Deliveryof Bonds ... ... . ... 15 5.8 Notice of Cancellation Provisions ..... 21 2.2 Copies of Documents ................. IS 5.9 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 Notice to Proceed .................. IS 5.10 Other Special Insurance ............... 22 2.4 Starting the Work ..................... 15 5.11 Waiver of Rights ...................... 22 I Article or Paragraph .Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. 5.15 Partial Utilization —Property Insurance .......................... 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 ..................... I. Safe Structural Loading ............... 6.19 Record Documents 6.20 ................... Safety and Protection ................. 6.21 Safety Representative ................. 6.22 Hazard Communication Programs ..... 6.23 Emergencies .......................... 6.24 Shop Drawings and Samples .......... 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents 6.28 ............... . Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals .. . .......... 6.29 Continuing the Work .................. 6.30 CONTRACTOR's General Warranty and Guarantee ............ 6.31-6.33 Indemnification 6.34 ................... Survival of Obligations ................ I r 23 23 23 23 24 25 25 25 25 26 26 26 26 26 26 27 27 27 Article or Paragraph Page Number & Title Number 8.6 Change Orders ....................... 29 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services 29 8.9 ......... Limitations on OWNER's Responsibilities ..................... 30 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 30 • 8.11 ...... Evidence of Financial Arrangements 30 .. 9. ENGINEER'S STATUS DURING CONSTRUCTION .............................. 9.1 OWNER's Representative 4..04.....0. 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 9.10 9.11-9.12 Payments .......................... Determinations for Unit Prices ........ Decisions on Disputes; ENGINEER as 9.13 Initial Interpreter ................... Limitations on ENGINEER's Authority and Responsibilities .:.... 10. CHANGES IN THE WORK ..................... 10.1 10.2 10.3 OWNER Ordered Change ............ Claim for Adjustment ................. Work Not Required by Contract 10.4 Documents ......................... Change Orders 10.5 Notification of Surety ................. 27 I1. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price; Claim for Adjustment; 27 27 27 28 11.4 11.5 11.6 11.7 11.8 11.9 Value of the Work .................. Cost.of the Work ..................... Exclusions to Cost of the Work ....... CONTRACTOR's Fee ................. Cost Records ......................... Cash Allowances ..................... Unit Price Work ...................... 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..............4444.......... 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 ........:............... 30 30 30 30 30 30 30 1 1 1 1 31 31 31 31 , 32 32 32 I cYJ 32 , 32 32 33 34 34 34 35 35 35 35 35 35 , 35 36 36 36 36 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 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 13.5 CONTRACT0R's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7 Covering Work Prior to Inspection, Testin or A roval 36 15. SUSPENSION OF WORK AND g pP " ' ' TERMINATION """' 40 13.8.13.9 Uncovering Work at ENGINEER'S 15.1 OWNER May Suspend Work ..... Request............................ 36 .... 40 13.10 OWNER May Stop the Work ......... 36 15.2-15.4 OWNER May Terminate .............. 40 13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or Work ......... Terminate .......................... 41 37 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION ....................... 41 13.14 OWNER May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice .........4 .............. 42 17.2 Computation of Times ................ 42 14. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 COMPLETION ................................. 37 17.4 Cumulative Remedies ................. 42 -14.1 Schedule of Values .................... 37 17.5 - ProfessionalFees and CourtCosts 14.2 Application for Progress Payment ..... 38 Included ........................... 42 14.3 CONTRACTOR's Warranty of Title ... 38 14.4-14.7 Review of Applications for EXHIBIT GC -A (Optional): Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC -Al 14.8-14.9 Substantial Completion ............... 39 16.1-16.6 Arbitration ....................GC -A1 14.10 Partial Utilization ..................... 39 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 I I I I I I I INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of — Bonds and Insurance ................................ 5.14 defective Work ....................... 10.4.1, 13.13, 13.15 final payment ................................. 9.12, 14.15 insurance........................................... 5.14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" Items .................. 6.7.1 Work by OWNER ........................ 2.5, 6.30, 6.34 Access to the — Lands, OWNER and CONTRACTOR responsibilities ..................................... 4.1 site, related work .................................... 7.2 Work . .................................. 13:2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions— ............... 6.9.1, 9.13.3 ENGINEER ................................ 6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda —definition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times .......:. 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, 11, 12, 14.8, 15.1 progress schedule .................:.................. 6.6 Agreement — definition of..........................................1.2 All risk Insurance, policy form ......5.6.2 Allowances, Cash.......................11.8 Amending Contract Documents ......................... 3.5 Amendment, Written — in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8. 2.9, 5.6.4, 9.10, 15.5 Progress payment .............................. 14.1, 14.7 review of......................................144-147 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 BeforeStaring Construction ........................2.5-2.8 Bid -definition of 1.5 ...................................... (1.1, 1.10. 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) Article or Paragraph Number Bidding Documents definition of..... ........... 1.6 (6.8.2) Bidding Requirements —definitions of ...... 1.7 (1..I, 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 ......................... S 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, 5.411, 5.4.13, 5.6.5, 5.8. ............. ....... ..:.. 5.14,9.I3.4, 14.12 Change in Contract Price — .Cash Allowances ................................... 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2. 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general.................................4.... 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, II 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 Valueof 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, 9.1 I, 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 OWNER's and CONTRACTOR's con- trol............................................... 12.4 Notification of surety ............................. 10.5 Scope of change ...............................10.3-10.4 .. Change Orders — Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ....... . .............. 3.5 Cash Allowances ...................................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 ...................4........... 11.4-1I.7 I I I I I I I I I I I Article or Paragraph Number Cost Records ....................................... 11.7 definition of .......................................... 1.9 emergencies ........................................ ENGINEER's responsibility ......... execution of ........................................ Indemnification ..................... Insurance, Bonds and ................... 6.23 9.8, 10.4, 11.2, 12.1 10.4 6.12, 6.16, 6.31, 6.33 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......................a.......4.... 6.7.3, 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... 11.3 Changes in the Work .................................... 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. Scope of change ............................... Claims — 10.2 10.3-10.4 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, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR's Fee .............................. I1.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 Decisions on Disputes ......................... 9.11, 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement ......16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of ........................................... 17.3 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability...................................5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 Time Extension ..................................... 12.I Time requirements ............................ 9.11, 12.1 Unit Price Work..................................11.9.3 Value of ............................................ 11.3 Waiver of —on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ...................9.11. 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications — Article or Paragraph Number general .................................... 6.2, 6.9.2, 8.1 Hazard Communication Programs .:................. 6.22 Completion — Final Application for Payment ...................... Final Inspection ................................... Final Payment and Acceptance ............... Partial Utilization .................................. Substantial Completion ................... Waiver of Claims .................................. Computation of Times ......................... Concerning Subcontractors, 14.12 14.11 14.13-14.14 14.10 1.38, 14.8.14.9 14.15 17.2.1-17.2.2 Suppliers and Others ............................ 6.8-6.11 Conferences — initially acceptable schedules ......................... 2.9 preconstruction...................................... Conflict, Error, Ambiguity, Discrepancy — 2.8 CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc ................ 6.4 Continuing the Work .............................6.29. 10.4 Coptract Documents — Amending........................................... Bonds............................................... 3.5 5.1 Cash Allowances ................................... 11.8 Change of Contract Price ............................. 11 Change of Contract Times ............................ Changes in the Work ........................... check and verify ..................................... 12 10.4-10.5 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................................................ Insurance............................................ Intent............................................ minor variations in the Work ......................... OWNER's responsibility to furnish data .............. 3 5.3 3.1-3.4 3.6 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 ........................................ Reporting and Resolving Discrepancies ...........2.5. 7.2 3.3 Reuseof ............................................. Supplementing....................................... 3.7 3.6 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work .................................... 11.9 variations ................................. Visits to Site, ENGINEER's ......................... 3.6, 6.23, 6.27 9.2 Contract Price — adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 Changeof ............................................ I I 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 I F Article or Paragraph Number Commencement of ................................... 2.3 definition of ........................................ CONTRACTOR — 1.12 Acceptance of Insurance .......'..................... 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2, 6.9.2 Continue Work ................................. 6.29; 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2, 13.2 Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACPOR's— . - Compensation .................................. 11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective Work ..................... 13.11 Duty to Report — Changes in the Work caused by Emergency ....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost of the Work ................................... 11.4.5.3 Fee —Cost -Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification .....................4 6.12, 6.16, 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by :............ 6.14.1 Liability Insurance ................................... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities— Changes in the Work .....................10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR's expense .................6.7.1 CONTRACTOR's General Warranty and Guaran- tee............................................... 6.30 CONTRACTOR's review priorto Shop Drawingor Sam- ple submittal4444................................ 6.25 Coordination of Work ............................... Emergencies ..................................... 6.23 ENGINEER's evaluation, Substitutes or "Or -Equal" Items 6.7.3 .......................... Article or Paragraph Number For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 for deductible amounts, insurance .................. 5.9 general ...... ............ .:............. 6, 7.2, 7.3, 8.9 Hazardous Communication Programs ............. 6.22 Indemnification .............................. 6.31-6.33 Labor, Materials and Equipment ................ 6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance ................................. 5.4 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties ......................... ..... 6.12 Permits .....................................:..... 6.13 Progress Schedule ................................. 6.6 Record Documents ...: ........................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ................... 6.20, 7.2, 13.2 Safety Representative ....... .....,................ 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER ................................ 6.26 Site Cleanliness ................................... 6.17 Submittal Procedures ............................. 6.25 Substitute Construction Methods and - •Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence ................................... 6.2 • Supervision ........................................ Survival of Obligations ............................'6.34 6.1 Taxes ............................................ 6.15 Tests and Inspections ...........................0. 13.5 ToReport .............4.0.4.4..................... 2.5 Use of Premises .................... 6.16.6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1, 15.5, 17.3 Safety and Protection ................. 6.20-6.22, 7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 • Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures 6.7 Substitutes and "Or -Equal" Items, Expense ..6.7.l,6.7.2 ..... 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 ................................. Contractual Liability Insurance ....................... 7 5.4.10 Contractual Time Limits .............................. 12.2 Coordination I I I I fl U I 1 I 1 I I I 1 I I 17 I I I I I Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents ................................... Correction Period .................................... Correction, Removal or Acceptance of 2.2 13.12 Defective Work in general ............................. 10.4.1, Acceptance of Defective Work ..................... Correction or Removal of Defective Work ..... 13.10-13.14 13.13 6.30, 13.11 Correction Period .................................. OWNER May Correct Defective Work ............. OWNER May Stop Work .......................... Cost — 13.12 13.14 13.10 of Tests and Inspections ............................. Records........................... ................ Cost of the Work — 13.4 . 11.7 Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts...................4............... 11.4.2 CONTRACTOR's Fee ................4 ............. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to ....................................... 11.5 General ........................................ 11.4-I1.5 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 ...................... I I.4.3 Records............................................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporaryfacilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ Supplemental .....................................11.4.5 11.4.4 Taxes related to the Work ....................... Tests and Inspection ................................ Trade Discounts .................................. Utilities, fuel and sanitary facilities ............... Work after regular hours .......................... Covering Work...................................13.6-13.7 Cumulative Remedies ............................ Cutting, fitting and patching ...........7.2 Data, to be furnished by OWNER ...................... 11.4.5.4 13.4 11.4.2 11.4.5.7 11.4.1 17.4-17.5 8.3 Day -definition of ................................... Decisions on Disputes .................. ..... defective —definition of ................................ defective Work — 17.2.2 9.1 1, 9.12 1.14 Acceptance of .............................. Correction or Removal of ................... Correction Period..................................13.12 in general.................................13, 10.4.1, 13.13 10.4.1, 13.11 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting .........................4...........4......9.6 Uncovering the Work ......13.8 Definitions ............................................... I Delays ................................. 4.1, Delivery of Bonds......................................2.1 Delivery of certificates of insurance ..................... 6.29, 12.3-12.4 2.7 Article or Paragraph Number Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of ..........................................4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution— Agreement.....................................16.1-16.6 Arbitration 16.1-16.5 ..................................... general...............................................16 Mediation .......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER ..............9.11-9.12 Documents — Copiesof ............................................ 2.2 Record............................................. 6.19 Reuseof.............................................3.7 Drawings definition of ............................... I.I5 Easements............................................. 4.1 1.16 Effective date of Agreement —definition of ............. 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, 11, 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 ............. 9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 I Article or Paragraph Number Limitations on ENGINEER's Authority and Responsibilities :.................................. 9.13 OWNER's Representative ......................... 9.1 Project Representative ................9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and Payments .................................... 9.7-9.9 Visits to Site ...................................... 9.2 Unit Price Determinations ........................... 9.10 Visits to Site ........................ ............... 9.2 Written consent required ......................... ... 7.2, 9.1 Equipment, Labor, Materials and ................... 6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment ................ 6.7 Errors or omissions ................................... 6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions ........... 4.2.1 ... 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- I ; 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 ...............6.......... 2.9 Inspection - Certificates of ......................... 9.13.4, 13.5, 14.12 Final.............................................. 14.1.1 Special, required by ENGINEER .................. 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance- I - 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, 58514 ' . 9.13.4, 14.12 completed operations ........................ 5.4.13 CONTRACTOR's Liability ........................... ... 5.4 CONTRACTOR's objection to coverage ......... a.:. 5.14 Contractual Liability 5.4.10 ............................... Article or Paragraph Number I deductible amounts, CONTRACTOR's responsibility .................................... 5.9 Final Application for Payment ...................... 14.12 ' Insurers ....................................5.3 !Licensed Notice requirements, material changes .................................. 5.8, 10.50 Option to Replace .................................. 5.14 other special insurances ............................. 5.10 OWNER as fiduciaryfor insureds .............. 5.12-5.13 OWNER's Liability .................................. 5.5 OWNER's Responsibility ............................ 8.5 Partial Utilization, Property Insurance .............. 5.15 Property ....................................... 5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance....................4.............. 5.I0 Waiver of Rights .................................... 5.11 Intent of Contract Documents .....................a. Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment ....................6.3-6.5 Lands - andEasements ...................................... 8.4 •Availability of...................................4.1. 8.4 Reports & Tests ................................. 8.4 Laws and Regulations -Laws or Regulations - .. Bonds ............................... 5.1-5.2 Changes in the Work..............................0. 10.4 Contract Documents ... 3,1 CONTRACTOR's Responsibilities ................... „ 6.14 ' Correction Period, defective Work .................. 13.12 Cost of the Work, taxes ......................... 11.4.5.4 definition of ........................................ 1.22 general .................................... .. 6.14 Indemnification................................6.31-6.33 Insurance ...................................... 5.3 Precedence....................................3.1, .. 3.3.3 Reference to ....................................... 3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 I Use of Premises .................................... 6.16 Visits to Site ......................................... Liability Insurance— 9.2 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 1 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)- I Precedence......:................................ 3.3.3.1 I I I I I I I I I I I I Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Materials and equipment — furnished by CONTRACTOR ........................ not incorporated in Work ............................ Materials or equipment —equivalent ..................... 6.3 14.2 6.7 Mediation (Optional) .................................. Milestones —definition of .............................. Miscellaneous — 16.7 1.24 Computation of Times .............................. Cumulative Remedies ............................... Giving Notice ....................................... Notice of Claim ..................................... 17.2 17.4 17.1 17.3 Professional Fees and Court Costs Included .......... Multi -prime contracts .................................... Not Shown or Indicated .............................. Notice of — 17.5 7 4.3.2 Acceptability of Project ............................14.13 Award, definition of ........ 0... 0 .................... Claim.............................................. Defects ............................................. Differing Subsurface or Physical Conditions ..........4.2.3 Giving.............................................. Tests and Inspections ..............13.3 Variation, Shop Drawing and Sample ................ Notice to Proceed — 1.25 17.3 13.1 17.1 6.27 definition of ........................................ givingof.............................................2.3 Notification to Surety.................................10.5 1.26 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 ...................................... Otherwork .............................................. 6.7 7 Overtime Work —prohibition of ......................... 6.3 OWNER — Acceptance of defective Work ...................... appoint an ENGINEER .............................. as fiduciary .................................... Availability of Lands, responsibility ................... 13.13 8.2 5.12-5.13 4.1 definition of........................................1.27 data, furnish.........................................8.3 May Correct Defective Work ....................... May refuse to make payment ........................ May Stop the Work ................................ 13.14 14.7 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 ........................... permits and licenses, requirements .................. purchased insurance requirements ............... 7.1 6.13 5.6-5.10 OWNER's— Acceptance of the Work ......................... 6.30.2.5 Change Orders, obligation to execute....................................8.6, 10.4 Communications ..................................... Coordination of the Work ............................ Disputes, request for decision ....................... 8.1 7.4 9.11 Article or Paragraph Number Inspections, tests and approvals ................. 8.7, 13.4 Liability Insurance...................................5.5 Notice of Defects .................................:. 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.!, 6.3, 11.4 written notice required .......... 7.1, 9.4, 9.1 I, 11.2, 11.9, 14.7, 15.4 definition of .........................................1.29 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization — definition of ........................................ 1.28 general ................................... 6.30.2.4, 14.10 Property Insurance ................................. 5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5.1-5.2 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 PerformanceBonds ................................. 5.1-5.2 Permits............................................... 6.13 Article or Paragraph Number petroleum— definition of ........................................ 1.30 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existing structures............4..................... 4.2.2 general........................................... Subsurface and 4.2.1.2 - . ...................................... Underground Facilities 4.2 ............................... 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 . Subsurface and ...................................... 4.2 Subsurface Conditions ............................ 4.2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities — general.......................................... 4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................ 4.3.1 Technical Data...................................v. 4.2.2 • Preconsttuction 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.? general ............. ............................. 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 • Protection. Safety and ...............:....... 6.20-6.21, 13.2 Punch list ............................................ 14.11 Radioactive Material — definition - ...........................................1.32 general..............................................4.5 OWNER's responsibility for ........................8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining .....................2.8 Reference Points ....................................... 4.4 Reference to Standards and Specifications of Technical Societies 3.3 ................................ Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work ............................... 9.6 Related Work — atSite ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of DefectiveWork .................................... 13.11 rental agreements, OWNER approval required ...................................... I1.4.5.3 replacement of ENGINEER, by OWNER 8.2 Reporting and Resolving Discrepancies .... .............. 2.5, 3.3.2, 6.14.2 Reports — andDrawings ...................................... 4.2.1 and Tests, OWNER's responsibility .................. 8.4 Resident Project Representative — definition of ........................................ 1.33 for provision ......................................... 9.3 Resident Superintendent, CONTRACTOR's ............. 6.2 Responsibilities— CONTRACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on.............................4...... 9.13 OWNER's-in general .................................. 8 Retainage................... .. 14.2 ....... Reuse of Documents ................................... ... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments..........14.4-14.7 Right to an adjustment................................10.2 Rights of Way .......................................... 4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety — and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 • general........................................6.20-6.23 Representative, CONTRACTOR's ................... 6.21 Samples — definition of ........................................ 1.34 • general........................................6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 relatedWork........................................6.28 submittal of ....................................... 6.24.2 submittal procedures................................6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ....:................... 2.6, 2.8-2.9, 14.1 Schedules— . Adherence to......................................15.2.1 Adjusting............................................6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8-2.9 Preliminary .......................................... 2.6 Scope of Changes ............................... 10.3-10.4 Subsurface Conditions 4.2.1.1 .............................. 10 I I, 1 I I I I I 1f I I I I 1 Article or Paragraph Number Shop Drawings— "t"+° and Samples, general ........................... Change Orders & Applications for 6.24-6.28 Payments, and ............................... definition of ........................................ ENGINEER's approval of ......................... ENGINEER's responsibility 9.7-9.9 1.35 3.6.2 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 ................................ by others .............................. ..A......... "Special causes of loss" policy form, insurance ....... 9.2, 13.2 13.2 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 .......................................... Starting Construction, Before ....................... 3.3 2.5-2.8 Starting the Work ...................................... Stop or Suspend Work — 2.4 by CONTRACTOR ................................. I5.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. Structural Loading, Safety ............................. 4.1, 7.2 6.18 Subcontractor— Conceming...................................... definition of........................................1.37 delays.............................................. waiver of rights ..................................... Subcontractors —in general ........................ Subcontracts —required provisions ........ 5.11, 6.11, 6.8-6.11 12.3 6.11 6.8-6.11 11.4.3 Submittals — Applications for Payment ........................... Maintenance and Operation Manuals ............... Procedures.........................................6.25 Progress Schedules .............................. Samples............6.2'I-6.28 Schedule of Values ............................. Schedule of Shop Drawings and 14.2 14.12 2.6, 2.9 2.6, 14.1 Samples Submissions .................... 2.6, Shop Drawings.................................6.24-6.28 Substantial Completion — 2.8-2.9 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 .......................... "Or-Equal"..........0............................. Substitute Construction Methods of Procedures ..... 6.7.3 6.7.1 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 ................ 0 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............4....................... 13.8.13.9 Times — Adjusting............................................ 6.6 Change of Contract ................................... Adjusting............................................ 12 Computation of 6.6 ..................................... Contract Times —definition of ....................... 17.2 1.12 day...........................................:.....17.72 Milestones ........................................... 12 Requirements— appeals..........................................16 clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ..........2.8 schedules.................................2.6, 2.9, 6.6 starting the Work..................................2.4 Title, Warranty of.....................................14.3 Uncovering Work ................................ 13.8-13.9 Underground Facilities, Physical Conditions — definition of ........................................ 1.41 Not Shown or Indicated ......................... 4.3.2 { v.. protection of...................................4.3, 6.20 Shown or Indicated................................4.3.1 Unit Price Work — claims............................................ 11.9.3 definition of ........................................142 general..................................11.9, 14.1, 14.5 Unit Prices — general ........................................... 11.3.1 Determination for ................................... 9.10 Use of Premises ..........6 6.18, 6.30.2.4 .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.I5 Waiver of Rights by insured parties ............... 5.1 1, 6.11 Warranty and Guarantee, General —by CONTRACTOR ....................................6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Access to ........................................... 13.2 byothers . ............................................. 7 Changesin the ....................................... 10 Continuing the,..................................... 6.29 CONTRACTOR May Stop Work or Terminate ................................... 15.5 Coordination of ...................................... 7.4 Cost of the ..................:.................. 11.4.11.5 definition of........................................1.43 neglected by CONTRACTOR ...................... 13.14 otherWork ............................................ 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 .......... 0 ............. .15.5 Stopping by OWNER .......................... 15.1-15.4 Variation and deviation authorized, minor........................................... 3.6 Work Change Directive — claims pursuant to..................................10.2 definition of........................................I principal references to .................... 3.5.3, 10.1-10.2 Written Amendment — definition of........................................1.45 principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,10.1, 10.4,11.2,12.1,13.12.2,14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 11.2, 12.1 by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14 12 I I I I I I I I J I I I I I I GENERAL CONDITIONS ARTICLE 1 —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement. Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree - merit, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contact 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 (i) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.22. Laws and Regulations; Laws or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges, security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. Notice ofAward—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice toProceed—A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Spechcations—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, fine or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final, payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. 