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HomeMy WebLinkAbout132-98 RESOLUTION• RESOLUTION NO 132'98 A RESOLUTION AWARDING BID NO 98-66 TO BASIC CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $891,212, PLUS A CONTINGENCY AMOUNT OF $100,000, FOR THE WATER SYSTEM IMPROVEMENTS, PHASE II, SECTION 1:WATER LINE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1. The City Council hereby awards Bid No. 98-66 to Basic Construction Company, Inc , in the amount of $891,212, plus a contingency amount of $100,00, for Water System Improvements, Phase II, Section 1: Water Line; and authorizes the Mayor and City Clerk to execute a contract for said amount. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. ASSED AND APPROVED this day of October , 1998. s,11,Y , APPROVE ItY. 4161 ty a�Z� obi, te By aim �`'y.,;,l.y =t F ed Hanna, Mayor :.r . .1-.•. Ar?TESL ,,i,,; .> By./%/‘Smw Q Heather Woodruff, Ci gir 32- CONTRACT EXHIBIT Ofp7NER SPECIFICATIONS AND CONTRACT D,OCU�MENTS WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area Contract Section I Water Line For the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-268 February, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01998 McGoocN+ln, Williams and Yates ADDENDUM NO. 2 Water System Improvements Phase I1 - Highway 45 East Area CONTRACT SECTION I WATER LINE For the City of Fayetteville, Arkansas Pians 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 5 - Bid Page 5-4, Item No. 7, Estimated Quantity, has been changed to 9. Insert the enclosed revised page 5-4 over the existing page 504 by taping or stapling. Section 01025 - Methods of Measurement and Payment Page 01025-3 - Bid Item 15 - Tie -In to Existing 36" Water Line On the fourth line, after the word complete, insert the following: ...including furnishing and installing 36 Inch, Class 50, Gaged Ductile Iron pipe, as may be required, ... Section 02598 - PVC Water Line Page 02598-1 B.1. Change 18 Inch C905/DR14 200 psi - to C905/DR18 235 psi Change 16 Inch C905/DR14 200 psi - to C905/DR18 235 psi PLANS Sheet C-1 Sta. 0+00 - Add 36 Inch solid sleeve and note to traddle 36 Inch pipe and fittings with concrete to 20% of pipe diameter." Sta. 0+00 to 1+00 - Contact property owner Park and Patricia Waldroup at least one (1) week prior to construction to allow adequate time to remove small trees from easement. (Phone 444-9571 - Home; 927-7518 - Work) Sta. 0+50 to 8+00 - Contact property owner Daniel and Anita Capstick at least one (1) week prior to construction to allow for time to remove zoysia sod. (Phone 839-3468) Plans (Cont'd.) Sta. ± 8+50 - The 30 Inch steel encasement length should be 60 feet, not 30 feet as shown. Sta. 12+00 to 22+00 - Provide owners additional seed for their use (property owner plans to reseed if first seeding does not yield grass cover.) Driveway may be closed for a period of not more than four (4) hours. Contractor shall advise Owner eight (8) hours prior to closing of driveway. Sheet C-4 Add 18 Inch butterfly valve at Sta. 86+12. GENERAL Acknowledge receipt of Addendum No. 2 in the space provided on page 5-1 of the Bid. r August 28, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 2 1 Item Estimated Total I No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 7. 9 Each, 18" Butterfly Valves, installed with I accessories, complete in place dollars ( 1/Each $ 1 8. 5 Each, 16" Butterfly Valves, installed with accessories, complete in place 1 dollars ( )/Each 9. 3 Each, 12" Butterfly Valves, installed with 1 accessories, complete in place dollars ( 1/Each ■ 10. 4 Each, 6" Gate Valves, installed with accessories, complete in place 1 dollars ( )/Each I 11. 20 Each, Fire Hydrant Assemblies, including auxiliary valve, for a complete installation 1 dollars ( )/Each 12. 100 Cubic Yards, Crushed Stone Pipe Bedding I Material for Undercut, complete in place dollars ( )/C.Y. 1 13. 400 Linear Feet, Crossings for Paved Street (Concrete or Asphalt), Driveway or Parking Lots, including trench backfill and surface repair, complete in place I dollars ( )/L.F. 14. 700 Linear Feet, Crossings for Unpaved Street, Driveway or Parking Lots, including trench I backfill, compaction and surface repair, complete in place 1 dollars ( )/L.F 1 Addendum No. 1 5-4 1 ADDENDUM ND. 1 ' Water System Improvements Phase II - Highway 45 East Area CONTRACT SECTION I WATER LINE For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February, 1998 1 The Specifications and Contract Documents and the Plans for the above project are hereby changed or clarified in the following particulars: 1 SPECIFICATIONS Section 5 - Bid 1 Add new Bid Items 32, 33, 34 and 35 (control and pressure reducing valves) to the Bid. [These Bid Items have been incorporated into the Bid.] 1 Section 01025 - Methods of Measurement and Payment Add new paragraph for payment of Bid Items 32-35 (control and pressure reducing valves) to page 01025-6. [This paragraph has been incorporated into the Specifications on page 01025-6.] 1 Section 02640 - Control and Pressure Reducing Valves Add new Section 02640 (enclosed) to these Specifications and Contract 1 Documents. [This section of the Specifications has been incorporated into the Specifications in the proper sequence.] PLANS Sheet C-8 Add Sheet C-8 detailing pressure reducing valves. [Sheet C-8 has been incorporated into the Plans.] GENERAL Acknowledge receipt of Addendum No. 1 in the space provided on page 5-1 of the Bid. 1 August 7, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Phone (501)443-3404 FAX (501)443-43401 SPECIFICATIONS AND CONTRACT DOCUMENTS WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area Contract Section Water Line For the City of FAYETTEVILLE, ARKANSAS Plans No. Fy-268 February, 1998 McGoodwin, Williams and Yates, Inc. Consulting Engineers Fayetteville, Arkansas 01998 McGoodwln, Williams and Yates 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 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 DIVISION 1 - GENERAL REQUIREMENTS 01000 PROJECT REQUIREMENTS 01025 METHODS OF MEASUREMENT AND PAYMENT 01341 USE OF EXPLOSIVES 01335 SUBMITTALS 01535 VIDEO TAPE RECORDINGS OF SURFACE CONDITIONS 01620 STORAGE AND HANDLING OF MATERIALS 01660 TESTING DIVISION 2 - SITEWORK 02110 CLEARING RIGHTS OF WAY, CUTTING AND REPAIRING FENCES 02113 SURFACE REMOVAL 02221 PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL 02454 WATER LINES AT STREAM AND CREEK CROSSINGS 02461 AGGREGATE BASE COURSE, CLASS 7 02499 DRIVING SURFACE REPAIR 1 02510 STREET AND COUNTY ROAD CROSSINGS 02565 DUCTILE IRON PIPE AND FITTINGS FOR WATER LINES 1 02566 POLYETHYLENE ENCASEMENT 02567 PIPE CULVERTS I 02598 02639 PVC PIPE AND FITTINGS FOR WATER LINES FIRE HYDRANTS 02640 CONTROL VALVES I 02641 WATER SERVICE RECONNECTION 02642 GATE VALVES AND BUTTERFLY VALVES 02643 FLUSHING, HYDROSTATIC TESTING, DISINFECTION 1 AND DYNAMIC TESTING OF WATER LINES 02920 PIPELINE CLEANUP AND SEEDING 1 DIVISION 3 - CONCRETE 1 03305 CONCRETE IDIVISION 16 - ELECTRICAL ' 16120 WIRE AND CABLES 1 1 1 1 1 1 1 1 1 II 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 1.30 p m. on Tuesday, September 1, 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 I: Water Line [City of Fayetteville Bid No. 98-66]. At this time the bids received will be publicly opened and read aloud in Room 326 of City Hall. The work generally consists of: Approximately 8,700 linear feet of 18 inch, 3,500 linear feet of 16 inch, and 3,600 linear feet of 12 inch ductile iron or C900 and C905 PVC water line pipe (Contractor's option), together with appurtenances, including 13,000 linear feet of street overlay, and all other necessary appurtenances 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 not be removed from the remainder of the Specifications and Contract Documents. All bids shall be sealed and the envelopes addressed to the City of Fayetteville, Purchasing Office, City Hall, 113 West Mountain Street, Fayetteville, Arkansas 72701. All bids shall be plainly marked on the outside of the envelope specifying that it is a bid for Water System Improvements; Phase II - Highway 45 East Area; Contract Section I: Water Line [City of Fayetteville Bid No. 98-66], 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. Attention is called to the fact that the minimum prevailing wage rates for each craft or type of worker and the prevailing wage rate for overtime work as determined by the 1-1 Arkansas Department of Labor shall be paid. 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 9th day of August 1-2 , 1998. /s/ Peggy Vice Peggy Vice, Purchasing Officer Instructions to Bidders INSTRUCTIONS TO BIDDERS 1. DEFINED TERMS. Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910-8) (1990 Edition) have the meanings assigned to them in the General Conditions. Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof. 1.1 "Bidder means one who submits a Bid directly to Owner, as distinct from a sub - bidder, who submits a bid to a Bidder. 1.2 "Issuing Office" means the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered 1.3 "Successful Bidder" means the lowest, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 1.4 "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, the Bid Form, and the proposed Specifications and Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the amount, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Engineer upon request. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. QUALIFICATIONS OF BIDDERS. To demonstrate qualifications to perform the Work, each Bidder must submit with his Bid detailed written evidence such as financial data, previous experience, present commitments, and other such data as may be called for below (or in the Supplementary Instructions). Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract. 2-1 Instructions to Bidders 1 1 STATEMENT OF BIDDER'S QUALIFICATIONS 1 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 • 1) Name of Bidder. 2) Permanent main office address. 3) , When organized. 4) If a corporation, where incorporated. 1 1 • 5) Howmany years have you been engaged in the contracting business under your 1 present firm or trade name? Contracts on hand. (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) - 1 7) General character of work performed by your company. 8) .Have you ever failed to complete any work awarded to you? 9) Have you ever defaulted ona contract? If so, where and why? 1 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. 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, 1 including the officers. 14) Credit available: $ 1 15) .Give bank reference: 16) Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? Dated at this day of ,19 2-2 1 1 1 1 Name of Organization: State of County of .. • -'ti- Instructions to Bidders By Title being duly sworn 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 19 day of Notary Public My commission expires (Seal) 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 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. 4.2.2 those drawings of physical conditions in or relating to existing surface and subsurface conditions (except Underground Facilities) which are at or contiguous to the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in paragraph 4.2 of the General Conditions has been identified and established in paragraph SC -4.2 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.3 Information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data. furnished to Owner and Engineer by owners of such Underground Facilities or others, and Owner and Engineer do not assume responsibility for the accuracy or completeness. thereof unless it is expressly provided otherwise in the 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 precautionsand 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 deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests and studies. 4.7 Reference is made to the Supplementary Conditions for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work. 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated or expressly required by the Contract Documents, the Bidder has given Engineer written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Engineer is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.9 The provisions of 4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by paragraph 4.5 of the General Conditions. 5. AVAILABILITY OF LANDS FOR WORK. ETC. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 6. INTERPRETATIONS AND ADDENDA 6.1 All questions about the meaning or intent of the Bidding Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect 6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 2-5 Instructions to. Bidders BID SECURITY 7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of paragraph 5.1 of the General Conditions. 7.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement, furnished the required contract security andmet 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 maybe supplemented in the General Requirements. 11. SUBCONTRACTORS, SUPPLIERS AND OTHERS. The Contractor shall not assignor sublet all or any part of this Contract without the prior written approval of the- Owner heOwner 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 12. BID FORM • Instructions to Bidders 12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 12.2 All blanks on the Bid Form must be completed in ink or by typewriter. 12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 12.5 All names must be typed or printed below the signature 12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form), 12.7 The address and telephone number for communications regarding the Bid must be shown. 12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with paragraph 3 above. State contractor license number must also be shown. 13. SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. THE BID FORM SHALL NOT BE REMOVED FROM THE SPECIFICATIONS AND CONTRACT DOCUMENTS. 14. MODIFICATION AND WITHDRAWAL OF BIDS 14.1 Bids 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 fads 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. 2-8 Instructions to Bidders •1j . . I 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. 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 LICENSING LAW. Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of 1965, the "Arkansas State Licensing Law for Contractors." Bidders who submit Bids in excess of $20,000 must submit evidence of their having a contractor's license before their bids will be considered, and shall note their license number on the outside of their Bid. 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 an worked of all workmen employed by them, and th • each of the workmen, which record shall be open to the inspection of the Department of Labor or the • agents. d occupation and hours e actual wages paid to at all reasonable hours Owner, its officers and 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. 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 I 1.. I I I I Mike Huckabee Governor I I ! Richard Cantrell McGoodwin, Williams and Yates, Inc. 909 Rolling Hills Drive Fayetteville, AR 72703 STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK, ARKANSAS 72205-2190 (501) 682-4500 • FAX: (501) 682-4535 • TOO: (800) 285-1131 July 22, 1998 Re: Water System Improvements, Phase II - Hwy. 45 East Area Contract Section I - Water Line Fayetteville, Arkansas; Washington County Dear Mr. Cantrell: James L. Salkeld Director In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 98-053 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. If the work is subject to the Arkansas Prevailing Wage Law, every specification shall include minimum prevailing wage rates for each craft or type of worker as determined by the Arkansas Department of Labor Ark. Code Ann. §§22-9-308(b)(2). Also, the public body awarding the contract shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages shall be paid to all workers performing work under the contract. Ark. Code Ann. §22-9-308(c). Additionally, the scale of wages shall be posted by the contractor in a prominent and easily accessible place at the work site. Ark. Code Ann. §22-9-309(a). I Also enclosed is a "Statement of Intent to Pay Prevailing Wages" form that should be put in your specifications along with the wage determination. The General/Prime Contractor is responsible for getting this form filled out and returned to this office within 30 days of the Notice to Proceed for this project. Please noting me when you issue the Notice to Proceed for this nroiect �' If you have any questions, please call me at (501) 682-4536. Sincerely, y i Don Cash Prevailing Wage Investigator Enclosures 4-1 HI F Li I I I 11 I I I I Li I Page 1 of I ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE DATE: July 22, 1998 DETERMINATION #: 98-053 PROJECT: Water System Improvements COUNTY: Washington Phase II - Hwy. 45 East Area EXPIRATION DATE: 1-22-99 Contract Section I — Water Line SURVEY #: 798-AH05 Fayetteville, Arkansas CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker Laborer Pipelayer Truck Driver Power Equipment Operators: Backhoe, Rubber tired 1 yd. or less Bulldozer, Finish Bulldozer, Rough Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less Crane, Derrick, Dragline, Shovel & Backhoe, Over 1-1/2 yds. Front End Loader, Finish Front End Loader, Rough Mechanic Motor Patrol, Finish Motor Patrol, Rough Roller Scraper, Finish Scraper, Rough BASIC HOURLY FRINGE RATE BENEFITS 7.95 8.45 9.40 .72 12.00 .46 17.25 7.95 8.90 12.25 12.60 13.40 9.00 11.15 11.20 12.65 10.40 14.70 13.05 9.00 12.20 12.55 11.25 17 Welders —receive rate prescribed for craft performing operation to which welding is incidental. Certified July 1, 1998 CLASSIFICATIONS THAT ARE NOT LISTED, BUT THAT ARE GOING TO BE WORKING ON THIS PROJECT, SHOULD BE REQUESTED FROM THE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION. THESE WRITTEN REQUESTS SHOULD BE MADE AS SOON AS YOU NOTICE THAT A REQUIRED CLASSIFICATION IS MISSING, NORMALLY THIS WOULD BE DURING THE BID PROCESS. Li 4-2 I I � O 3 n ' � o � � y M y I a��o op o O c Z 0 U cd S a C C 1 Ct y y A 'W y C) C7 ' w3a" I yc Op ICI w •� a a a y d Cd 3sw O �A3° 1 w O U I LO tY/1 O L F N N () tC Z I- IOO Y Y i y W U 1 l Y OFy > Ct C Y C ) C T :. dU Y.rb td L Y r� O E r V 3ac�w3 �•3� O 1 O 0 y G w i o o H to a cnfl3 i u td U 4J W C O I e A U �i O rr LU C, 1< r�T> Qa 0 z N a N W � Q < �¢ ^CS� F N I I IBID ' WATER SYSTEM IMPROVEMENTS Phase II - Highway 45 East Area ' CONTRACT SECTION I WATER LINE For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February, 1998 I 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 August 7, 1998 1 August 28, 1998 2 1 and such addenda are attached to the Bid. 5-1 II I I I I n I I L I El I I I 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 I 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 of Bid ($_5% ). 