14 I I I I I I I I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Addition; SC -1) ARTICLE 2 —PRELIMINARY MATTERS IDelivery of Bonds: I I I U 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. (Addition; SC -2.2) Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the 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 El 15 I attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedaks: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be.made to CONTRACTOR until the .schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifrcadons 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 OW N ER; CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or I 1 IP I I I I I I I I I I I I r 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 the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and (ii) shall not reuse any of such Drawings. Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and (Addition SC -4.2.1.1) 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 1 17 4.2.2. Limited Reliance by CONTRACTOR. Authorized, Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Documents Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered. or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on I I I 18 IT I I I I I I I I I I I I 1 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, (i) 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 orContract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles II and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af• fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 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 t9 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 ordeath, 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 Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in .the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tidns, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. .5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. (Addition; SC -5.3.1) 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. P tiornnt>fin p YhY(01 �� 9fA)4 O96 CONTRACTOR'S Liability Insurance: (Addition SC -5.4) 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:' 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or. death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or. indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. I I II I F7 I The policies of insurance so required by this paragraph 5.4 to ace upon the Work at the site in the amount of the f I be purchased and maintained shall: it lacement cost thereof (subject to such deductible amou is as ay be provided in the Supplementary Condition or 5.4.7. with respect to insurance required by paragraphs requ red by taws and Regulations). This insurance shall 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- 5..1. include the interests of OWNER, CON RAC- sional liability) OWNER, ENGINEER, ENGINEER's Con- TOR, Subcontractors, ENGINEER, ENGINES s Con- sultants and any other persons or entities identified in the sultan and any other persons or entities identifi d in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective Supple entary Conditions, each of whom is deem d to have officers and employees of all such additional insureds; an insu ble interest and shall be listed as an nsured or _ addition insured; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple- 5.6.2. b written on a Builder's Risk "all sk" or open mentary Conditions or required by Laws or Regulations, peril or spec causes of loss policy form t t shall at least whichever is greater; include insu cc for physical loss or dam e to the Work, temporary buil ings, falsework and Work i transit and shall 5.4.9. include completed operations insurance; insure against least the following pe Is fire, lightning, extended covera , theft, vandalism and alicious mischief, 5.4.10. include contractual liability insurance covering earthquake, colla , debris removal, d olition occasioned CONTRACTOR's indemnity obligations under paragraphs by enforcement o Laws and Regula ons, water damage, 6.12, 6.16 and 6.31 through 6.33; and such other peril as may be speccally required by the 5.4.11. contain a provision or endorsement that the Supplementary Con ions; coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written 5.6.3. include expe es incur in the repair or replace - notice has been given to OWNER and CONTRACTOR and ment of any insured pr rty (i luding but not limited to to each other additional insured identified in the Supplemen- fees and charges of engin en a architects); tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the 5.6.4. cover materials a quipment stored at the site or CONTRACTOR pursuant to paragraph 5.3.2 will so pro- at another location that was ed to in writing by OWNER vide); prior to being incorporated ' he Work, provided that such materials and equipment h ve en included in an Applica- 5.4.12. remain in effect at least until final payment and at tion for Payment recomm nded y ENGINEER; and 1 all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance 5.6.5. be maintaine in effect u til final payment is made with paragraph 13.12; and unless otherwise afire to in writ g by OWNER, CON- TRACTOR and ENG EER with th y days written notice 5.4.13. with respect to completed operations insurance, to each other addii nal insured to horn a certificate of and any insurance coverage written on a claims -made basis, insurance has been sued. 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- 5.7. OWNER $ 11 purchase and main in such boiler and lions to whom a certificate of insurance has been issued machinery insuran e or additional property insurance as may evidence satisfactory to OWNER and any such additional be required by t e Supplementary Conditio s or Laws and insured of continuation of such insurance at final payment Regulations wh' h will include the interest of OWNER, and one year thereafter). CONTRACTO ,Subcontractors, ENGINEER, NGINEER's Consultants a any other persons or entities id ntified in the Supplementa Conditions, each of whom is dee ed to have I. OWNER'sLiabi-UyInsurance: (Replacement; an insurabl interest and shall be listed as an insured or SC -5.5) additional i sured. /9 y/ln diMdb'(aV1s1dr)dp�cip6v�u(r1iYVMpf4W410 �4f1�r161�y4 Of{3(��� 5.8. I the policies of insurance (and the certi ates or �)1w){tjay/yfr�ffih�/an(w/ayp].Vnn/eAphjf5E other e dence thereof) required to be purchased an main- /cb}MrI %t71ict�1AY)* n/p/�9eyP)91, �,� tained y OWNER in accordance with paragraphs 5.6 a d 5.7 will c main a provision or endorsement that the coy rage affo ed will not be cancelled or materially changed or ren wal refu ed until at least thirty days' prior written notice has b en Propeny Insurance: (Replacements; giv n to OWNER and CONTRACTOR and to each oth r SC -5. 6 5.7 & 5.8) a itionalinsured to whom a certificate of insurance has bee /66/ ( ss6tfi/rdii4dg'r6 (d�di6t dJta �'h/o'or% i ued and will contain waiver provisions in accordance wit (/j/s)f3{r�l�o�t�id tir(tA fi tir6tklcifw�uf ragraph 5.11. I 21 I, 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. r Replacement; SC -5.10) 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in. addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all. rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 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. (Replacement Receipt and Application of Insurance Proceeds SC -5.12 A. 5.13 & 2. Any insured loss under the policies of insura e requi by paragraphs 5.6 and 5.7 will be adjusted ith� OWNE and made payable to OWNER as fiduciary or the insureds, their interests may appear, subject tot require- ments of any pliable mortgage clause and of pa graph 5.13. OWNER shall eposit in a separate account ny money so received, and sh distribute it in accordan ith such agree- ment as the parties interest may reach f no other special agreement is reached e damaged Wo shall be repaired or replaced, the moneys so eceived a led on account thereof and the Work and the cost ereo overed by an appropriate Change Order or Written Am ent. 5.13. OWNER as fiduci� s II have power to adjust and settle any loss with the ipfurers u�4ss one of the parties in interest shall object iiyGriting withi fifteen days after .the occurrence of loss to WNER's exercis f this power. If such objection be made WNER as fiduciary sh I make settlement with the insure in accordance with such lmeement as the parties in int st may reach. If no such agreem t among the parties in i Brest is reached, OWNER as fiducia hall adjust and sett the loss with the insurers and, if required''required'S� writing by an party in interest, OWNER as fiduciary shall gi bond forfiie proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 4. If either party (OWNER or CONTRACTOR) has objectr to the coverage afforded by or other provision the Bonds or ' surance required to be purchased and intained by the other rty in accordance with Article 5 0 he basis of non-conforman with the Contract Docume , the objecting party shall so noti he other party in w ' ' g within ten days after receipt of the ce ficates (or of evidence requested) required by paragraph 2.. WNE ad CONTRACTOR shall each provide to the other suc itional information in respect of insurance provided as th th may reasonably request. If either party does not purr ase or m ' tain all of the Bonds and insurance required o ch party by th Contract Documents, such party shall n fy the other party in ' ing of such failure to purchase p ' r to the start of the Work, or such failure to maintain p ' r to any change in the required cove e. Without prejudi to any other right or remedy, the other rty may elec o obtain equivalent Bonds or insurance to prole such er party's interests at the expense of the party who as I r 1 22 TI I I I i I' I I I H I I I I I I a �S1(Sd40 )dXr6yVe1sf /bfiy6JVV,�7 ��l�1tr/$if Partial Udlizadon—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 forthe 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 ofOWNER. WN ER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. 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 specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other .person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 r I I I L [1 I I I I I substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing 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. (Addition; SC -6.13) Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neitherOWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. (Addition; SC -6.14.3) Tares: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I 25 the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER,'ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACIOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall• CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks; pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal; relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para-- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 26 I I I I I I I I I I I responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. (Addition; SC -6.24.1) 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract I 27 Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 630. 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 andcom- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to paragraph.14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWN ER. Indemnification: 6.31. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to. perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any. and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER,s Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: . 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with P Fl 'I I 1 I I If I Ii li II I II u HI Li the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces, or let other direct contracts therefor which shall contain General Condi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of 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. (Addition SC -7.5) ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. _ 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. /E5/9))+(StV.t`.f %,Ws oft wiVttiW;f✓rsWcfbddua(t1s(n4 ��'�����►�Xa��'yfn�dv�dp�d�d�t�d�dtbdet fbr�t��t PX0"fiY-Y.W,�ytel(, V- (Replacement SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. 29 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the'basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN - GIN EER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist. ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article II or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article II or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or 30 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: - 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10, II, and 12. 9.9. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles II and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this - paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement." entered into between OWNER and CON- TRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision • and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.15) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitations on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization. or to any surety for or em- ployee or agent of any of them. 31 I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR's means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work. 9.13.4. ENGINEER,s review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE I0 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be 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. - ARTICLE I I —CHANGE OF CONTRACT PRICF. • I.I. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili-. ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence.or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall 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 32 'p. I; I Ii I I I] I It II I1 I be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in. accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules ofjob 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 orfumished 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. 1 33 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. • 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. •11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of. CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or I 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph - 11.4.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.6. when both additions and credits are involved • in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. . 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. EFI I I I I I I F] I I I r 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: (Replacement; /u(/(uGr y?'1 k0br3 br 'T,hfr 9f��)'��f1SE� 4 c�tt9{lii 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) I 35 I delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13 —TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5.- If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. (Addition; SC -13.5) 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. - 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and. damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article II. If, however, such Work is not found to be defective. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. OWNER May Stop the Work: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for, such order has been eliminated; however, this right of OWNER to stop the Work I I 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) coirect 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 1 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 corn-; 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 OW N ER'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. XT$ry acement sentence; SC -1'4.4) 14.5. ENGINEER's recommendation of any payment re -- quested in an Application for Payment will constitute a repre- sentationby ENGINEERtoOWNER,basedon ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible 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, F I ii C1 I 41 II I fry" 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER. to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Subsumfial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter; OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the, Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or (ii) OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all 39 particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment: • 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OW NER or OWNER's Property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER -for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- 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 waiverof all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be. resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such"suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. i OWNER May Terminate: 15'.2. Upon the occurrence of any one or more of the following events: •It -1 P11 I I I I m W I II I 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any -sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16 —DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 1 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 liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12, 6.16, 6.30, 6.31, 6.32, 13.1, 13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included 17.5. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.) 42 EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 below, no arbitration arising out of or relating to the Contract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGI- NEER's Consultant and the officers, directors, agents, em- ployees or consultants of any of them) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substantially in- volved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will 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.) CC -Al 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- 4 1 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. H.. . . . I I 1 HI GC -A2 Li II L If It I Li I I I1 I I I TABLE OF CONTENTS OF SUPPLEMENTARY CONDITIONS SC -1 Definitions and Abbreviations SC -1 SC -2 Preliminary Matters .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -2 SC -4 Availability of Lands; Subsurface and Physical Conditions; Reference Points .......................... SC -3 SC -5 Bonds and Insurance ............................... SC -3 SC -6 Contractor's Responsibilities SC -6 SC -7 Other Work ...................................... SC -6 SC -8 Owner's Responsibilities SC -7 SC -9 Engineer's Status During Construction SC -7 SC -11 Change of Contract Price SC -11 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............... SC -11 SC -14 Payments to Contractor and Completion SC -11 SC-i I I Supplementary Conditions I. I I I I I I SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1990 Edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. SC -1 DEFINITIONS AND ABBREVIATIONS In addition to the provisions of Article 1, the following respective supplemental definitions apply: The words "OWNER" and "City" .shall mean the City of Fayetteville, Arkansas, acting through its duly authorized representatives. The words "City Council" shall mean the City Council of Fayetteville, Arkansas, the duly elected or appointed governing body of the City of Fayetteville. The words "Mayor' and 'City Clerk' shall mean, respectively, the Mayor and City Clerk of the City of Fayetteville, Arkansas. The words "City Attorney" shall mean the City Attorney for the City of Fayetteville, Arkansas. The word 'ENGINEER' shall mean the engineering firm of McGoodwin, Williams and Yates, Inc., Consulting Engineers, or their duly authorized agent, who has been • employed by the City of Fayetteville for this Work. i I The words "Resident Project Representative" shall mean the authorized representative of the ENGINEER who is assigned to the site or any part thereof. The word 'surety' or "sureties" shall mean the bondsmen or party or parties who have made sure the fulfillments of the Contract by Bonds, and whose signatures are attached to said Bonds. The word "Advertisement" shall mean all the legal publications pertaining to the Work of this Contract. The word 'Plans' shall mean, collectively, all of the Drawings pertaining to the Contract and made a part thereof, and also such Supplementary Drawings as the ENGINEER may issue from time to time in order to clarify the Drawings, or for the purpose of showing changes in the Work as authorized under the section "Modifications and Alterations," or for showing details which are not shown thereon. The term "grade" used in these Specifications is understood to refer to and indicate the established elevations of the paving, flow line of sewers or other appurtenances as shown on the Plans on file in the office of the official designated in the "Advertisement for Bids." SC -1 Supplementary Conditions Whenever the following abbreviations are used, they shall have the meanings given below: AASHTO - American Society of State Highway Officials ACI - American Concrete Institute AGA American Gas Association AISC - American Institute of Steel Construction ANSI - American National Standards Institute APA - American Plywood Association < ASA - American Standards Association ASTM - American Society for Testing Materials AWG - American Wire Gauge AWPA - American Wood Products Association AWS - American Welding Society AWWA - American Water Works Association GSA - General Services Administration, U. S. Government NBHA - National Builders Hardware Association NEC - National Electrical Code NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPT - National Pipe Thread SBC - Standard Building Code SPA - Southern Products Association UL - Underwriters' Laboratories A - ampere abc - aggregate base course cfm - cubic feet per minute CGMP - corrugated galvanized metal pipe • DIP - ductile iron pipe gpm - gallons per minute Hp - horsepower MGD - million gallons per day N.C. - normally closed N.O. - normally open ' • ppm - parts per million psi - pounds per square inch PVC - polyvinyl chloride (pipe) R motor starter relay. RCP - reinforced concrete pipe rpm - revolutions per minute T.D. - time delay TDH total dynamic head V - - volt SC -2 PRELIMINARY MATTERS Add the following language at the end of paragraph 2.2 of the General Conditions: ■ SC -2 ' Supplementary Conditions -2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared,•each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for ' execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. SC -4-4 AVAILABILITY OF LANDS' SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS SC -4.2.1.1 Subsurface Conditions Add the following language at the end of paragraph 4.2.1.1 of the General Conditions: '1 In the preparation of Drawings and Specifications, the ENGINEER has relied upon: 4.2.1.1 Report dated May, 1998, prepared by Grubbs, Garner & Hoskyn, Inc., Consulting Engineers, entitled: "Geotechnical Investigation: Elevated Water Storage Tank - Gulley Road; Fayetteville, Arkansas." Copies of this report may be examined by prospective bidders at the ENGINEER'S or OWNER'S offices during regular business hours. ' SC -5 BONDS AND INSURANCE • Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and ' payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident anent will not be sufficient. � SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing paragraph 5.3.1 of the General Conditions: "The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an A' rated bonding company." SC -5.3.2 Licensed Sureties and Insurers: Certificates of Insurance. In paragraph • 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). I� SC -5.4 CONTRACTOR'S Liability Insurance Add the following paragraphs immediately after the respective paragraphs contained in 1 SC -5.4 of the General Conditions: SC -3 Supplementary Conditions SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide• coverage for not less than the following amounts, or greater where required by Laws and Regulations: SC -5.4.1 and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 of the General Conditions: 1) State: Statutory 2) Applicable Federal (e.g. Longshoreman's): Statutory 3) Employer's Liability: $ 100,000 Each Occurrence CONTRACTOR agrees to waive all rights of subrogation against McGoodwin, Williams and Yates, Inc., Consulting Engineers, and the OWNER for Work performed under Contract. SC -5.4.3. SC -5.4.4 and SC -5.4.5 Comprehensive General Liability (under. paragraphs 5.4.3 through 5.4.5 of the General Conditions): $2,000,000 Combined Single Limit Policies will include premises/operations, products, completed operations, independent contractors, Explosion, Collapse, Underground Hazard, Broad Form Contractual, Personal Injury with employment exclusion deleted, and Broad Form Property Damage. SC -5.4.6 Comprehensive Automobile Liability Bodily Injury: $1,500,000 Each Person $3,000,000 Each Occurrence Property Damage: $ 600,000 - Each Occurrence or a combined single limit of $2,000,000. SC -5.5 OWNER'S Liability Insurance. Delete paragraph 5.5 of the General Conditions in its entirety and insert the following in its place: 5.5 OWNER'S and ENGINEER'S Contingent Protective Liability Insurance. The CONTRACTOR shall indemnify and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily SC -4 Supplementary Conditions injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 55i Property Insurance. CONTRACTOR shall purchase and maintain until final payment property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations) but not less than an amount equal to the Total Bid Price. This insurance shall include the Interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work (all of whom shall be listed as insureds or additional insured parties), shall insure against the perils of fire and extended coverage, shall include "all- • risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse, flood, and water damage, and such other ' perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all-risk" insurance or otherwise provided in these Supplementary ' Conditions, CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for ' Payment. The policies of insurance required to be purchased and maintained by CONTRACTOR in accordance with this paragraph 5.6 shall contain a provision or endorsement that the coverage afforded will not be I. canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. ' SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 1 5_7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. 1 SC -5 Supplementary Conditions I All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives" wording will be deleted from certificates. 1 SC -5.1 0 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 Delete paragraph 5.13 of the General Conditions in its entirety. SC -5.14 Acceptance of Bonds and Insurance. Delete paragraph 5.14 of the General Conditions in its entirety. SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13 of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction, Activities as required by the Arkansas Department of Pollution Control and Ecology. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall beborne by the CONTRACTOR." ° SC -6.14 Laws and Regulations. Add a new paragraph immediately after paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 The CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities: No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. SC -6.24 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.24.1 of the General Conditions: 'The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents: No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: . SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by H Cl Li I I I H I I I I SC -6 I Supplementary Conditions I I I I LI I I I I C I I I I I any separate contractor against CONTRACTOR. OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of Work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not institute any action, legal or equitable, against OWNER or ENGINEER or permit any action against any of them to be maintained and continued in its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR Is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of lime in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective responsibilities. SC -8 OWNER'S RESPONSIBILITIES SC -8.5 Delete paragraph 8.5 of the General Conditions in its entirety. SC -9 ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3 Add the following language at the end of paragraph 9.3 of the General Conditions: SC -9.3 Duties. Responsibilities and Limitations of Authority of Resident Project Representative. General The Resident Project Representative (RPR), who is the ENGINEER'S agent, will act as directed by and under the supervision of the ENGINEER and will confer with the ENGINEER regarding its actions. The Resident Project Representative's dealings in matters pertaining to the on -site Work shall, in general, be only with the ENGINEER and the CONTRACTOR, and [1 SC -7 Supplementary Conditions I dealings with subcontractors shall only be through or with the full knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. ' Duties and Responsibilities of RPR 1) Schedules. Review the progress schedule, schedule of Shop Drawing ' submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2) Conferences and Meetings. Attend meetings with, CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3) Liaison. ' a) Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on -site operations. i 1 b) Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4) Shop Drawings and Samples. a) Record date of receipt of Shop Drawings and samples. b) Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. c) Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5) Review of Work, Resection of Defective Work. Inspections and Tests. a) Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. b) Report to ENGINEER whenever RPR believes than any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c) Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d) Accompany visiting inspectors representing public or. other agencies SC -8 1I Supplementary Conditions having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6) Interpretation of Contract Documents. Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7) Modifications. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. I I I i1 I 1 I I 8) Records. a) Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b) Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. c) Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9) Reports. a) Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR'S compliance with the progress schedule and schedule of Shop Drawings and sample submittals. b) Consult with ENGINEER in advance of scheduled major tests. Inspections or start of important phases of the Work. c) Draft proposed Change Orders and Work Directive Changes, obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. d) Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10) Payment Reouests. Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. SC -9 Supplementary Conditions 11) Certificates. Maintenance and Operation Manuals. During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to: final payment for the Work. 12) Completion. a) Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b) Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare. a final list of items to be completed or corrected. c) Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. Limitations of Authority (except upon written instruction of the ENGINEER). Resident Project Representative: shall not authorize any deviation from the Contract Documents.or substitution of materials or equipment, unless authorized by ENGINEER. shall not exceed limitations of ENGINEER'S authority as set forth in the Agreement or the Contract Documents. shall not undertake any of the responsibilities of CONTRACTOR, subcontractors or CONTRACTOR'S superintendent. shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. shall not advise on, issue directions regarding or assume control over safety precautions and programs In connection with the Work. shall hot accept Shop Drawing or sample submittals from anyone other than CONTRACTOR. shall not authorize OWNER to occupy the Project in whole or in part. shall not• participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. SC -10. ' Supplementary Conditions ISC -11 CHANGE OF CONTRACT PRICE SC -11.9 Unit Price Work. Delete paragraph 11.9.3.1 of the General Conditions and add the following in its place: I11.9.3.1 the total cost of a particular item of Unit Price Work amounts to 15 percent or more of the Total Contract Price and if the units of work of the particular item of Unit Price Work performed by CONTRACTOR amounts to 125 percent or more of the estimated quantity of work set out in the Contract, the quantity of the unit price item in excess of 125 percent shall be subject to reevaluation and adjustment provided that ' documentation is presented that substantiates the claim; and SC -13 TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPT ' Ur utrrtiI IVC YVUnr% SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of ' the General Conditions: All inspections, tests or approvals other than those required by Laws or ' Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and ENGINEER. ' SC -14 PAYMENTS TO CONTRACTOR AND COMPLETION SC -14.4 Review of Applications for Progress Payment. Delete the last sentence of ' paragraph 14.4 of the General Conditions and replace with the following: After the required internal reviews and processing by the. OWNER, the OWNER will diligently proceed to make payment to the CONTRACTOR, in accordance with the approved payment request, within 30 days. All efforts will be made to make payments within the 30 day period, but the OWNER cannot guarantee the 30 days maximum time. I I I I I I SC -11 ' Section 01000 Project Requirements TECHNICAL SPECIFICATIONS ' Water System Improvements Phase II - Highway 45 East Area ' CONTRACT SECTION For the City of Fayetteville, Arkansas ' Plans No. Fy-268 Dated February, 1998 PROJECT REQUIREMENTS A. SCOPE OF WORK The work to be done under this contract is as shown on the Plans and as provided for in these Specifications, and shall include the furnishing of all materials, equipment, tools and supplies and performing all labor in the construction of work generally as follows: A 750,000 gallon welded steel, fluted -column, elevated water storage tank (114.25 foot height to overflow, with 40 foot range of water storage), with ' a foundation. The work shall include construction of an access road, the design (both tank and foundation), testing, sandblasting, painting, installation of piping and valves, sitework, disinfection, electrical, and all items set out in the plans and specifications for a complete installation. B. LANDS AND RIGHTS -OF -WAY ' The work to be performed under this contract shall be on lands owned by the City of Fayetteville, Arkansas. ' C. ENTRANCE ROAD MAINTENANCE The Contractor shall, during the contract time period (during actual field construction), construct and maintain the entrance road to the site as required for construction vehicles, equipment haulers, concrete trucks, etc. The Contractor shall maintain the entrance road to fully meet the requirements of the Contract Documents throughout the contract time period. This maintenance includes the furnishing of such additional aggregate base course and asphalt as required to keep the road substantially free of ruts, potholes, etc. All costs associated with this requirement shall be paid for by the Contractor. I 1 01000-1 Section 01000 Project Requirements D. CONSTRUCTION STAKING The Contractor shall furnish, without charge, competent men from his force and such ' tools, stakes and other materials as the Engineer may require for setting horizontal and vertical control monuments and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. The Engineer shall provide at least two horizontal and vertical control monuments on -site. It shall be the Contractor's responsibility to protect these monuments during the course of the contract. Any replacement costs incurred to reset these monuments shall be at the Contractor's expense. All other stake -out on site shall be by the Contractor. E. STORAGE OF. MATERIALS ' Materials shall be stored so as to ensure the preservation of their quality and fitness for ' the work. When directed by the Engineer, they shall be placed on a wooden platform or other hard, clean surfaces and not on the ground, and shall be placed under cover when directed. Stored materials shall be located so as to facilitate prompt inspection. F. SAFETY Act 291 of the 1993 Arkansas General Assembly requires that whenever any agency of the state, county, municipality, or school district, or other local taxing unit or improvement district enters into a contract for public works improvements which involves any trench or excavation which equals or exceeds five (5) feet in depth, the agency shall include in their specifications for the project the current edition of Occupational Safety and Health Administration Standard for Excavation sand Trenches Safety System, 29 CFR 1926, Subpart P. This document is hereby incorporated into these Specifications by reference. G. SUNDAY. HOLIDAY AND NIGHT WORK Unless otherwise specified, no work shall be done between the hours of 6:00 p.m. and 7:00 a.m., or on Sundays or legal holidays, except work as is necessary for the proper care and protection of work already performed, or in case of any emergency, or in case of work which must be performed during periods of minimum water usage by water customers. H. MONTHLY ESTIMATES AND PAYMENTS On or about the. last Friday of each month the Engineer will make an approximate estimate of the value of the work done and materials furnished in place on the work , during the previous calendar month. He will also include the cost value of freight for equipment and materials readily accounted for, but not such items as cement, aggregate, lumber, nails and miscellaneous items. The Contractor shall furnish to the Engineer such detailed information as he may request to aid him as a guide in the preparation of monthly estimates. After each such estimate ' shall have been approved by the Owner, the Owner shall pay to the Contractor the 01000-2 1 Section 01000 Project Requirements amount of such estimated value of materials furnished and work done during said previous calendar month, less retainage as provided by state law. If the Owner shall at any time fail to make the Contractor a monthly estimate at the time herein specified, such failure shall not be held to vitiate or void the contract. ' I. CONNECTIONS TO EXISTING FACILITIES - Unless otherwise specified or indicated, Contractor shall make necessary connections to existing utilities such as water, sewer, telephone and electric. In each case, Contractor shall receive permission from Owner or the owning utility prior to undertaking connections. Contractor shall protect facilities against deleterious substances and damage. ' Connections to existing facilities which are in service shall be thoroughly planned in advance, and all required equipment, materials and labor shall be on hand at the time of undertaking the connections. Work shall proceed continuously (around the clock) if necessary to complete connections in the minimum time. Operation of valves or other appurtenances on existing utilities, when required, shall be by or under the direct supervision of the owning utility. J. TEMPORARY FACILITIES 1. Water. All water required for and in connection with the work to be performed and for any specified tests of piping, equipment, devices, etc. for inundation or settling of backfill material or for any other use as may be required for proper completion ' of the work shall be provided by and at the expense of the Contractor. 2. Electric Power. The Contractor shall provide all power for heating, lighting, operation of Contractor's plant or equipment, or for any other use by Contractor. Temporary heat and lighting shall be maintained until the work is accepted. 3, Telephone Service. The Contractor shall make all necessary arrangements with the telephone utility for the telephones in the offices at the site, and shall pay all • charges therefor. r 4. Sanitary Facilities. The Contractor shall furnish temporary sanitary facilities at the site, as provided herein, for the needs of all construction workers and others performing work or furnishing services on the project. Sanitary facilities shall be of reasonable capacity, properly maintained throughout the construction period, and obscured from public view to the greatest practical extent. If toilets of the chemically -treated type are used, at least one toilet will be furnished for each 20 workers. The Contractor shall enforce the use of such sanitary facilities by all personnel at the site. K. TREE AND PLANT PROTECTION All trees and other vegetation which must be removed to perform the work shall be 1 01000-3 4 Section 01000 Project Requirements 1 removed and disposed of by Contractor. However, no trees or cultured plants shall be unnecessarily removed unless their removal is indicated on the Drawings. All trees and plants not removed shall be protected against injury from construction operations. All trimming and repair of trees and plants shall be performed by qualified nurserymen or horticulturists. L. SECURITY ' The Contractor shall be responsible for protection of the site, and all work, materials, equipment and existing facilities thereon against vandals and other unauthorized persons. No claim shall be made against the Owner by reason of any act of an employee or trespasser, and the Contractor shall make good all damage to Owner's property resulting from his failure to provide security measures as specified. Security measures shall be at least equal to those usually provided by Owner to protect his existing facilities during normal operation, but shall also include such additional security fencing, barricades, lighting, watchman services, and other measures as required to protect the site. M. PARKING The Contractor shall provide and maintain suitable parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required, to avoid any need for parking personal vehicles where they may interfere with Owner's operations or construction activities, or normal traffic movement on public roads, or parking by City employees. N. DUST CONTROL ' The Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered when practicable to prevent blowing. Buildings or operating facilities which may be affected adversely by dust shall be adequately protected. Existing or new machinery, motors, instrument panels or similar equipment shall be protected• by suitable dust screens. Proper ventilation shall • be included with dust screens. O. TEMPORARY DRAINAGE PROVISIONS 1 The Contractor shall provide for the drainage of stormwater and such water as may be applied or discharged on the site in performance of the work. Drainage facilities shall be adequate to prevent damage to the work, the site, and adjacent property. 1 01000-4 Section 01000 Project Requirements Existing drainage channels and conduits shall be cleaned, enlarged or supplemented as necessary to carry all increased runoff attributable to Contractor's operations. Dikes shall be constructed as necessary to divert increased runoff from entering adjacent property (except in natural channels) to protect Owner's facilities and the work, and to direct water to drainage channels or conduits. Ponding shall be provided as necessary to prevent downstream flooding. P. EROSION CONTROL The Contractor shall prevent erosion of soil on the site and adjacent property resulting from his construction activities. Effective measures shall be initiated prior to the commencement of clearing, grading, excavation, or other operation that will disturb the natural protection. Work shall be scheduled to expose areas subject to erosion for the shortest possible time, and natural vegetation preserved to the greatest extent practicable. Temporary storage and construction buildings shall be located, and construction traffic routed, to minimize erosion. Temporary fast growing vegetation or other suitable ground cover shall be provided as necessary to control runoff. ' Q. POLLUTION CONTROL The Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. ' No sediment, debris or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. ' The Contractor shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas Department of Pollution Control and Ecology. The •' responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the Contractor. R. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the ' Supplementary Conditions, Article SC -1. S. CLEANUP iDuring construction, the Contractor shall keep the construction area in a clean, neat and workmanlike condition at all times. Pipe, equipment, and all other material shall be stored and protected in an area away from the construction operations. As soon as practicable, the area around all structures shall be backfilled, and the entire area shall be maintained in a smooth condition at all 1 times insofar as is practical. ' 01000-5 Section 01000 , Project Requirements 1 After construction work has been completed, the Contractor shall.clean the entire area. Tops of structures, sidewalks, building walls (both exterior and interior), floors, equipment, and all painted and glass surfaces shall be cleaned of clay stain, mortar, or other materials, washing down with soap or other cleaning materials as required. Such touch-up work as required shall then be done to leave the area in a clean and neat condition. T. WATER SHUT -DOWN AND BOIL ORDERS FOR CONTRACTOR WORK , This is the procedure to be followed any time the Contractor must shut down water to any customers serviced by the Fayetteville water system. First, shutting down water to any customers for a planned job shall be avoided whenever possible. All possible efforts must be made to keep water flowing to all customers. If the shutdown involves hospitals, health facilities, schools, food service establishments, day care centers, industries, and other water -critical facilities, temporary water service must be provided at the Contractor's or developer's expense. In the event that water must be shut off to a customer, each customer shall be notified no later than 72 hours (or three working days, whichever is longer), in advance with a form provided by the Water and Sewer Maintenance Superintendent. A copy of this form is attached at the end of this Section 01000. The Contractor is responsible to hand-out these advance notices to each customer who will be out of service after specific coordination with the Water and Sewer Maintenance Department. The Owner reserves the right to establish the day and time for the water shutdown. This may include, but is not limited to, requiring that the shutdown take place at the time of minimum usage for the customers, and will frequently be late night and/or weekend work. Whenever possible, the Owner would like to have the work performed no later in the week than Wednesday, so the Owner may have the boil order results back in the same week as the work is performed. Steps of the process are as follow: ' 1. Identify the potential need to shut down the water. a 2. Coordinate with the Water and Sewer Department to identify exactly what addresses will be impacted and what valves must be operated. Jointly ensure that all of these valves are in proper working order. 3. Meet with the following to ensure all parties are involved and fully aware of the ' project and what is involved. This meeting will normally be held at the City Engineer's office at least four working days prior to the shutdown. The following persons must attend: the designing Engineer (or his representative), the Contractor, the City's engineering inspector, and a representative of the Water and Sewer Department. The Engineer or Contractor must bring with them the list of addresses to be affected. They must also have detailed plans for the work to be performed and plans for any temporary water services to be provided. 01000-6 _' I Section 01000 I r I I I J I I I L I I I Project Requirements Coordination must be made with each critical water user prior to this meeting. Points of contact (names and telephone numbers) for each must be on the list. 4. Hand out notices to the customers three working days in advance. Each individual address that is notified must be written down, and a copy of the list must be delivered to the Water and Sewer Department within two working hours of the notices being distributed. This list should exactly match the list identified in advance, per paragraph 3 above. If apartments or other multi -dwelling structures are involved, notice must be delivered to each individual residence. Legally, notices cannot be put in mailboxes. 5. Confirm with both Engineering and Water and Sewer Departments no later than 10:00 a.m. the day prior to the work being performed to confirm inspection and valve operation. [Engineer/Contractor] 6. Perform the work. 7. Notify Water and Sewer Department when finished with job, so they can take water samples for the boil order. 8. Issue boil order releases when sample results are returned. The Contractor is responsible to issue the releases within four hours of their return, under supervision of one Water and Sewer employee. [Attached at the end of this Section 01000 are two separate notices which may have to be distributed. The first is for water pressure reduction, when no boil order will be required. The second is when a boil order will be required. The decision of which is required will be made In the meeting at City Engineer's office (paragraph 3 above).] END OF SECTION I 01000-7 FAYETTEVI LLE EXAMPLE WATER PRESSURE REDUCTION THE CITY OF FAYEREVILLE, ARKANSAS I Due to scheduled water system maintenance in your area, the contractor listed below, under supervision of the engineer listed below, must reduce the water pressure in the area serving your business or residence. The water pressure will be reduced at the following time: DATE TURNED DOWN: TIME TURNED DOWN (approximate): TIME TURNED DOWN (approximate): If you need to draw up water for use, please due so before this time. I I I I I F I I As this is simply a temporary reduction in pressure and there will be no break in the integrity of the lines providing your water, there is no requirement for a boil order. Your water will be perfectly safe to drink as soon as full pressure is restored. If you have any questions, please call one of the following: Engineer: Contractor: Nn../Co.p.ny Naa./Ce.pany low I". Thank you for your patience and consideration. DAVID JURGENS Water/Sewer Maintenance Superintendent 575-8386 PAN\C:\APP\WPDATA\BOIL-CON.LT2 I 113 WEST MOUNTAIN 72701 501-521.7700 FAX 501-575-8257 I FAYETTEVILLE EXAMPLE II THE CITY OF FAYETTEVILLE, ARKANSAS BOIL ORDER Due to scheduled water system maintenance in your area, the contractor listed below, under supervision of the engineer listed below, must shut the water off to your business or residence. The water will be off as follows: ■ DATE TURNED OFF (approximate): TIME TURNED OFF (approximate): TIME TURNED ON (approximate): If you need to draw up water for use, please due so before this time. Once your water has been turned back on, the State Health Department requires that we ask that you boil your cooking and drinking water for 5 minutes until you receive notice that the boil order is lifted. The boil order will be in effect until the water has been tested and approved by the State Health Department. The results should be known in 5 to 7 days. You will be notified via letter on your door as soon as the Water/Sewer Department receives 'approval from the Health Department. This boil order is a precautionary requirement. The chances of contamination in your water are slight, but we must publish the boil order as a precautionary safety measure and to meet State regulations. If you have any questions, please call one of the following: Engineer: New/Co.p.ny Phone Contractor: N.../co.pnny PDon. Thank you for your patience and consideration. ' DAVID JURGENS Water & Sewer Maintenance Superintendent 575-8386 PRN\C:\APO\NPDATA\MOIL-GUN. LTG I 113 WEST MOUNTAIN 72701 501-521-7700 FAX 501.575-8257 I Section 01025 Measurement & Payment I 1 I I I I I I I 1 I I TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the lump sum prices bid under the various items of the Bid as hereinafter set out. Item 1 - Elevated Water Storage Tank Payment for the elevated water storage tank shall be made in accordance with the lump sum bid. The price shall be full compensation for every item of work as shown on the Plans and/or as called for in the Specifications. Price bid includes construction of a 750,000 gallon fluted -column water storage tank, tank painting and disinfection, reinforced concrete foundation, piping, valves, vaults, excavation, sitework, paving, fencing, electrical, cleanup and seeding, and all other items and appurtenances necessary for a complete and operational facility. This item includes all items of construction as specified and detailed on the Plans not specifically called for under other items of the Bid. Payment shall be made in accordance with the lump sum price bid under this item of the Bid. Measurement shall be based on the Engineer's estimate of percent complete. Item 2 - Trench or Excavation Safety System Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for trench or excavation safety system requirements in accordance with Act 291 of the 1993 Arkansas General Assembly. Payment under this item will not be made until project is completed, accepted, and the Contractor certifies that he has met all requirements as set out in said Act 291. END OF SECTION 01025-1 I Section 01301 Schedules I TECHNICAL SPECIFICATIONS I 10 A. SCHEDULE OF VALUES SCHEDULES The Contractor shall develop the Schedule of Values as required by Section 2.6.3 of the General Conditions to the following level of detail, as a minimum. 1. Sitework. Provide a breakdown of costs for general site earthwork and grading, seeding, drainage structures and piping, paving, fencing, and other related items. 2. Yard Piping. Provide a breakdown of costs per size and type of piping and valves for all piping outside of structures. Costs shall include materials, excavation, bedding, installation, and related work. I. 3. Fluted -Column Elevated Water Storage Tank. Provide a breakdown of costs for reinforced concrete, tank foundation, structural steel, doors, painting, disinfection, and other related items of work. I I I 4. Electrical. Provide a cost breakdown for all electrical equipment and installation including motor control center, disconnects, conduit, wiring, panels, transformers, lighting, and other related items of work. B. CRITICAL PATH SCHEDULE The Contractor shall show various phases of work to be performed, submittals, materials and equipment orders, receipt of materials and equipment, manpower, skills, and equipment required, and completion dates of various phases of work to be performed for completion of the project. With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable critical path scheduling at least ten days before submission of the first application for payment. On the last Friday of each month, the Contractor shall submit to the Engineer critical path progress status reports and revised schedules as required to show completion of the project. END OF SECTION 01301-1 Section 01312 Sequence of the Work I TECHNICAL SPECIFICATIONS SEQUENCE OF THE WORK A. GENERAL After the contracts, bonds, and certificates of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the Contract Times will commence. The Contractor shall complete the contract within the Contract Times set out in the Agreement. ,. B. EXECUTION This project involves additions and modifications to an existing, operating water distribution system which must comply with state and federal requirements for drinking water. As a result, it will be necessary for the Contractor to schedule, with the Owner, the time for initiation of operation of any specified modifications, alterations and/or additions to the existing facilities. All existing valves and equipment will be operated by Fayetteville Water Department personnel. The Contractor shall cooperate in all respects with the Fayetteville Water Department personnel during the construction of the new facilities. C. COORDINATION OF WORK Two additional contract sections (Contract Section I - Lines, and Contract Section I1 - Pump Station) are being constructed during the timeframe of this contract section. The Contractor under this contract section shall coordinate his work with the contractors under Contract Sections I, and II, as applicable. Certain electrical connections are to be made under this contract section which require coordination with the Contract Section I contractor. These connections are shown on the Plans. The tank shall not be disinfected until the work under Contract Sections I and Ills substantially complete, and the system can be operated as a whole. END OF SECTION I I 1 01312-1 II Section 01335 Submittals II TECHNICAL SPECIFICATIONS SUBMITTALS A. GENERAL The Contractor shall submit a minimum of five copies of the equipment proposed to be furnished on the project. Any items not in compliance with the Specifications shall be noted on the submittals. B. NON -SPECIFIED MATERIALS OR EQUIPMENT Any equipment submitted other than that specified, which requires additional work to be performed, shall be noted by the Contractor prior to submittal. The cost of any additional work required shall be borne by the Contractor. C. COORDINATION OF WORK The Contractor shall allow two weeks for initial review by the Engineer. The Engineer may withhold action on any submittal which requires coordination with other submittals until such submittals are received. IEND OF SECTION ri I I I I I I 01335-1 Section 01660 Testing & Certifications TECHNICAL SPECIFICATIONS TESTING A. GENERAL The Contractor shall be responsible for and shall pay all costs associated with any inspection or testing required in connection with Owner's or Engineer's acceptance of materials or equipment incorporated in the work, as provided for in Article 13 of the General Conditions. B. CERTIFICATES OF COMPLIANCE The Contractor shall be responsible for furnishing to the Engineer materials and equipment manufacturers' duly sworn certificates of compliance with all requirements and provisions of applicable standards such as, but not limited to, AWWA, ASTM, ANSI, AASHTO, AHTD, or others for all materials and equipment delivered to this project. C. SPECIFIC REQUIREMENTS ISpecific requirements for testing and certificates of compliance are set forth In the Technical Specifications for each item of work. IEND OF SECTION I I I 1 I I 01660-1 Section 01800 0 & M Manuals TECHNICAL SPECIFICATIONS 1 OPERATION AND MAINTENANCE MANUALS A. OPERATION AND MAINTENANCE DATA Adequate operation and maintenance information shall be supplied for all equipment requiring maintenance or other attention. The equipment supplier shall prepare an operation and maintenance manual for each type of equipment furnished. Operation and maintenance manuals shall include the following: 1. Equipment function, normal operating characteristics, and limiting conditions. I2. Assembly, installation, alignment, adjustment and checking instructions. ' 3. Operating instructions for startup, routine and normal operation, regulation and control, shutdown and emergency conditions. 4. Lubrication and maintenance instructions. 5. Guide to "troubleshooting." 6. Parts lists and predicted life of parts subject to wear. 7. Outline, cross section, and assembly drawings; engineering data; and wiring diagrams. 8. Test data and performance curves, where applicable. 9. Other pertinent information. IB. EQUIPMENT Operation and maintenance manuals shall be prepared for the following. The operation and maintenance manuals shall be in addition to any instructions or parts lists packed with or attached to the equipment when delivered, or which may be required by Contractor. Specification Section Type of Equipment I I I I 02640 Pressure Gauges 02640 Butterfly Valves 16950 Instrumentation 01800-1 Section 01800 O & M Manuals I C. FORMAT Manuals and other data shall be printed on heavy, first quality (minimum 20 pound) paper, 8-1/2 inch by 11 inch size with standard three hole punching. Drawings and diagrams shall be reduced to 8-1/2 inches by, 11 inches or 11 inches by 17 inches.. Where reduction is not practicable, larger drawings shall be folded separately and placed in envelopes which are bound into the manuals. Each envelope shall bear suitable identification on the outside. D. MANUALS Three preliminary copies of each manual shall be submitted to Engineer prior to the date of shipment of the equipment, After review by Engineer, four final copies of each operation and maintenance manual shall be prepared and delivered to Engineer not later than 30 days prior to placing the equipment in operation. Preliminary and final manuals, and all other parts lists and information shall be temporarily bound in heavy paper covers bearing suitable identification. A table of contents and index tabs shall be furnished for ft all volumes containing data for three or more items of equipment: S All material shall be marked with project identification, and inapplicable information shall be marked out or deleted. Shipment of equipment will not be considered complete until all required manuals and data have been received. END OF SECTION I ', C 01800-2 s Section 02100 Site Preparation TECHNICAL SPECIFICATIONS U SITE PREPARATION, EXCAVATION AND BACKFILL, UNDERCUTTING, COMPACTED FILLS AND FINISH GRADING A. GENERAL I. The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for sitework, including clearing, grading, erosion control, excavation and backfill, construction of embankments, dewatering, and finished grading of the project site. The work shall • include every item of construction necessary for complete and acceptable sitework as shown on the Plans and hereinafter specified. I I.i I I, I I H I Clearing Limits. Clearing limits are noted on the Plans. Only areas within the clearing limits will be cleared. Trees designated on the Plans to be protected that are within the clearing limits will be protected during construction. Any areas inside the clearing limits which are not necessary to clear for construction and structures may be left in their existing condition, at the option of the Contractor. Dirt or debris shall not be placed against the base of trees. 2. Replacement. The Contractor, at his own expense, shall replace any trees damaged during construction inside the clearing limits, if such trees have been designated to be protected. The Contractor, at his own expense, shall replace any trees outside the clearing limits which are damaged during construction. B. MATERIALS AND EXECUTION Clearing and Grubbing. The construction areas should be cleared of all obstructions and vegetation not specifically noted to be protected. Existing electrical services shall be relocated in accordance with the Plans. 2. Topsoil Removal. Prior to the commencement of construction, the site should be cleared of all vegetation in construction areas. After the site is cleared, all topsoil should be stripped from the site and an adequate amount stored (4 inch minimum thickness) for reuse on the site for final seeding, sodding, or landscaping. Excess topsoil may be used on embankment slopes or excavated slopes after final compaction of the embankment material or backslopes. No topsoil shall be placed in areas to receive pavement, sidewalks or structures. Topsoil shall not be used in areas that will support embankments, structures, or pavements. 3. Excavation. Excavation work shall include the necessary removal and disposal of all debris; excavation and trenching as required; the handling, storage, transportation, and disposal of all excavated material; all necessary sheeting, shoring, and protection work; preparation of subgrades; pumping and dewatering as necessary or required; protection of adjacent property; backfilling; construction of fills and embankments; and other appurtenant work. I 02100-1 Section 02100 , Site Preparation Excavation work shall be performed in a safe and proper manner with appropriate precautions being taken against all hazards. Excavation shall provide adequate working space and clearances for the work to be performed therein and for installation and removal of concrete forms. Undercutting will be required to remove moisture -sensitive soft and wet upper -level 1 silty soils to obtain a stable subgrade prior to construction of roadways, structures or embankments, especially during and following wet periods. The amount of material to be undercut will vary with the season of the year, with less undercutting anticipated during the dry seasons of the year. , Also, the likely uncontrolled fills should be removed and replaced in areas which will support loads. It is likely that variations in undercut depths will occur between various locations. Subgrade surfaces shall be clean and free of loose material of any kind when concrete is placed thereon. Backfilling and construction of fills and embankments during freezing weather shall $ not be done except by permission of the Engineer. No backfill, fill or embankment materials shall be installed on frozen surfaces, nor shall frozen materials, snow, or ice be placed in any backfill, fill or embankment. Excavation in soils should be performed in accordance with all applicable local, state and federal safety regulations. a. Classification of Excavated Materials. No classification of excavated materials will • be made. The cost of all rock excavation on the site for I shall be made under other items of the Bid. Excavation and trenching work shall include the removal and subsequent handling of all materials excavated or otherwise removed in performance of the contract work, regardless of the type, character, composition, or condition thereof. Location of test borings which have been made are shown on the Grading Plan. b.. Unauthorized Excavation. The Contractor shall excavate all structures for placing of concrete to the lines and grades shown on the Plans. Should any overexcavation occur which has not been authorized by the Engineer, the overexcavation shall be replaced, by and at the expense of the Contractor, with compacted embankment material. c. Dewatering. The Contractor shall provide and maintain adequate II dewatering equipment to remove and dispose of all surface and ground water entering excavations, trenches, or other parts of the work. Each excavation shall be kept dry during subgrade preparation and continually thereafter until the structure to be built, or the pipe to be installed therein, is completed to the extent that no damage from hydrostatic pressure, 1 02100-2 1. I I I Section 02100 Site Preparation flotation, or other cause will result. All excavations for concrete structures or trenches which extend down to or below ground water shall be dewatered by lowering and keeping the ground water level beneath such excavations 12 inches or more below the bottom of the excavation. Surface water shall be diverted or otherwise prevented from entering excavated areas or trenches to the greatest extent practicable without causing damage to adjacent property. The Contractor will be held responsible for the condition of any pipe or conduit which he may use for drainage purposes, and all such pipes or conduits shall be left clean and free of sediment. d. Sheeting and Shoring. Except where banks are cut back on a stable slope, excavation for structures and trenches shall be properly and substantially sheeted, braced, and shored, as necessary, to prevent caving or sliding, to provide protection for workmen and the work, and to provide protection for existing structures and facilities. Sheeting, bracing and shoring shall be • designed in accordance with OSHA requirements and built to withstand all loads that might be caused by earth movement or pressure and shall be rigid, maintaining shape and position under all circumstances. e. Stabilization. Subgrades for concrete structures and trench bottoms shall be firm, dense, and thoroughly compacted and consolidated; shall be free from mud and muck; and shall be sufficiently stable to remain firm and intact under the feet of the workmen. Subgrades for concrete structures or trench bottoms which are otherwise solid, but which become mucky on top due to construction operations, shall be reinforced with crushed rock or gravel at the expense of the Contractor. I The finished elevation of stabilized subgrades shall not be above subgrade elevations shown on the Plans. 4. Subgrade a. Soil Subarade. Soils which, in the opinion of the Engineer, are unsuitable for the construction shall be undercut and disposed of at locations shown on the Plans or as specified by the Engineer and replaced with suitable select material. Loose and soft soil areas requiring undercutting shall be identified by probing and proof -rolling. Probing shall be performed by a Geotechnical Engineer or his designated representative and in conjunction with the proof - rolling. The proof -rolling, if necessary, shall be done with a dual -tired, tandem axle dump truck loaded to a gross weight of approximately 20 tons. Soils which are observed to offer little resistance to the probe or rut/deflect 1 02100-3 Section 02100 Site Preparation excessively under the moving load should be undercut and replaced with properly compacted. embankment. Following completion of the stripping and undercutting operations;' the subgrade shall be prepared prior to the placement of any fill. The exposed subgrade, if it is loose, soft, or lacks uniformity, shall be scarified to a depth of 6 inches. If the slope ratio of the subgrade is steeper than 5 horizontal to 1 vertical, the subgrade shall be stepped or benched appropriately prior to scarifying to ensure keying of fill material Into the existing subgrade. The scarified subgrade shall be disked and/or bladed until it is uniform and free of large clods or chunks, 51 Embankment and Fill Material. Embankments for roadway, and structural or engineered fills under or within structures or foundations shall be constructed of suitable select material obtained from the site or an approved imported fill. Fill material shall be free of trash, organic matter and other deleterious materials. The fill shall not contain rocks larger than 4 inches in size. Imported select material for backfill of structures and under pavements shall consist of select clayey sand (SC), sandy clay (CL), -clayey gravel (GC), or an approved equivalent. Fill shall be placed in 8 inch loose lifts and compacted to 100 percent maximum standard Proctor density (ASTM D-698) with a water. content range of 2 percent below to 3 percent above optimum. Compaction test shall be taken on each completed lift of fill to verify compaction. 1 When the tests indicate that the density of any area or lift is below the required density or beyond the specified moisture contents, the failing portion should be reworked and then retested until the results are within specifications. The fill shall be placed in uniform level lifts not to exceed 8 inches and compacted. Each lift shall be evenly spread and thoroughly mixed during the spreading to ensure uniformity of the material ,and moisture distribution throughout the lift. Compaction should be to a minimum of 100 percent of the maximum dry density as determined by the standard Proctor test. Also, the moisture content shall be controlled to within 2 percent below optimum to 3 percent above optimum. When the subgrade is frozen, thawing or during unfavorable weather conditions l� filling and compaction operations should be suspended. If the work is interrupted by heavy rains, freezing weather, or other unfavorable weather conditions some near surface soils may have to be removed and/or reworked. Additional subgrade preparation should not be resumed until tests indicate that the moisture content and density of the previously prepared material are within specification. 6. Grading. Grading shall be constructed to the following finished elevations: a. Unpaved Areas. Unpaved areas shall be graded to a point no higher than. I 4 inches below the indicated finished grade to allow for the placement of topsoil.. 02100-4 Section 02100 Site Preparation b. Gravel Base Surfaced Areas. Areas shown on the Plans to be surfaced with gravel base shall be graded to a point no higher than 6 inches below the indicated finished grade to allow for the placement of gravel base. C. Asphalt Paved Areas. Areas shown on the Plans to be asphalt surface with gravel base shall be graded to a point no higher than 8 inches below the indicated finished grade to allow for the placement of the pavement section. / d. Area Within Structure Foundation. The area shall be graded to a point below the finished floor grade to allow for placement of 4 inches of drainage fill under all building slabs. 