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. 8,700 Linear Feet, 18" Dia Water Line Pipe ' (Ductile Iron or C905 PVC ontractor's option*), installed comp ete in place Thirty -Five and no/100----------- 35.00 304,500.00 no/lOGdollars( )/L.F. $ (Dollar Amount Written in Words) (In Figures) (Total in Figures)_ 2. 3,500 Linear Feet, 16" Diameter Water Line Pipe ' (Ductile Iron o C905 PVC Contractor's option*), installed compete in place I I I I I I Thirty -Three and no/100------------ dollars ( 33.00 M.F. 3. 3,600 Linear Feet, 12" Di eter Water Line Pipe (Ductile Iron o 900 P Contractor's option'), installed complete in place Twenty -Two and no/100-------------- -dollars( 22.00 )/L.F. 4. 300 Linear Feet, 6" Diameter Water Line Pipe (Ductile Iron or 00 PV Contractor's option*), installed compete in place Sixteen and no/100----------------- dollarS ( 16.00 )/L.F. 115,500.00 79,200.00 4,800.00 5. 9,000 Pounds, Compact Ductile Iron Fittings with Retainer Glands and Reaction Backing, complete in place Four and 80/100-------------------- dollars ( 4.80 )/Lbs. 43, 200.00 6. 2 Each, 36" Butterfly Valves, installed with accessories, complete in place 9,500.00 Nine Thousand Five Hundred and no/1c9OllarS ( / )/Each *Bidder shall circle the type of pipe being bid. 19,000.00 I 5-3 II 11 I If I I I I I I [I I 7 El Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 7. 9 Each, 18" Butterfly Valves, installed with accessories, complete in place p 2,800.00 Two Thousand Eight Hundred and no/100011ars ( / )/Each $ 25, 200.00 8. 5 Each, 16" Butterfly Valves, installed with accessories, complete in place 2,200.00 / -dollars (11, 000.00 Two Thousand Two Hundred and no/100-tjollars( / )/Each 9. 3 Each, 12" Butterfly Valves, installed with accessories, complete in place 1,200.00 One Thousand Two Hundred and no/100-dollars( / )/Each 3,600.00 10, 4 Each, 6" Gate Valves, installed with accessories, complete in place Five Hundred Twenty -Five and no/100dollars( 525.00)/Each 2,100.00 11. 20 Each, Fire Hydrant Assemblies, including auxiliary valve, for a complete installation 1,950.00 One Thousand Nine Hundred Fifty and dollars / )/Each 39,000.00 no /100 12. 100 Cubic Yards, Crushed Stone Pipe Bedding Material for Undercut, complete in place Sixteen and no/100----------------- -dollars( 16'00)/C.Y. 1,600.00 13. 400 Linear Feet, Crossings for Paved Street (Concrete or Asphalt), Driveway or Parking Lots, including trench backfill and surface repair, complete in place Thirty -Five and no/100------------- dollars ( 35.00)/L.F, 14, 000.00 14. 700 Linear Feet, Crossings for Unpaved Street, Driveway or Parking Lots, including trench backfill, compaction and surface repair, complete in place Twenty -One and no/100--------------dollars( 21.00)/L.F. 14,700.00 IAddendum No. 1 5-4 I II II II I I Item Estimated No. Quantity Description of Item and Unit or Lump Sum Price Bid 15. 1 Each, Tie to Existing 36" Water Line, complete in place 12,000.00 Twelve Thousand and no/100--------- dollars ( / )/Each 16. 1 Each, Tie -In to Existing 6" Water Line, complete in place 1,000.00 One Thousand and no/100------------dollars ( / )/Each 17. 3 Each, Tie -In to Existing 4", 3" or 2" Water Line, 1 complete in place 1,100.00 One Thousand One Hundred and no/100 dollars ( / )/Each - 18. 5 Each, Water Meter Settings, complete in place U I I I I 1 I I Four Hundred Fifty and no/100------ dollars( 450.00)/Each 19. 40 Each, Reconnect Service to Existing Water Meters, complete in place Three Hundred and no/100----------- dollars ( 300. 00)/Each 20. 30 Each, Service Disconnect from Existing Water Line, complete in place One Hundred and no/100------------- dollars( 100.00)/Each Total Amount 12,000.00 1,000.00 3,300.00 2,250.00 12,000.00 3,000.00 21. 400 Linear Feet, Water Service Line, complete in place Eight and no/100------------------- dollars ( 8'00)/L.F. 3,200.00 22. 1,000 Linear Feet, Water Service Yard Line, complete in place Nine and no/100--------------------- dollarS ( 9. 00)/L F 9,000.00 23. 2,700 Tons, Hot -Mixed, Hot -Laid Asphalt Concrete, Class II, complete in place Thirty -Seven and no/100------------ dollarS ( 37. 00)/Ton 99, 900.00 I 5-5 I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 24. 40 Linear Feet, Nonreinforced Concrete Encasement, complete in place Twenty -Four and no/100--------- --ZfollarS ( 24.00 IIL F $ 960.00 ' 25. Lump Sum Old Wire Road Bore, 60 L.F. of 30" casing, and all accessories for a complete installation Fourteen Thousand and no/100---------------------dollars 14,000.00 26. 150 Linear Feet, 15" 16 -Gauge Zinc -Coated (Galvanized) Corrugated Steel Pipe Culverts, complete in place Twenty -Three and no/100-=----------- dollars ( 23.00 )/L.F. 3,450.00 27. 250 Linear Feet, 18" 16 -Gauge Zinc -Coated (Galvanized) Corrugated Steel Pipe Culverts, complete in place Twenty -Five and no/100-------------- dollars ( 25.00 &F 6,250.00 ' 28. 50 Linear Feet, 24" 16 -Gauge Zinc -Coated (Galvanized) Corrugated Steel Pipe Culverts, ' complete in place -- Twenty -Nine and no/100---------- -dollars(29'0° 29' 00 )/L.F. 1,450.00 29. Lump Sum Direct Burial Control Cable, complete in place Seven Thousand and no/100------------------------dollars 7,000.00 ' 30. 55 Linear Feet, 20" Steel Casing in Open Trench, complete in place ' Ninety and no/100------------------- dollars ( 90.00 )/L.F. 4,950.00 ' 31. Lump Sum Trench or Safety Excavation System, as required by Act 291 of the 1993 Arkansas General Assembly H I I Two and no/100-----------------------------------dollars 32. Lump Sum Highway 45 Control Valves installation, complete in place Thirteen Thousand and no/100---------------------dollars 2.00 13,000.00 I 5-6 I I El I Item Estimated Total No. Quantity Description of Item and Unit or Lump Sum Price Bid Amount 33. Lump Sum Setter Street Pressure Reducing Valves installation, complete in place Six Thousand and no/100-------------------------dollars $ 6,000.00 I 34. Lump Sum Fox Hunter Road Pressure Reducing Valves installation, complete in place I I I Five Thousand Six Hundred and no/100------------dollars 35. Lump Sum Oakland/Zion Road Pressure Reducing Valy( installation, complete in place Five Thousand Five Hundred and no/100-----------dollars TOTAL BID......................................I I I I 11 I I 5. (continued) 5,600.00 5,500.00 891,212.00 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. 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 120 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 150 calendar days after the date when the Contract Times commence to run. I 5-7 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. 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 1st day of September , 19 98 Respectfully submitted, 1 Basic Construction Company, Inc. (Firm Name) /s/ Gary Combs I Attest: /s/ (Illegible) (Seal, if bid is by corporation.) Arkansas License No. 0043150299 I I I I I I I President Title Post Office Box 1208 Fayetteville, Arkansas 72702 (Business Address & Zip Code) I 5-8 I I I 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 ' 1. Bore I 2. 3. I 1 6. 7. Subcontractor Percent License of Total Number Contract Subcontractor's Name & Address 0033480499 1% Main Construction Fort Smith, Arkansas Note: Attach additional sheets if required. ! I ' NAMED EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder shall indicate below which Supplier the Bidder intends to use to furnish, under the Bid, each item of equipment or material listed on this form by writing in one of the named suppliers specified in the Technical Specifications for that equipment or material. (Proposed substitutes may be listed on the Proposed Substitute Equipment/Material Supplier List form but will only be considered after award of the Contract.) If no supplier is named in the Technical Specifications, the Bidder may list any supplier whose product meets all of the requirements and technical criteria specified. The listing of more than one supplier for each equipment/material to be furnished with the words 'and/or" will not be permitted. Failure to comply with this requirement will render the Bid nonresponsive and may cause its rejection. Equipment/Material Spec Section Supplier Pipe 02565, 02598 7 - M ' Fire Hydrants 02639 Mueller I 1 Pressure Reducing Valves 02640 Cla-Val I IGate Valves & Butterfly Valves 02642 I I I I Mueller & Pratt 5-10 PROPOSED SUBSTITUTE EQUIPMENT/MATERIAL SUPPLIER LIST: The Bidder proposes the following suppliers of substitute or "or equal" products identified below: Equipment Item or Material 1 2. 3, 4, 5. 6 7. 13 Specification Substitute Supplier Section (List Only One) Note: These suppliers will only be considered after award of the Contract. The procedure for the submittal of substitute or "or equal" products is specified in the General Requirements. 5-11 IAGREEMENT THIS AGREEMENT is dated as of the �¢ day of in theyear19 4Y by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and Basic Construction Company Inc. of Fayetteville. Arkansas (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 1I - Section I: Water Line, and all associated as set out in the Bid (City of Fayetteville and Specifications No. Fy-268, dated F required for a complete installation. IArticle 2. ENGINEER Highway 45 East Area; Contract items, which consists of all items Bid No. 98-66), and these Plans abruary, 1998, including all work 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 one hundred twenty (120) 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 one hundred fifty (150) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather -related events, such as rain, snow, and freezing temperatures which may affect the progress of the construction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. I 6-1 Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 ' May 8 June 8 July 5 August 6 September 6 October 6 November 6 December 9 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather -related events which may cause delays in the progress of the Work, and place a sufficient work force ' on the project to ensure completion of the Work within the Contract Times. 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed • within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner 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 ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being Eight Hundred Ninety -One Thousand Two Hundred Twelve and no/100-----------------($ 891,212.00 ), (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not 6-2 J 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 1 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 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: 6-3 I 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 1 (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 6.5 Contractor is aware of the general nature of Work to be performed by Owner and others at the site that relates to the Work as indicated in the Contract Documents. 1 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. 1 6-4 I I Article 7. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 Supplementary Conditions. 7.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 7.8 Drawings consisting of nine sheets. 7.9 Addenda numbers 1 to 2 inclusive. 7.10 Contractor's bid. 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. I Fj I II F 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 The Contractor and all Subcontractors shall pay not less than the minimum prevailing hourly wage rates as found by the Arkansas Department of Labor or as determined by the Court on appeal to all workmen performing work under the Contract. 6-5 F, 8.3 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. 8.4 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. 8.5 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. This Agreement will be effective on c,-74 / 9 % , 19�_ (which is the Effective Date of the Agreement). OWNER: CONTRACTOR: • City of Fayetteville, Arkansas Basic Construction Company, Inc. By /� e' ombs, Presien ,__ F ed Hanna, Mayor Y [Corporate Seal] [Corporate Seal] :r,li�. Attest Attest_______________oi.. .. � 1 H ather Inman Woodruf', Clerk Corporat Secretary Address for Giving Notices Address for Giving Notices 113 West Mountain•.Street Post Office Box 1208 Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72702 1 6-6 M a \ . . � v ,y <� Bond No. 400JZ3763 IPERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Basic Construction Company, Inc. a (2) corporation hereinafter called "Principal" and (3) St. Paul Guardian Insurance Company of St. Paul ,State of Minnesota ,hereinafter called the "Surety," are held and firmly bound unto (4) the City of Fayetteville, Arkansas , hereinafter called the "Owner," in the penal sum ofEight Hundred Ninety -One Thousand Two Hundred Twelve and no/100- dollars ($_891,212.00 ) in lawful money of the United States, for the payment ' of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that 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 11 - Highway 45 East Area; Contract Section is Water Line; 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 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. I 7-1 ' This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of 19 . Attest: '.• is • (Principqif Secretary • - Witness as to Principal Address Attest: ' (Surety) Secretary (Seal) Wittles as to Sun ' 1500 Riverfroi Little Rock, e Address INOTE: Date of bond must not be prior to date of contract. Drive Basic Construction Company, Inc. Principal Lcn. By C bs, President Post Office Box 1208 Fayetteville, Arkansas 72702 Address St. Paul Guardian Insurance Company Sure By % rney-in-Fact John , erety Re amen Insurance P. O. Box 3198 Little Rock, AR 72203 ' (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work is to be performed prior to the start of construction. 7-2 A I £O)' tL :f.. (en I Bond No. 400JZ3763 I I i PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we (1) Basic Construction Company, Inc. a (2) corporation hereinafter called "Principal" and (3) St. Paul Guardian Insurance Company of St. Paul ,State of Minnesota ,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 Ninety -One Thousand Two Hundred Twelve and no/100- dollars ($_891, 212.00 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that 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 I: Water Line; 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 shall be void, otherwise to remain in full force and effect. The Surety agrees the terms of this bond shall cover the payment by the Principal of not less than the prevailing hourly rate of wages as found by the Arkansas Department of Labor or as determined by the court on appeal to all workmen performing work under the contract. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying ' the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 1 7-3 1 I I I I I I I I I I PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. This bond is given in compliance with Act 351, Arkansas Acts of 1953, and Act 209, Arkansas Acts of 1957, the same appearing as Arkansas Statutes (1957), Section 51-635, Cumulative Supplement. IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed as original, this the day of , 19 . Attest: : -'1Prli Cip Secretary (Seal)., Witness as to Principal Address Attest: (Surety) Secretary Witn s as to Surety// 1500 Riverfron Drive Little Rock, A 72202 Address Basic Construction Company, Inc. Principal ey G C bs, President Post Office Box 1208 Favetteville, Arkansas 72702 Address St. Paul Guardian Insurance Company Address NOTE: Date of bond must not be prior to date of contract. (1) Correct name of Contractor. (2) A corporation, a partnership, or an individual, as the case may be. (3) Correct name of Surety. (4) Correct name of Owner. (5) If Contractor is a partnership, all partners should execute bond. (6) This bond must be filed with the Circuit Clerk of the county where the work Is to be performed prior to the start of construction. 