7. Erosion Control. Areas which are denuded of vegetation and which may be subject to erosion shall be protected from erosion either by temporary seeding and/or mulching or by temporary straw ditch checks. 8. Finished Grading. After all structures have been completed and all backfills have been compacted, all areas on the project construction site which have been disturbed by the Contractor shall be brought to true grade with a minimum of 4 inches of topsoil. 9. Drainage Fill. Drainage fill, where shown on the Plans, shall be a washed, evenly graded mixture of crushed stone, or crushed or uncrushed gravel, ASTM 0448, coarse aggregate grading size 57, with 100 percent passing a 1-1/2 inch sieve and not more than 5 percent passing a No. 8 sieve. C. TESTING Ii Hi 1 I I I All density testing, modified and standard Proctors and in -place densities of grading and backfill, including determination of soil classifications, plasticities, and Atterberg limits, shall be performed by a laboratory acceptable to the Engineer. The field density and moisture content tests shall be spaced such that each test represents approximately 5,000 square feet per lift or 100 feet of roadway and with not less than three tests per lift. All costs associated with laboratory and field density testing, Proctor and other geotechnical soil testing, probing and identification will be at the Contractor's expense and included in the lump sum bid. END OF SECTION 1 02100-5 Section 02460 Hot -Mixed Asphalt Paving TECHNICAL SPECIFICATIONS HOT -MIXED ASPHALT PAVING A. GENERAL The work to be included under this section of the Specifications shall consist of the furnishing, placing, compacting and finishing all base course, prime coat, tack coat and asphaltic concrete materials as herein specified and as shown on the Plans. New paving as well as existing pavement damaged or removed during construction shall be in accordance with these Specifications. B. MATERIALS 1. Base Course. Base course material shall be as specified in Section 2461 of these Specifications. 2. Surface Course. The surface course of the pavement shall be composed of a mixture of mineral aggregate and asphalt cement which meets the requirements of Type 2 gradation specified In Section 407 of the Standard Specifications for Highway Construction. Asphalt cement shall be Grade AC -30. C. CONSTRUCTION 1. Base Course. After the subgrade has been compacted and accepted by the Engineer, the base course of aggregate base course, Class 7 material conforming to Section 303 of the Standard Specifications for Highway Construction shall be placed and compacted to 95 percent modified Proctor density as herein specified and as detailed on the Plans. If the depth of required base material exceeds 7 inches, the Contractor shall place and compact the material in two equal lifts. Compaction tests shall be taken at not more than 500 square foot intervals as designated by the Engineer. Two additional tests shall be taken for each failing test. Expense of all testing shall be borne by the Contractor. During the placement of the base course material, the crushed stone shall be bladed and rolled to ensure complete and proper mixing, and water shall be added as required to establish optimum moisture for compaction. Water for construction purposes will be the responsibility of the Contractor. 2. Hot -Mix Asphaltic Concrete Surface Course. The prime and tack coats shall be allowed to cure and, when accepted by the Engineer, the surface course shall be placed conforming to the requirements of Sections 407, 409 and 410 of the Standard Specifications for Highway Construction. The material shall be placed to the compacted thickness shown on the Plans and compacted to 92 percent of the theoretical density. The surface course material shall be placed by the use of a self-propelled laying machine, with a vibrating screed designed to install a paving width of at least 13 feet. I 02460-1 Section 02460 Hot -Mixed Asphalt Paving 3. Cost of Testing. One test per 1,000 square feet of parking area or one per 100 linear feet of driving surface shall be made.. The cost of all density testing shall be borne by the Contractor and included in the lump sum bid. END OF SECTION r I. 02460-2 Section 02461 Aggregate Base Course TECHNICAL SPECIFICATIONS AGGREGATE BASE COURSE, CLASS 7 A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, testing and incidentals necessary for providing, placing and compacting aggregate base course, Class 7, as shown on the Plans and as hereinafter specified. B. MATERIALS AND EXECUTION The Contractor shall furnish materials and place and compact aggregate base course, Class 7, as specified by Section 303 of 'Standard Specifications for Highway Construction,' Edition of 1996, published by the Arkansas State Highway Commission. These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas. Aggregate base course, Class 7, shall be compacted to 95 percent of modified Proctor (ASTM D1557-78). rC. TESTING All testing, gradation, plasticity, modified Proctor standards, and in -place densities of aggregate base course, Class 7, shall be performed by a laboratory acceptable to the Engineer. All costs associated with the required testing shall be borne by the Contractor. The number of tests required shall be as set out below: ' Parking Areas and Driving Surfaces: One per 1,000 square feet for parking areas or one per 100 linear feet of driving surfaces. • Under Buildings/Structures: One per 500 square feet. All tests shall be taken at the locations directed by the Engineer. Any retest or tests performed at the option of the Contractor shall be at the expense of the Contractor and shall not be included in the number of tests specified previously. IEND OF SECTION 'I I 02461-1 I Section 02620 Tank Disinfection I I A. / J I 5 Ii I I It TECHNICAL SPECIFICATIONS DISINFECTION OF WATER STORAGE FACILITIES - METHOD 3 GENERAL Method. After all painting work is complete, the Contractor shall thoroughly clean the tank and wash the interior surfaces of the tank bowl with a chlorine solution of at least 50 parts per million. After cleaning in this manner, the Owner will turn water into the tank and the Contractor shall disinfect in accordance with Section 4.3 of AWWA Specification C-652, Disinfection of Water Storage Facilities, "Third Method," as set out below. Upon filling the tank, the Owner will submit to the Arkansas Department of Health the necessary samples to be tested before placing the tank in operation. The Contractor shall coordinate cleaning and disinfection of the tank with the Owner. Water and chlorine shall be added to the storage facility In amounts such that initially the solution will contain 50 mg/I available chlorine and will fill approximately 5 percent of the total storage volume, and this solution shall be held in the storage facility for a period of not less than six hours. The storage facility shall then be filled to the overflow level by flowing potable water into the highly chlorinated water, and shall be held full for a period of not less than 24 hours. All highly chlorinated water shall then be purged from the drain piping. Then, subject to satisfactory bacteriological testing and acceptable aesthetic quality, the remaining water may be delivered to the distribution system. Chlorine shall be added to the storage facility by the method described in Section 4.1.1, 4.1.2 or 4.1.3. The actual volume of the 50 mg/I chlorine solution shall be such that after the solution is mixed with filling water and the storage facility is held full for 24 hours, there will be free chlorine residual of not less than 2 mg/I. The Owner will furnish a reasonable amount of potable water for cleaning and disinfection to the Contractor without charge. The storage facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 2. Sequence. The water lines to the tank shall be cleaned, pressure tested, and sterilized prior to disinfecting the tank in accordance with Section 02643 of these Specifications. END OF SECTION I 02620-1 I Section 02640 I I I I I PA I t lH Piping, Fittings, Valves, Appurtenances TECHNICAL SPECIFICATIONS PROCESS PIPING, FITTINGS, VALVES AND APPURTENANCES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for furnishing and installing all piping, fittings, valves, and other appurtenances of the type required as shown on the Plans and hereinafter specified. B. MATERIALS - PIPE AND PIPE FITTINGS Ductile Iron Pipe - General. Piping for special purposes shall be as noted on the Plans or as specified elsewhere in these Specifications. Raw and finished water piping, except as noted otherwise, shall be ductile iron pipe. All bolts, fasteners, etc. for connecting valves, fittings or other appurtenances in subaqueous conditions shall be stainless steel of adequate strength and size for the respective situation. F1 Tvoe Joints (Outside Piping). Unless otherwise shown on the Plans or specified, pipe and pipe fittings furnished on this project for exterior piping shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used as indicated on the Plans, and shall be in conformance to paragraph B.1.b of this Specification. 1) Ductile Iron Pipe (3 Inch Through 64 Inch). All ductile iron pipe furnished with either push -on or mechanical type joints shall conform to the requirements of "Thickness Design of Ductile Iron Pipe' ANSI/AWWA C150/A21.50, latest revision, and 'Ductile Iron Pipe, Centrifugally Cast, for Water,' ANSI/AWWA C151/A21.51, latest version. All pipe shall be minimum Special Class 50. 2) Ductile Iron Pipe Fittings a) Ductile Iron Pipe Fittings (3 Inch tnrougn 24 incn ana a4 incn through 64 Inch). All fittings 3 inch through 24 inch and 54 inch through 64 inch shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for 'Ductile Iron Compact Fittings, 3 In. Through 24 In. (76 mm through 610 mm) and 54 In. Through 64 In. (1400 mm through 1600 mm), for Water Service.' All fittings shall have a minimum pressure rating of 250 psi, and shall be 'Made in U.S.A.' I 02640-1 Section 02640 1 Piping, Fittings, Valves, Appurtenances b) Ductile Iron Pipe Fittings (30 Inch Through 48 Inch). All fittings 30 inch through 48 inch shall be ductile iron fittings and shall conform to the requirements of ANSI/AWWA C1101A21.10, latest revision, for "Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In. (75 mm through 1200 mm), for Water and Other Liquids." 3) Ductile Iron Pipe Joints. All ductile iron pipe and ductile iron pipe fittings with mechanical or push -on type joints shall have rubber gasket joints in conformance with "Rubber Gasket Joints for Ductile Iron Pressure Pipe and Fittings," ANSI/AWWA C111/A21.11, latest revision. 4) Restrained Joints. All fittings shall be mechanical joint type. I Mechanical joint restraint shall be incorporated into the design of the follower gland. The restraining mechanism shall consist of individually actuated wedges that increase their resistance to pull-out as pressure or external forces increase. The device shall be capable of full mechanical joint deflection during assembly and the flexibility of the joint shall be maintained after burial. The joint restraint ring and its wedging components shall be made of Grade 60-42-10 ductile iron conforming to ASTM A536-84. The wedges I shall be ductile iron heat -treated to a minimum hardness of ii 370 BHN. Dimensions of the gland shall be such that it can be used with the standardized mechanical joint bell conforming. to ANSI/AWWA C111/A21.11 and ANSI/AWWA C153/A21.53 of the latest revision. Torque limiting twist -off nuts shall be used to ensure proper actuation of the restraining wedges. The mechanical joint restraint shall be available in the 3 through 48 inch sizes. They shall have a rated working pressures of 350 psi in sizes 16 inch and smaller, and 250 psi in sizes 18 inch through 48 inch. The devices shall be listed by Underwriters Laboratories up through the 24 inch size and approved by Factory Mutual up through the 12 inch size. The restraint shall be the Series 1100 Megalug restraint as produced by EBAA Iron, Inc. 5) Polyethylene Encasement. All buried pipe and fittings shall have polyethylene encasement in conformance to ANSI/AWWA C105/A21.5, latest revision, "Polyethylene Encasement for Ductile - Iron Pipe Systems." The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. b. (Inside Structure Walls). Where shown on the Plans, the Contractor shall furnish and install flanged ductile iron pipe and flanged ductile iron fittings in accordance with the following Specifications. 02640-2 ' Section 02640 Piping, Fittings, Valves, Appurtenances 1) Ductile Iron Pipe. All flanged pipe furnished on this project shall be ductile iron pipe in conformance with the requirements for 'Flanged Ductile Iron Pipe with Ductile -Iron or Gray -Iron Threaded Flanges,' • ANSI/AWWA C115/A21.51, latest revision, and to the applicable requirements of ANSI/AWWA C151/A21.15, 'Ductile -Iron Pipe, Centrifugally Cast for Water," latest revision. The pipe shall have ' a minimum rated pressure of 250 pounds per square inch. 2) Ductile Iron Pipe Fittings. All flanged fittings shall be Ductile Iron fittings in conformance with the requirements of ANSI/AWWA C110/A21.10, 'Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In. (75 mm through 1200 mm), for Water and Other Liquids' - latest revision, and Appendix B of said standard. All fittings shall have facing and drilling which match AWWA C115 threaded -on flanges and shall have a minimum pressure rating of 250 pounds ' per square inch. 3) Bolts and Gaskets for Flanged Pipe and Pipe Fittings. Bolts and gaskets shall meet the requirements of ANSI/AWWA C115/A21.51 and ANSI/AWWA C110/A21.10, latest revisions. Gaskets shall be rubber, 1/8 inch thick, full face. r4) Pipe Bosses. Bosses shall be provided on pipe as shown on the Plans. Where the working pressure is less than or equal to 200 pounds per square inch, the bosses shall be foundry fabricated and be faced and tapped with AWWA C110 flange connections. Where the working pressure shown exceeds 200 pounds per square inch, the bosses shall be foundry fabricated and be faced and tapped for ANSI B16.1, Class 250 flange connections. c. Inside Coatings. All ductile iron pipe shall receive the following interior lining: 1) Water Pipe. All ductile iron pipe and ductile iron pipe fittings shall have a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4, "Cement -Mortar Lining for Ductile -Iron Pipe and Fittings for Water," except where noted otherwise. d. Outside Coating. All ductile iron pipe shall have either a bituminous exterior coating, or shall be delivered to the site factory cleaned and primed as set out below. • 1) Factory Primed Pipe. Unless otherwise shown on the Plans, all I. exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Tnemec Series 140-1211 Pota-Pox Plus. See Section 09800 of these Specifications. 02640-3 Section 02640 Piping, Fittings, Valves, Appurtenances 2) Bituminous Coating. All pipe and fittings indicated for buried service • shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. e. Polyethylene Encasement. All buried pipe and fittings shall have polyethylene encasement in conformance to ANSI/AWWA C105/A21.5, latest revision, "Polyethylene Encasement for Ductile -Iron Pipe Systems." The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. I 2. Galvanized Steel Pipe and Fittings a. Galvanized Steel Pipe. Threaded and flanged fitting pipe as shown on the Plans shall be unlined Schedule 80 steel pipe and shall conform with the requirements of ASTM A120-82 and ASTM A53 where applicable, latest revision, and be galvanized in accordance with ASTM Specification A90-81, latest revision. b. Galvanized Steel Pipe Fittings. Threaded fittings for galvanized pipe shall be galvanized in conformance with ASTM Specification A90-81, latest revision. The fittings shall be Schedule 80 steel, compatible with the pipe. C. MATERIALS - VALVES 1. Gate Valves - General. All gate valves shall conform to the requirements of AWWA C509, latest revision, for "Resilient Seated Gate Valves for Water Supply Service," latest revision, and shall be designed for 200 psi working pressure. The interior of the valve shall have a protective interior coating in compliance with AWWA C550, latest revision, for "Protective Interior Coatings for Valves and Hydrants.' The valve shall be tested in accordance with AWWA C509, "Protective Epoxy Interior Coatings for Valves and Hydrants," latest revision. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all . materials used in its construction conform to the requirements of AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 02640-4 Section 02640 Piping, Fittings, Valves, Appurtenances a. Outside Service (Buried 4. 6. 8 and 10 Inch) 1) Model: Mueller Resilient Seat A2370 Series, non -rising stem, or equal. 2) Pressure: 200 psig working pressure; 400 psig test pressure. 3) Joint Type: Mechanical joint ends in compliance with ANSI/AWWA C111/21.15, unless noted otherwise on the Plans. 4) Construction: Iron body and disc, epoxy coated interior, disc seat to be replaceable steel reinforced rubber. Exterior coating suitable for direct burial. • 5) Method of Operation: 2 inch square operating nut. 6) Opening: Open left (counterclockwise). 7) Valve Box and Appurtenances: All buried valves shall be equipped with iron valve boxes, Clow F2450, 5-1/4 inch shaft diameter, or equal, consisting of base, extension, and cover. All valves with greater than 6 foot bury shall be equipped with a permanent extension stem, extending to the ground with operating nut. The covers shall be marked "WATER.' b. Inside Service (Exposed 4. 6. 8 and 10 Inch) 1) Model: Mueller Resilient Seat A2370 Series, non -rising stem, or • equal. 2) Pressure: 200 psig working pressure; 400 psig test pressure. 3) Joint Type: Flanged, end dimensions and drilling comply with ANSI • 816.1, Class 125. 4) Construction: Iron body and disc, epoxy coated interior, disc seat to be replaceable steel reinforced rubber. 5) Method of Operation: Handwheel. 6) Opening: Open left (counterclockwise). ' 2. Check Valves. The double -door check valve shall be APCO Model 9000, compact wafer design to fit between ANSI flanges. The check valve doors shall be spring - 1 loaded, normally -closed, by means of one or more heavy-duty stainless steel torsion springs. Seating shall be resilient seat and watertight. The sealing element shall be Buna-N molded to the body. Valves shall be fitted with a lifting hook for installation purposes. The body shall be ASTM 536 ductile iron with bronze doors and stainless steel springs, hinge pin, and stop pin. 3. Butterfly Valves. Butterfly valves shall be in compliance with AWWA C504 for Class 1508 and shall be Pratt Model 2FII, as set out below: ' 02640-5 Section 02640 Piping, Fittings, Valves, Appurtenances 1) Working Pressure: 150 psi. 2) Closure: Bubble -tight at rated pressure. 3) Valve Body: ASTM A-126 Class B cast iron. 4) Valve Disc: ASTM A-536 ductile iron with stainless steel seating edge. 5) Valve Seat: Buna-N rubber. 6) Operator: Manual - Handwheel. 4. Pressure Gauges. Pressure gauges shall.be equal to Ashcroft Type 1279 Duralife General Service Gauges, and shall be stainless steel, glycerine -filled, and be provided with an isolation valve. Mounting shall be from the bottom. Gauge ranges shall be so indicated on the Plans. D. EXECUTION Pipe. Fitting. Valve and Appurtenance Installation a. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or groundwater; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and backfill compaction; remove surplus excavated material; and clean the site. Prior to trenching for new lines, the Contractor shall locate existing lines which may interfere or dictate location and grade of new piping. 1) Alignment and Grade. The pipe shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 2) Trench Excavation. The trench shall be excavated so that the pipe can be laid to the alignment and depth required. The trench shall be so braced and drained that the workmen may work therein safely and efficiently. It is essential that the discharge of any trench dewatering pumps be conducted to natural drainage channels, drains or storm sewers. 3) Trench Width. The excavated pipe line trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. L 1 I I I I I! I I 02640-6 u Section 02640 Piping, Fittings, Valves, Appurtenances ' If the Contractor overexcavates the trench, he shall provide additional pipe bedding gravel or concrete as necessary to prevent crushing of the pipe due to excessive earth loads. All additional bedding material or concrete required shall be furnished at the Contractor's expense. I I Every trench in rock shall be fully opened at least 50 feet In advance ' of the place where pipe is being laid. 4) Trench Length. The Engineer shall have the right to limit the amount of trench excavated In advance of laying the pipe. In general, such excavation shall not exceed 300 feet, and trench excavated to grade shall not exceed 150 feet. i I 'I I I I I I I I 5) Pipe Bedding. After the trench has been excavated as set out above, the pipe shall have a bed prepared according to the type of area through which construction is proceeding. The cost of any aggregate base course used as pipe bedding or backfill shall be included in the lump sum price bid. a) Pipe Bedding. All pipe shall be bedded in aggregate base course from a point 4 inches below the bottom of the pipe barrel to a depth of one -eighth the pipe diameter by the full width of the excavated ditch. All plastic pipe shall be bedded up to the top of the pipe by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. b) Pipe Backfill (Driving Surfaces Parking Areas. Etc.). Where the pipe line excavation Is within the limits of or crossing driving surfaces, including the top of pipe, unpaved roads, driveways or parking lots, and within 24 inches of the finished grade, the backfill material shall be aggregate base course, Class 7. All overexcavation below the pipe shall be backfilled with pipe bedding material at the Contractor's expense. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. I 02640-7 Section 02640 Piping, Fittings, Valves, Appurtenances c) Small Pipe Bedding. Any pipe 2 inches in diameter and smaller shall be bedded in sand for 6 inches in all directions. 6) Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench at subgrade is found to be unstable or to include ashes, cinders, all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with trench backfill gravel in 8 inch uncompacted layers. The layers shall be hand or machine tamped as directed by the Engineer so as to provide a uniform and continuous bearing and support for the pipe at all points along the pipe length. Note: No extra payment will be made for the excavation or backfill of undercut areas. 7) Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be property supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the work progresses. In case the excavation Is close enough to buildings or other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left in place, and the pipe line trench backfilled and thoroughly tamped with the bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. 8) Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed bedding gravel at his own expense. Under no conditions will the pipe line be laid in a trench that has not been property dewatered. 9) Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an alteration in the plan is required, the Engineer shall have the authority to change the Plans and order a deviation from the line and grade or arrange with the owners of the structures for the removal, relocation or reconstruction of the obstruction. 10) Concrete Reaction Backing. All pipe fittings in pipe lines operating under pressure shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The 02640-8 ISection 02640 Piping, Fittings, ' Valves, Appurtenances ' area of bearing on the pipe shall be that shown on the detail sheet of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that the pipe and fitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement of reaction backing. 11) Concrete Pipe Cover. If shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the pipe line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall • be provided and installed by the Contractor. I12) Concrete Encasement. If shown on the Plans or otherwise directed by the Engineer, the pipe line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the 1 Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. All pipes under tanks shall be encased in concrete. b. Pipe Installation I1) Ductile Iron Pipe. Ductile iron pipe and fittings shall be installed in conformance with the requirements of AWWA C600, latest revision, ' and these Specifications. 2) Steel Pipe. Steel pipe and fittings shall be installed in conformance with the requirements of AWWA C600, latest revision, and these Specifications. 3) Other Pipe. All other pipe shall be installed in accord with accepted practices, the manufacturers' recommendations and these Specifications. Plastic pipe shall be bedded with crushed gravel for the full depth of the pipe then backfilled with select material. All threaded connections required for the installation of pressure, ' temperature or other switches, sample connection of any kind, or other appurtenances installed on steel or stainless steel piping shall be field or shop fabricated NPT threads and shall be threaded ' through a 3/4 inch thick boss or 1/2 inch coupling welded to the pipe and threaded prior to coating (if required). ' All piping, fittings, valves and appurtenances shall be painted as specified elsewhere in these Specifications. I 1 02640-9 Section 02640 Piping, Fittings, Valves, Appurtenances 4) Testing a) General. All pipe, except road culverts, shall be tested as • " described in Section 02643 of these Specifications, except as waived by the Owner. Underground pipe shall not be tested until it has been backfilled. Exposed pipe shall not be tested until it has been completely installed and restrained. It shall be the responsibility of the Contractor to provide the necessary outlets for testing pipeline. Outlets shall consist of a galvanized fitting fabricated integrally with the pipe, having iron pipe threads, and a corporation cock, which shall be Mueller No. H5025, or equal. END OF SECTION 02640-10 Section 02643 Testing/Disinfection ' TECHNICAL SPECIFICATIONS FLUSHING, HYDROSTATIC TESTING, DISINFECTION AND DYNAMIC TESTING OF WATER LINES ' A. GENERAL The work to be Included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the flushing, hydrostatic testing, disinfection, and dynamic testing of water lines. ' B. MATERIALS Water. Water for flushing, testing and disinfecting all facilities will be supplied by the ' Owner. The Contractor shall discharge testing and disinfection water in accordance with NPDES General Permit ARG670000. The Contractor shall schedule and coordinate this work to ensure that it will not be carried on during periods of high water usage. ' C. FLUSHING. TESTING AND DISINFECTION After completion of construction of all water lines, the Contractor shall flush, test and disinfect the new water lines as set out below. A reasonable amount of water will be furnished to the Contractor by the Owner, free of cost to the Contractor. Should the Contractor require additional amounts of water due to water line breaks or neglect on the part of the Contractor, water shall be purchased from the Owner at their bulk rate. Quantities of water which will be paid for by the Contractor shall be determined by the ' Engineer. 1. Flushing. The Contractor shall fill and flush the newly constructed lines and visually check all valves and fire hydrants to assure proper operation. a. Water Discharge. Discharging test water will be allowed only as approved by permit. I2. Hydrostatic Testing. All pipe on this project shall be tested as set out in AWWA C600, latest revision. Tests will be conducted after the line is completed ' and backfill made, except those areas around valves and fire hydrants may be left open at the discretion of the Contractor. a. Test Pressure and Duration. The line shall be tested at 150 percent of the designed operating pressure or a minimum of 150 psi, whichever is greater. The Engineer will assist the Contractor in determining test pressure at any given point. The Contractor shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 pounds per square inch at the test point for a period of two hours. b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section 'thereof, to maintain pressure within 5 psi of the above specified test ' 02643-1 Section 02643 Testing/Disinfectioh pressure after the air in the pipeline has been expelled and the pipe has been filled with water. Leakage shall not be measured by a drop in pressure in a test section over a period of time. The Contractor shall be responsible for providing all pumps, equipment and appurtenances necessary to maintain the above specified test pressure, and to meter the water supplied to the line In order to maintain the test pressure within the limits specified. c. Allowable Leakage. Leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. Should any test of pipe laid disclose leakage greater than that specified, the Contractor shall, at his own expense, locate and repair the defective joints, and retest the line until the leakage is within the specified allowance. No pipe installation will be accepted if the leakage is greater than that determined by the following formula: In inch -pound units, L = SDJP 133,200 Where: L = allowable leakage, in gallons per hour S = length of pipe tested, in feet D = nominal diameter of the pipe, in inches P = average test pressure during the leakage test, in pounds per square inch (gauge) 11 11 11 11 ALLOWABLE LEAKAGE PER 1,000 FT..OF PIPELINE - gph Avg. Test Pressure I Nominal Pipe Diameter - in. psi 3 4 6 8 10 12 14 16 18 20 24 450 0.48 0.64 0.95 1.27 1.59 1.91 2.23 2.55 2.87 3.18 3.82 400 0.45 0.60 0.90 1.20 1.50 1.80 2.10 • 2.40 2.70 3.00 3.60 350 0.42 0.56 0.84 1.12 1.40 1.69 1.97 2.25 2.53 2.81 3.37 300 0.39 0.52 0.78 1.04 1.30 1.56 1.82 2.08 2.34 2.60 3.12 275 0.37 0.50 0.75 1.00 1.24 1.49 1.74 1.99 2.24 2.49 2.99 250 0.36 0.47 0.71 0.95 '1.19 1.42 1.66 1.90 2.14 2.37 2.85 225 0.34 0.45 0.68 0.90 1.13 1.35 1.58 1.80 2.03 2.25 2.70 200 0.32 0.43 0.64 0.85 1.06 1.28 1.48 1.70 1.91 2.12 2.55 175 0.30 0.40 0.59 0.80 0.99 1.19 1.39. 1.59 1.79 1.98 2.38 150 0.28 0.37 0.55 0.74 0.92 1.10 1.29 1.47 1.66 1.84 2.21 125 0.25 0.34 0.50 0.67 0.84 1.01 1.18 1.34 1.51 1.68 2.01 100 0.23 0.30 0.45 0.60 0.75 0.90 1.05 1.20 1.35 1.50 1.80 d. Visible Leaks. All visible leaks are to be repaired regardless of the amount of leakage. 02643-2 ISection 02643 Testing/Disinfection I 3. Disinfection. After successful testing, the Contractor shall empty the line of water. ' The line shall then be disinfected in accordance with AWWA C651, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. ' The transmission line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility ' and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete the Contractor shall then flush the sterilizing solution from the lines, and the lines will then be placed into service. I The Contractor shall furnish personnel to assist the Owner in the operation of all valves, etc., to initially start up the system. 5. Acceptance. Upon successful completion of the dynamic test and sterilization, and approval of the Arkansas Department of Health, this section of the Contract Documents will be considered complete. ' END OF SECTION I I F I I I I 1 02643-3 Section 02831 Chain Link Fence I TECHNICAL SPECIFICATIONS CHAIN LINK FENCE ' A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the completion of chain link fence as shown on the Plans and hereinafter specified. ' B. MATERIALS All chain link fence shall be 7 feet in height from the bottom of the fence fabric to the top barbed wire. Fabric height shall be 6 feet. Chain link fence shall be cyclone invincible, Steward '3TH " wickwire Type 423 or chain link fence of equal design and quality as approved by the Engineer. 1. Fabric. Fabric shall be No. 9 gauge copper bearing open hearth steel wire woven In 2 Inch mesh, and heavily galvanized by the hot -dip process after weaving. ' 2. Posts. All posts shall be heavily coated with zinc by the hot -dip process after fabrication. All posts shall be of such a length that they may be embedded in ' concrete foundations to a depth not less than 30 inches. a. Line Posts. All line posts shall be 2-3/8 inch O.D. Schedule 40 galvanized pipe weighing not less than 3.65 pounds per linear foot. b. End. Corner. Angle and Pull Posts. These posts shall be of tubular steel, 3 inches outside diameter, weighing not less than 5.79 pounds per linear foot. c. Swing Gate Posts. Swing gate posts shall be tubular steel and of a weight not less than that shown on the following table for the respective width gates. Gate Width Post O.D. Weight • 6' 3" 5.79 pounds • 8' 4" 9.10 pounds 12' 4" 9.10 pounds 18' 6-5/8" 18.97 pounds d. Gate Stops. Provide gate stops for double gates consisting of mushroom - type flush plate with anchors, set in concrete, and designed to engage a center drop rod or plunger bar. Include a locking device and padlock eyes as an integral part of the latch, permitting both gate leaves to be locked with a single padlock. 02831-1 Section 02831 • , Chain Link Fence 1 3. Top Rail. All top rails• shall be of 1-5/8 inch O.D. seamless steel pipe weighing 2.27 pounds per linear foot or other sections of equal quality as approved by the ■ Engineer. All rails shall be zinc coated by the hot -dip process after. fabrication. ■ 4. Bracing. All bracing for end, gate, corner and angle posts shall be 1-5/8 inch O.D. 2.27 pound seamless steel tubing, complete with all fittings hot -dip galvanized. 5. Extension Arms. All intermediate posts shall be equipped with pressed copper - bearing steel extension arms. All end and corner posts shall be provided with heavy malleable iron extension arms. All extension arms shall be heavily coated with zinc by the hot -dip process. Each extension arm shall carry three strands of barbed wire at an angle of.45 degrees, the upper strand 12 inches out from the fence line, and 12 inches above the top of the fabric. 6. Barbed Wire. Barbed wire shall be of the four -point pattern, composed of two ' strands of No. 12-1/2 gauge copper -bearing steel wire, with large barbs spaced 3 inches apart and shall be heavily galvanized by the hot -dip process after weaving. 7., Tension Bars. Tension bars shall be 3/4 inch x 1/4 inch hot -dip galvanized copper -bearing steel. ' 8. Gates. All gate frames shall be fabricated by the manufacturer of the fence In which they are installed, in widths as shown on the Plans. Gate frames shall be made of 2 inch tubing with necessary intermediate braces of 1-5/8 inch seamless steel pipe weighing 2.27 pounds per linear foot, with all pipe, fittings, stretcher bars, hook belts, 180 degree hinges, latches, truss rods and other accessories heavily galvanized• by the hot -dip process. "Hang" side of gate shall be 2 inch Schedule 40 pipe. Each gate shall be filled with fabric to match the line fence fabric, and shall be — provided with three strands of galvanized barbed wire above the top gate rail. Fabric shall be built into the gate frame by means of stretcher bars and adjustable bolt hoods. * . Hinges shall be of heavy malleable iron, hot -dip galvanized. Bottom hinges shall 1 be of the ball and socket type or "alligator hinge type." A hot -dip galvanized latch of the plunger type, arranged for padlock locking, shall be provided for each gate. 9. Concrete. All concrete shall be as specified elsewhere in these Specifications. C. EXECUTION Chain link fence shall be installed by the Contractor as shown on the Plans and as herein specified. Post Spacing and Setting. All posts shall be plumb, spaced in the line of fence not to exceed 10 foot centers. All posts shall be set 30 inches in concrete 02831-2 Section 02831 Chain Link Fence ' foundations. Concrete foundations shall be circular in horizontal section, not less than 10 inches in diameter .for line posts, and with a diameter not less than the outside diameter of the post plus 9 inches for each corner, gate and terminal posts. Post foundations shall extend above the natural ground surface and shall be crowned not less than 1 inch to provide adequate drainage away from the posts. ' 2. Extension Arms and Top Rails. All posts shall be equipped with extension arms for barbed wire. The top rail shall pass through bases of extension arms and form a continuous brace from end to end of each section of fence. Top rails shall be provided with expansion rail couplings and shall be securely fastened to gate and terminal posts by means of suitable hot -dip galvanized connection. 3. Bracing. All end, gate, corner and angle posts shall be suitably braced with sections of seamless steel tubing, as specified herein, set in a horizontal position, with adjustable truss braces between terminal and first line posts, complete with all fittings hot -dip galvanized. Swing gates shall be equipped with auxiliary side braces where necessary. ' 4. Fabric Attachment. Fabric shall be attached to, and supported by, terminal and gate posts by means of tension bars, as herein specified, secured to the posts by means of heavy galvanized fittings. Fence fabric shall be fastened to line. posts ' by means of aluminum bands or tie wires spaced approximately 14 inches apart, and to the top rail by means of aluminum tie wires spaced approximately 24 inches apart. ' 5. Barbed Wire. Three strands of barbed wire, as herein specified, shall be installed on the extension arms at the top of the fence. END OF SECTION I I I I fI 02831-3 Section 02835 Farm -Type Gate TECHNICAL SPECIFICATIONS ' CEDAR -CLAD FARM -TYPE GATE A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of farm -type gate as shown on the Plans. The work shall include every item of construction necessary for a complete and acceptable Installation as shown on the Plans and hereinafter specified. ' B. MATERIALS AND CONSTRUCTION ' 1. Gate. Gate shall be constructed to the height and width as shown on the Plans. Perimeter framework shall be 1-1/2 inches in diameter, Schedule 40 black pipe with all joints welded. Interior horizontal members shall be 3/4 inch diameter, Schedule 40 black pipe with vertical braces of 3/15 Inch x 2 inch steel straps welded to each member as shown on the Plans. Gate shall be primed with a rust- ' inhibiting primer and shall be painted as set out elsewhere in these Specifications. Color shall be as selected by the Owner or his representative. Gate shall be faced with 1 Inch x 4 inch Western cedar fencing material. All padlocks will be provided by the Owner. ' Gate shall be attached to a split -face block column on each side of the gate as shown on the details of the Plans. 2. Concrete. Where specified or shown on the Plans, all concrete shall conform to requirements as set out elsewhere in these Specifications. C. EXECUTION ' The farm -type gate shall be installed in the location shown on the Plans and in conformance to the details included in the Plans. Gate shall be set plumb and swing freely in a full 180° arc. I END OF SECTION 1 02835-1 Section 02920 Cleanup & Seeding TECHNICAL SPECIFICATIONS CLEANUP AND SEEDING A. GENERAL The work to be included in this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for completion of cleanup, seeding, and mulching of all the cleared, unpaved portions of the project construction site or any disturbed areas as hereinafter specified. i B. MATERIALS 1. Topsoil. Topsoil shall be stripped from the site and an adequate amount stored for reuse on the site for establishment or repair of vegetative cover. If adequate topsoil is not available on -site, topsoil shall be hauled in at no additional expense Ito the Owner. Topsoil shall be a loam or silty loam and shall be free of clay lumps, rocks, or excessive roots. The topsoil shall have an organic content of at least one percent. Topsoil shall have a minimum depth of 4 inches after placement. ' 2. Seed. Seed shall be labeled in accordance with current rules and regulations of the Arkansas State Plant Board and shall have a minimum of 98 percent pure seed and 85 percent germination by weight, and contain no noxious weed seeds. Seed shall be of the following rates and mixtures: a. Temporary Seeding. Temporary seeding for erosion control shall be at the ' rate of 0.25 pound per 100 square feet using annual rye grass. b. Permanent Seeding. Permanent seeding shall be composed of the varieties and amount by weight as shown below: lade Lbs/Acre Bermuda Grass (Common) unhulled 20 Bermuda Grass (Common) hulled 10 Annual Rye Grass 50 Seed shall be applied using a spreader and shall be uniformly applied. 3. Fertilizer. Fertilizer shall be a commercial grade, uniform in composition, free flowing and suitable for application with mechanical equipment, delivered to the site in labeled containers conforming to current Arkansas Fertilizer Laws and bearing the analyses of the available nutrients which shall be 10-20-10 (nitrogen -phosphorus -potash). Fertilizer shall be applied to areas seeded at a rate of 300 pounds per acre or 0.7 pound per 100 square feet. 4. Straw for Mulch. Straw for mulch shall consist of straw from threshed rice, oats, wheat, barley or rye, or from hay obtained from various legumes or grasses, such 02920-1 Section 02920 ' Cleanup & Seeding - 1 as lespedeza, clover, vetch, soybeans, Bermuda, carpet sedge, Bahia, fescue or other legumes or grasses,, or a combination thereof. Mulch shall be dry and reasonably free from Johnson grass or other noxious weeds, and shall not be excessively brittle or in an advanced state of decomposition. All material shall be approved by the Engineer prior to use. Straw for mulch shall be placed over -- seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. 5. Hydro -Seeder Applications. Application of seed and fertilizer by approved "Hydro -Seeder" will be acceptable. Application of mulch with approved power mulching equipment will be acceptable. Tackifiers shall be used to hold the mulch mat together and shall meet AHTD requirements for approved materials. C. EXECUTION Cleanup. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. . Where any pavement, trees, grass, shrubbery, fences, poles or other property and ' surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of • the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 2. Temporary Seeding. Areas denuded of vegetation by grading operations, stockpiles of topsoil, or other areas disturbed by the Contractor which are subject to erosion shall be seeded with annual rye grass and covered with mulch to prevent erosion. I Temporary seeding shall be watered as required to obtain a stand of temporary grass cover. . , No additional, payment will -be made to the Contractor for temporary seeding. 3. Permanent Seeding. All of the cleared, unpaved project construction site surface, ' whether or not disturbed, as well as any other areas disturbed by the Contractor, shall be tilled or disked to a depth of 2 inches, and raked free of any debris and/or gravel 1 inch or larger in diameter. Topsoil shall then be applied to a minimum depth of 4 inches. The topsoil shall be fine graded and then raked to.remove. any rocks larger than 1 inch. All tire tracks, ruts, or high or low spots shall be eliminated during the raking process. After the area to be seeded has been raked, and accepted for seeding by the Engineer, it shall be seeded, fertilized and mulched at rates 02920-2 ' Section 02920 Cleanup & Seeding specified elsewhere in these Specifications. ' Permanent seeding shall be watered as required to obtain a stand of permanent grass cover. The Contractor shall apply water in an amount such that. In conjunction with any rainfall, the seeded and mulched areas will receive a minimum of 1 inch of water each week. The Contractor shall maintain seeded areas by mowing, watering and application of fertilizers, if needed, until the project is accepted by the Owner. I END OF SECTION I I I I I I I r I I ' 02920-3 Section 03200 Reinforcing Steel TECHNICAL SPECIFICATIONS REINFORCING STEEL A. GENERAL The work to be included under this section includes providing all materials, labor, tools, equipment and incidentals necessary for furnishing and placing all reinforcing steel of the shape and dimension shown on the Plans and as specified. Miscellaneous metals are _ also specified in this section. B. MATERIALS 1. Bar Reinforcement. Bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: a. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement.' I b. ASTM A 617-82a, 'Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement.' All reinforcing bars shall be Grade 60 as defined in the above referenced standards, unless otherwise shown on the Plans. ' 2. Wire Bar Supports. Bar supports shall be wire bar supports conforming to the requirements for Class 1 (plastic protected bar supports) or Class 2 (stainless steel protected bar supports) contained in the "Manual of Standard Practice' of the Concrete Reinforcing Steel Institute. C. FABRICATION Bent bars shall be cold bent by the fabricator to the shapes shown on the Plans, and unless otherwise authorized by the Engineer, hooks and bends shall be made in accordance with ACI 318, latest revision, "Building Code Requirements for Reinforced Concrete.' Bar reinforcement shall be shipped in standard bundles, tagged and marked in accordance with the "Manual of Standard Practice' of the Concrete Reinforcing Steel Institute. D. ORDER LISTS i Before ordering material, all order lists and bending diagrams shall be furnished by the Contractor for review by the Engineer, and no materials shall be ordered until such lists and bending diagrams have been reviewed. The review of order lists and bending diagrams by the Engineer shall in no way relieve the Contractor of responsibility for the correctness of such lists and diagrams. Any expense incident to the revision of material 03200-1 Section 03200 Reinforcing Steel furnished in accordance with such lists and diagrams to make it comply with the design drawings shall be borne by the Contractor. Unless otherwise noted, all dimensions relating to reinforcing steel are to center of bars. E. PLACING AND FASTENING All steel reinforcement shall be accurately placed in the positions shown on the Plans and firmly held during theplacing and setting of concrete. When placed in the work, it shall be free from dirt, detrimental rust, loose scale, paint, oil or other foreign material which may destroy or reduce bond. Bars shall be tied at all intersections except where spacing is less than •1 foot in each direction when alternate intersections shall be tied. Distances from the forms shall be maintained by means of approved stays, concrete blocks, ties, hangers, or other approved supports, except that reinforcing in superstructure shall be supported by metal chairs and bar supports. Blocks for holding reinforcement from contact with the forms shall be precast mortar blocks or metal chairs as specified. Layers of bars shall be separated by metal bar supports or by other equally suitable devices. The use of pebbles, pieces of broken stone or brick, metal pipe and wooden blocks shall not be permitted. Reinforcement in any member shall be placed and then inspected by the Engineer before the placing of concrete begins. In no case 1 shall concrete be Dlaced without a Resident Project Representative Dresent. Concrete placed in violation of this provision may be rejected and removal required. If fabric reinforcement is shipped in rolls, it shall be straightened Into flat sheet before , placing. No bars partially embedded in concrete shall be field bent except when specifically , permitted by the Engineer. F. SPLICING All reinforcement shall be furnished in the full lengths indicated on the Plans. Splicing of bars, except where shown on the Plans, will not be permitted without the written approval of the Engineer. Splices shall be staggered as far as possible. Unless otherwise shown on the Plans, bars shall be lapped 40 diameters to make the splice. In lapped splices, the bars shall be placed in contact and wired together in such. a manner as to maintain the minimum distance to the surface of the concrete shown on the Plans. Welding of reinforcing steel shall be done only if detailed on the Plans or if I authorization is made by the Engineer in writing. Welding shall conform to the current specifications for Welded Highway and Railway Bridges of the American Welding Society. G. SUBSTITUTIONS , Substitutions of bars which differ in size from that shown on the Plans will be permitted only with specific authorization by the Engineer. If steel is substituted, it shall have an area equivalent to the design area or larger. 03200-2 Section 03200 Reinforcing Steel 1 H. TESTING The Contractor shall furnish to the Engineer, prior to delivery of materials, the manufacturer's affidavit stating that all materials conform to the requirements of these Specifications, and that all tests specified herein have been performed and that all test requirements have been met. I END OF SECTION I I I 1 I I I F I I I F 03200-3 I Section 03300 I I I I I I I I I I CAST -IN -PLACE A. GENERAL This item shall consist of providing all materials, and Incidentals necessary for the construction culverts and miscellaneous work, including the masonry and composite structures, prepared ar Specifications, and conforming to the lines, grai the Plans. All concrete shall be normal weight. Cast -in -Place Concrete rms, labor, equipment, tools, supplies concrete structures, tanks, bridges, irate portions of steel, timber, stone constructed in accordance with these dimensions, and designs shown on B. APPLICABLE STANDARDS AND CODES Materials and work shall conform to the requirements of standards, codes and recommended practices required in this section. In conflicts between industry standards, required standards and this Specification, or this Specification and the local building code, the more stringent requirement as interpreted by the Engineer shall govern. The referenced applicable standards and codes are: "Building Code Requirement for Reinforced Concrete,' ACI 318, latest revision; and "Standard Specification for Ready -Mixed Concrete' ASTM C 94-80. C. MATERIALS Concrete shall consist of an approved Portland! cement, a fine aggregate, a coarse aggregate, and water mixed in the proportions) specified. Air entrainment shall be accomplished by the addition of an air -entraining agent to the mixing water. The constituent materials which combine to make concrete shall be as specified herein. No materials shall be used containing foreign matter; frost, or lumps or crusts of hardened substances. I 1. Portland Cement. Portland cement shall conform to the requirements of ASTM C150-80, "Standard Specification for Portland Cement," Type I. Cement shall correspond to that upon which the selection of concrete proportions was based. Only one brand and manufacturer of cement shall be used on the contract except by written permission of the Engineer. The Contractor may use, subject to the approval of the Engineer, Type III Portland cement, a high early strength Portland cement. When a type of cement not specified is permitted by the Engineer, any additional cost shall be assumed by the Contractor. 03300-1 Section 03300 Cast -in -Place Concrete 2. Water. Water used in mixing or curing shall be clean and free from injurious amounts of oils, acids, alkalis, salts, organic materials, or other substances that may be deleterious to concrete or steel. 3. Aggregates. The gradation of the aggregate shall be determined by laboratory methods with sieves having square openings. a. Coarse Aggregate. Coarse aggregate shall consist of crushed stone or gravel. A coarse aggregate consisting of a combination of crushed stone and gravel shall be used only when specifically approved by the Engineer. Coarse aggregate shall be clean, tough, durable, and of uniform quality. The coarse aggregate shall have a percent of wear not exceeding 40 when tested in accordance with ASTM C131-76 "Resistance to Abrasion of Small Size Coarse Aggregate by Use of the Los Angeles Machine The aggregate shall have a loss not to exceed 12 percent when subjected to five cycles of the soundness test ASTM C88-76 "Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate" using sodium sulfate. When tested by laboratory methods, the amount of deleterious substances will not exceed the following limits: ASTM Maximum Permissible Description Designation Percentage by Weight Material Finer than a No. 200 Sieve C117-80 1% Coal and Lignite C1 23-69 0.25% Clay Lumps C142-78 0.25% Soft Fragments C851-76 5.0% However, the total deleterious substances may not exceed five percent by weight. Coarse aggregate size shall be reasonably well graded from coarse to fine and shall conform to the following grading requirements when tested in accordance with ASTM C136 "Standard Method for Sieve Analysis of Fine and Coarse Aggregate." Retained on 1-1/4" Sieve Retained on 3/4" Sieve Retained on 3/8" Sieve 'Retained on No. 4 Sieve 0% 20-65% 70-90% 95-100% 1 I II 03300-2 I Section 03300 u ii I I Material Finer than Ia No. 200 Sieve 0117-80 2% Coarse aggregate from any one sc and shall be uniform to a reasona entative sample and/or gradation fineness modulus varies by more selecting proportions for the conch suitable adjustments are made in i the difference in grading. Cast -in -Place Concrete ce shall not vary as to maximum size i degree in gradation with the repres ubmitted by the Contractor. If the an 0.20 from the value assumed in the aggregate will be rejected unless icrete proportions to compensate for b. Fine Aggregate. Fine aggregate shall consist of clean, hard, durable particles of natural sand or other approved inert material with similar characteristics. The amount of deleterious subsi when tested in accordance with Description ►s shall not exceed the following limits ASTM designation specified: Maximum Permissible Percentage by Weight I I I I Coal and Lignite Clay Lumps Soil and Flaky Particles The fine aggregate shall be fre impurities and shall pass the mi following: When the fine aggrega proportion of one part of cement to strength compared to standard Ot the same cement of the same prop than 100 percent at seven and 28 Fine aggregate shall be reas, shall conform to the following Total Total Total Total Total Total Total retained retained retained retained retained retained retained on on on on on on on 0.50% �142-78 0.25% C851-76 2% from injurious amounts of organic ar strength test as specified in the is mixed with Portland cement in the Pee parts of fine aggregate, the tensile is sand mortar specimens made with ions and consistency shall not be less well graded from coarse to fine, and g requirements: 3/8" Sieve 0% No. 4 Sieve 0-5% No. 8 Sieve 5-30% No. 16 Sieve 20-55% No. 30 SieVe 40-80% No. 50 Sieve 70-95% No. 100 Sieve 95-100% Fine aggregate from any one degree in gradation with the shall be uniform to a reasonable ntative sample submitted by the 03300-3 Section 03300 Cast -in -Place Concrete Contractor. The fineness modulus of the fine aggregate shall not be less than 2.3 nor ■ more than 3.1 and shall not vary more than 0.20 from the value assumed in selecting proportions for the concrete. If this value is exceeded, the fine aggregate shall be rejected unless suitable adjustments are made In the • proportions of fine and coarse aggregates. 4. Air -Entraining Agent. The air -entraining agent shall comply with the requirements of ASTM C260 "Standard Specification for Air -Entraining Admixtures for Concrete,and shall be added to the mixing water in solution. The Contractor shall submit evidence based on tests made in a recognized laboratory to show that the air -entraining admixture conforms to the requirements of the latest revision (ASTM C260) for seven and 28 day compressive and flexural strengths and resistance to freezing and thawings, except as provided in the following paragraph. Tests for bleeding, bond strength and volume change will not be required. Tests may be made upon samples taken from a quantity submitted by the Contractor for use on the project or upon samples submitted and certified by the manufacturer as representative of the admixture to be supplied. An exception to the requirements in the preceding paragraph is the case of 1 admixtures which are manufactured by neutralizing Vinsol resin with caustic soda (sodium hydroxide). When the Contractor proposes to use such an admixture he shall submit a certification concerning the admixture in the following form: "This is to certify that the product (trade name) as manufactured and sold by the (company) is an aqueous solution of Vinsol resin that has been neutralized with sodium hydroxide. The ratio of sodium hydroxide to Vinsol resin is one part of sodium hydroxide to (number) parts of Vinsol resin. The percentage of solids based on the residue dried at 105° C. is (number). No other additive or chemical agent is present in this solution. When the Contractor proposes to use an air -entraining admixture which has been previously approved; he shall submit a certification stating that the admixture is the same as that previously approved. If an admixture offered for use is essentially the same (with only minor difference in concentration) as another previously approved material, a certification will be required stating that the produce is essentially the same as the approved admixture and that no other admixture or chemical agent is present. Either prior to or at any time during construction, the Engineer may require that the admixture selected by the Contractor, be further tested to determine its effect upon the strength of the concrete. When so tested, seven day compressive strength of concrete made with the cement and aggregates in the proportions to be used in the work shalt be not less than 90 percent of the strength of concrete made with the same materials and with the same cement content and consistency 03300-4 L Section 03300 I Ii I I I I �Y I I Cast -in -Place Concrete but without the admixture. The percentage reduction in strength shall be calculated from the average strength of at least five standard 6 inch by 12 inch cylinders of each type of concrete. Specimens shall be made and cured in the laboratory in accordance with the requirements of the latest revision lof ASTM C192 and shall be tested in accordance with the requirements of the latest revision of ASTM C39. 5. Admixtures. All materials other than specified air -entraining agent that are permission of the Engineer. d cement, water, aggregates and the to the concrete shall be subject to the When permission is granted for use of an admixture, no additional compensation will be made for furnishing, placing, finishing, or curing the concrete containing the admixture. I In general, the use of calcium chloride as an accelerating admixture in steel reinforced concrete sections will not be approved. However, certain conditions may warrant the use of calcium chloride, in which case permission of the Engineer must be obtained by the Contractor. D. CONCRETE QUALITY Concrete shall be composed of a minimum of 6 standard 94 -pound sacks of Portland cement, fine aggregate, coarse aggregate, water, and an air -entraining agent proportioned in accordance with ACI 318-84 and these Specifications to meet the following criteria. I 1. Specified Compressive Strength. The specified compressive strength (f'a shall be 3,500 pounds•per square inch at 28 days. 2. Air Entrainment. The total air content (entrained and entrapped air) shall be 6 percent ±1 percent. Maximum total air content on troweled flatwork protected from the elements and receiving a surface hardener shall be 3 percent. t3. Slump. Slump shall be not less than 2 inc les nor more than 4 inches. E. PROPORTIONING Proportions of ingredients for concrete shall durability, workability, and proper consistency to I into the forms and around reinforcement and employed, without excessive segregation or b resistant to freezing and thawing and shall requirements set out. The criteria hereinafter establishing required mixture proportions and do adequacy of concrete strength. i established to provide adequate mit the concrete to be worked readily the conditions of placement to be iding. The concrete shall also be in conformance with the strength it out are solely for the purpose of t constitute a basis for confirming the 03300-5 Section 03300 , Cast -in -Place Concrete I 1. Required Average Strength Above Specified Compressive Strength. Proportions, including water -cement ratio, shall be established on the basis either of laboratory trial batches or of field experience with the materials to be employed. The proportions shall be selected to produce an average strength at 28 days exceeding the specified compressive strength by the amount indicated below, when both air content and slump are the maximums permitted by the Specifications. If watertight concrete is required, the water -cement ratio shall not exceed 0.48. Determination of the required average strength shall be in accordance with ACI 318 1 "Building Code Requirements for Reinforced Concrete," except that if suitable data from trial batches or field experience cannot be obtained, permission will not be granted to base concrete proportions on the water -cement ratio limits set out in the above referenced code. a. Past Plant Performance. Proportions may be established on the actual field U performance of the ready -mix producer. Where the concrete production facility has a record, based on at least 30 consecutive strength tests representing similar materials and conditions to those expected, the strength used as,the basis for selecting proportions shall exceed the required f'c by at least: 400 psi if the standard deviation is less than 300 psi; 550 psi if the standard deviation is 300 to 400 psi; 700 psi if the standard deviation is 400 to 500 psi; 900 psi if the standard deviation is 500 to 600 psi; 1,200 psi if the standard deviation is above 600 psi or unknown. Strength data for determining standard deviation shall be considered to comply with the foregoing stipulations if they represent either a group of at least 30 consecutive tests or the statistical average for two groups totaling 30 or more tests. The tests used to establish standard deviation shall represent concrete produced to meet a specified strength or strengths within 1,000 psi of that specified for the proposed work. Changes in materials and proportions within the population of background tests shall not have been more closely restricted than they willbe for the proposed work. b. Laboratory Trial Batches. When the ready -mix producer does not have a record of past performance, the combination of materials and the proportions selected shall be determined from trial mixes having proportions and consistencies suitable for the work based on ACI 211.1-77. When laboratory trial batches are used as the basis forselectingconcrete proportions, strength tests shall be made in accordance with "Method of Test for Compressive Strength of Molded Concrete Cylinders" (ASTM C39) on specimens prepared in accordance with "Method of Making and Curing .Test Specimens in the Laboratory" (ASTM C192). A curve shall be established ' showing the relationship between water -cement ratio (or cement content) and 03300-6 I Section 03300 Cast -in -Place Concrete 1 I I I C compressive strength. The curve shall be based on at least three points representing batches which produce strengths above and below that required. Each point shall represent the average of at least three specimens tested at 28 days or the earlier age designation. The average strength required shall exceed the specified compressive strength by 1,200 psi. The maximum permissible water -cement ratio (or minimum cement content) for the concrete to be used in the structure shall be that shown by the curve to produce the average strength indicated, but in no case shall the water -cement ratio exceed 0.53 by weight, or in the case watertight concrete is specified or shown on the Plans, it shall in no case exceed 0.48 by weight. IF. SUBMITTALS I L I I I I I I The Contractor or ready -mix concrete producer shall submit either: 1. one copy of each of 30 consecutive strength test results and mix design used from a record of past performance; or 2. one copy of the laboratory trial mix designs and results, and one copy of the mix design proposed for use under this contract. The Contractor shall provide and pay all costs associated with testing services for the following: 1. any testing service required by the Contractor; and 2. qualification of the proposed materials and the establishment of mix designs in accordance with ACI 318, latest revision, and these Specifications. Additionally, when requested by the Engineer, the Contractor shall, at his own expense, submit samples of materials proposed for use in the concrete mix, including names, sources, and descriptions. G. TESTING Materials and operations shall be tested as the work progresses. The cost of all field testing of materials and work shall be borne by the Contractor. The testing laboratory shall be one recommended by the Contractor and approved by the Engineer. Testing will be performed generally as set out below. For each 50 cubic yards of concrete placed or for each run representing a unit or portion of a finished structure, whichever is less (i.e, footing, wall, floor slab, columns, roof slab, etc.), the following tests shall be performed: 03300-7 . Section 03300 1 Cast -in -Place Concrete i a. Composite samples shall be served in accordance with ASTM C172-71 (Reapproved 1977) "Standard Method of Sampling Fresh Concrete." ■ b. Mold and laboratory cure three specimens from each test required in accordance with ANSI/ASTM C31-69 (Reapproved 1975) "Standard Method of Making and Curing Concrete Test Specimens in the Field." c. Test the specimens in accordance with ANSI/ASTM C39-72 (Reapproved 1979) "Standard Test Method for Compressive Strength of Concrete Specimens." Two specimens shall be tested at 28 days for acceptance and one specimen shall be tested at seven days for information. d. The slump of the normal -weight concrete sample for each strength test shall be determined in accordance with ANSI/ASTM C143-78 "Standard .,Test Method for Slump of Portland Cement Concrete." e. Determine the total air content of a normal -weight concrete sample for each strength test in accordance with ANSI/ASTM C238-83 "Standard Test Method for Air Content of Freshly Mixed Concrete by the Pressure Method," or in accordance with ANSI/ASTM C1 38-77 "Standard Test Method for Unit Weight, Yield, and Air Content (Gravimetric) of Concrete." 2. The Contractor, at his option, and under the direction of the Engineer, may secure and mold samples and perform the tests specified in ASTM C238-83, provided he has the necessary equipment for securing, molding and testing as set out in the referenced standards, and performs these tasks in strict accordance with the referenced standards. Any questions arising as to whether the tests are being performed in accordance with these standards, or whether an approved laboratory should be used, will be decided by the Engineer. I H. EVALUATION AND ACCEPTANCE OF CONCRETE 1. Strength Level. The strength level of the concrete shall be considered satisfactory I if both of the following requirements are met: a. The average of all sets of three consecutive strength tests equal or exceed the specified f'C. b. No Individual strength test (average of two cylinders) falls below required f'c 1 by more than 500 psi. If either of the above requirements are not met, steps shall be taken immediately to increase the average of subsequent strength test results. If any strength test of laboratory -cured cylinders falls below required f', by more 1 than 500 psi, steps shall be taken to assure that load -carrying capacity of the structure is not jeopardized. - 03300-8 1 Section 03300 Cast -in -Place Concrete If the likelihood of low -strength concrete is confirmed and computations indicate that load -carrying capacity may have been significantly reduced, tests of cores drilled from the area in question may be required in accordance with "Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete' (ASTM C42). In such case, three cores shall be taken for each strength test more than 500 psi below required f'c. If concrete in the structure will be dry under service conditions, cores shall be air dried (temperature 60° to 80° F., relative humidity less than 60 percent) for seven days before test and shall be tested dry. If concrete in the structure will be more than superficially wet under service conditions, cores shall be immersed in water for at least 48 hours and be tested wet. ' Concrete in an area represented by core tests shall be considered structurally adequate if the average of three cores is equal to at least 85 percent of f'c and in no single core is less than 75 percent of f c. To check testing accuracy, locations represented by erratic core strengths may be retested. If these criteria are not met, and it structural adequacy remains in doubt, the Engineer may order load tests for the questionable portion of the structure, or take other action as he deems necessary, including non -acceptance of the structure. The cost of any additional testing to determine structural adequacy shall be borne by the Contractor. 2. Field -Cured Specimens. The Engineer may require supplementary strength tests of cylinders cured under field conditions when the adequacy of curing and protection of concrete in the structure is in question. Field -cured cylinders shall be cured under field conditions in accordance with Section 7.4 of "Method of Making and Curing Concrete Test Specimens in the Field" (ASTM C31). Field -cured test cylinders shall be molded at the same time and from the same I. samples as laboratory -cured test cylinders. Procedures for protecting and curing concrete shall be improved when strength of field -cured cylinders at the test age designated for measuring f'c is less than 85 percent of that of companion laboratory- cured cylinders. When laboratory -cured cylinder strengths are appreciably higher than f'c, field -cured cylinder strengths need not exceed f'c by more than 500 psi even though the 85 percent criterion is not met. The cost of obtaining samples, transportation and testing shall be borne by the Contractor. I. MIXING. PLACING AND CURING CONCRETE IAll concrete shall be produced, mixed and delivered to the job site by a ready -mix concrete manufacturer. The Engineer will consider site mixing of concrete at the request of the Contractor. Concrete shall be mixed and placed as set out below. 03300-9 Section 03300 Cast -in -Place Concrete Before concrete is placed, all• equipment for mixing and transporting the concrete shall be clean, all debris and ice shall be removed from the spaces to be occupied by the concrete, forms shall be properly coated, masonry filler units that will be in contact with concrete shall be well drenched, and the reinforcement shall be thoroughly clean of Ice or other deleterious coatings. Water shall be removed from the place of deposit before concrete is placed unless a tremie is to be used or unless otherwise permitted by the Engineer. All laitance and other unsound material shall be removed from hardened concrete before additional concrete is placed. . Mixing of Concrete. All concrete shall be mixed until there is a uniform distribution of the materials and shall be discharged completely before the mixer is recharged. Ready -mixed concrete shall be mixed and delivered in accordance with the requirements set forth in "Specification for Ready -Mixed Concrete" (ASTM C94). 2. Conveying. Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent segregation or loss of materials. , Conveying equipment shall be capable of providing a supply of concrete at the site of placement without separation of ingredients and without interruptions sufficient to permit loss of plasticity between successive increments. 