7-4 S • P Dr. - , J , Cf. fSn. r ad9 a m r 1, i... TheStmul St PAUL GUARDIAN INSURANCE COMPANY CERTIFICATE OF Surety 385 Washington Street, St. Paul, Minnesota 55102 AUTHORITY NO. I I I I I I I I CERTIFIED For verification of the authenticity of this Power of Attorney, you may telephone toll free 1-800-421-3880 and ask for COPY NO. the Power of Attorney Clerk. Please refer to the Certificate of Authority No. and the named individual(s). GENERAL POWER OF ATTORNEY - CERTIFIED COPY G-15580 (Original on File at Home Office of Company. See Certification.) KNOW ALL MEN BY THESE PRESENTS: That St. Paul Guardian Insurance Company, a corporation organized and existing under the laws of the State of Minnesota, having its principal office in the City of St. Paul, Minnesota, does hereby constitute and appoint: Linda Frey, John Gerety, Carolyn A. Cory, Dianne Cowan, William E. Bussey, Jr., John M. Elliott, Allen J. McDowell, John D. Howard, individually, Little Ftck, Arkansas its true and lawful attorney(s)-in-fact to execute, seal and deliver for and oh its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, tale, regulation, contract or otherwise, NOT Tb EXCEL IN PENALTY THE SDM OF TEN MILLION DOLLARS ($10,000, 000) EACH and the execution of all such instrument(s) in pursuance of these present%, shall be as binding upon said SL Paul Guardian Insurance Company, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V, -Section 6(C), of the By -Laws adopted by the Shareholders of ST. PAUL GUARDIAN INSURANCE COMPANY at a meeting called and held on the 28th day of April, 1978, of which the following is a we transcript of said Section 6 (C): "The President or any Vice President, Assistant Vice President, Secretary or Service Center General Manager shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recogdvances, contracts of indemnity and other writings obligatory in the nature thereof, and (2) To appoint special Attorneys -in -fact, who are hereby authorized to certify to copies of any power -of -attorney issued in pursuance of this section and/or any of the By -Laws of the Company, and (3) To remove, at any time, any such Attorney -in -fact or Special Attorney -in -fact and revoke the authority given him." Further, this Power of Attorney is signed and scaled by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 23rd day of September, 1987, of which the following is a true excerpt: "Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." SAN•• I NgG IN TESTIMONY WHEREOF, SL Paul Guardian Insurance Company has caused this instrument to be signed and its corporate seal to O,• -, 9 be affixed by its authorized officer, this 30th day of November, A.D. 1990. 1 0 dtt4 i cif ST. PAUL GUARDIAN INSURANCE COMPANY ms n SEAL /J •'•••.a t, it/ STATE OF NEW JERSEY 1j r 1S f,N County of Somerset J ss. KENNETH J. RYAN, Secretary On this 1st day of Ann 1 , 19 98 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly swom-'sard t1rat he/she is the therein described and authorized officer of SL Paul Guardian Insurance Company; that the seat affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his/her signature were duly affixed by order of the Board of Directors of said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the township of Bedminster, New Jersey, the i,suer day and year first above written. rNOnar % i s•� ,INNx: w LINDA SIvtEl' , Notary Public, Middlesex, NJ My Commission Expires December 16, 2001 CERTIFICATION 1, the undersigned officer of St. Paul Guardian Insurance Company, do hereby certify that i have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID, COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is tow in full force and effect. IN TESTIMONY WHEREOF.! have hereunto set my hand this cr•.x+ day of ,19_____ HAEL ERSON. Secretary i Only a cer ified copy of Power of Attorney bearing the Certificate of Authority Na printed in red on the upper right comer is binding. Photocopies, carbon copies or other reproductions of this document are invalid and not binding upon the Company. ANY INSTRUMENT ISSUED IN EXCESS OF THE PENALTY AMOUNT STATED ABOVE IS TOTALLY VOID AND WITHOUT ANY VALIDITY. 99116 Rev. 12-96 Printed in U.S.A. A AA&0 Vv�ruY M1nl IMa 'LH UA lain lcsal wuacyucnccs: wnsuuauun wun an attorney is encouragea with resoect to its comnletion or mndificatinn STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By 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 9("/c °)t Contractors of America .1 • © 1990 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 I5th 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 TABLE OF CONTENTS OF GENERAL CONDITIONS IArticle or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number I. DEFINITIONS...................................13 2.5-2.7 Before Starting Construction; 1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to 1.2 Agreement 13 Report: Preliminary Schedules; 1.3 Application for Payment .............. 13 Delivery of Certificates of I1.4 Asbestos ............................. 13 Insurance .......................... 15 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 1.8 Bonds................................13 3. CONTRACT DOCUMENTS: INTENT, 1.9 change Order 13 AMENDING, REUSE ............................ 16 1.10 Contract Documents .................. 13 3.1-3.2 Intent................................16 1.11 Contract Price ........................ 13 3.3 Referenceto Standards and 1.12 Contract Times ....................... 13 Specifications of Technical Societies; 1.13 CONTRACTOR .................... 13 Reporting and Resolving .. 1.14 defective ............................. 13 Discrepancies ...................... 16 .. 1.15 Drawings .............................13 3.4 Intent ofCertain Terms or Ad �ectives 17 1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents ....... 17 1.17 ENGINEER .........13 3.6 Supplementing Contract Documents ... 17 1.18 ENGINEER's Consultant ............. 13 3.7 Reuse of Documents .................. 17 1.19 Field Order ........................... 13 4. AVAILABILITY OF LANDS; SUBSURFACE AND 1.20 General Requirements ................ 14 PHYSICALCONDITIONS;REFERENCEPOINTS. 17 1.21 Hazardous Waste ............. 0....... 14 4.1 Availability of Lands .................. 17 1.22 Laws and Regulations; Laws or 4.2 Subsurface and Physical Conditions ... 17 I Regulations ........................ 14 4.2.1 Reports and Drawings ................ 17 1.23 Liens.................................14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone .............................14 Authorized; Technical Data ......... 18 1.25 Notice of Award ......................14 4.2.3 Notice of Differing Subsurface or 1.26 Notice to Proceed .................... 14 Physical Conditions ................. IS 1.27 OWNER ............4 ................ 14 4.2.4 ENGINEER's Review ................ 18 1.28 Partial Utilization ...0.......4......... 14 4.2.5 Possible Contract Documents Change . 18 1.29 PCBs..............4.......0.......... 14 4.2.6 Possible Price and Times Adjustments . I8 1.30 Petroleum ............................ 14 4.3 Physical Conditions —Underground 1.31 Project ............................... 14 Facilities ........ 1.32 Radioactive Material ......... 18 14 4.3.1 Shown or Indicated ...................IS 1.33 Resident Project Representative .......14- �_ 1.34 Samples ...... 4.3.2 Not Shown or Indicated .............. 19 ...... .................. 14 4.4 ReferencePoints nts ...................... 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 Su lemen 5. BONDS AND INSURANCE ..................... 20 pp tary Conditions ............ 14 5.1-5.2 Performance, Payment and Other Bonds . 20 I 1.40 Supplier .............................. 14 5.3 Licensed Sureties and Insurers; 1.41 Underground Facilities ................14 Certificates of Insurance ............ 20 1.42 Unit ..ce.. Work ...................... 14 5.4 CONTRACTOR's Liability Insurance . 20 1.43 Work .hang . irect ve ............... 15 5.5 OWNER's Liability Insurance ........ 21 1.44 Work Change Directive ............... 15 1.45 Written Amendment 15 5.6 Property Insurance ......... .... 21 5.7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS ......................IS Property Insurance ................. 21 2.1 Deliveryof Bonds .....; ; ; ; 0 ; ......:.. 15 5.8 Noticeof Cancellation Provisions ..... 21 2.2 Copies of Documents .. 15 5.9 CONTRACTOR's Responsibility for 2.3 Commencement of Contract Times; Deductible Amounts ................ 22 Notice to Proceed ..................IS 5.10 Other Special Insurance ............... 22 2.4 Starting the Work ..................... IS 5.11 Waiver of Rights ...................... 22 F I Article or Paragraph - Page Number & Title Number 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... . 22 5.14 Acceptance of Bonds and Insurance; Option to Replace 22 5.15 Partial Utilization —Property Insurance .......................... 23 • 6. CONTRACTOR'S RESPONSIBILITIES 6:1-6.2 .......... Supervision and Superintendence• ...... 6.3-6.5 Labor, Materials and Equipment ...... 6.6 Progress Schedule .................... 6.7 Substitutes and "Or -Equal" Items; • CONTRACTOR's Expense; Substitute Construction Methods or Procedures; ENGINEER's Evaluation 6.8-6.11• .......... Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 6.12 Patent Fees and Royalties ............ 6.13 Permits 6.14 .....................4......... Laws and Regulations ................ 6.15 Taxes ................................. 6.16 Use of Premises 6:17 ...................... Site Cleanliness 6.18 ....................... Safe Structural Loading .............. 6.19 Record Documents 6.20 . .................... Safety and Protection .. 6.21 ...... SafetyRepresentative .................. 6.22 Hazard Communication Programs ..... 6.23 Emergencies .......................... 6.24 Shop Drawings and Samples . 6.25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents 6.28 ................ Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals ............. 6.29 Continuing the Work .................. • 6.30 CONTRACTOR's General _ Warranty and Guarantee 6.31-6.33 ............ Indemnification 6.34 ................... Survival of Obligations ..............:. 23 23 23 23 24 25 •25 25 •25 26 26 26 26 26 26 27 27 27 PA 27 27 27 28 7. OTHER WORK .................................. 29 7.1-7.3 Related Work at Site .................. 29 7.4 Coordination 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor . ....... 29 8.2 Replacement of ENGINEER ..........29 8.3 - Furnish Data and Pay Promptly When Due................................ 29 8.4 . Lands and Easements; Reports and - Tests............. .:................ 29 8.5 Insurance ............................. 29 Article or Paragraph - Page Number & Title Number 8.6 Change Orders 29 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend Work; Terminate CONTRACTOR's Services 8.9 ......... Limitations on OWNER's Responsibilities .................... 8.10 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material 8.11 ..... Evidence of Financial Arrangements .. 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 .. ... ..... ................ ..... OWNER's Representative• ............ 9.2 Visits to Site 9.3 .......................... Project Representative ................ 9.4 Clarifications and Interpretations ...... 9.5 Authorized Variations in Work 9.6 ........ Rejecting Defective Work ............. 9.7-9.9 Shop Drawings, Change Orders and Payments .......................... 9.10 Determinations for Unit Prices 9.11-9.12 ........ Decisions on Disputes; ENGINEER as Initial Interpreter ................... 9.13 - Limitations on ENGINEER's Authority and Responsibilities ...... 10. CHANGES IN THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 10.3 Work Not Required by Contract Documents ......................... 10.4 Change Orders 10.5 Notification of Surety ................. 1I. CHANGE 11.1-11.3 OF CONTRACT PRICE .............. Contract Price; Claim for Adjustment; - 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 ...................... 12. CHANGE OF CONTRACT TIMES ............... 12.1 Claim for Adjustment ................. 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR's . Control............................ 12.4 Delays Beyond OWNER's and CONTRACTOR's Control .......... 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK...............................:.......... 131 Notice of Defects ..................... 13.2 Access to the Work :.................. 13.3 Tests and Inspections; Contractor's Cooperation .................... . 29 �` 30 30 30. 30 30 30 30 30 30 30 31 a 31 31 �„ 31 32 32 32 32 t, 32 �. 32 32 33 34 34 34 35 35 35 35 35 35 35 36 36 36 36 •. jE 1 2 L Article or Paragraph Page Article or Paragraph Page Number & Title Number Number & Title Number 13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 40 Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 40 13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40 13.6-13.7 CoveringWork Prior to Inspection, 15. SUSPENSION OF WORK AND Testing or Approval ................ 36 TERMINATION 40 * 13.8.13.9 Uncovering Work at ENGINEER'S R May• uspend or .......... 36 15.1 OWNER May Suspend Work ......... 40 Request .................. 15.2-15.4 OWNER May Terminate .............. 40 13.10 OWNER May Stop the Work ... 36 15.5 CONTRACTOR May Stop Work or 13.11 Correction or Removal of Defective Work ......... 37 Terminate .......................... 41 ...................... 13.12Correction Period ..................... 16. DISPUTE RESOLUTION 41 13.13 Acceptance of Defective Work ........ 37 ...................••• 13.14 OWNER May Correct Defective Work ............................... 37 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 I4. PAYMENTS TO CONTRACTOR AND 17.3 Notice of Claim ....................... 42 COMPLETION 37 17.4 Cumulative Remedies ................. 42 14.1 Schedule of Values .................... 37 17.5 Professional Fees and 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 -Al 14.10 Partial Utilization ..................... 39 16.7 Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 I I 11 l I 11 11 I Li 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.................a................... 4.1 site, related work ........................ cc/olic. :.................:...a....a...... .....7.2 13.2, 13.14, 14.9 Acts or Omissions—, Acts and Omissions — CONTRACTOR ............................ 6.9.1, 9.133 ENGINEER................................6.20, 9.13.3 OWNER....................................... 6.20, 8.9 Addenda--0efinition of (also see definition of Specifications) ........... (I.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 intentto• ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment — definition of .......................................... 1.3 ENGINEER'S Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general........................2.8, 2.9, 5.6.4, 9.10, 15.5 progress. payment ............................... 14.1, 14.7 review of......................................14.4-14.7 Arbitration (Optional) ................. ............. 16.1-16.6 Asbestos- -. claims pursuant thereto ....................... 4.5.2,4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of ............................................1.4 1.4 OWNER responsibility for .................... 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-4efined .............. . .. 1.25 Before Starting Construction•. ...................... . 2.5-2.8 Bid —definition of ...................:.................. 1.5 (II, 1.10. 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) • . _ 4. Article or Paragraph �Number Bidding Documentsefinition of ............ .. 1.66 (6 (6.8.8.2)) Bidding Requirements —definitions of ...... 1.7 (1.1, 4.2.6.2) Bonds — acceptance of ....................................... 5.14 additional bonds ....................... 10.5, 11.4.5.9 Cost of the Work .................................. .. 11.5.4 definition of ........................................... 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 perfommance, Payment and Other .................51-5.2 Bonds and Insurance —in general ......................... 5 Builder's risk "all risk" policy form ................... 5.6.2 Cancellation Provisions, Insurance ........ 5.4.11., 5.8, 5.15 Cash Allowances ...................................... 11.8 Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................9.13.4. 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, ....................................... 5.14, 9.13.4, 14.12 - Change in Contract Price — Cash Allowances ...................................11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5. I5, 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 ...............................I I.6 Cost of the Work general.....................0.............:..11.7 Exclusions to ....................................... I1.5 Cost Records........................................13.