3. Depositing. Concrete shall be deposited as nearly as practicable in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried on at such a rate that the concrete is at all times plastic and will readily fill the spaces between the bars when vibrated as herein specified. No concrete that has partially hardened or been contaminated by foreign materials shall be deposited in the structure, nor shall retempered concrete or concrete which has been remixed after initial set be used. In placing, concrete shall not be allowed to:drop a distance of more than six (6) feet through free space. Tremies shall be used where the drop exceeds six feet. After concreting is started, it shall be carried on as a continuous operation until the placing of the panel or section is completed. The top surfaces of vertically formed lifts shall be generally level. present. Concrete placed in violation of this required. All concrete shall be thoroughly consolidated by placement, and shall be thoroughly worked aro embedded fixtures and into the corners of the forms. may be rejected and removal mechanical vibration during and the reinforcement 'and I ,1 Ii 1 I 03300-10 1 ISection 03300 Cast -in -Place Concrete All vibration shall be internal and vibrating equipment shall be suitable to the Engineer. The Contractor shall provide a sufficient number of vibrators to properly compact each batch immediately after it is placed in the forms, and shall have in reserve at all times sufficient vibratory equipment to guard against shutdown of the work because of the failure of equipment in operation. 4. curie. Concrete shall be maintained above 50° F. and in a moist condition for at least the first seven days after placing, except that high -early -strength concrete shall be so maintained for at least the first three days. Supplementary strength tests in accordance with Section 03300-H.2 may be required to assure that curing is satisfactory. Curing by high pressure steam, steam at atmospheric pressure, heat and moisture, 1 or other processes acceptable to the Engineer may be employed. Curing compounds, Visqueen, or burlene may be used if approved by the Engineer. Accelerated curing shall provide the compressive strength of the concrete at the load stage considered at least equal to the design strength required at that load stage. The curing process shall produce concrete with a durability at least equivalent to the curing method if steam or other acceptable methods are not ti utilized. a. Cold -Weather Requirements. Adequate equipment shall be provided for heating concrete materials and protecting concrete during freezing or near -freezing weather. No frozen materials or materials containing snow or ice shall be used. All reinforcement, forms, fillers, and ground with which the concrete is to come in contact shall be free from snow and ice. All concrete placed in forms shall have a temperature of 50° F. or higher after placement. Adequate means shall be provided for maintaining this temperature for three days. When high -early -strength concrete is used, a temperature of at least 50° F. shall be maintained for two days. In either case, additional time necessary to ensure proper curing of the concrete shall be provided as directed by the Engineer. The housing, covering, or other protection used in curing shall remain intact at least 24 hours after artificial heating is discontinued. No dependence shall be placed on salt or other chemicals for the prevention of freezing. II b. Hot -Weather Requirements. In hot weather, suitable precautions shall be taken to avoid drying of the concrete prior to finishing operations. Use of windbreaks, sunshades, fog sprays, or other devices as directed by the Engineer shall be provided. Concrete deposited in hot weather shall not have a placing temperature that will cause difficulty from loss of slump, flash set, or cold joints. Concrete temperature shall be less than 90° F. unless higher temperatures are permitted by the Engineer. 03300-11 Section 03300 1 Cast -in -Place Concrete HI J. FORMS Forms shall conform to shapes, lines and dimensions of the members as called for on • the Plans, and shall be sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together so as to maintain position and shape. Unless otherwise specified, suitable moulding or bevel strips shall be placed in the angles of forms to round or bevel the edges of the concrete, as shown on the Plans or otherwise directed by the Engineer. Forms shall be removed in such a manner as to ensure the complete safety of the structure. In no case shall supporting forms or shoring be removed until members have acquired sufficient strength to support their weight and imposed loads safety. K. DEPOSITING CONCRETE UNDER WATER ■ Concrete shall not be deposited in water except with the approval of the Engineer, and under his immediate supervision; and in this case, the method of placing shall be as hereinafter designated. Concrete deposited in water shall be a seal or watertight concrete. To prevent segregation, it shall be carefully placed in a compact mass, in its final position, by means of a tremie, a bottom dump bucket or other approved method, and shall not be disturbed after being deposited. Still water shall be maintained at the point of deposit and the forms under water shall be watertight. For parts of structures under water, when possible, concrete seals shall be placed continuously from start to finish. The surface of the concrete shall be kept as nearly horizontal as practicable at all times. To ensure thorough bonding, each succeeding layer of seal shall be placed before the preceding layer has taken initial set. A tremie shall consist of a tube having a diameter of not less than 10 inches, constructed in sections having flanged couplings fitted with gaskets. The tremies shall be supported ■ so as to permit free movement of the discharge end over the entire top surface of the �I work and so as to permit rapid• lowering when necessary to retard or stop the flow of concrete. The discharge end shall be closed at the start of work so as to prevent water entering the tube and shall be entirely sealed at all times. The tremie tube shall be kept full to the bottom of the hopper. When a batch is dumped into the hopper, the flow of concrete shall be induced by slightly raising the discharge end, always keeping it in the deposited concrete. The flow shall be continuous until the work is completed. Depositing of concrete by the drop bottom bucket method shall conform to the following specification. The top of the bucket shall be open. the bottom door shall open freely and outward when tripping. The bucket shall be completely filled and slowly lowered to avoid • backwash. It shall not be dumped until it rests on the surface upon which the concrete is to be deposited and when discharged, shall be withdrawn slowly until well above the concrete. The slump of concrete shall be maintained between 4 and 8 inches. 03300-12 Section 03300 Cast -in -Place Concrete Dewatering may proceed when the concrete seal is sufficiently hard and strong. All ' laitance or other unsatisfactory materials shall be removed from the exposed surface by scraping, chipping or other means which will not injure the surface of the concrete. L. FALSEWORK AND CENTERING Unless otherwise provided, detailed Plans for falsework or centering shall be supplied to the Engineer on request; but, in no case shall the Contractor be relieved of responsibility for results obtained by the use of these Plans. For designing falsework and centering, a weight of 150 pounds per cubic foot shall be assumed for green concrete. All falsework shall be designed and constructed to provide the necessary rigidity and to support the loads without appreciable settlement or 1 deformation. The Engineer may require the Contractor to employ screw jacks or hardwood wedges to take up any settlement in the formwork either before or during the placing of concrete. Falsework which cannot be founded on a satisfactory footing shall be supported on piling which shall be spaced, driven and removed in a manner approved by the Engineer. Falsework shall be set to give the finished structure the camber specified or indicated on the Plans. Arch centering shall be constructed according to centering plans approved by the Engineer. Provision shall be made by means of suitable wedges, sand boxes or other devices for the gradual lowering of centers, and rendering the arch self-supporting. When directed, centering shall be placed upon approved jacks in order to take up and correct any slight settlement which may occur after the placing has begun. IM. FOUNDATION PITS AND FORMS i. All foundation pits and forms shall be inspected and approved by the Engineer prior to placing any part of the structure and the methods employed in performing the work and all equipment, tools and machinery used for handling materials and executing any part of the work shall be subject to the approval of the Engineer. All equipment, tools and machinery used must be maintained in a satisfactory working condition. Forms shall conform to the shape, lines and dimensions of the concrete as called for on the Plans. All plane form surfaces shall be constructed so that the finished concrete surfaces will be true planes, free from waves and irregularities. Lumber used in forms for exposed surfaces shall be straight, dressed to uniform width and thickness and shall be free from loose knots or other defects. Joints in forms shall be horizontal or vertical. For unexposed surfaces, undressed lumber may be used. Lumber once used in forms shall have nails withdrawn and surfaces to be in contact with the concrete thoroughly cleaned before being used again. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. They shall be properly braced or tied together in such a manner that they will maintain their original 1 03300-13 Section 03300 Cast -in -Place Concrete position and shape under the superimposed loads and the fluid pressure of the concrete. If adequate foundations for shores cannot be secured, trussed supports shall be provided. Where required by the Technical Specifications, concrete shall be poured against waterproofed Douglas fir plywood, or waterproofed tempered hardpressed fiberboard, of a make and quality approved by the Engineer, and installed in strict conformity to the manufacturer's specifications. Forms used for backing up and otherwise supporting form lining shall have a flat surface but need not be tight. At the top of all walls or other surfaces which are to be finished to a true line, the top of the form shall be brought to a true line and grade so that the surface may be finished by means of a float or template resting on the top edge of the form. Forms, on one side of the wall at least, shall not extend over horizontal construction joints. Flat steel bars or rods, unless otherwise authorized, shall be usedfor internal form ties. They shall be provided with Iugs,nuts, cones or other approved devices, which will serve as spreaders or form spacers, andthe ties shall have sufficient mechanical strength, stiffness and rigidity to hold the forms in proper position, spacing and alignment. The ties shall be of such design that the body of the tie will remain embedded in the concrete, with the ends of the ties not closer than 1/2 inch`from the outer concrete surfaces. The ends of the embedded portion of the tie shall be provided with holes, corrugations, hooks, or other approved type of mortar clinch, and these ends shall be protected from the concrete by means of cone shaped shields of sufficient depth to provide adequate anchorage for the cement mortar plugs which shall be placed in the holes left by these shields.' Wire form ties will be permitted only on light and unimportant work and with the approval of the Engineer. They shall not be used through surfaces where discoloration would be objectionable, wire ties, where used, must not be tightened by twisting, but shall be tightened by means of wedges placed outside the forms. No more initial stress is to be placed in the wire tie than is necessary, to remove all slack. Shores supporting successive stories shall be placed directly over those below or so designated that the load will be transmitted directly to them. Forms shall be set to line and grade and so constructed and fastened as to provide and maintain true lines. Special. care shall be used to prevent bulging. The forms for all walls should be such as to allow continuous pouring from the bottom to the top of the wall. Unless otherwise specified, suitable moulding or bevel strips shall be placed in the angles of forms to round or bevel the edges of the concrete. Bevel strips on the exposed corners of beams and girders shall be carried to the face of the beam support. Bevel strips on the exposed corners of columns shall be carried to their intersection with the edge of a beam or girder of the column. The ends of all triangle bevel strips which do not extend the full length of the corners they occupy shall be cut off on an angle of 45°. J P I 1 II Unless otherwise authorized by the Engineer, the inside of forms shall be coated with non -staining paraffin oil, or other approved material, applied before the reinforcement is 03300-14 Section 03300 Cast-in-Place Concrete f placed, and all surplus oil removed from the surface of the forms by thorough wiping with J soft absorbent cloths. Temporary openings shall be placed at the bottom of the column and wall forms, and at other points where necessary to facilitate cleaning and inspection immediately before • depositing concrete. 4 f Forms shall not be disturbed until the concrete has adequately hardened. Shoring shall S not be removed until the member has acquired sufficient strength to support its weight and the load upon it. Members subject to additional loads during construction shall be ' adequately shored to support both the member and construction loads in such a manner as will protect the member from damage by the loads; this shoring shall not be removed until the member has acquired sufficient strength to support safely its weight and the load upon it. The following table gives the minimum time which shall elapse between the time of placing the concrete and the removal of forms at various average temperatures. Class of Work Above 60° 50° to 60° 40° to 50° Below 40° Walls in Mass Work 1 day 2 days 5 days Not until tests have fl been made indicating concrete is set. Thin Walls - 12 inches 2 days 4 days 7 days or less in thickness Columns - if girders 3 days 5 days 10 days are shored Bottom forms of slabs 4 days 8 days 14 days (5 foot or less span) Bottom forms of beams 14 days 20 days 28 days and girders (less than 14 foot span) Ct If high early strength cement is used, these periods may be reduced as directed by the Engineer. When field operations are controlled by beam or cylinder tests, the removal of forms, supports and housing, and the discontinuance of heating and curing may be begun when the concrete is found to have a modulus of rupture of not less than 600 pounds per square inch or a compressive strength of 3,000 pounds per square inch, provided further that in no case shall supports be removed in less than seven days after pouring the concrete. The beams of cylinders shall be cured under conditions which are not more favorable than the most unfavorable conditions for the portions of the concrete which C 03300-15 I Section 03310 Concrete Materials L TECHNICAL SPECIFICATIONS )! APPURTENANT CONCRETE MATERIALS, JOINT FILLERS, WATERSTOPS, AND MISCELLANEOUS METALS iA. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies and incidentals necessary for providing and installing all joint fillers, waterstops and miscellaneous metals specified. The work shall include every item of construction necessary for a complete and acceptable installation as shown I, on the Plans and hereinafter specified. IB. MATERIALS 1. Mortar Sand. Mortar sand when specified shall conform to the quality requirements for fine aggregate for concrete as specified herein except that the gradation shall be as follows: Percentage by Weight Passing No. 8 Sieve 100% Passing No. 50 Sieve 15-40% Passing No. 100 Sieve 0-10% 2. Joint Fillers. The materials for filling and sealing joints in concrete construction shall be as shown on the Plans and as herein specified. a. Expansion Joint Filler 1) Liquid Containment Joints. All expansion joint filler in areas which will be submerged in water shall be 'Sealtight" sponge rubber expansion joint filler as manufactured by W. R. Meadows Company, or equal. 2) Non -Submerged Areas. Materials for expansion joints in areas not submerged shall be performed to the required cross sectional area and be either bituminous plank type meeting the requirements of AASHTO M-33 or of AASHTO M-213. The top of asphalt I. impregnated fiber resilient type shall be sealed with 1/2 inch of poured joint sealant compatible for use with asphalt impregnated bituminous plank. • b. Joint Sealant 1) Liquid Containment Joints. Joint sealants in areas which will be • submerged in water shall be Sonneborn Sonolastic two-part elastomeric gun grade polysulfide sealant, or equal. 1 03310-1 Section 03310 Concrete Materials 2) General Building Sealants. Sonneborn NP -1, or equal. c. Roofing Felt. Roofing felt when shown on the Plans to be used for joint material and bearing pads shall consist of a roofing felt saturated and coated on both sides with asphalt, and coated on one side with powdered mineral matter such as talc or mica, and shall conform to the current specifications for Asphalt Roll Roofing of the ASTM, Designation 0224. d. Roofing Asphalt. Where required on the Plans as a bond breaker, roofing . asphalt shall be pourable or knife grade material. e. Non -Shrink Grout. Non -shrink grout for column or machinery bases shall be "Masterflow 713" as manufactured by Master Builders, or equal. 3. Miscellaneous Metals. Where referenced or shown on the Plans, miscellaneous . metals conforming to the following will be provided: a. Wrought Iron. (Plates, shapes and bars.) Wrought iron shall conform to the requirements of the ASTM Standards A 42 for Wrought Iron Plates, A 207 for Rolled Wrought Iron Shapes and Bars, or A 72 for Welded Wrought Iron Pipe. b. Carbon Steel Castings. Carbon - steel castings shall conform to the specifications for Mild to Medium Strength Carbon Steel Castings for General Application of the ASTM Designation A 27. Grade 65-30 shall be furnished unless otherwise specified. c. Gray Iron Castings.. Iron castings shall conform to the requirements of the ASTM Standards A 48 for Class A Gray Iron Castings. Class No. 30 shall be furnished unless otherwise specified. The castings shall be boldly billeted at angles and the arises shall be sharp and perfect. Iron castings shall be true to pattern to form and dimensions, free from pouring faults, cracks, sponginess, blow holes and other defects in positions affecting their strength and value for the service intended. All castings shall be sandblasted or otherwise effectively cleaned of scale and sand so as to present a smooth, clean and uniform surface. C. EXECUTION Grouting and Hand Stoning. Any grouting (except columns and machinery bases) or hand stoning shall. be Portland cement grout using the specified mortar sand. 2. Joint Fillers and Sealants. All joint fillers shall be installed 1/2 inch below finish grade and the top 1/2 inch shall be filled with the specified sealant, all in E a 1 I •1 03310-2 Section 03310 Concrete Materials accordance with the manufacturer's recommendations and instructions. 3. Roofing Felt and Roofing Asphalt. Where roofing felt or roofing asphalt are specified on the Plans as a bond breaker, two layers of felt shall be installed with joints lapped a minimum of 4 inches or a layer of asphalt of 1/8 inch minimum thickness shall be applied to the required area. END OF SECTION 03310-3 Section 09800 Painting/Equipment, Piping, Valves, Fittings TECHNICAL SPECIFICATIONS PAINTING/EQUIPMENT, PIPING, VALVES AND FITTINGS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for painting all equipment, piping, valves and fittings as specified or shown on the Plans. The object of these Specifications is to provide the material and workmanship necessary to produce a first-class job. Painting shall be done at such times as the Contractor and I. Engineer may agree upon in order that dust -free and neat work be obtained. All painting shall be done strictly in accordance with the manufacturer's instructions and shall be performed in a manner satisfactory to the Engineer. t1. Items to be Painted • New exposed ferrous metal piping, valves, and fittings not underground. ' • New exposed PVC piping, valves, and fittings, not submerged or underground. • New equipment, valves, etc. 2. Items Not to be Painted • Exposed surface of aluminum, stainless steel, nickel, chromium, copper, or � - fiberglass. • Concealed ducts, pipes and conduit. • PVC piping for immersion service in water or wastewater. 3. Existing Items to be Painted. Not applicable. 1 B. SUBMITTALS 1. Product Data. Manufacturer's descriptive data fully describing each product to include solids by volume. Include manufacturer's recommendations for mixing, thinning and curing. •' 2. Certificates. Manufacturer's certified test reports confirming compliance with specified performance requirements. ' 3. Colors. Two 5 inch x 7 inch samples of each selected color. C. SURFACE PREPARATION t1. General. The following Steel Structures Painting Council Specifications are hereby incorporated: I 09800-1 Section 09800 Painting/Equipment, Piping, Valves, Fittings SSPC-SP1 Solvent Cleaning -. Removal of oil, grease, soils, salts, and contaminants by cleaning with solvents, vapor, alkali, emulsion or steam. SSPC-SP2 Hand -Tool Cleaning - Removal of loose rust, loose mill scale, and loose paint by hand -chipping, scraping, sanding, and wire.brushing. SSPC-SP3 Power -Tool Cleaning - Removal of loose rust, loose mill scale, and loose paint by power -tool chipping, de -sealing, sanding, wire -brushing and grinding. SSPC-SP6 Commercial Blast Cleaning - Blast cleaning until at least two-thirds I of each element of surface area is free from all visible residues. SSPC-SP7 Brush -Off Blast Cleaning - Blast cleaning of all except tightly - adhering residues of mill scale, rust and coatings, exposing numerous evenly - distributed flecks of underlying metal. SSPC-SP10 Near -White Blast Cleaning - Blast cleaning nearly to white metal cleanliness, until at least 95 percent of each element of surface area is free of all visible residues. 2. Piping and Fittings a. Factory -Primed Piping and Fittings. All new ferrous metal piping and fittings not underground shall be factory -primed. Prior to application of the shop primer, the pipe and fittings shall be sandblasted as set out below: Non -Immersion Service: SSPC-SP6 Commercial Blast Cleaning. Immersion Service: SSPC-SP10 Near -White Blast Cleaning. I b. Field -Primed Piping and Fittings. All new ferrous metal piping and fittings not underground which do not have factory -applied primers shall be sandblasted in the field prior to coating as set out below: Non -Immersion Service: SSPC-SP6 Commercial Blast Cleaning. Immersion Service: SSPC-SP10 Near -White Blast Cleaning. 3. Factory -Primed Structural Steel Equipment. All new structural steel equipment shall be blasted and primed by the fabricator. Prior to application of the shop primer, the equipment shall be sandblasted as set out below: • Non -Immersion Service: SSPC-SP6 Commercial Blast Cleaning. , Immersion Service: SSPC-SP10 Near -White Blast Cleaning. 4. Factory -Primed Machinery. Motors. and Valves. Etc. All new machinery, motors, • and valves shall come from the factory blasted, primed, and painted with: a. • an epoxy topcoat (for inside service or immersion service in wastewater); 09800-2 Section 09800 Painting/Equipment, Piping, IValves, Fittings b. a polyurethane topcoat (for exterior service); or c. a primer and topcoats certified by NSF International in accordance with ANSI/NSF Standard 61 for Immersion Service in Potable Water. The coating systems in Items a and b above must be compatible for field painting utilizing the system set out in Schedule 12 below. Items coated for Immersion Service in Potable Water as set out in C above shall not be field topcoated. NOTE: Blowers and compressors shall not be field topcoated and shall be factory ' topcoated with colors selected by the Owner. 5. Protection of Equipment. When using blasting grit around machinery, the work ' must be performed with great caution to prevent grit from blowing or drifting into motor windings, bearings, and operating machinery, which can cause great damage. Should blasting grit enter any machinery, the Contractor shall have the machinery disassembled by a qualified manufacturer's representative, cleaned, reassembled, and re -lubricated as required. Any machinery damaged as a result of blasting operations shall be repaired or replaced at the Contractor's expense. D. MATERIALS The paints and the paint products of Tnemec Company, Inc. of Kansas City, MO, mentioned in the following Specifications are set up as standards of quality. The usual "or equalclause shall apply. Request for substitution shall contain the full name of each product, descriptive literature, directions for use, its generic type, volume of solids, and recommended dry film thickness. Submittals to the Engineer of satisfactory data cataloging past performance of the alternate paint for similar installations shall be made by the Contractor. Series and Color: Tnemec 140-1211 Pota-Pox Plus (Red Oxide) Generic Description: Polyamidoamine Epoxy ' Volume of Solids: 69% ± 2%, depending upon color Certifications Required: Certified by NSF International in accordance with ANSI/NSF Standard 61. ISeries and Color: Tnemec 20-1255 Rota -Pox (Beige), Tnemec 20 WH02 Pota-Pox (Tank White), and 1 Tnemec 20-GB03 Rota -Pox (Delft Blue) Generic Description: Polyamide Epoxy Volume of Solids: 56% ± 2%, depending upon color ' Certifications Required: Certified by NSF International in accordance with ANSI/NSF Standard 61. Series: Tnemec Series 66 Hi -Build Epoxoline • Generic Description: Polyamide Epoxy Volume of Solids: 56.0% ± 2% I I 09800-3 Section 09800 Painting/Equipment, Piping, Valves, Fittings Series: Tnemec Series 73 Endura-Shield 1 Generic Description: Aliphatic Acrylic Polyurethane Volume of Solids: 70.0% ± 2% Series and Color: Tnemec Series 90E-92 Tneme-Zinc (Greenish -Gray) Generic Description: Ethyl Silicate Inorganic Zinc -Rich Volume of Solids: 65% ± 2% , Series and Color: Tnemec Series 39-661 Silicone Aluminum (Aluminum) Generic Description: Silicone Aluminum Volume of Solids: 29% ± 2% Series and Color: Tnemec Series N27 F.C. Typoxy Generic Description: Polyamide Epoxy Volume of Solids: 65% ± 2% Thinners. Where thinning Is necessary, only the products of the manufacturer furnishing the paint, and for the particular purpose, shall be allowed and all such thinning shall be done strictly in accordance with the manufacturer and with approval of the Engineer. Only thinners certified by NSF International in accordance with ANSI/NSF Standard 61 will be allowed for components designed• for Immersion Service in Potable Water. E. PAINTING SYSTEMS AND SCHEDULES SCHEDULE 1 - Ferrous Metal Piping, Valves and Fittings for Immersion Service 1 in POTABLE WATER: Dry Film Thickness (mils) j Shop -Surface Preparation SSPC-SP10 Near -White Blast Cleaning Shop Primer Tnemec 140-1211 Pota-Pox Plus 5.0- 8.0 Field Preparation SSPC-SP7 Brush -Off Blast Cleaning Field Spot -Primer Tnemec Series 20-1255 Pota-Pox 4.0 - 6.0 Top Coat 1 Tnemec Series 20-1255 Pota-Pox 4.0 - 6.0 Top Coat 2 .Tnemec Series 20-WH02 or GB03 Pota-Pox 4.0 - 6.0 SCHEDULE 2 - Ferrous Metal Piping, Valves and Fittings for Immersion Service in WASTEWATER: Dry Film Thickness (mils) Shop -Surface Preparation SSPC-SP10 Near -White Blast Cleaning . Shop Primer Tnemec 140-1211 Pota-Pox Plus 5.0 - 8.0 Field Preparation SSPC-SP7 Brush -Off Blast Cleaning Field Spot -Primer Tnemec Series 66 H. B. Epoxoline. 4.0 - 6.0, Top Coat 1 Tnemec Series 66 H: B. Epoxoline 4.0 - 6.0, Top Coat 2 Tnemec Series 66 H. B. Epoxoline 4.0 - 6.0. TI 09800-4 H. I Section 09800 Painting/Equipment, Piping, Valves, Fittings SCHEDULE 3 - Ferrous Metal Piping, Valves and Fittings for Exterior Atmospheric Exposure: ' DryFilm Thickness (mils) Shop -Surface Preparation SSPC-SP6 Commercial Blast Cleaning Shop Primer Tnemec 140-1211 Pota-Pox Plus 5.0 - 8.0 Field Preparation SSPC-SP2 or SSPC-SP3 (Hand -Tool Cleaning or Power -Tool Cleaning) plus Removal of Oil and Grease Field Spot -Primer Tnemec Series 66 H. B. Epoxoline 4.0 - 6.0 Top Coat 1 Tnemec Series 66 H. B. Epoxollne 4.0 - 6.0 Top Coat 2 Tnemec Series 73 Endura-Shield 2.0 - 4.0 SCHEDULE 4 - Ferrous Metal Piping, Valves and Fittings for Interior Exposure: Dry Film Thickness (mils) Shop -Surface Preparation SSPC-SP6 Commercial Blast Cleaning Shop Primer Tnemec 140-1211 Pota-Pox Plus 5.0 - 8.0 1 Field Preparation SSPC-SP2 or SSPC-SP3 (Hand -Tool Cleaning or Power -Tool Cleaning) plus Removal of Oil and Grease '' Field Spot -Primer Tnemec Series 66 H. B. Epoxoline 4.0 - 6.0 Top Coat 1 Tnemec Series 66 H. B. Epoxoline 3.0 - 5.0 Top Coat 2 Tnemec Series 66 H. B. Epoxoline 4.0 - 6.0 i SCHEDULE 5 - PVC Piping for Exterior Atmospheric Exposure: Dry Film Thickness (mils) Shop -Surface Prep. and Primer N/A Field Preparation Scarify by Sanding Top Coat 1 Tnemec Series 66 H. B. Epoxoline 2.0 - 4.0 • Top Coat 2 Tnemec Series 73 Endura-Shield 2.0 - 4.0 ' SCHEDULE 6 - PVC Piping for Interior Exposure: Dry Film Thickness (mils) ' Shop -Surface Prep. and Primer N/A Field Preparation Scarify by Sanding ' Top Coat 1 Tnemec Series 66 H. B. Epoxoline 2.0 - 4.0 Top Coat 2 Tnemec Series 66 H. B. Epoxoline 2.0 - 4.0 'I 1 09800-5 Section 09800 Painting/Equipment, Piping, Valves, Fittings • ' SCHEDULE 7 - Compressed Air Piping (Continuous Service Temperatures less ' than 225°F with Intermittent Temperatures up to 250°F) for Exterior sure: • Dry Film ' Thickness(mils) Shop -Surface Preparation SSPC-SP6 Commercial Blast Cleaning Shop Primer Tnemec 140-1211 Pota-Pox Plus 5.0 -8.0 Field Preparation SSPC-SP2 or SSPC-SP3 (Hand -Tool Cleaning or Power -Tool Cleaning) • plus Removal of Oil and Grease Field Spot -Primer Tnemec Series 66 Hr B. Epoxoline 4.0 - 6.0 Top Coat 1 Tnemec Series 66 H. B. Epoxoline 4.0 - 6.0 Top Coat 2 Tnemec Series 73 Endura-Shield 2.0 - 4.0 SCHEDULE 8 - Compressed Air Piping (Continuous Service Temperatures less than 225°F with Intermittent Temperatures up to 250°F) for Interior Exposure: Dry Film Thickness (mils) Shop -Surface - Preparation SSPC-SP6 Commercial Blast Cleaning Shop Primer . Tnemec 140-1211 Pota-Pox Plus 5.0 - 8.0 Field Preparation SSPC-SP2 or SSPC-SP3 (Hand -Tool Cleaning or Power -Tool Cleaning) ' plus Removal of Oil and Grease Field Spot -Primer Tnemec Series 66 H B. Epoxoline 4.0 - 6.0 Top Coat 1 Tnemec Series 66 H. B. Epoxoline 3.0 - 5.0 Top Coat 2 Tnemec Series 66 H. B. Epoxoline 4.0 - 6.0 1 SCHEDULE 9 - Compressed Air Piping (Continuous Service Temperatures above 250 ° F and below 600 ° F): Dry Film Thickness (mils) Shop or Field Surface Prep. SSPC-SP10 Near -White Blast Cleaning First Coat Tnemec Series 90E-92 Tnemec Zinc 2.0 - 3.5 Second Coat Tnemec Series 39-661 Silicon Aluminum 0.7 - 1.5 SCHEDULE 10 - Galvanized Steel Pipe and Conduit (for Exterior Atmospheric Exposure): Dry Film Thickness (mils) 1. Surface Preparation - SSPC-SP1 Solvent Cleaning and Abrasive Sandblast First Coat Tnemec Series 66 -Color Hi -Build Epoxoline 3.0 - 5.0; - Second Coat Tnemec Series 73 -Color Endura-Shield 2.0 -4.0' 09800-6 • Section 09800 Painting/Equipment, Piping, I Valves, Fittings ' SCHEDULE 11 - Galvanized Steel Pipe and Conduit (for Interior Exposure. Non -Immersion): Dry Film ' Thickness (mils) Surface Preparation SSPC-SP1 Solvent Cleaning and Abrasive Sandblast ' First Coat Tnemec Series 66 -Color Hi -Build Epoxoline 3.0 - 5.0 Second Coat Tnemec Series 66 -Color Hi -Build Epoxoline 3.0 - 5.0 SCHEDULE 12 - Overcoating Factory -Primed and Coated Pumps, Motors, and Equipment (for Non -Submerged Service): Dry Film Thickness (mils) Field Surface Preparation Dull and Scarify all Surfaces by Hand or Mechanical Sanding Spot Primer Tnemec Series N27 F.C. Typoxy 2.0 - 3.0 • Topcoat 1 Tnemec Series N27 F.C. Typoxy 2.0 - 3.0 Topcoat 2 Tnemec Series 73 Endura-Shield 2.0 - 3.0 ' F. APPLICATION • 1. Application of Paint. Paint shall be applied in strict accordance with the recommendations of the paint manufacturer. Temperature, moisture condition and surface preparation shall comply with the manufacturer's requirements, except ' where more strict preparation provisions are set out. Unless noted otherwise by the manufacturer: ' a. the air and surface temperatures are not below 50°F or above 120°F. b. relative humidity Is not above 85 percent and the surface temperature is at 'least 5°F above the dewpoint. Paint shall be applied in amounts and mil thickness in accordance with the ' Specifications. If material has thickened or must be diluted for application by spray gun, the coating shall be built up to the same film thickness achieved with undiluted material. Where touching up is necessary, the painter shall waft until the paint has dried thoroughly, as rebrushing over a partly set film leads to streaking and shadowing. Spray painting will be allowed, when the type of paint specified and the job are adaptable to spray painting. However, care must be taken that spray equipment ' is designed for the work to be done. Particular attention is called to the fact that spray application of paint to metal edges does not generally result in paint of a thickness required for its protection. Therefore, wherever spray is applied to metal edges, the edges shall be touched 09800-7 Section 09800 Painting/Equipment, Piping, Valves, Fittings up with a brush. 2. Protection of Surfaces. Throughout this project the Contractor shall take all necessary precautions to protect all work on the project against dripping, spraying, staining, or scarring adjacent work. He shall immediately clean and repair any adjacent surfaces so damaged. G. PAINT COLORS The Owner reserves the right to select paint colors. Where no colors are selected by the Owner or otherwise shown on the Plans, all non -submerged interior or above -ground piping shall be color -coded as follows: WATER PIPING, VALVES TNEMEC & APPURTENANCES GENERIC COLOR COLOR IDENTIFICATION Non -Immersion Service: Raw Water Settled or Clarified Water Finished or Potable Water WASTEWATER PIPING, VALVES & APPURTENANCES Sewage Plant Effluent Backwash Waste Sludge Sewer (Sanitary or Other) Olive Green Aqua Dark Blue TNEMEC GENERIC COLOR Clay Light Brown Dark Brown Dark Gray 09800-8 EN07 Clover GB36 Aqua Sky SC06 Safety Blue COLOR IDENTIFICATION EN13 Terra Cotta YB31 Twine EN05 Weathered Bark GR28 Fossil II II II I Section 09800 Painting/Equipment, Piping, Valves, Fittings CHEMICAL PIPING, VALVES & APPURTENANCES Alum or Primary Coagulant Orange SC03 Safety Orange Ammonia White WH01 White Carbon Slurry Black IN06 Black SC01 Safety Yellow with Caustic Yellow w/Green band SC07 Safety Green band Chlorine (Gas and Solution) Yellow SC01 Safety Yellow GB04 Fountainbleu with Fluoride Light Blue w/Red band SC09 Safety Red band Lime Slurry Light Green PA30 Daiquiri Ice SC01 Safety Yellow with Ozone Yellow w/Orange band SC03 Safety Orange band PA30 Daiquiri Ice with Phosphate Compounds Light Green w/Red band SC09 Safety Red band SC03 Safety Orange with Polymers or Coagulant Aids Orange w/Green band SC07 Safety Green band Potassium Permanganate Violet SC08 Safety Purple PA30 Daiquiri Ice with Soda Ash Lt. Green w/Orange band SC03 Safety Orange band SC01 Safety Yellow with Sulfuric Acid Yellow w/Red band SC09 Safety Red band PA30 Daiquiri Ice with Sulfur Dioxide Lt. Green w/Yellow band SC01 Safety Yellow band OTHER PIPING, VALVES TNEMEC & APPURTENANCES GENERIC COLOR COLOR IDENTIFICATION Compressed Air Dark Gas Red Other Lines Light Hoists/Trolleys Yello Fire Protection Red Green EN09 Balsam SC05 Monterrey Tile Gray IN01 Light Gray N SC01 Safety Yellow SC09 Safety Red END OF SECTION I 09800-9 I Section 09905 Tank Painting I I I I Li I I TECHNICAL SPECIFICATIONS TANK PAINTING A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, tools, supplies, and incidentals necessary for painting of the interior and exterior of the 0.75 MG elevated, fluted -column storage tank, along with site Improvements. 1. Job Conditions a. All painting systems shall be applied in strict accordance with manufacturersrecommendations. Contractor shall check the ambient temperature, surface temperature of the surface to be painted, and the humidity prior to beginning. b. Do not apply paint (primers, intermediate, or finish coats) when the relative humidity near the surface to be painted exceeds 85 percent; or when temperatures near the surface to be painted is less than 5 deg F (3 deg C) above the dewpoint; or to damp or wet surfaces. 1) The painting contractor shall furnish at the project site a properly calibrated wet -dry bulb Hygrometer with which to determine the relative humidity and dewpoint near the surface scheduled to be painted (as close as practicable to the surface), immediately preceding application of paint. 2) If the temperature drops or the humidity increases perceptibly during the application of the paint, the painting contractor shall by Hygrometer reading check the resultant relative humidity and dewpoint near the surface scheduled to be painted. 3) Painting operations shall be suspended as long as the relative humidity near the surface to be painted exceeds 85 percent or when temperature near the surface to be painted is less than 5 deg F ' MATERIALS(3 deg C) above the dewpoint. B. 1. Available Manufacturers. For the purpose of establishing the required level of quality, protective coatings manufactured by Tnemec Co., Kansas City, MO, have been specified herein. However, the "or equal' clause of the Standard General ' Conditions of the Construction Contract, paragraph 6.7, shall apply. All interior coatings shall comply with NSF Standard 61. 1 09905-1 Section 09905 Tank Painting 2. Paint Materials. General a. Material Compatibility. The Contractor shall provide primers, finish coat materials, and related materials that are compatible with one another and the substrates indicated under conditions of service and application, as demonstrated by the manufacturer based on testing and field experience. b. Material Quality. The Contractor shall provide the manufacturer's best -quality trade paint material of the various coating types specified. Paint material containers not displaying manufacturer's product identification will not be acceptable. 1) Proprietary Names. Use of manufacturer's proprietary product names to designate colors or materials is not intended to imply that products named are required to be used to the exclusion of equivalent products of other manufacturers. Furnish.., the,-,.,..,.,, manufacturer's . material data and certificates of performance for proposed substitutions. c. Colors. Provide color selections made by the Engineer from the manufacturer's full range of standard colors. C. EXECUTION , 1. Quality Assurance . a. ' Applicator Qualifications. Engage an experienced applicator who has completed painting system applications similar in material and extent to those indicated for the Project that have resulted in a construction record of successful in-service performance. b. Single -Source Responsibility. Provide primers and undercoat paint produced by the .same manufacturer as the finish coats. 2. Examination. The Contractor shall examine substrates and conditions under which painting will be performed for compliance with paint application requirements. Surfaces receiving paint must be thoroughly dry before paint is applied. - a Do not begin to apply paint until unsatisfactory conditions have been corrected. Start of painting will be construed as the Applicator's acceptance of surfaces and conditions within a particular area: • 3. Preparation a. General. Remove hardware and hardware accessories, plates, machined surfaces, lighting fixtures, and similar items already installed that are not to. 09905-2 I I I I I I I I I I I I I I I I I Section 09905 Tank Painting be painted, or provide surface -applied protection prior to surface preparation and painting. Remove these hems, if necessary, to completely paint the items and adjacent surfaces. Following completion of painting operations in each space or area, have items reinstalled by workers skilled in the trades involved. b. Cleaning. Before applying paint or other surface treatments, clean the substrates of substances that could impair the bond of the various coatings. Remove oil and grease prior to cleaning. Schedule cleaning and painting so dust and other contaminants from the cleaning process will not fall on wet, newly painted surfaces. c. Surface Preparation. Clean and prepare surfaces to be painted according to the manufacturer's instructions for each particular substrate condition and as specified. 1) Outside Surface. The outside surface shall be prepared by blast cleaning to SSPC-SP-6 "Commercial Blast Cleaning" using a crushed and graded aggregate to produce a "blast profile" of 1.0 to 2.0 mils. 2) Inside Surface. The inside surface shall be prepared by blast cleaning to SSPC-SP-10 "Near White Blast Cleaning" using a crushed and graded aggregate to produce a "blast profile" of 1.5 to 2.5 mils. Even though some of the Inside prime may be tightly adhered, it is the intent of this Specification to blast the inside surface to "Near White Blast Cleaning," therefore removing all inside paint. d. Materials Preparation. Carefully mix and prepare paint materials according to manufacturer's directions. 1) Maintain containers used in mixing and applying paint in a clean condition, free of foreign materials and residue. 2) Stir material before application to produce a mixture of uniform density; stir as required during application. Do not stir surface film into material. Remove film and, if necessary, strain material before using. 3) Use only thinners approved by the paint manufacturer and only within recommended limits. 4. Application a. General. Apply paint according to manufacturer's directions. Use applicators and techniques best suited for substrate and type of material being applied. 09905-3 Section 09905 Tank Painting Ii b. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions detrimental to formation of a durable paint film. , 1) Provide finish coats that are compatible with primers used. 2) The number of coats and the film thickness required are the same regardless of the application method. Do not apply succeeding coats until the previous coat has cured as recommended by the manufacturer. Sand between applications where sanding is required to produce.a smooth even surface according to the manufacturer's directions.. •' 3) Apply additional coats if undercoats, stains, or -other conditions show through final coat of paint until paint film is of uniform finish, color, and appearance. Give special attention to ensure that surfaces, including edges, corners, crevices, welds, and exposed fasteners, receive a dry film thickness equivalent to that of flat surfaces. 4) The term exposed surfaces includes areas visible when permanent or built-in fixtures, convector covers, covers for finned tube radiation, grilles, and similar components are in place. Extend coatings in these areas, as required, to maintain the system integrity and • provide desired protection. c. Scheduling Painting. Apply first coat to surfaces that have been cleaned, pretreated, or otherwise prepared for painting as soon as practicable after preparation and before subsequent surface deterioration. Allow sufficient time between successive coats to permit proper drying. Do not recoat until paint has dried to where it feels firm, does not deform or feel sticky under moderate thumb pressure, and where application of another coat of paint does not cause the undercoat to lift or lose adhesion. d. Application Procedures. Apply paints and coatings by brush, roller, spray, or other applicators according to the manufacturer's directions. 1) Brushes. Use brushes best suited for the material applied. 2) Rollers. Use rollers as recommended by the manufacturer for the material and texture required. 3) Spray Equipment. recommended by required. Use airless spray equipment with orifice size as ' the manufacturer for the material and texture e. Application at Welded Joints. If spray equipment is used, rollers or brushe shall be used to apply coatings at all welded joints prior to spraying tc ensure adequate coating of the welded surface. J s M1hF 09905-4 Section 09905 Tank Painting .4 fi n Y♦ , f. Minimum Coating Thickness. Apply materials no thinner than the manufacturer's recommended spreading rate. Provide the total dry film thickness of the entire system as recommended by the manufacturer. g. Mechanical items to be painted include, but are not limited to, the following: 1) Piping, pipe hangers, and supports. ' 2) Tank (interior and exterior). 3) Supports. ' 4) Accessory items. h. Electrical items to be painted Include, but are not limited to, the following: ' 1) Conduit and fittings. i. Prime Coats. Before applying finish coats, apply a prime coat of material, as recommended by the manufacturer, to material that is required to be painted or finished and that has not been prime -coated by others. Recoat primed and sealed surfaces where evidence of suction spots or unsealed ' areas In first coat appears, to ensure a finish coat with no bum -through or other defects due to insufficient sealing. Ii. Pigmented (Opaque) Finishes. Completely cover to provide a smooth, opaque surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting, holidays, laps, brush marks, runs, sags, ropiness, or ' other surface imperfections will not be acceptable. k. Completed Work. Match approved samples for color, texture, and coverage. Remove, refinish, or repaint work not complying with specified • requirements. 5. Field Quality Control a. General. Field quality control for water storage tank shall comply with Section 5, Verification of AWWA D102, latest edition. Test shall include but not be limited to the following: 1) Wet film thickness. 2) Dry film thickness. 3) Holiday testing. b. If test results indicate that work or material in place does not comply with these Specifications, the Contractor will be required to rework areas in ' noncompliance until such areas comply. 6. Cleaning. At the end of each work day, remove empty cans, rags, rubbish, and other discarded paint materials from the site. I 09905-5 Section 09905 Tank Painting After completing painting, clean paint -spattered surfaces. Remove spattered paint by washing and scraping. Be careful not to scratch or damage adjacent finished surfaces. 7. Protection a. Protect work of other trades, whether being painted or not, against damage by painting. Correct damage by cleaning, repairing or replacing, and repainting, as acceptable to Engineer. b. Provide "Wet Paint" signs to protect newly painted finishes. Remove temporary protective wrappings provided by others to protect their work after completing painting operations. At completion of construction activities of other trades, touch up and restore damaged or defaced painted surfaces. c. Protect adjacent structures, vehicles, and other personal property on contiguous property from overspray. , 8. Tank Paint Schedules a. Outside Coating System. System Designation OCS-5-S of Outside Paint System No. 5, as set'out in Section 4.2 of AWWA Specification D102, latest revision, shall be used to paint the outside of the tank. Outside Paint System No. 5 is a three -coat system consisting of one prime coat and an Intermediate coat of two -component epoxy and a finish coat of two -component aliphatic acrylic polyurethane coating. All three coats of paint shall be of the same manufacture. The Bidder shall submit data sheets of the paint he proposes to furnish, as well as thinners and additives to be used, as a part of the bid documents. Paint materials to be used on the outside surface shall be equal to Tnemec, as follows: r 1) Prime Coat. The prime coat shall be beige in color, Tnemec Series 20 Pota-Pox, 20-1255. 2) Intermediate Coat. The intermediate coat shall be Tank White in color, Tnemec Series 20-WH02 Pota-Pox. 3) Final Coat. The final coat shall be aliphatic acrylic polyurethane, Tnemec Series 74 Endura-Shield. Color shall be white. 1 I I L 09905-6 I I I I Section 09905 Tank Painting 4) Application Rates. The paint shall be applied at such a rate as to attain a total dry film thickness of not less than 7.0 mils as follows: Prime Coat 3.0 mils Intermediate Coat 2.0 mils Final Coat 2. mils ITotal (minimum) 7.0 mils I I I I I I I Ii I I b. Inside Coating System. System Designation ICS -2-W of Inside Paint System No. 2, as set out in Section 4.3 of AWWA Specification D102, latest revision, shall be used to paint the inside of the tank. All interior coatings shall comply with NSF Standard 61. The three -coat epoxy system of Inside Paint System No. 2 shall be used and shall consist of a primer, an intermediate coat, and a finish coat. All three coats of paint shall be of the same manufacture. Thinners and additives shall be in accordance with paint manufacturer's recommendations. The Bidder shall submit data sheets for the paint as well as thinners and additives which he proposes to furnish as a part of the bid documents. Paint materials to be used on the inside surface of the tank shall be equal to Tnemec, as follows: 1) Primer. The prime coat shall be beige in color, Tnemec Series 20 Pota-Pox, 20-1255. 2) Intermediate Coat. The intermediate coat shall be Tank White in color, Tnemec Series 20 Pota-Pox-WH02. 3) Final Coat. The final coat shall be white in color; Tnemec Series 20 Pota-Pox, 20-AA90. 4) Application Rate. The paint shall be applied at such rates as to attain a total dry film thickness of not less thani12.0 mils, as follows: Prime Coat 3.0 mils Intermediate Coat 4.0 mils Final Coat 5.0 mils Total (minimum) 12.0 mils END OF SECTION I 09905-7 I Section 11398 Misc. Items/Equipment I ' TECHNICAL SPECIFICATIONS MISCELLANEOUS ITEMS AND EQUIPMENT ' A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for furnishing and installing all miscellaneous items, equipment, and appurtenances of the type required as shown on the Plans and hereinafter specified. B. ALUMINUM HATCH ' An aluminum hatch shall be provided for the pipe vault. The hatch shall be Halliday Series H2R hatch, Model H2R6048. C. TRENCH GRATING 1. Inlet Box. The trench grate at the inlet box shall be Vulcan VFG 18 x 30 trench 'grate and frame, or equal. 2. Slab Drain Box. The trench grate at the drain box in the tank slab shall be two VFG 12 x 24 trench grates (no frame require). D. REINFORCED CONCRETE CULVERT PIPE ' The pipe may be of either bell and spigot or tongue and groove unless one type is specified on the plans or is required to extend an existing culvert. Tests shall be conducted according to AASHTO T 280. 1. The manufacture and furnishing of circular pipe shall be according to the ' provisions of AASHTO M 170 with a minimum B wall thickness. 2. Joints shall be sealed with either performed rubber gaskets or bitumen/butyl ' rubber plastic gaskets complying with AASHTO M 198, Type A or B, except that Type B shall have a Specific Gravity of 1.20 to 1.45. I. When a primer is recommended by the manufacturer to be used with the gasket, the material in the primer shall comply with the requirements as specified by the manufacturer. END OF SECTION I I 11398-1 I I I I I I I I Section 13659 Water Storage Tank TECHNICAL SPECIFICATIONS 0.75 MILLION GALLON FLUTED -COLUMN STORAGE TANK A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the construction of a 750,000 gallon elevated, fluted -column storage tank. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Generally, included are the following: • Design, fabrication, delivery, erection, painting, testing, and disinfection of one 750,000 gallon fluted -column storage tank. • Design and construction of a reinforced concrete tank foundation including all excavation and backfill. • Construction of all water lines, valves, vaults, sitework and paving, and cleanup as specified or shown on the Plans. B. EXPERIENCE Bids will be received only from experienced tank contractors who have successfully completed at least five elevated water storage tanks of similar style, and equal or greater capacity in the last five years. A letter shall accompany the bid listing at least five such projects including contract names and phone numbers. C. SUBMITTALS 1. Drawings. The successful bidder shall furnish five sets of detailed drawings of the tank and foundation. These drawings shall be sealed by a registered professional engineer licensed in the State of Arkansas. 2. Design Calculations. The successful bidder shall furnish detailed design calculations for the elevated water storage tank and foundation. Calculations shall be submitted to the Engineer prior to the start of construction. D. DESIGN STANDARDS AND MATERIALS The materials, design, fabrication, erection, inspection, and testing of the elevated tank, foundation, and related appurtenances shall conform to the latest edition of the AWWA Standard for Tanks for Water Storage, AWWA D100, as published by the American 'Water Works Association. The tank and supporting structure shall be of the fluted -column style similar to the Hydropillar style tank as manufactured by Pitt -Des Moines, Inc., and shall be of all 13659-1 Section 13659 , Water Storage Tank welded construction. The fluted -column support structure shall be dry. All openings in the tower shall be properly reinforced and the tower shall be adequately anchored to the foundation. Loads imposed by the tower openings shall be accommodated in the foundation design. a All tank plates in contact with water shall have a minimum thickness of 1/4 inch and the minimum thickness of parts not in contact with water shall be 3/16 Inch. Foundations shall be designed and furnished by the tank Contractor. The tank Contractor shall design the foundations in accordance with the recommendations or the findings contained in the subsoil investigation report provided by the Owner. The soils report shall be provided to the tank contractors for their use during the bid 'phase of the project. If additional subsurface investigation or testing is required by the tank Contractor for foundation design, the Contractor shall obtain such tests, and the costs associated for such tests shall be paid by the Contractor. Each bidder shall submit with his proposal a preliminary design sketch of the foundation he proposes to furnish. The final foundation construction drawings shall be prepared by the tank Contractor and submitted for review by the Engineer in accordance with the General Conditions of these Contract Documents. The Contractor shall furnish the necessary anchor bolts for installation in the foundation. • The tank, fluted tower, and foundation shall be designed to safely withstand the following loads and forces acting separately or together as required by the applicable sections of AWWA D100: • Weight of the structure. I • Weight of the water. • Roof snow load of 25 pounds per square foot. • Wind loads incurred by wind blowing at a rate of 100 MPH in any direction. • Seismic loads for Zone 1. E. TANK GEOMETRY AND GENERAL INFORMATION 1. Capacity: 750,000 Gallons. 2. Height to Top Capacity Line (TCL) Above Top of Foundation: 114.25 Feet, 3. Head Range: 40 Feet Maximum. I 4. Tower Diameter: 64 Feet. ' 5. Provide an 18 inch diameter offset steel riser pipe. The riser pipe shall extend up from the base elbow adjacent to the tower to a point near the tank bottom, then over adjacent to the tank center, then up through the tank bottom adjacent to the 13659-2 Section 13659 Water Storage Tank i drywell. All connections shall be welded. ' 6. Provide a removable slit stop on the riser pipe inside the tank bottom. 7. Provide an 18 inch diameter steel overflow pipe. The overflow pipe shall be fitted with a weir box. The overflow system shall be designed to accommodate a maximum inlet rate of 3,000 GPM. The overflow pipe shall be attached to the drywell, then offset to extend down inside the tower to the location shown on the Plans. 8. Ladders shall be equipped with a suitable ladder safety device. The ladder safety device shall be a cable -type system complying with OSHA standards. 9. A suitable vent of adequate size shall be provided near the center of the tank roof to permit the passage of air. The vent shall be sized to handle the pressure differential caused by water entering or leaving the tank at a maximum rate. The maximum withdrawal rate is 12,000 GPM. The open area of the overflow shall not be considered as venting area. The vent shall have frost -free insect screens and shall be designed to relieve any pressure or vacuum in the event the screen is clogged. The vent shall be easily dismantled to remove the screens for cleaning. 10. Provide three (3) 24 inch diameter roof hatches into the tank. One hatch will be utilized for ventilation during painting operations and may also be combined with the roof vent. One hatch shall be located over the center of the drywell. The other hatch shall be located outside of the drywell for access to the tank interior. ' F. ACCESSORIES TO BE PROVIDED BY CONTRACTOR 1. Handrail. Provide a 42 inch high three -rail handrail around the top of the tank bowl as shown on the Plans. The handrail shall be 1-1/2 Inch diameter steel pipe. 2. Access Tube. Provide an access tube located on the vertical centerline of the tank. The access tube shall have a minimum diameter of 48 inches and shall provide access from the top of the fluted column to the tank roof. Provide a walkway immediately below the tank extending from the tower to the access tube. The walkway shall be a minimum of 36 Inches wide with 42 inch high handrails. Provide a ladder system attached to the tower which extends from grade to the walkway. This ladder system shall be offset at no more than 20 foot intervals with • rest platforms provided. 3. Ladders. Additional ladders are required from the walkway up to the painters rail access manhole, and from the walkway up to the tank bottom manhole. A ladder is also required on the interior of the access tube for access from the walkway up to the tank roof. These ladders shall be equipped with a suitable ladder safety device in accordance with OSHA standards. 1 13659-3 Section 13659 ' Water Storage Tank The ladder safety device shall be an OSHA -approved cable fall prevention system complete with two (2) harnesses and two (2) sleeves. The ladder safety device shall be a galvanized cable -type system, as manufactured by DBI Industries, or equal. 4. Doors. One 36 inch x 80 inch hollow metal pedestrian access door shall be located in the base of the tower. The door shall be equipped with a mortise lockset with an additional deadbolt lock, with duplicate keys and 1-1/2 pair ball bearing butt hinges. Provide a 10 foot x 12 foot overhead steel rolling service door, manually operated; to be located at grade level in the fluted tower. The door shall be properly flashed. Provide safety posts outside the door. The door shall be located as shown on the Plans and shall be 620 Series with locking device as manufactured by Overhead Door, or equal. 5. Access Manholes. Provide one (1) 30 inch diameter manhole giving access to the exterior painters rail located at the top of the fluted column. The painters rail shall be located approximately .24 inches beneath the junction of the tower and the tank. There shall be a platform inside the tower at this point. Provide one (1) 30 inch diameter manhole through the tank bottom. This tank bottom manhole shall be accessible from the upper walkway by means • of a 'straight ladder as described above. I I 6. Painters Rails. Provide painters.rails permanently installed on the underside of the tank roof as follows: a. One painters rail near the center of the tank. b. One painters rail located approximately 18 inches from the tank shell. c. If the slope distance between these two painters rails exceeds 32 feet, provide a third rail hear midspan. 7. Condensate Ceiling. A fabric condensate ceiling shall be provided inside the I tower. The condensate ceiling shall be equipped with PVC drain pipe to grade. •Condensate ceiling location and elevation shall be as shown on the Plans. 8. Obstruction Lights. A double obstruction light, enclosed in aviation red obstruction light globes shall be provided, complete with photo -electric cell, conduit and wire to a junction box in the base of the tower, as approved by the FAA. 9. Column Vents. A minimum of twelve (12) vents of 10 inch diameter shall be provided in the fluted tower. Four of the vents shall be installed near the top of • the fluted tower and another four near the base above the condensate ceiling. The remaining four shall be located below the condensate ceiling. G. CLEANING AND PAINTING The tank and all appurtenances shall be cleaned and painted as specified elsewhere in I 13659-4 I I I I I 1 I I I I I I Section 13659 Water Storage Tank the Specifications and as shown on the Plans. The tank fabrication company shall provide a signed affidavit certifying that all metal undergoing surface preparation and coating in the shop prior to delivery to the construction site is in strict accordance to these Specifications and appropriate steel coating practices. Sufficient quality control measures shall be instituted to ensure adherence to this requirement. H. The tank and piping shall be disinfected as set out elsewhere in these Specifications. TESTING After the tank is cleaned and painted, it shall be filled with clean water furnished in the tank by the Owner. Seven hundred fifty thousand (750,000) gallons of water shall be provided without cost to the Contractor for purposes of disinfection and testing of the facilities. The water shall be at proper pressure to fill the tank to the maximum working level. Any leaks which are disclosed by this test in the shell or bottom of the tank shall be repaired by chipping out any defective welds and then rewelding. No repair work shall be done on any joints unless the water in the tank is at least 2 feet below the joint being repaired. J. GUARANTEE The tank Contractor shall guarantee the structure against any defect in materials or workmanship for a period of one year from the date of completion. In case any such defect shall appear and is reported in writing to the Contractor during the guarantee period, the Contractor shall make the necessary repairs without charge to the Owner. END OF SECTION I 13659-5 I I I I I I I I I I I Section 16000 Basic Electrical Requirements TECHNICAL SPECIFICATIONS BASIC ELECTRICAL REQUIREMENTS A GENERAL The Contractor shall furnish all equipment, tools, materials and perform all labor, and install complete all electrical circuits, conduit, wiring, cable, fittings, lighting fixtures, lamps, panelboards, switches, fuses, motor control equipment and apparatus, and all other work and materials required for a complete installation of all electrical work and equipment covered by these Specifications and the Plans. All work shall be done and materials furnished in accordance with these Specifications and in a manner satisfactory to the Engineer. The Contractor should note that Sections 16000 through 16950 of these Specifications include items of power, control, and instrumentation. The Contractor needs to coordinate the electrical sub -contractor's bids to insure that all of the items required are furnished and that all of the required installation is provided. B. CODES AND PERMITS The work shall be performed and all materials shall conform and be in accordance with the latest National Electrical Code and applicable state and local rules and regulations.. The Contractor shall, at his own expense, obtain all necessary permits, inspections and approval of proper authorities in local jurisdiction of such work. C. RELATION TO OTHER WORK The electrical work shall be done to conform to the construction schedule and progress of other associated trades. Electrical apparatus on all equipment furnished and set by other trades shall be connected, checked out, serviced, and placed in readiness for proper operation to the satisfaction of the Owner and the Engineer, all within the scope of the work intended under these Specifications. D. MATERIALS AND WORKMANSHIP All materials shall be new, and shall be of the latest standard design of a manufacturer regularly engaged in the manufacture of that type of equipment. Materials shall be in good condition and shall be free from dents, scratches or other damage incurred in shipment or installation. All equipment shall comply with the National Electrical Code, Underwriters Laboratories, or other appropriate agency. Installation shall be made in a neat and workmanlike manner, and all materials shall be installed in accordance with the recommendations of the various manufacturers. 16000-I I Section 16000 Basic Electrical Requirements Incidental materials required to complete the installation as intended by. these Specifications shall be of the type and quality in keeping with specified equipment. E. MATERIALS STANDARDS AND EQUIPMENT APPROVAL Manufacturers' trade names or catalog numbers used in these Specifications and/or indicated on the accompanying Plans denote type, size, quality, and design of equipment required and is not intended as closed Specifications. All materials used in this work are subject to the approval of the Engineer. Items of electrical equipment manufactured by Square D, General Electric, Westinghouse, or equal, will be acceptable. All materials and equipment shall be submitted for approval, and all pertinent information, when submitted from catalog or equipment information sheets, shall be clearly marked so that the material or equipment proposed to be furnished can be readily and completely identified. Schematics and connection diagrams of all electrical equipment shall be submitted for approval. Manufacturers' standard connections, where clearly marked by black ink, will be acceptable. - F. GUARANTEE The Contractor shall guarantee to the Owner all work performed under this contract to be free from defects in workmanship and material for a period of one year from date of final acceptance. Defects arising during this period will be promptly remedied by the Contractor at his own expense, upon notice by the Owner. All lamps for lighting fixtures shall be excluded from this guarantee, but one complete and operative set of lamps for lighting fixtures shall be in place at time of final acceptance. 4. G. PLANS The Plans indicate the extent and general arrangement of the various systems. No departure from the arrangements shown on the Plans shall be made without the prior written approval of the Engineer. Where wire sizes, conduit and other items of construction are shown or required for a complete installation, but are not adequately identified as to size or material requirements, the materials furnished shall be in accordance with "Code" requirements as though shown in detail on the Plans. The Plans showing the extent and arrangement of the work of this particular trade must be used, together with the Plans showing the extent and arrangement of the work of other trades. The Contractor shall lay out his work with due consideration for the other trades and shall be responsible for calling to the attention of the Engineer any interferences encountered. Such interferences shall be investigated and called to the attention of the Engineer before any equipment is installed and before any materials are fabricated. Relocation resulting from interferences shall be made at no additional cost to the Owner. 16000-2 1 Section 16000 Basic Electrical Requirements H. TESTS AFTER INSTALLATION Before the Owner will give final acceptance, the Contractor shall make such insulation and load tests as to assure the proper performance of each and every circuit. The Contractor shall furnish all instruments for such tests. All circuits, regardless of voltage class, will be checked with a DC megger prior to energizing the first time. 1 Insulation tests shall include DC megger tests of all feeder circuits. Resistance values of 10 megohms or greater shall be required for all circuits. All branch circuits and feeders shall be tested under maximum and typical load conditions, and loads shall be balanced on the phases of the system as is practical to do. The Contractor shall submit to the Engineer in writing a statement that all such tests have been made and all deficiencies corrected. The Contractor shall, in the presence of the Engineer or his representative, verify the results of any or all of the above tests. Before placing in permanent service, all motors are to be checked to see if motors are operating within nameplate current rating. All instances where nameplate rating is exceeded shall be reported to the Engineer, so that reason for overload may be investigated. I. PLANS OF RECORD The Contractor shall furnish "Plans of Record" drawings at the completion of the job. One complete set of prints will be furnished the Contractor for this purpose in indicating changes made in the actual installation. Changes made on the Plans of Record drawings shall include the following: 1. Actual location of all panels and equipment. 2. Revision of fixture schedule and other materials schedules to indicate fixtures and materials actually installed. These drawings shall be turned over by the Contractor to the Engineer for his approval at the completion of the job. ' J. SETTING OF EQUIPMENT All equipment shall be leveled and made plumb. Metal junction boxes, equipment enclosures and metal raceways mounted on water or earth -bearing walls shall be separated from walls not less than 1/4 inch by corrosion -resistant spacers. All electrical conduits and items of equipment shall be run or set parallel to walls, floors and other items of construction. K GROUNDING All equipment and electrical systems shall be grounded in compliance with the National Electrical Code and as hereinafter set out. All three phase circuits shall include an insulated grounding conductor of the same size as the power conductor on all circuits up to 16000-3 Section 16000 Basic Electrical Requirements and including 20 -ampere circuits. On circuits over 20 amperes, the size of the grounding conductor shall be in accordance with the applicable tables in the latest edition of the National Electrical Code. This grounding conductor shall be connected to the motor frame and to the system neutral. Grounds to equipment shall be made with lugs or clamps. All grounding cable shall be copper and shall be sized in accordance with Code requirements when sizes are not specifically called for on the Plans. Ground rods shall conform to ANSI/UL 467 and shall be copper dad steel, sectional type, joined by threaded copper alloy couplings. Locations shall be as shown on the Plans. Length of the rods forming an individual ground array shall be equal in length and shall be of the length required to obtain a• minimum ground resistance of 5 ohms. The top of the ground rod shall be fitted with a coupling and steel driving stud. Rods and fittings shall be Copperweld, Blackburn, Weaver, or equal. Grounding conductors shall be cadwelded to the ground rods. L. MECHANICAL EQUIPMENT CONNECTIONS I The electrical contractor shall provide power for the mechanical contractor's electrical equipment. The electrical contractor shall install all power wiring, making final connection to the equipment, and shall install all control wiring and electrical controls in compliance with the manufacturers specifications. t The mechanical contractor will furnish the electrical contractor with adequate wiring diagrams for complete installation of the required electrical work, and the mechanical contractor shall supervise the electrical contractor in all such connections, and shall verify the correctness of the installation before the system is energized. M. OPERATION VOLTAGES I Unless specifically shown otherwise on the Plans or provided for in these Specifications, all new equipment shall be designed for voltages as follows: 1. All motors of every type 1/2 horsepower and larger. 230/460 volt, three phase, 60 Hertz, unless shown otherwise on the Plans. 2. All starter holding coils of every type: 120 volt, unless shown otherwise on the Plans. 3. All lighting circuits: 120 volt. 4. All control circuits, except specific units requiring reduced voltage: 120 volt. - 5. Motors less than 1/2 horsepower, unless otherwise specifically provided: 120 volt. END OF SECTION 16000-4 Section 16050 Electrical Materials And Methods TECHNICAL SPECIFICATIONS ' ELECTRICAL MATERIALS AND METHODS A GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the installation of conduit, raceways, and junction boxes. The type of materials shall be as called out on the Plans. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS 1. PVC Conduit. Rigid non-metallic conduit shall be Schedule 40 PVC. Non-metallic conduits and fittings shall be UL listed, sunlight -resistant, and rated for use with 90 degrees C conductors. Non-metallic conduits and fittings shall be manufactured by Carton, or equal. 