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, I1 Lump Sum Pricing................4............... 11.3.2 Notification of Surety ............................... 10.5 Scope of........................................103104 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work....................................11.9 Value of Work ...................................... 11.3 Change in Contract Times — Claim for times adjustment .... ...4.I,4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14, 14.7, 15.1, 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR,s con- trol......................a..................:...... 12.4 Notification of surety ............................... 10.5 Scope of change ...............................103-104 Change Orders— Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ..........:.......................... 11.8 Change of Contmct Price ii ............................. Change of Contract Times ....................... 12 Changes in the Work ....................................10 ...... CONTRACTOR's fee .................... 11.6 Cost of the Work............:....a...........:.. .....:..... 11.4-11.7 I I. I Cost Records ..:.................................... II.7 general .................................... 6.2, 6.9.2, 8.1 1 definition of .......................................... 1.9 Hazard Communication Programs ................... 6.22 emergencies ........................................ 6.23 Completion— ENGINEER's responsibility ......... 9.8, 10.4, 11.2, 12.1 Final Application for Payment ...................... 14.12 execution of ........................................ 10.4 Final Inspection ................................... 14.11 Indemnification ..................... 6.12, 6.16, 6.31, 6.33 Final Payment and Acceptance ............... 14.13-14.14 Insurance, Bonds and ................... 5.10, 5.13, 10.5 Partial Utilization..................................14.10 OWNER may terminate ........................ 15.2-15.4 Substantial Completion ................... 1.38, 14.8-14.9 OWNER's Responsibility 86, 10.4 Waiver of Claims ........................ 14.15 Physical Conditions— Computation of Times .............. 17.2.1-17.2.2 Subsurface and, .......................... 4.2 Concerning Subcontractors, Underground Facilities ........................... 4.3.2 Suppliers and Others ............................ 6.8-6.1 I Record Documents ................................. 6.19 Conferences — Scope of Change ............................... 10.3-10.4 initially acceptable schedules ......................... 2.9 Substitutes ................................... 6.7.3, 6.8.2 preconstruction...................................... 2.8 Unit Price Work .................................... 11.9 Conflict, Error, Ambiguity, Discrepancy — value of Work, covered by .......................... 11.3 CONTRACTOR to Report ..................... 2.5, 3.3.2 Changes in the Work .................................... 10 Construction, beforestarting by CONTRACTOR .... 2.5-2.7 Notification of surety ............................... 10.5 Construction Machinery, Equipment, etc................ 6.4 OWNER's and CONTRACTOR's responsibilities .... 10.4 Continuing the Work :: . ::.. :.... ::::::: . :.' ;6.29, 10.4 Right to an adjustment .. .. 10.2 Contract Documents — Scope of change ...............................10.3-10.4 Amending .. .. 3.5 Claims— Bonds...............................................5.1 1 against CONTRACTOR ..............6.16 Cash Allowances ............ ....................... 11.8 against ENGINEER .. ... 6.32 Change of Contract Price .. .. I I against OWNER .................................... 6.32 Change of Contract Times ... ...... .. 12 Change of Contract Price ....................... 9.4, 11.2 Changes in the Work ........................... 10.4-10.5 Change of Contract Times ...................... 9.4, 12.1 check and verify.....................................2.5 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, I I.2, 11.9, Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9.11 12.1, 14.8, 15.1, 15.5, 17.3 definition of ........................................ 1.10 CONTRACTOR's Fee .............................. 11.6 ENGINEER as initial interpreter of ................. 9.11 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 ENGINEER as OWNER's representative ...........19.1 Cost of the Work .............................. 11.4, 11.5 general..................................3 Decisions on Disputes ......................... 9.11, 9.12 Insurance ............................................ 5.3 Dispute Resolution..................................16.1 Intent ............................................3.1-3.4 Dispute Resolution Agreement .................. 16.1-16.6 minor variations in the Work .. .. 3.6 ENGINEER as initial interpretor .................... 9.11 OWNER's responsibility to furnish data .............. 8.3 Lump Sum Pricing ................................ 11.3.2 OWNER's responsibility to make Notice of ........................................... 17.3 prompt payment ....................... 8.3, 14.4, 14.13 OWNER's ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, precedence .................................... 3.1, 3.3.3 13.9, 13.13, 13.14, 17.3 Record Documents.................................6.19 OWNER's liability ................................... 5.5 Reference to Standards and Specifications OWNER may refuse to make payment .............. 14.7 ' of Technical Societies ..•......3.3 Professional Fees and Court Costs Included .......... 17.5 Related Work........................................7.2 request for formal decision on ....................... 9.I1 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Substitute items ..... ........ 6.7.1.2 Reuse of ............................................. 3.7 1 Time Extension ..................................... 12.1 Supplementing.......................................3.6 Time requirements ............................ 9.11, 12.1 Termination of ENGINEER's Employment ........... 8.2 Unit Price Work..................................11.9.3 Unit Price Work .................................... 11.9 Value of............................................11.3 variations.................................. 3.6, 6.23, 6.27 Waiver of —on Final Payment ................ 14.14, 14.15 Visits to Site, ENGINEER's ......................... 9.2 Work Change Directive ............................. 10.2 Contract Price — written notice required ................... 9.11, 11.2, 12.1 adjustment of ..............4.3.5, 4.1, 9.4, 10.3, 11.2-11.3 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.II Change of ............................................ II Clean Site ..........................................4.6.17 Decision on Disputes ............................... 9.11 Codes of Technical Society, Organization or definition of........................................1.11 Association ...................................... 3.3.3 Contract Times — Commencement of Contract Times ..................... 2.3 adjustment of ...................... 3.5, 4.1, 9.4, 10.3, 12 Communications— Change of...................................12.1-12.4 Article or Paragraph Number Article or Paragraph Number I I Article or Paragraph Number • Article or Paragraph - Number For Acts and Omissions of Others ..... 6.9.1-6.9.2, 9.13 l 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 ................6.34.5 Laws and Regulations ............................6.14 e Liability Insurance ................................. 54 Notice of variation from Contract Documents 6.27 Patent Fees and Royalties ......................... .. .. 6.12 Permits.............4............................. 6.13 Progress Schedule .................................. 6.6 Record Documents ............................... ........................ 6.19 related Work performed prior to ENGINEER's approvalof required submittals ................. 6.28 safe structural loading ............................ 6.18 Safety and Protection ............4.. .. 6.20, 7.2, 13.2 Safety Representative .............................. 6.21 i Scheduling the Work ......:.......... 6.9.2 ............ ShopDrawings and Samples ....................... 6.24 Shop Drawings and Samples Review - by ENGINEER ................................6.26 Site Cleanliness.........6.17 Submittal Procedures ....................... 6.25 0 Substitute Construction Methods and ..... . Procedures ........ - „ 6.7.2 • Substitutes and "Or -Equal"' Items ................ 63.1 Superintendence.........4......................... 6.2 Supervision ...................................:.... 6.1 Survival of Obligations ............................ 6.34 Taxes.............................................. 6.15 Tests and Inspections ............................. 13.5 ToReport .........................................2.5 �. Use of Premises .................... 6.16.6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim.. 4,7.!, 9.4, 9.5, 9.11, 10.2, 11.2, I I.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 Consultants ............................... 11.4.4 .Special Substitute Construction Methods and Procedures .... : 6.7 Substitutes and "Or -Equal" Items, Expense .. 6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by .................................. 6.15 Use of Premises ................................ 6.16-6.18 .�. Warranties and guarantees ........... .....4....;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 I CONTRACTORS —other .. 0 .............................. .. 7 Contractual Liability Insurance ....................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination - I I I 1 11 I 1 I I Il I I I I Article or Paragraph Number CONTRACTOR's responsibility ...... et............ 6.9.2 Copies of Documents..................................2.2 Correction Period....................................13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period 13.12 .................................. OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Cost — of Tests and Inspections ............................. 13.4 Records ............ 11.7 Cost of the Work — Bonds and insurance, additional ................. 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. I I.6 Employee Expenses ............................. 11.4.5.1 Exclusions to ....................................... 11.5 General ........................................ 11.4-11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses.................................11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................ I1.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACTOR's ............ 11.4.4 Supplemental ..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts..................................11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work...................................13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching ............................ 7.2 Data, to be furnished by OWNER ...................... 8.3 Day —definition of ................................... 17.2.2 Decisions on Disputes .................. ..... 9.1 1, 9.12 defective -definition of................................1.14 defective Work — Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period .................................. 13.12 in general.................................13, 14.7. 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting ............................................ 9.6 Uncovering the Work ............................... 13.8 Definitions ............................................... I Delays.................................4.1, 6.29, 12.3-12.4 Delivery of Bonds......................................2.1 Delivery of certificates of insurance ..................... 2.7 Article or Paragraph Number Determinations for Unit Prices ....... ..:.............. 9.10 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution— Agreement.....................................16.1-16.6 Arbitration.....................................16.1-16.5 general...............................................16 Mediation..........................................16.6 Dispute Resolution Agreement ....................16.1-16.6 Disputes, Decisions by ENGINEER ..............9.11-9.12 Documents — Copiesof............................................2.2 Record.............................................6.19 Reuseof.............................................3.7 Drawings —definition of ............................... 1.15 Easements.............................................4.1 Effective date of Agreement —definition of ............. 1.16 Emergencies..........................................6.23 ENGINEER — as initial interpreter on disputes .................9.11-9.12 definition of........................................1.17 Limitations on authority and responsibilities.................................9.13 Replacement of......................................8.2 Resident Project Representative ...................... 9.3 ENGINEER's Consultant —definition of ................ 1.18 ENGINEER's— authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7, 10, 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 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 ..................................... Visits to Site ...................................... 9.2 Unit Price Determinations ........................... 9.10 Visits to Site ......................................... 9.2 Written consent required ......................... 7.2; 9.1 Equipment, Labor, Materials and ................... 6.3-6.5 Equipment rental, Cost of the Work ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions.....6.33 Evidence of Financial Arrangements ................... 8.11 Explorations of physical conditions: ................... 4.2.1 Fee, CONTRACTOR's--Costs-Plus ................... 11.6 Field Order — definition of ........................................ 1.19 issued by ENGINEER ......................... 3.6.1, 9.5 Final Application for Payment .......... .............. 14.12 Final Inspection ...................................... 14.11 Final Payment — and Acceptance ..............................14.13-14.14 Prior to, for cash allowances ........................ 11.8 General Provisions ...............................17.3-17.4 General Requirements—- r defintion of..........................................1.20 principal references to .............. 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... 17.1 Guarantee of Work -by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste — definition of ......................................... 1.21 general..............................................4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................'6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules 2.9 .......................... Inspection— I - Certificates of ......................... 9.13.4, 13.5, 14.12 Final .......................:.................:...... 14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance — Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work.................................11.4.5.9 Before starting the Work ............................. 2.7 Bonds and —in general.................................s Cancellation Provisions ..............................-5.8 Certificates of .. 2.7, 5, 5.3, 5.4.11. 5.4.13, 5.6.5, 5.8, 5.14, 9.13.4, 14.12 completed operations ........................ ... 5.4.13 CONTRACTOR'S Liability ........................... 5.4 CONTRACTOR's objection to coverage .............. 5.14 Contractual Liability .............................. 5.4.10 Article or Paragraph Number deductible amounts, CONTRACTOR's responsibility .................................... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers .................................... 5.3 Notice requirements, material changes..................................5.8, 10.5O Option to Replace .................................. 5.14 other special insurances ............4......... .. 5.10 OWNER as fiduciaryforinsureds .............. 5.12-5.13 OWNER's Liability..................................5.5 OWNER's Responsibility .............................8.5 Partial Utilization, Property Insurance ...............515 Property ........................................ 5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ................................... 5.10 Waiver of Rights .................................... .. 5:II Intent of Contract Documents .......................3.1-3.4 Interpretations and Clarifications ................. 3.6.3, 9.4 Investigations of physical conditions .................... 4.2 Labor, Materials and Equipment ....................6.3-6.5 Lands — and Easements ..................... ................. 8.4 Availability of...................................4.!, 8.4 - Reports & Tests ..................................... 8.4 Law's and Regulations —Laws or Regulations — Bonds.......................................::.. 5.1-5.2 Changes in. the Work................................10.4 Contract Documents.................................31 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.I, 3.33 Referenceto.......................................3.3.1 Safety and Protection .................. ... 