2. Galvanized Rigid Conduit. All wiring shall be installed in conduit. All conduit that is concealed in concrete or underground shall be galvanized rigid conduit. All conduit, couplings; elbows, etc., which form a part of the conduit system shall be made of zinc -coated mild steel of quality and merit as determined and approved by the Engineer. All conduit shall have a continuous zinc coating throughout the entire interior and exterior surfaces of the conduit regardless of diameter. The interior of the conduit shall be perfectly smooth. All threads of the conduit shall be clean and sharp and shall be coated to conform with the remainder of the conduit. 1 3. PVC -Coated Rigid Conduit. All wiring shall be installed in conduit. All conduit that is exposed shall be PVC -coated rigid conduit. All conduit, couplings, elbows, etc. which form a part of the conduit system shall be made of PVC -coated mild steel of quality and merit as determined and approved by the Engineer. All conduit shall have a continuous PVC coating throughout the entire interior and exterior surfaces of the conduit regardless of diameter. The interior of the conduit shall be perfectly smooth. All threads of the conduit shall be clean and sharp and shall be coated to conform with the remainder of the conduit. 4. Couplings. Only threaded type couplings shall be used on rigid conduit. Only 1 compression type couplings shall be used on electrical metallic tubing. Indenter type and set screw type is prohibited. At couplings, conduit ends shall be threaded so that they meet in the couplings. Right and left couplings shall not be used. Conduit couplings of the Erickson type shall be used at locations requiring such joints. The use of running threads will not be permitted. Where standard threaded couplings cannot joint conduits, approved watertight conduit unions shall be used. All couplings and unions shall be mechanically strong and shall make perfect electric ground between conduits connected. 5. Expansion Fittings. Expansion fittings, O -Z Type "AX,° shall be provided on all conduits where passing through expansion joints. I 16050-1 I 1. Section 16050 Electrical Materials And Methods 6. Flexible Conduit. All flexible conduit shall be liquid -tight as manufactured by American Brass Company "Seal-Tite" Type UA or EF. A spiral encased copper bonding conductor shall be included in all 1-1/4 inch and larger sizes. 7. Raceways. Raceways shall be of best quality steel, smooth inside and out, and shall be galvanized or Sheradized. Raceways shall be as manufactured by Sherarduct, Triangle; Walker, or equal. 8. Junction Boxes. Junction boxes used in installations shall be rated NEMA 3R complete with appropriate cover and suitable hubs for watertight connections. The junction boxes shall be (12"hx12"wx6"d), Hoffman Catalog number A-12R126HCR, or equal. 9. Bolts and Screws. All bolts and screws used in the installation of all other materials shall be stainless steel. C. EXECUTION General. Conduit shall be run concealed where possible and shall be kept at least 6 inches from hot water pipes and flues. Conduits shall be installed in a neat and workmanlike manner, whether concealed or exposed. For exposed construction, conduits must be run parallel or perpendicular to walls and ceilings with right angle turns consisting of symmetrical bands or fittings. All bends and offsets shall be avoided where possible. A run of conduit between outlet and fitting shall not contain more than the equivalent of four -quarter bends, including those immediately at outlet or fittings. Bends in rigid conduit shall be made with a hickey or conduit -bending machine without reducing the internal diameter of the conduit or without injury to protective coatings. The use of a pipe tee or vise will not be permitted. The radius of the curve of the inner edge of the conduit shall not be less than six times the inside diameter of the conduit. Conduit deformed or crushed in• any way shall not be installed and must be removed from the buildings without delay. No conduit shall have an inside diameter of less than 1/2 inch and sizes, unless otherwise shown or noted on the Plans, shall conform to the requirements of the National Electrical Code. All empty conduits shall have a No. 18 steel pull wire left in place. 2. Corrosion Protection. Where galvanized rigid conduits are laid below ground known to be corrosive and where they pass through, or are laid in cinder concrete or plain cinder fill, they shall be thoroughly coated with two coats of Koppers Bitumastic No. 50 waterproof paint. The conduits shall have all wrench marks carefully touched up after being made up. 3. Joints. Threaded joints shall be made up with pipe dope, applied to male thread only. 4. Location. Except for the areas having suspended ceilings, throughout the entire project conduit is to be installed on the surface of walls and ceilings. All conduits in • the office and laboratory areas shall be concealed in walls or above ceiling. Wherever motors are to be serviced out in' floor areas (except immediately adjacent to walls) conduit shall be run in the concrete floors and shall extend to near the motor head location. Connections to the motors will be by flexible conduit as• hereinafter specified. Where large motors are set out in floor spaces and no other 16050-2 1 ISection 16050 Electrical Materials And Methods impediment is involved, conduit may be brought in straight runs from the ceiling overhead. 5. Raceways. All raceways 1-1/4 inches in diameter and larger shall be terminated in pull boxes, junction boxes, panelboards, etc. Myers Say hubs, in lieu of lock nuts and bushing, shall be used in all areas requiring NEMA 3R equipment. 6. Workmanship. Conduits shall be cut with a hacksaw, ends must be square, threads cut and cleaned before reaming. The ends of all conduits shall be reamed to remove all rough edges and burrs. Conduits shall be securely fastened to all outlet boxes with lock nuts and bushings of approved make. Care should be exercised to see that the full name of threads project through to allow the bushing to butt up tight against the end of the conduit, after which the lock nut shall be screwed tight enough to draw the bushing into firm contact with the box All exposed conduits, boxes and fittings (minus devices, plates and fixtures) shall be installed prior to painting of the interior of the building, so that all exposed work may receive a finish coat of paint to match surrounding surfaces. • 7. Depth of Bur'. Underground conduits and duct banks shall have 18 inches minimum earth cover unless otherwise permitted by the Plans or Specifications. This minimum earth cover shall be 24 inches under areas of vehicular travel. IEND OF SECTION 1 .1 1 I I I I 1 16050-3 Section 16120 Wire And Cables TECHNICAL SPECIFICTIONS WIRE AND CABLES A GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of wires and cables. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. ' B. MATERIALS 1. Power Wire. Wire used in construction shall be copper Type THHN or THWN. On power and lighting circuits, no wire smaller than No. 12 shall be installed. Wire may be stranded. All control wiring shall be color coded, and the colors shall be continuous for any one circuit throughout its entire length. On wire sizes where colored insulation is not available, the circuits shall be identified by colored tape strips wrapped around the wire at the points of connection. NO ALUMINUM WIRE WILL BE APPROVED. Specific wire sizes shown on the Plans refer to American Wire Gauge and circular -mil area designations. All insulated wire for use on secondary circuits shall have a voltage rating of 600 volts and shall conform to current National Electrical Code and ASTM Standards. • 2. Signal Wire. All low-level signal circuits shall be wired with #18 AWG instrumentation cable. Signal pairs shall individually shielded. The cable shall be Belden, or equal. The number of signal pairs and type of cable shall be as called out on the Plans. 3. Direct Burial Signal Wire. All low-level signal circuits that connect to remote sites shall be wired with #20 AWG, stranded conductors (10x30), multi -conductor direct burial instrumentation cables. The signal pairs shall be tinned copper, polypropylene insulated, twisted pairs. Each pair shall be individually shielded with Beldfoil aluminum -polyester shield. The cable shall be complete with a #22 AWG I. stranded tinned copper drain wire. The cable shall be provided with an overall black high -density polypropylene outer jacket. The cable shall be Belden catalog number 9886, or equal. The cable shall have a total of six (6) signal pairs. C. EXECUTION i.r I I Installation. A complete wiring system shall be installed as shown on the Plans. No wires shall be pulled in until the conduit system is complete. No grease, oil, or lubricant other than powdered soapstone or Ideal wire ease shall be used to facilitate the pulling of wires. Joints that may become necessary in circuit work at the outlets shall be made with approved compression connectors, Scotch Loc, or equal. At each fixture outlet, a loop or end of wire not less than 8 inches long shall be left for connection to fixtures. All wire in blanked -up outlets shall have the ends taped. 16120-1 I Section 16120 1, Wire And Cables 2. The Contractor for Contract Section III shall furnish and install the control cable from 1 the tank to the gatepost location at the end of the entrance road. The Contractor shall install the cable in the water line ditch as shown in the detail. The Contractor shall leave enough cable rolled up at gatepost for the splice to be made at the junction box. The Contractor for Contract Section III shall furnish and install the necessary junction box inside the tank. The cable shall be terminated on screw terminals at the junction box inside the tank The cable shall be tested with a high impedance ohmmeter before the cable is unrolled from the spool. Do not use a meaner. If the cable is defective on the spool, the whole spool will be rejected and sent back to the supplier for replacement. These test results shall be noted and a copy given to the project Engineers representative and the Owner. 3. After the cable has been installed, the trench backfilled, final cleanup, and seeding has been completed, the Contractor under Contract Section III shall test the installed cable with a high impedance ohmmeter. Should the cable be found to be defective, a new cable segment between the gate and the tank shall be furnished and installed by the Contractor under Contract Section III at no additional cost to the Owner. Test results shall be noted and a copy given to the project Engineers representative and the Owner. END OF SECTION 1 I 16120-2 Section 16140 Wiring Devices TECHNICAL SPECIFICATIONS WIRING DEVICES The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of wiring devices. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. Switches. Wall switches shall be 20 amperes, 125 volts AC, equal, with 302 stainless steel switch plates. Receptacles. Receptacles installed outdoors or in corrosive areas shall be 125 volt circuit convenience outlets, duplex, three wire, polarized, grounding type rated, 20 amperes, 125 volts, Hubbell No. 53CM62, or equal, with 302 stainless steel outlet plates. GFI Receptacles. Ground fault interrupter (GFI) receptacles shall be NEMA 5-20R configured and shall mount in a standard outlet box Units shall trip, at 5 milliamperes of ground current and shall comply with NEMA WD -1-1.1 and UL 943. GFI receptacles shall be capable of individual or "downstream" operation. EXECUTION Installation. Concealed conduit systems shall have flush mounted switch and convenience outlets. Exposed conduit systems shall have surface mounted switch and convenience outlets. Boxes and fittings in exposed conduit systems shall be PVC coated finished threaded malleable iron as required by the Plans, Appleton Type FS, or equal. For systems encased in poured concrete, the same type of boxes shall be used. Boxes and fittings in concealed systems, other than in concrete, shall be galvanized steel. Wall switches shall be mounted 4 feet 6 inches above the floor. Except as otherwise noted, convenience outlets within office areas shall be mounted 16 inches above the floor. However, within the pump stations and operations buildings, convenience outlets shall be mounted approximately 3 feet 6 inches above the floor. END OF SECTION I Section 16195 Electrical Identification I I A GENERAL TECHNICAL SPECIFICATIONS ELECTRICAL IDENTIFICATION The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the installation of electrical identification. The work shall include every item of construction necessary for a • complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS ,� 1. Nameplates. The nameplates shall be uniformly sized laminated plastic type. The lettering shall be block style upper case, a minimum of 1/4 inch high, and shall be engraved white letters on a black background. Warning type nameplates shall have engraved white letters on a red background. The lettering shall describe the function of the units where nameplates are to be installed. Nameplates shall be secured using cadmium plated steel or other corrosion resistant screws. 2. Card Labels. Lighting panels shall be supplied with a removable card that can be affixed to the inside of the door in the panel. The circuit information shall be typed 1 onto the card. Hand lettering will not be accepted. A dear plastic carrier shall protect the card. 3. Conductor Labels. Conductor and equipment identification tags shall be either imprinted plastic coated cloth marking materials such as manufactured by Brady or equal, heat shrinkable plastic tubing, or imprinted split sleeve markers cemented into place. C. EXECUTION 1. Installation. The completed electrical installation shall be provided with adequate identification to facilitate proper control of circuits and equipment and to reduce maintenance effort. The Contractor shall furnish and install nameplates on the associated motor control center starters, remote control switches, and safety disconnects as shown on the Plans in the equipment lists. The following is an example of a typical nameplate: • At any motor not shown with a safety disconnect, the Contractor shall provide a label to read as follows install directly on the motor. END OF SECTION 1• 16195-1 I I Section 16421 I I I I I I, I I I I I I I TECHNICAL SPECIFICATIONS SERVICE ENTRANCE BREAKER A. GENERAL Service Entrance Breaker The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for the installation of the service entrance breaker. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. B. MATERIALS 1. Circuit Breakers. Circuit breakers shall be Square D, or equal solid state trip units as specified on the Drawings. Interrupting rating shall be 30,000 RMS symmetrical amperes at 460 volts AC. All circuit breakers shall be constructed in accordance with UL Standard 489 and NEMA Standard AB1-1975 and shall meet the requirements of Federal Specification W-C-375B/GEN as Class 25a and IEC 157-1. The circuit breakers shall be rated for 100 percent continuous duty. An interchangeable rating plug shall determine the ampere rating. Breakers shall be sized as noted on the oneline Drawings. Breakers covered under this Specification shall be fixed -mounted construction. Circuit breakers shall be constructed using glass reinforced insulating material providing high dielectric strength. The circuit breaker shall have quick -make, quick -break contacts with an over -center operating mechanism. Current carrying components shall be isolated from the trip unit and field installed accessories. Breakers shall provide common tripping of all poles and shall be trip free. The integral trip unit shall be independent of any external power source and shall contain reliable electronic components to measure and time the output from internal current sensors and initiate tripping action. The circuit breaker shall be UL listed for reverse connection without requiring special construction. 2. Trip Functions. Breaker shall have a permanent trip unit containing individual thermal and magnetic trip elements in each pole. The thermal trip elements shall be calibrated for 40°C ambient temperature per UL 489. To insure uniform tripping characteristics the magnetic elements in the individual poles shall adjusted in common by a single control located on the front of the breaker cover. 3. Enclosure. The service entrance breaker shall be housed in a NEMA 4X Type 304 stainless steel enclosure. The enclosure shall be equipped with padlock provisions. C. EXECUTION The Contractor shall furnish and install the service entrance circuit breaker on the service pole as shown on the Plans. The breaker shall be sized as shown on the Plans. END OF SECTION 16421-1 I I Section 16470 1, 17 IA. GENERAL The work to be included under this section of the Specifications shall consist of providing all I. materials, labor, equipment, tools, supplies and incidentals necessary for the installation of circuit breaker panelboards. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. Circuit Breaker Panelboards TECHNICAL SPECIFICATIONS CIRCUIT BREAKER PANELBOARDS B. MATERIALS 1. Panelboards. Panelboards shall be flush, surface or motor control center mounted as shown on the Plans. Panelboards shall be dead front factory assembled. Panelboards shall comply with NEMA PB-1, UL, and Federal Specification W -P - 115A, Type 1, Class 1. Circuit breakers shall be group mounted. Circuit breaker • panelboards shall be rated 277/480 -volt for three-phase four -wire operation as shown on the Plans. Lighting panelboards shall be rated 120/240 -volt for single- phase three -wire operation as shown on the Plans. Interiors shall have solderless, anti -turn connectors and shall be constructed so that branch circuit breaker can be • replaced without disturbing adjacent units or resorting to field drilling and tapping. I. Bus bars and connecting drops shall be copper. Neutral bar shall be full-sized and shall have one terminal screw for each branch circuit; main bus bar shall be full- sized for entire length. Spaces shown shall have cross connections for the maximum sized device that can be fitted. Circuit breaker panelboards shall be Square "D" I -LINE Class 2110, or equal, and lighting panelboards shall be Square "D" Type QO Class 1130 or Type NQO Class 1610 circuit breaker load centers, or equal. 2. Cabinets. Cabinets for building panels shall be 20 -inches wide minimum, with flinches minimum side gutters and 5 -inches minimum top and bottom gutters. Panelboard trim shall be the same size as cabinet on surface -mounted panels and 3/4 -inch larger all around than cabinet of flush -mounted panels. Door trim shall have circuit directory pocket with protective clear plastic sheet. All trim and cabinets of surface -mounted panels in general purpose areas shall be phosphate treated, primed and finished with baked enamel, panels of flush mounted panels shall be finished to match surrounding wall color. Surface mounted cabinets and trim in wet and damp areas shall be NEMA 12 rated. Panelboards in corrosive areas shall be encased in fiberglass enclosures NEMA 4X rated. Provide control enclosures, under common panel trim, where shown. All panelboard doors shall be keyed alike. 3. Circuit Breakers. The number of circuit breakers and the ampere ratings shall be in accordance with panel schedules as shown on the Plans. The panelboard circuit breakers shall be group mounted and shall be Type QO with 2 -pole main breaker as required with 10,000 AIR, or Type FA with 14,000 AIR or KA with 22,000 AIR and branch circuit breakers, as manufactured by Square "D", or equal. 1 16470-1 I Section 16470 Circuit Breaker Panelboards 4. Ground Fault. Ground fault circuit breakers for circuits that supply convenience outlets located outdoors or within wash down areas indoors shall be provided. Handle lock -off devices for circuit breakers which act as motor disconnect switches and elsewhere shall be provided as shown in panel schedules. C. EXECUTION The panelboards shall be installed as shown on the Plans and in conformance with all local and National Electric Code requirements and as specified herein. END OF SECTION .. I 16470-2 Section 16515 Lighting Fixtures TECHNICAL SPECIFICATIONS LIGHTING FIXTURES Ii A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of lighting fixtures. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. • B. DEFINITIONS 1. Emeraency Lighting Unit. A fixture with integral emergency battery power supply and the means for controlling and charging the battery. They are also known as an emergency light set. Emergency units are available with integral lamps only. 2. Fixture. A complete lighting unit, exit sign, or emergency lighting unit. Fixtures include lamps and parts required for distributing the light, position and protecting lamps, and connecting lamps to the power supply. Internal battery powered exit signs and emergency lighting units also include a battery and the means for controlling and recharging the battery. Emergency lighting units are available with and without integral lamp heads and lamps. C. SUBMITTALS 1. Submittals. Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. Furnish product information describing fixtures, lamps, ballasts, and emergency lighting units. Arrange product data for fixtures in order of fixture designation. Include data on features and accessories and the following information: Furnish outline drawings of fixtures indicating dimensions and principal features. Furnish electrical ratings and photometric data with specified lamps and certified results of independent laboratory tests. Furnish maintenance information for products for inclusion in Operating and Maintenance Manual. Furnish coordination drawings for fixtures mounted on, in, or above the ceiling indicating coordination with ceiling grids and other equipment installed in the same space. D. QUALITY ASSURANCE 1. Quality Assurance. Comply with NFPA 70 "National Electrical Code" for Icomponents and installation. I 16515-I I 7 U Section 16515 Lighting Fixtures Provide fixtures and emergency lighting units that are listed and labeled for their indicated use on the Project. Provide fixtures for use in damp or wet locations, underwater, and recessed in combustible construction specifically listed and labeled for such use. E. WARRANTY 1. Warranht. Submit . a warranty, mutually executed by manufacturer and the Contractor, agreeing to replace rechargeable system batteries that fail in materials or workmanship within the standard project warranty period specified below. This warranty is in addition to, and not a limitation of, other rights and remedies the Owner may have under the Contract Documents. F. MATERIALS 1. General: Comply with the requirements specified in the Articles below and lighting fixture schedule shown on the Plans. 2. Relamping. Smooth operating and free from light leakage under operating conditions. Arrange to permit relamping without use of tools. Arrange doors, frames, lenses, diffusers, and other pieces to prevent accidental falling during relamping and when secured in the operating position. 3. Reflectance. Minimum reflectance as follows, except as otherwise indicated: a. White Surfaces: 85 percent. b. Specular Surfaces: 83 percent. c. Diffusing Specular Surfaces: 75 percent. d. Laminated Silver Metallized Film: 90 percent. 4. Suspended Fixture Support Components. Single -Stem Hangers: 112 -inch steel tubing with swivel ball fitting and ceiling canopy. Finish same as fixture. 5. Fluorescent Fixtures: Energy -Saving ballasts shall be the full -light -output type, compatible with energy -saving lamps. 6. Power Factor. The minimum power factor shall be 90 percent, when connected according to manufacturer's instructions to control system at 100 -percent output and operating standard 40 -watt rapid start lamps. 7. Exit Signs. Exit signs shall conform to UL 924, "Emergency Lighting and Power ,Equipment." The sign colors shall be.as shown on the Plans. Additional Lamps for DC Operation: 2 minimum, bayonet -base type, for connection to external dc source. The battery shall be sealed, maintenance -free, nickel cadmium type with the standard project warranty. 8. Emergency Lighting Units.' Emergency lighting units shall conform to UL 924, "Emergency Lighting and Power Equipment' requirements for "Unit Equipment." The contractor shall furnish and install self-contained units with the following features and additional characteristics as indicated. 16515-2 Ii JI II I Section 16515 Lighting Fixtures The battery shall be a sealed, maintenance -free, lead -add type with 10 -year I nominal life minimum, with the standard project warranty. The battery charger shall be a minimum two -rate, fully automatic, solid-state type, with sealed transfer relay. A relay shall automatically turn the lamps on when supply circuit voltage drops to 80 -percent of nominal or below. Lamps shall automatically disconnect from the battery when voltage approaches deep -discharge level. A relay shall disconnect the lamps and automatically recharge the battery and shall float on trickle charge when normal voltage is restored. Provide a time -delay relay in emergency lighting unit control circuit arranged to hold unit "on" for fixed interval after restoration of power from an outage. Provide adequate time delay to permit HID lamps to restrike and develop adequate output. 9. High -Intensity -Discharge (HID) Fixtures. Fixtures shall conform to UL 1572, "High -Intensity -Discharge Lighting Fixtures." Ballasts shall conform to UL 1029, "High -Intensity -Discharge Lamp Ballasts" and 1 ANSI C82.4, "Ballasts for High -Intensity -Discharge." Provide constant wattage autotransformer) or regulating high power factor type, unless otherwise indicated. The operating voltage shall be as shown on the Plans. The units shall have a minimum starting temperature of minus 30 degrees C. Ballasts shall be constructed so that open circuit operation will not reduce the average life. The units shall have quiet operation, with a noise rating of B or better. 10. Lamps. The fixture shall conform to ANSI Standards, C78 series applicable to each type of lamp. 11. Finish. Manufacturer's standard finish applied over corrosion -resistant primer, free of streaks, runs, stains, blisters, and defects. Remove fixtures showing evidence of corrosion during project warranty period and replace with new fixtures. Other parts of the fixture shall be the manufacturer's standard finish. G. EXECUTION 1. Installation. Setting and Securing: Set units plumb, square, and level with ceiling and walls, and secure according to manufacturer's printed instructions and approved shop drawings. 2. Support for Suspended Fixtures. Brace pendants and rods that are 4 -feet long or longer to limit swinging. Support stem mounted single -unit suspended fluorescent fixtures with twin -stem hangers. For continuous rows, use tubing or stem for wiring at one point and tubing or rod for suspension for each unit length of chassis, including one at each end. 3. Lam in . Lamp units according to manufacturers instructions. H. FIELD QUALITY CONTROLS 1. Inspect each installed fixture for damage. Replace damaged fixtures and components. Give advance notice of dates and times for field tests. Provide 16515-3 i Section 16515 Lighting Fixtures instruments to make and record test results. Verify normal operation of each fixture after fixtures have been installed and circuits have been energized with normal power source. a. Interrupt electrical energy to demonstrate proper operation of emergency lighting installation. Include the following in tests of emergency lighting equipment. b. Duration of emergency supply. c. Low battery voltage shutdown. d. Normal transfer to battery source and retransfer to normal. e. Low supply voltage transfer. f. Replace or repair malfunctioning fixtures and components, then retest. Repeat procedure until all units operate properly. I. ADJUSTING AND CLEANING 1. The contractor shall clean the fixtures upon completion of installation. Use methods and materials recommended by the manufacturer. 2. Adjust aimable fixtures to provide required light intensities. END OF SECTION 16515-4- iH 11 I• I I I :1 ' I I I I I I 1 1 Li I 1 I II I Section 16950 Instrumentation And Control TECHNICAL SPECIFICATIONS INSTRUMENTATION AND CONTROL A GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of the instrumentation and control devices at the Tank. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and as hereinafter specified. The Contractor should note that this section of the Specifications includes both items of instrumentation and items of control. The Contractor needs to coordinate with the electrical sub -contractor's bid to insure that all of the items required are furnished and that all of the required installation is provided. B. MATERIALS 1. General. All instruments and other components shall be the most recent field proven models marketed by their manufacturers at the time of the submittal of the shop drawings unless otherwise specified to match existing equipment. All outdoor instrumentation shall be suitable for operation in the ambient conditions at the equipment installation locations. Heating, cooling, and dehumidifying devices shall be incorporated with the outdoor instrumentation in order to maintain it within its rated environmental operating ranges. NEMA 4X rated corrosion resistant indoor enclosures shall be furnished. Analog measurements and control signals shall be electrical and shall vary in direct linear proportion to the variable being measured. All analog signals whether input or output control shall be 4-20 milliamperes DC unless otherwise noted. The analog input signals shall maintain loop integrity with the installation of a resistor across the input terminals. 2. Tank Level Transmitter. The electronic tank level transmitter shall be housed in a NEMA 4X enclosure. The electronic level transmitters shall be a single -chamber differential capacitance type and shall transmit a current signal proportional to level. The electronic level transmitters shall be Bailey/Fischer & Porter Type 50DP4100, Rosemount Type 1151 LTS, or equal. High and low level taps shall be connected to sealing diaphragms in the measuring section. The difference between these pressures shall determine the capacitance in the measuring element. The measuring element shall be plug -connected to the electronic transmitter. The meter body shall be of all welded construction. Adjustable damping of the body fill fluid shall be provided. Sealing diaphragms shall be 0.1 mm thick. Diaphragms and trim shall be of stainless steel. Flanges and adapters shall be of nickel -plated carbon steel. Positive over range protection shall be provided by precisely contoured back -plates for support of the diaphragms. Zero and span adjustment shall be made using push buttons and shall be non -interactive. All units shall be provided with field adjustable elevation and suppression capability. 16950-1 •I Section 16950 Instrumentation And Control The transmitter shall have a continuous span adjustment over a range of up to 10:1 with limits as specified. •The ranges of the transmitters shall be measured in feet and shall be as shown on the plans. Process temperature limits shall be -40 to +120 degrees C. Accuracy shall be ±0.2 percent of span. The transmitter section shall be a true two wire device with DC power being provided by the remote terminal units. The amplifier unit.shall be of modular plug-in design utilizing integrated circuitry. The transmitter output shall be 4 to 20 ma DC into 1,000 ohms, minimum. Internal test jacks shall be provided for measuring output. The transmitter base and cover shall be constructed of die cast aluminum with baked epoxy coating. The transmitter enclosures shall meet NEMA 6/IEC 529 IP67 requirements. The unit shall be FM approved explosion -proof for Class I, Groups B, C and D, Division 1 hazardous locations. The transmitters shall be suitable for 2 -inch pipe mounting, horizontal or vertical. The transmitters shall be supplied with a dual flange -type valve manifold to provide shutoff. The manifold shall have a pressure rating 6,000 psig, with body and bonnets constructed of carbon steel, valve stems and seats of stainless steel and packing and seals of TFE. 3. Backup Tank Levels Pressure Control Panel. Backup pressure control of the pumping operation shall be provided by a bellows type, adjustable differential pressure switch. The switch shall be complete with a single pole, double throw contact block with 5 amp non -inductive rated contacts at 240 volts AC. The set points of the on/off cycle shall be independently adjustable through the full range of the switch rating. The pressure switches shall be Allen-Bradley, or equal. Tank levels pressure control shall be 1-50 psi with an adjustable differential, 1-10 psi Nameplate shall be furnished on the panel. C. EXECUTION Installation. The Contractor shall utilize personnel who are skilled and experienced in the installation, connection, and calibration of all elements, instruments, accessories, and assemblies being furnished under the Contract. All of the elements, instruments, accessories, and assemblies shall be installed in accordance with the manufacturers installation instructions, and as detailed on the plans. Shielded instrumentation cables shall be used for all low-level signals from transmitters to the telemetry panels. Separate conduits shall be used for transmitter power and transmitter signal lines. Separate conduits shall be used for control power and contact signal lines. After the elements, instruments, accessories, and assemblies have been installed, the Contractor will be responsible for providing a manufacturer's representative to inspect and verify that all of the units have been installed and wired properly. The Contractor shall furnish and install the tank level transmitter specified above at the location shown on the Plans. The Contractor shall make the necessary signal connections with shielded instrumentation cable at the transmitter and pull the instrumentation cable to and connect the cable to the terminal box for the control cable that is being installed between the tank and the pump station. 16950-2 Section 16950 Instrumentation And Control The Contractor shall furnish and install the pressure switch specified above at the location shown on the Plans. The Contractor shall wire the pressure switch contacts to one of the pairs in the control cable that is being installed between the tank and the pump station. The Contractor shall furnish and install the pressure gauges at the locations shown on the Plans. The Contractor shall furnish and install all of the switches and wiring associated with the intrusion alarming system as shown on the Plans. These two switches shall be wired in parallel and connected with instrumentation cable to the terminal box for the control cable that is being installed between the tank and the pump station. The Contractor shall furnish and install all of the items of control specified above for a complete and properly functioning system. END OF SECTION 16950-3 Section 16995 Miscellaneous Electrical TECHNICAL SPECIFICATIONS MISCELLANEOUS ELECTRICAL A. GENERAL The Contractor shall furnish and install conduit, wire, lighting panels, heaters, thermostats, ventilators, motorized louver controls, solenoids, pump valve control, pressure switch controls, flow meter controls, light fixtures, switches, convenience outlets, and all other incidental materials necessary for a complete and acceptable project as specified herein and as shown on the Plans. END OF SECTION 16995-1 RESOLUTIONNO. A RESOLUTION ACCEPTING THE RECOMMENDATION OF McGOODWIN, WILLIAMS & YATES TO AWARD A CONTRACT TO PITT-DeMOINES, INC. IN THE AMOUNT OF $874,400 FOR THE CONSTRUCTION OF A 750,000 GALLON ELEVATED WATER TANK ON GULLY ROAD, PLUS A PROJECT CONTINGENCY AMOUNT OF $40,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council hereby accepts the recommendation of McGoodwin, Williams & Yates to award a contract to Pitt-DeMoines, Inc., in the amount of $874,400 for the construction of a 750,000 gallon elevated water tank on Gully Road, plus a project contingency amount of $40,000; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the bid tabulation and contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 21st day of July , 1998. APPROVED: ,I By: e/k Fred Hanna, Mayor ATTEST: By: Heather Woodruff, City lerk