6.20, 13.2 Subcontractors, Suppliers and Others ............6.8-6.11 Tests and Inspections ...............................I35 Use of Premises .....................................6.16 Visits to Site ......................................... 9.2 Liability Insurance — .....................................5.4 OWNER's........................................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens— ._ Application for Progress Payment ................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment .................:....14.12 definition of ..............:' ......................... . 1.23 Waiver of Claims...................................14:15 Limitations on ENGINEER's authority and responsibilities ...............................:.... `9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ......................14.12 Manuals (ofothersf'— .• - Precedence ........................................ 3.3.3.1 I i 1J I I fl Article or Paragraph Number Article or Paragraph Number Reference to in Contract Documents ................ 3.3.1 Inspections, tests and approvals ................. 8.7, 13.4 Materials and equipment— Liability Insurance...................................5.5 furnished by CONTRACTOR ........................ 6.3 Notice of Defects ................................... 13.1 not incorporated in Work ............................ 14.2 Representative —During Construction, Materials or equipment —equivalent ..................... 6.7 ENGINEER's Status ............................ 9.1 Mediation (Optional) .................................. 16.7 Responsibilities — Milestones —definition of .............................. 1.24 Asbestos, PCB's, Petroleum, Hazardous Miscellaneous— Waste on Radioactive Material .................. 8.10 Computation of Times .............................. 17.2 Change Orders .................................... 8.6 Cumulative Remedies ............................... 17.4 Changes in the Work .1 0.1 Giving Notice ....................................... 17.1 communications ................................... 8.1 Notice of Claim................................... . . 17.3 CONTRACTOR's responsibilities .................. 8.9 Professional Fees and Court Costs Included .......... 17.5 evidence of financial arrangements ................8.1! Multi -prime contracts .................................... 7 inspections, tests and approvals .................... 8.7 Not Shown or Indicated ..............................4.3.2 Insurance.........................................8.5 Notice of— lands and easements ....................:.:........ 8.4 Acceptability of Project .. .. 14.13 prompt payment by ................................ 8.3 Award, definition of.................................1.25 replacement of ENGINEER .. .. 8.2 Claim...............................................17.3 reports and tests...................................8.4 Defects, ............................................ 13.1 stop or suspend Work .................. 8.8, 13.10, 15.1 Differing Subsurface or Physical Conditions ..........4.2.3 terminate CONTRACTOR's services ..........8.8. 15.2 Giving..............................................17.1 separate representative at site ........................ 9.3 Tests and Inspections ............................... 13.3 independent testing.................................13.4 Variation, Shop Drawing and Sample ................ 6.27 use or occupancy of the Notice to Proceed— Work....................................5.15, 14.10 definition of........................................1.26 written consent or approval giving of.............................................2.3 required ...............................9.1, 6.3, 11.4 I Notification to Surety.................................10.5 written notice Observations, by ENGINEER .................... 6.30, 9.2 required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.10 PCBs — Omissions or acts by CONTRACTOR ........ : .... 6.9, 9.13 definition of .................... ; ....... ; ............1.29 "Open peril" policy form, Insurance ...................5.6.2 general .. .. 4.5 Option to Replace ...5.14 OWNER's responsibility for .. .. 8.10 "Or Equal" Items......................................6.7 Partial Utilization— Otherwork..............................................7 definition of........................................1.28 Overtime Work —prohibition of ......................... 6.3 general ................................... 6.30.2.4, 14.10 OWNER— Property Insurance ................................. 5.15 Acceptance of defective Work ...................... 13.13 Patent Fees and Royalties .............................6.32 appoint an ENGINEER .............................. 8.2 Payment Bonds.....................................5.1-5.2 as fiduciary ....................................5.12-5.13 Payments, Recommendation of .............14.4-14.7, 14.13 Availability of Lands, responsibility ................... 4.1 Payments to CONTRACTOR and Completion — definition I of ......:................................. 1.27 Application for Progress Payments ............._.... 14.2 data, furnish .. .. 8.3 CONTRACTOR'S Warranty of Title .................14.3 May Correct Defective Work ....... ............. 13.14 Final Application for Payment ............ .. 14.12 May refuse to make payment ........................ 14.7 - Final Inspection...................................14.11 May Stop the Work ................................ 13.10 Final Payment and Acceptance ...............14.13-14.14 may suspend work, general ........................................... 8.3. 14 terminate ....................... 8.8, 13.10, 15.1-15.4 Partial Utilization..................................14.10 Payment, make prompt ................... 8.3, 14.4, 14.13 Retainage...........................................14.2 performance of other Work ........................... 7.1 Review of Applications for Progress • permits and licenses. requirements .................. 6.13 Payments..................................14.4-14.7 purchased insurance requirements ............... 5.6-5.10 prompt payment.....................................8.3 OWNER',— Schedule of Values..................................14.1 Acceptance of the Work ......................... 6.30.2.5 Substantial Completion .........................14.8-14.9 Change Orders, obligation to Waiver of Claims..................................14.15 execute....................................8.6. 10.4 when payments due ..........................14.4. 14.13 Communications.....................................8.1 withholding payment................................14.7 • Coordination of the Work ............................7.4 Performance Bonds.................................5.1-5.2 • Disputes, request for decision ....................... 9.11 Permits ............................................... 6.13 I Ii Article or Paragraph Number Article or Paragraph . Number Petroleum— - Regulations, Laws and (or) .............................6.14 definition of ........................ . ............. 1.30 Rejecting Defective Work ...................... 9.6 general...............................................4.5 - Related Work— •OWNER's responsibility .......... for ........................8.10 at Site :........................................... 7.1-7.3 • Physical Conditions— Performed prior to Shop Drawings Drawings of, in or relating to ..................... 4.2.1.2 and Samples submittals review ...................6.28 ENGINEER's review .............................. 4.2.4 Remedies, cumulative ............................ 17.4, 17.5 existing structures .................................. 4.2.2 Removal or Correction of general ........................................... 4.2.1.2 Defective Work....................................13.11 Subsurface and........................................4.2 rental agreements, OWNER approval I Underground Facilities ....................4.3 required......................................11.4.5.3 Possible Contract Documents Change ............... 4.2.5 replacement of ENGINEER, by OWNER .............. 8.2 Possible Price and Times Adjustments .............. 4.2.6 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 1 Reports and Drawings .............................. 4.2.1 Reports — Notice of Differing Subsurface or . .................. 4.2.3 -and Drawings...........4.2.1 Subsurface and......................................4.2 and Tests, OWNER's responsibility 8.4 Subsurface Conditions ............................4.2.1.1 Resident Project Representative— 1 Technical Data; Limited Reliance by definition of ........................................ 1.33 CONTRACTOR Authorized ................:... 4.2.2 provision for .................................4.......9.3 Underground Facilities— Resident Superintendent, CONTRACTOR's ............. 6.2 general..........................................4.3 Responsibilities — Not Shown or Indicated ....................... 4.3.2 CONTRACTOR's-in general ..............::........... 6 Protection of ............................... 4.3, 6.20 ENGINEER's-in general ............................... 9 Shown or Indicated ............................ 4.3.1 Limitations on..................................... 9.13 Technical Data......................................42.2 OWNER's-in general .......,.......................... 8 Preconstruction Conference ............................ 2.8 Retainage .......................:....:...........:....14.2 Preliminary Matters......................................2 Reuse of Documents...................................3.7 PreliminarySchedules.................................. 2.6 Review by CONTRACTOR: Shop Drawings j Premises, Use of.................................6.16-6.18 - and Samples Prior to Submittal ...................... 6.25 Price, Change of Contract ............................... 11 Review of Applications for Progress Price, Contract -definition of .......................... I.11 Payments......................................14.4-14.7 Progress Payment, Applications for .................... 14.2 Right to an adjustment................................10.2 Progress payment—retainage ..........................14.2- Rights of Way................................:...'...4.. 4.1 _ Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6, Royalties, Patent Fees and ............................. 6.12 6.29, 10.4, 15.2.1 Safe Structural Loading ............................... 6.18 Project —definition of..................................1.31 Safety— - Project Representative— - and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 ENGINEER's Status During Construction ............ 9.3 general ........................................ 6.20-6.23• Project Representative, Resident - Representative, CONTRACTOR's ................... 6.21 —definition of ...................................... 1.33 Samples— I prompt payment by OWNER ........................... 8.3 definition of.........................................1.34 Property Insurance - - general ........:............................... 6.24-6.28 Additional ...................................... .... 5.7 Review by CONTRACTOR .............. . ...... 6.25 general..........; ............................... 5.6-5.10 Review by ENGINEER ...........:........... 6.26, 6.27 - I Partial Utilization ........................... 5.15, 14.10.2 related Work..........................................6.28 receipt and application of - submittal of.......................................6.24.2 proceeds ..................................5.12-5.13 submittal procedures ................................6.25 Protection, Safety and ...................... 6.20-6.21, 13.2 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29,-10.4, 15.2.1 Punch list............................................14.11 Schedule of Shop Drawing and Sample Radioactive Material— Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 definition...........................................1.32 Schedule of Values ........................2.6 2.8-2.9, 14.1 general..............................................4.5 - Schedules- - OWN ER's responsibility for ........................8.10 Adherence to ..................................... 15.2.1 Recommendation of Payment .............. 14.4, 14.5, 14.13 Adjusting .................... 6.6 ......................., Record Documents ...........6 .19,14.12 14.12 Change of Contract Times ....... . 10.4' I. Records, procedures for maintaining ................... 2.8 - Initially Acceptable ............................... 2.8-2.9 Reference.Points .................................... 4.4 _ Preliminary •2.6 - ............................... ......:..... Reference to Standards and Specifications Scope of Changes ..............................10.3-10.4 1 of Technical Societies ............. ................... 3.3 Subsurface Conditions .. 4.2.1.1 I 10 . I I I I I I I I 11 I I ,i I Article or Paragraph Number Shop Drawings and Samples, general ........................... 6.24-6.28 Change Orders & Applications for Payments, and ...............................97-9.9 definition of 1.35 ........................................ ENGINEER's approval of ......................... 3.6.2 ENGINEER's responsibility for review ............................... 9.7, 6.24-6.28 related Work 6.28 ........................................ review procedures ......................... 2.8, 6.24-6.28 submittal required ................................. 6.24.1 Submittal Procedures 6.25 ............................... use to approve substitutions ........................ 6.7.3 Shown or Indicated ................................... 4.3.I Site Access 7.2, 13.2 ....................................... Site Cleanliness .......................................6.17 Site, Visits to — by ENGINEER................................9.2, 13.2 by others ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications — definition of ........................................ 1.36 of Technical Societies, reference to ................. 3.3.1 precedence ........................................ 3.3.3 Standards and Specifications of Technical Societies.......................................... 3.3 Starting Construction, Before ....................... 2.5-2.8 Starting the Work ...................................... 2.4 Stop or Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8, 13.10, 15.1 Storage of materials and equipment ................. 4.1, 7.2 Structural Loading, Safety ............................. 6.18 Subcontractor— Conceming...................................... 6.8-6.11 definition of ........................................ 1.37 delays.............................................. 12.3 waiver of rights ..................................... 6.11 Subcontractors —in general ........................ 6.8-6.11 Subcontracts —required provisions ........ 5.11, 6.1 1, 11.4.3 Submittals — Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures.........................................6.25 Progress Schedules ..............................2.6. 2.9 Samples.......................................624-6.28 Schedule of Values ............................. 2.6. 14.1 Schedule of Shop Drawings and Samples Submissions ....................2.6. 2.8-2.9 Shop Drawings.................................6.24-6.28 Substantial Completion — certification of ........................ 6.30.2.3, 14.8-14.9 definition of ........................................ 1.38 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 "Or -Equal.. ........................................ 6.7.1 Article or Paragraph Number Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions — Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's Review ............................. 4.2.4 general..............................................4.2 Limited Reliance by CONTRACTOR Authorized....................................4.2.2 Notice of Differing Subsurface or Physical Conditions................................4.2.3 Physical Conditions.................................4.2.1.2 Possible Contract Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings................................4.2.1 Subsurface and......................................4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data ..................................... 4.2.2 Supervision— CONTRACTOR's responsibility ......................6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2, 9.13.2 Superintendence.......................................6.2 Superintendent, CONTRACTOR's resident ........... 6.2 Supplemental costs..................................11.4.5 Supplementary Conditions — definition of........................................1.39 principal reference to .... 1.10, 1.18, 2.2, 2.7, 4.2, 4.3, 5.1, 5.3,5.4,5.6-5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .................... 3.6 Supplier — definition of........................................1.40 principal references to ..................3.7. 6.5, 6.8-6.11, 6.20, 6.24, 9.13, 14.12 Waiver of Rights....................................6.11 Surety — consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of...................................5.1-5.3 Survival of Obligations................................6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination— ..................15 CONTRACTOR May Stop Work or Terminate ........................................ 15.5 OWNER May Suspend Work .......................IS.! OWNER May Terminate .......................15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data — Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary construction facilities ........................ 4.1 Termination — by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8.2 Suspension of Work-in general ........................ 15 Terms and Adjectives..................................3.4 I Substitute Construction Methods of Procedures ..... 6.7.2 Tests and Inspections— I 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 ........0 ............13.10 OWNER's independent testing ...................... 13.4 special, required by ENGINEER ...... 4....... 9.6 • timely notice required ............................... o...... 13.4 Uncovering the Work, at ENGINEER's request.............13.8-13.9 Times— Adjusting............................................ 6.6 Change of Contract...................................12 Adjusting............................................ 6.6 Computation of ..................................... 17.2 Contract Times -definition of ....................... 1.12 • day ................................................17.72 Milestones...........................................12 • Requirements- - appeals .......................................... 16 • clarifications, claims and disputes ............................. 9.11, 11.2, 12 commencement of contract times ................... 2.3 preconstruction conference ......................... 2.8 schedules.................................2.6, 2.9, 6.6 starting the Work..................................2.4 Title, Warranty of......................................14.3 Uncovering Work.................................13.8-13.9 Underground Facilities, Physical Conditions— definition of........................................1.41 Not Shown or Indicated ............................. 4.3.2 protection of...................................4.3, 6.20 Shown or Indicated................................4.3.1 Unit Price Work— claims............................................11.9.3 definition of ........................................ 1.42 • general .................................. 11.9, 14.1, 14.5 Unit Prices— general...........................................11.3.1 Determination for ................................... 9.10 Use of Premises ....................:... 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Article or Paragraph Number Utilization, Partial ................1.28, 5.15, 6.30, 2.4, 14.10 Value of the Work ..................................:.. 11.3 Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1 Variations in Work —Minor Authorized................................6.25, 6.27, 9.5 Visits of Site —by ENGINEER ......................... 9.2 Waiver of Claims -on Final Payment...:.........................0............. 14.15 Waiver of Rights by insured parties ............... 5.11, 6.11 Warranty and Guarantee, General —by CONTRACTOR ..............:.....................6.30 Warranty of Title, CONTRACTOR's ................... 14.3 Work — Accessto ........................................... 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.I Related, Work at Site .............................7.1-7.3 Starting the ............ .............................. 2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER ...........................15.1-15.4 Variation and deviation authorized, minor........:....... ............................ 3.6 Work Change Directive— claims pursuant to..................................10.2 definition of........................................1.'14 principal references to ....................3.5.3,10.1-10.2 Written Amendment — definition of ......................................... I.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 F I I. I I I 11 I 12 I 1 HI I H 11 1 I 1 I I 1, I 1 I I I GENERAL CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. 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- ment, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope, extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, 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 I 1.20. General Requirements=Sections of Division I of the Specifications. L2L 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. NoticetoProceed—A written noticegivenbyOWNER 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. I.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 201.1 et seq.) as amended from time to time. - 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Samples —Physical examples of materials,equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop • Drawings —All drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or. corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the: Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and' "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. _ I.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. - I I' I I I I IA I I I I I I I I I I U I. U I I I I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. (Addition; SC -1) ARTICLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. (Addition; SC -2.2) Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the 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 IR I attended by CONTRACTOR, ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to.in paragraph 2.6, procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Applica= tion for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but. such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'sfull responsibilitytherefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE , Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by.one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is•the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications. manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). . . No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGIN N EER, or any of their subcontractors, consultants, agents, or em= ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER's Consultants, agents or employees'any duty or authority to supervise or direct .the furnishing or I I I. I L 1• Li I J I I I U I I I I U H I I I I I performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered," "as directed," "as required," "as allowed," "as approved" or terms of like effect or import are used, or the adjectives "reasonable, "suitable, " "acceptable," "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing 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 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 I 4.2.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, se- quences and procedures of construction to be employed by • CONTRACTOR and safety precautions and programs inci- • dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data,. interpretations, opinions or information. 4.2-.3. Notice of Differing Subsurface or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2:3.1: is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. - is of such a nature as to require a change in the Contract Documents, or -. 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and 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 rany claims, - costs, losses or damages sustained by CONTRACTOR on or in connection with any other projector 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 II I 1 I 1 I. 1 18 I I I I I I I I I I I I I I I I information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for. (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Woric. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 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 19 J Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and (ii)nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5.The provisions ofparagraphs 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 Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. (Addition; SC -5.1.1) 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of. which must be acceptable to OWNER. ' 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to he 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. tjy '$'A'9r*iiceAAy %//4�/ CONTRACTOR's Liability Insurance: (Addition SC -5.4) 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as. k 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, orby anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:: 5.4.1. claims under. workers' compensation, disability benefits and other similar employee benefit acts; - 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any, person other than CON- TRACTOR's. employees; 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located,. including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death. of any person or property damage arising out of the ownership, maintenance or use,of any motor vehicle. I I I 11 I I I I The policies of insurance so required by this paragraph 5.4 to - a ce. upon the Work at the site in the amount of the f I be purchased and maintained shall: ``' re lacement cost thereof (subject to such deductible amou is as ay be provided in the Supplementary Condition or 53 7. with respect utinsurance required by al insureds requ red by Laws and Regulations). This insurance shall - 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- 5..1. include the interests of OWNER, CON RAC- sionalliability) OWNER, ENGINEER, ENGINEER'sCon- TOR, Subcontractors, ENGINEER, ENGINES s Con- sultants and any other persons or entities identified in the Su lemeo .. wr, ' ' pp tary'Conditions, all of whom shall be listed as sultan and any other persons or entities identifi d in the - 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 additiona 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 bull ings, falsework and Work i transit and shall 5.4.9. include completed operations insurance; insure against least the following pe Is fire, lightning, extended coves ,theft, vandalism and alicious mischief, 5.4.10. include contractual liability insurance covering earthquake, colla e, debris removal, d olition occasioned CONTRACTOR's indemnity obligations under paragraphs by enforcement o Laws and Regula ons, water damage, 1 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 Cord 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 incurr in the repair or replace - notice has been given to OWNER and CONTRACTOR and ment of any insured pr erty (i luding but not limited to to each other additional insured identified in the Supplemen- fees and charges of engin en a architects); 1 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 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 agre to in writ g by OWNER, CON- TRACTOR 5.4.13. with respect to completed operations insurance, and ENG EER with th y days written notice and any insurance coverage written on a claims -made basis, to each other additi nal insured to horn a certificate of remain in effect for at least two years after final payment insurance has been ssued. (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- 5.7. OWNER S II purchase and main in such boiler and tions to whom a certificate of insurance has been issued machinery insuran e or additional property nsurance 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 OWNER'sLiabilirylnsurance: (Replacement; an insurabl interest and shall be listed as an insured or SC -5 . 5) additional i sured. /Y./Xrt'afh'vfdstfr�dcv(dufrEd't6kfdr>Fo4ib�dby 4G� f 1�Y9�3�9�9f boB�4fifi� Y9 k�bla(A�� 5.8. I the policies of insurance (and the certi ates or 9bY96/ny/)f ?ymsyNifltf AYflflM/eA�,(� other e dence thereof) required to be purchased an main - tamed y OWNER in accordance with paragraphs 5.6 a d 5.7 '`/�'e/T�5/�r'1�1�`T7P➢e�lTiNP9f"P will c main a provision or endorsement that the coy rage affor ed will not be cancelled or materially changed or ren wal refu ed until at least thirty days' prior written notice has b en Property insurance: (Replacements; giv n to OWNER and CONTRACTOR and to each oth r SC -5 .6 5.7 & 5.8 a itional insured to whom a certificate of insurance has bee • �l /6ZJ/4i1ie'r iiWj�vitlEdr4.0tebtt�p$iWie'da/ or% i ued and will contain waiver provisions in accordance with 01I1g1i14 /WPAI4GEli da{td'tftr(itl1i FSr 0A A/LV aragraph 5.11. 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. 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 oradditional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by. arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 22 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph. 14.10, after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. . Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against any of CON- TRACTOR Subcontractors ENGINEER ENGINEER'sCon- sultants and the officers, directors, employees and agents of any of them. - (Replacements; Receipt and Application of Insurance Proceeds SC -5.12 5.13 & . 2. Any insured loss under the policies of insures 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 plicable mortgage clause and of pa graph 5.13. OWNER shall eposit in a separate account ny money so received, and sh distribute it in accordant 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 ceived a ied on account thereof - and the Work and the cost ereo overed by an appropriate Change Order or.Written Am ent. I I 11 5.13. OWNER as fiduci� s 11 have power to adjust and settle any loss with the i urers uMfss one of the parties in interest shall object i riling with\makke n days after .the occurrence of loss to WNER's exercise.Rfhis power. If such objection be madeyO WNER as fiduciI make settlement with the insure in accordance wit≥eement as the parties in int - st may teach. If no suem t among the partiesin i erest is reached, OWNEciahall adjust and sett the loss with the insurers aequired ' writing by an party in interest, OWNER asy shall gi bond for a proper performance of such d 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 nd CONTRACTOR shall each provide to the other sue itional information in respect of insurance provided as th th may reasonably request. If either party does not pur ase or m ' bin all of the Bonds and insurance required o uch party by lh 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 piste such er party's interests at the expense of the party who as 1 I I I I I U I I I I 1 I I 1 I I I r Q0o 'tfi(myfo'e/sffgftvt/1 +Adv fG1dfa�• Cfi gg4'Ppaevsx41 CONTRACTOR will not permit overtime work or the perfor- ge��tye¢ fa/a�;p yfysle�ry191 tl Pylye aybp9e)A�ty. mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10; provided that no such use or. occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method, technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall providecompetent, 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 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 I 6.7.1.1. '.'Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered.by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER,s sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR -wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited tothe 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- GINEERmay require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRAC7OR's Expense: All- data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will beat CONTRACTOR's expense. - 6.7.2. Substitute Construction Methods 6r Procedures: If a specific means, method, technique, sequence or procedure of 24 construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish'. or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly. called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and' 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop. Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. - ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or. in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. • Whether or- not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning 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 byOWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract. Price will be adjusted by the difference in the cost occasioned by such I t'I I 1 1 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. I I I I 1 I 1 I Ll I I I I 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 director 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, neitherO WNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. (Addition; SC -6.14.3) Tares: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 25 the Project which are applicable during the performance of the Work. ' Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or. area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for. alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger. the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders. Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal; relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6,20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of. them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). . . . Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and I I t I I 1 I 1 1 LI I I 1 1 LJ I I I I I I 1 I 3.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 27 E Documents unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER' relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. - 6.30. CONTRAC2t7R'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. anycorrectionofdefectiveWorkbyOWNER. 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 entityindemnified 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 Li 1 I I I I I I I I I I I I I I the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, willsurvivefinal pay- ment, completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OCHER 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 II and I2 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. /95!/�7NkPF4/r�s o ldiWiWrlsWcf&I44dWn4 S+71 �a��nkX AifSf � vfsla�d XsA6F(EAr d A/O V A (Replacement SC -8.5) 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ' 29 I 8.9. The OWNER shall not supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques, sequences -or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as. ENGI- NEER deems necessary in order to observe as an experienced and qualified design professional the progress' that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality -or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the`basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or - observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist, ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If:OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. (Addition; SC -9.3) Clanftcarions 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...1 Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or 1 reject Work whichENGINEER believes to be defective, or I- I I E. Li U I I 30 ` I I I I I I I I I I I I I I I 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. (imitations 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. 1 31 I 9.13.2. ENGINEER will not supervise, direct, control or have authority over or be responsible for CONTRAC- TOR'S means, methods, techniques, sequences or proce- dures of construction, or the safety precautions and pro- grams incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Docu- ments. 19.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization perform- ing or furnishing any of the Work.. 9.13.4. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered• by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Doc- uments. 9.13.5. The limitations upon authority and responsibility set forth in this paragraph 9.13 shall also apply to ENGI- NEER's Consultants, Resident Project Representative and assistants. ARTICLE 10 -CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract -Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that -is not required by the Contract Documents as amended. modified and supplemented as provided in paragraphs 3.5:and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the caseof uncovering Work as provided in paragraph 13.9. • 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: • 10.4.1. changes in the Work which are (i) ordered by OWNER pursuant to paragraph 10.1, (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or (iii) agreed to by the parties; . 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of anychange the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR'S respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ' ARTICLE I I —CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall, be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of theclaim. 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 9.1 I if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will I I I I I I I I Li I I 17 I I I I ,i I I I I I I I I I I I I be valid if not submitted in accordance with this paragraph 1.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payrol l 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 t,„ash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER. which bids, if any, will be accepted. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 1 33 I 11.4.5.6-. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2.. 11.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4 —all of which are to beconsid- 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 CONTRAC OR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. - . 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. - Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. . . 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the CONTRACTOR's fee shall be fifteen percent; El I. I I 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 into 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. u [ -J I I 11 34 IH I I I I. I I I I I I I I I Cash Allowances: Aw•+ ' 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; 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 x';4of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) 35 • 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. . I - 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 hasbeen eliminated; however, this right of OWNER to stop the Work :L I I I I I. I I I I 11 11 I I I I shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay Lall 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 11. If the acceptance occurs after such recommenda- tion, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11, or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents. OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article II. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 37 L will be incorporated into a form of Application for Payment acceptable to ENGINEER.. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials. and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's 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..$TOty e; SC -14.4) 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER toOWNER. basedon ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on. ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment. appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. . 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish 'W'ork 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 knowledgeof 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, I I I I I I. I in I 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-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; I I I I I I I I I I I I I but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the, Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties. insurance and warranties and guarantees. Unless O W N ER 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 procedurefor 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 O WNER 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 lime 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 W CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due -for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final. inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2.. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER -May Suspend Work: 15.1.. At any time and without cause, OWNER may sus- pend the Work or any portion thereof fora period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and12. - OWNER May Terminate:.-,. 15.2. Upon the occurrence of any one or more of the following events: - I I I I Li I I I L I I I I I I I I I I I I I I FI I 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); x+"'152.2. 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 41 r 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 thelast 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 Ii 11 I I I EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) 1 I I I I rl I I I I I I 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.) I GC -Al 16.7. OWNER and CONTRACTOR agree that they shall tion would irrevocably prejudice one of the parties. The first submit any and all unsettled claims, counterclaims, dis- respective thirty and ten day time limits within which to file a putes and other matters in question between them arising out of demand for arbitration as provided in paragraphs 16.2 and 16.3- or relating to the Contract Documents or the breach thereof above shall be suspended with respect to a dispute submitted to ("disputes"), to mediation by The American Arbitration As- mediation within those same applicable time limits and shall sociationunder the Construction Industry Mediation Rules of remain suspended until ten days after the termination of the the American Arbitration Association prior to either of them mediation. The mediator of any dispute submitted to mediation S initiating against the other a demand for arbitration pursuant to under this Agreement shall not ,serve as arbitrator of such paragraphs 16.1 through 16.6, unless delay in initiating arbitra- dispute unless otherwise agreed. I. 1 Hi - 1. GC -A2 '' Iii I TABLE OF CONTENTS ' OF SUPPLEMENTARY CONDITIONS Pace I SC-1 Definitions and Abbreviations .......................... SC -1 SC -2 Preliminary Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -2 SC -5 Bonds and Insurance ............................... SC -3 ' SC -6 Contractor's Responsibilities SC -6 SC -7 Other Work .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SC -6 SC -8 Owner's Responsibilities SC -7 ' SC -9 Engineer's Status During Construction . : ................. SC -7 SC -11 Change of Contract Price SC -10 SC -13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ............... SC -11 SC -14 Payments to Contractor and Completion ................. SC -11 II I [] Ii I I I U SC-i H H. I Supplementary Conditions I n I I I I n 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. 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 COMP - 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: I. SC -2 •. ii II II II 11 I I Supplementary Conditions I 1 P I I I I I II SC -2.2 Copies of Contract. Not less than six copies of the bound volumes of the proposal, Contract and stipulations shall be prepared, each containing an exact copy of the CONTRACTOR'S proposal as submitted, the Bond or Bonds properly executed and Contracts signed by both parties thereto. However, the CONTRACTOR and the surety executing the Bond shall not date the Contract or the Bond upon submission for execution by the OWNER. These documents will be dated the date the OWNER executes the Contract. SC -5 BONDS AND INSURANCE Add a new paragraph immediately after paragraph 5.1 of the General Conditions which is to read as follows: SC -5.1.1 Resident Agent. The CONTRACTOR shall furnish performance and payment bonds as provided for by Article 5 of the General Conditions executed by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power -of -attorney. The mere countersigning of the bonds by a resident agent will not be sufficient. SC -5.3.1 Licensed Sureties and Insurers: Certificates of Insurance. Add the following sentences at the end of the existing paragraph 5.3.1 of the General Conditions: 'The surety on the bond shall be from a corporate surety company duly authorized to do business in the State of Arkansas. Bonds must be written by an 'A' rated bonding company." SC -5.3.2 Licensed Sureties and Insurers: Certificates of Insurance. In paragraph 5.3.2 of the General Conditions, delete the last sentence (which is crossed out). SC -5.4 CONTRACTOR'S Liability Insurance ' Add the following paragraphs immediately after the respective paragraphs contained in • SC -5.4 of the General Conditions: '• SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: ' SC -5.4.1 and SC -5.4.2 Workers' Compensation etc. under paragraphs 5.4.1 and 5.4.2 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. 1 SC -3 I Supplementary Conditions 1.1 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 indemnity and save harmless the OWNER and ENGINEER from and against all losses and claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against them by reason of any omission or act of the CONTRACTOR, his agent or employees in the execution of the Work or in the guarding of it. The CONTRACTOR shall obtain in the name of the OWNER and ENGINEER (either as co-insured or by • endorsement), and shall maintain and pay the premiums for such insurance in an amount not less than $2,000,000 for property damage and bodily injury limits, and with such provisions as will protect the OWNER and ENGINEER from contingent liability under this Contract.. SC -5.6 Property Insurance. Delete paragraph 5.6 of the General Conditions in its entirety and insert the following in its place: 5.6 PropertyInsurance. CONTRACTOR shall purchase and maintain until finalpayment 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 - SC -4 1I II 1I I I 1 .1 I I Supplementary Conditions I I I I I I I I i.1 I I I I SC -5.10 Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.12 Receipt and Application of Insurance Proceeds. Delete paragraph 5.12 of the General Conditions in its entirety. 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. i SC -5 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 canceled or materially changed or renewal refused until at least 30 days' prior written notice has been given to OWNER by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. SC -5.7 Delete paragraph 5.7 of the General Conditions in its entirety and insert the following in its place: 5.7 Other Insurance. The CONTRACTOR is to protect the OWNER against all loss during the course of the Contract. If, due to the nature of the Project, insurance coverage other than that specified is needed by the CONTRACTOR to protect the OWNER against all losses, the CONTRACTOR is responsible for determining the type of insurance needed and purchasing same. SC -5.8 Delete paragraph 5.8 of the General Conditions in its entirety and insert the following in its place: 5.8 Policies shall also specify insurance provided by CONTRACTOR will be considered primary and not contributory to any other insurance available to the OWNER or the ENGINEER. All policies will provide for 30 days written notice prior to any cancellation or nonrenewal of insurance policies required under Contract. "Will 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. I Supplementary Conditions I SC -6 CONTRACTOR'S RESPONSIBILITIES SC -6.13 Permits. Add the following language at the end of the existing paragraph 6.13 of the General Conditions: "The CONTRACTOR shall obtain a Permit for Discharge of Stormwater from Construction Activities as required by the Arkansas Department of Pollution Control and Ecology. The responsibility for obtaining the permit (including any permit fees) and complying with all applicable regulations shall be borne by the CONTRACTOR." SC -6.14 Laws and Regulations. Add a new paragraph immediately after paragraph 6.14.2 of the General Conditions which shall read as follows: SC -6.14.3 The CONTRACTOR shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities. No sanitary wastes will be permitted to enter any drain or watercourse, other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers, and reasonable measures will be taken to prevent such materials from entering any drain or watercourse. - SC -6.24 Shop Drawings and Samples. Add the following language at the end of the first sentence of paragraph 6.24.1 of the General Conditions: The Shop Drawing Review by the ENGINEER is for general compliance with the Contract Documents. No responsibility is assumed by the ENGINEER for correctness of dimensions or details." SC -7 OTHER WORK SC -7.5 Separate CONTRACTOR Claim. Add a new paragraph immediately after paragraph 7.4 of the General Conditions which shall read as follows: SC -7.5. Should CONTRACTOR cause damage to the Work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR'S performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER or ENGINEER, or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws And Regulations, indemnity 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 ::S6. I I I I I I Supplementary Conditions its name or for its benefit in any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER or ENGINEER on account of any such damage or claim. If CONTRACTOR is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an Extension of Time in accordance with Article 12. An Extension of the Contract Time shall be CONTRACTOR'S exclusive remedy with respect to OWNER and ENGINEER for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER or ENGINEER for activities that are their respective ' responsibilities. 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 LSC -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 Proiect 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 dealings with subcontractors shall only be through or with the full 1 knowledge of the CONTRACTOR. Written communication with the OWNER will be only through or as directed by the ENGINEER. Q ■ 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. I SC -7 Supplementary Conditions iI 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. 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, Rejection 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 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. SC -8 I I 11 1 1, _!I I I I; HUH I Supplementary Conditions .aJ 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 I Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations C 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 Requests. 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. Ii I I h1. 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 SC -9 Supplementary Conditions 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. I 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 I over safety precautions and programs in connection with: the Work. • shall not accept Shop Drawing or sample submittals from anyone I. 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 -11 CHANGE OF CONTRACT PRICE SC -1 1.9 Unit Price Work. Delete paragraph 11.9.3.1 of the General Conditions and add the following in its place: is • 11.9.3.1 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 -10 d Supplementary Conditions SC -13 TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.5 Tests and Inspections. Add the following at the end of paragraph 13.5 of the General Conditions: 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 H I I 1i SC -11 Section 01000 Project Requirements TECHNICAL SPECIFICATIONS Water System Improvements Phase II - Highway 45 East Area CONTRACT SECTION I WATER LINE For the City of Fayetteville, Arkansas Plans No. Fy-268 Dated February, 1998 II PROJECT REQUIREMENTS A. SCOPE OF WORK IThe 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: Approximately 8,700 linear feet of 18 inch, 3,500 linear feet of 16 inch, and 3,600 linear feet of 12 inch ductile iron or C900 and C905 PVC water line pipe (Contractor's option), together with appurtenances, including 13,000 linear feet of asphalt overlay, and all other necessary appurtenances for a complete and operational facility. B. SEQUENCE OF THE WORK After the contract, bonds, and certificates of insurance have been furnished to the Owner, and the contract has been executed, the Engineer will issue a Notice to Proceed designating the date the Contract Times will commence. The Contractor shall complete the contract within the Contract Times set out in the Agreement. C. LANDS AND RIGHTS OF WAY The westerly ±2,200 linear feet of the water line shall be on easements obtained by the City of Fayetteville, Arkansas. The remainder (± 13,000 linear feet) is within the right -of- way of Old Wire Road and Gulley Road. D. CONTRACTOR TO FURNISH EQUIPMENT MATERIALS AND MANPOWER IThe Contractor shall furnish, without charge, competent men from his force and such tools, stakes and other materials as the Engineer may require for the proper staking out of the work and in making measurements and surveys and in establishing temporary or permanent reference marks in connection with said work. 1 01000-1 Section 01000 1 Project Requirements E. STORAGE OF MATERIALS Materials shall be stored so as to ensure the preservation of their quality and fitness for ii 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. SUNDAY. HOLIDAY AND NIGHT WORK 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. G. SAFETY SYSTEMS Act 291 of the 1993 Arkansas General Assembly requires that whenever any agency of the state, county, municipality, or school district, or other local taxing unit or improvement district enters into a contract for public works improvements which involves any trench or excavation which equals or exceeds five (5) feet in depth, include in their specifications for the project the current edition of Occupational Safety and Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P.. This document is hereby incorporated into these Specifications. - 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. I The Contractor shall furnish to the Engineer such detailed information as he may request. to aid him as a guide in the preparation ofmonthly estimates. After each such estimate shall have been approved by the Owner, the Owner shall pay to the Contractor the 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. 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. 01000-2 I Section 01000 ^•''� Project Requirements p. 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. 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. 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. I 01000-3 Section 01000 Project Requirements 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).] J. 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. K. TEMPORARY FACILITIES 1. 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. 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. • - 01000-4. I I I fl I Section 01000 Project Requirements 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 Tto 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. 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. 1. O. TEMPORARY DRAINAGE PROVISIONS 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. 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 01000-5 Section 01000 Project Requirements 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 any permit that may be required (including any permit fees) and complying with all applicable regulations shall be borne by the Contractor. The project requires a permit for test water discharge. The Owner will make application and pay the fee to secure the permit. The Contractor shall discharge. all test water in accordance with the requirements of the permit. R. ABBREVIATIONS AND SYMBOLS Abbreviations and symbols used in these Specifications are described in the Supplementary Conditions, Article SC -1. S. CLEANUP During 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 times insofar as is practical. Any arrangement made between the land owner and the Contractor shall not in any way alter the requirements as set forth in the Plans and Specifications. Agreements between Contractor and land owner shall be in writing and copies provided to the Springdale Water Utilities and the Engineer. T. CONSTRUCTION SCHEDULE TheContractorshall submit a bar -type construction schedule listing -each waterline, sewer line and highway bore as a separate item of construction and the length of time required and proposed start and finish dates on the schedule. - 'I I ii 1 _TI Ii JI 01000-6 Section 01000 Project Requirements With reference to paragraphs 2.6 and 2.9 of the General Conditions, the Contractor shall have submitted all approvable construction 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 construction progress status reports and revised schedules as required to show completion of the project. END OF SECTION 01000-7 FAYETTEVILLE EXAMPLE WATER PRESSURE REDUCTION THE CITY OF FAYETTEVILLE, ARKANSAS NOTICE TO THE CUSTOMER 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. 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. I. If you have any questions, please call one of the following: Engineer: Neee/Coepany Phone Contractor: Nnne/Coepony Phone Thank you for your patience and consideration. DAVID JURGENS Water/Sewer Maintenance Superintendent 575-8386 I Ii IPRM\C:\APP\WPDATA\BOIL-COH.LT2 11 113 WEST MOUNTAIN 72701 501.521.7700 I i FAYETTEVILLE I THE CITY OF FAYETTEVILLE, ARKANSAS BOIL ORDER 1. 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: None/Coepeny Phone Contractor: New/Coepeny Phone Thank you for your patience and consideration. DAVID JURGENS Water & Sewer Maintenance Superintendent 575-8386 PRN\C:\APP\NPDATA\DOIL-CON.LTR I 11 Section 01025 Measurement & Payment I I I, I I I I I I Li II TECHNICAL SPECIFICATIONS METHODS OF MEASUREMENT AND PAYMENT A. GENERAL Methods of measurement and payment as set out in the Specifications covering the various items of construction are hereby clarified and superseded as set out herein. Wherever they are not clarified or superseded herein, methods of payment as provided in the applicable section of the Specifications shall govern. Payment for all work under this contract shall be made at the unit and lump sum prices bid under the various items of the Bid as hereinafter set out. Bid Items 1. 2. 3 and 4 - Water Line Pipe Payment for pipe shall be made at the unit prices bid per linear foot for the various types and sizes of pipe, complete in place. The prices bid shall be full compensation for video tape recordings of surface conditions, clearing, timber and brush disposal, temporary fencing where necessary, right of way preparation, stripping and stockpiling topsoil where required, trenching, rock excavation, furnishing and laying pipe, furnishing and installing embedment material, polyethylene encasement, detectable tape, tracer wire, as required, backfilling, compaction, cleanup, seeding, fertilizing, mulching, repairing fences, removal and reinstallation of drainage pipe culverts of various kinds and sizes, the protection and/or replacement of roadway signs, mailboxes, etc., and every other item required for a complete installation as specified. Payment will be made according to the percentage of work completed. The procedures to be used by the Engineer in determining the amount due each month will generally be as set out below. Pipeline Bid Items: The amount to be paid under pipeline bid items will be determined by converting the footage of pipe laid into an equivalent value of length of pipe for purposes of payment. This value will be the sum of percentage increments of completion of the pipeline construction. These percentage increments are: For all pipe laid in the trench, properly backfilled and compacted, excess material removed, and the surface graded smooth with all brush removed and properly disposed of, 85 percent of the bid price. Pipeline bid items will not be considered for payment unless all items except testing, sterilization, seeding, fertilizing and mulching, are completed. For all sections of the pipeline that have passed specific pressure and leakage tests and have been properly sterilized, an additional 10 percent of the bid price. I. 01025-1 Section 01025 Measurement & Payment • For all sections of the pipeline where final fence repair, final cleanup, seeding and mulching are completed, an additional 5 percent of the bid price. Measurement will be based on the total length of the line, including pipe required 1 for ties to the existing system, with no deduction, made for valves or fittings.. Measurement shall be made with a 100 foot tape along the centerline of: the j pipeline after the trench has been backfilled. The footage installed to be paid for will be reflected in a daily written report, a copy of which will be furnished to the Contractor. . 1 Bid Item 5 - Ductile Iron Fittings with Retainer Glands Payment for ductile iron fittings will be made at the unit price bid per pound under this item, as provided. The unit price bid shall include the furnishing and installation of the fittings, and all other related work not specifically compensated for under other items of the Bid. The weight of the fittings will be based on standard AWWA C153/A21.53 weight tables for naked, compact mechanical joint fittings. The price bid shall include furnishing and installing the fittings including retaining gland and the required concrete reaction backing in accordance with the reaction detail schedule set out on the Plans. Bid Items 6. 7. 8. 9 and 10 - Valves (Butterfly and Gate) Payment for butterfly and gate valves (except 6 inch gate valves required for fire hydrant installations) shall be made at the unit price bid for each of the various types and sizes of valves, complete in place. The price shall include furnishing and installing the valves, valve boxes, concrete pad at ground surface, valve operator extension stems (if required), and every other item of work required. for a complete installation as specified. Bid Item 11 - Fire Hydrant Assemblies Payment for fire hydrant assemblies will be made at the unit price bid. The bid .price shall include furnishing and installation of the fire hydrant, auxiliary gate valve, valve box and fire hydrant barrel extension, if required. All retainer glands, gravel drain, concrete collar, concrete support and reaction blocking will be included in this pay item. This pay item also includes flow test and painting of fire hydrant bonnet. The 6 inch pipe used for fire hydrant leads and main line fittings will be paid for under the appropriate Bid item. Bid Item 12 - Crushed Stone Pipe Bedding Material for Undercut . Payment for crushed stone trench backfill for undercut shall be made, at the unit price bid per cubic yard. The unit price bid shall be full compensation for - furnishing, installing and compaction of embedment material as set out in the Pipe Section of these Specifications. 01025-2 1I II Section 01025 Measurement & Payment I I. I I. Bid Item 13- Crossings for Paved Street, Driveway drParking Lots (Concrete or Asphalt) Payment shall be made at the unit price bid per linear foot of paved crossing. The price bid shall include furnishing and installing full depth compacted crushed stone backfill and driving surface repair. This item also includes all excavation, backfilling, reinforcement for concrete as required, disposal of excess backfill, all cleanup, the compaction of backfill as required, and every other item of work required for a complete installation. Bid Item 14 - Crossings for Unpaved Street Driveway or Parking Lots Payment under this item shall be made at the unit price bid per linear foot and shall include compaction of backfill, and furnishing, installing full -depth compacted crushed stone base trench backfill. This item also includes disposal of excess trench excavation, and every other item of work required for a complete installation. Bid Item 15 - Tie -In to Existing 36" Water Line Payment for tie-in to existing line shall be made at the unit price bid for each tie-in. The price bid shall be full compensation for all excavation, cutting existing lines, dewatering as required, coordination of taking existing lines out of service and placing back into service after tie-in is complete, backfilling, cleanup, seeding, fertilizing, mulching, and every other item of work required for a complete tie-in as specified. This item also includes connection to the existing fire hydrant lead pipe. (Payment for fittings, pipe, and valves used will be made under the appropriate bid items. Payment under this item will not be made where tapping sleeve is used.) Bid Item 16 - Tie -In to Existing 6" Water Line iPayment for tie-in to existing line shall be made at the unit price bid for each tie-in. The price bid shall be full compensation for all excavation, cutting existing lines, dewatering as required, coordination of taking existing lines out of service and placing back into service after tie-in is complete, backfilling, cleanup, seeding, fertilizing, mulching, and every other item of work required for a complete tie-in as specified. (Payment for fittings, pipe, and valves used will be made under the appropriate bid items. Payment under this item will not be made where tapping sleeve is used.) Bid Item 17 - Tie -In to Existing 4", 3" or 2" Water Line Payment for tie-in to existing line shall be made at the unit price bid for each tie-in. The price bid shall be full compensation for all excavation, cutting existing lines, furnishing and installing 4 inch, 3 inch or 2 inch pipe, valves and fittings, dewatering as required, coordination of taking existing lines out of service and placing back into service after tie-in is complete, backfilling, cleanup, seeding, fertilizing, mulching, and every other item of work required for a complete tie-in as specified. 1 01025-3 Section 01025 Measurement & Payment Bid Item 18 - Water Meter Settings I I I Payment for water meter. settings will be made at the unit price bid for each setting.. The price bid shall include furnishing and installing new meter box, meter yoke, all couplings and connection fittings required, removal and delivery of existing meter box and meter yokes to City Yard where required, and every other item of work required for a complete installation as specified. [The meter will be furnished and installed by the Fayetteville Water Department.] Bid Item 19 - Service Connection to Existing Water Meters Payment for service reconnections will be made at the unit price bid for each connection. The bid price shall include furnishing and installing service saddle, corporation on newly -installed water line, all couplings and connection fittings required, and every other item of work required for a complete service reconnection: Payment for service pipe will be made under the appropriate item of the Bid. Bid Item 20 - Service Disconnect from Existing Water Line Payment for disconnecting service shall be made at the unit price bid for each disconnection. The bid price shall include excavating and locating, corporation stop, closing the stop, disconnecting service line from corporation stop, backfill, cleanup, and every item of work required for a complete service abandonment. [This item is generally required where existing service setting is on the opposite side of the road from the existing water line and where newly -installed water line is being built on the same side of the road as the service.] Bid Item 21 - Water Service Line Payment for service lines shall be made at the price bid per linear foot. The bid price shall include furnishing and installing the service line required for water meter settings and shall also include service saddle, corporation stop and tracer wire as specified. This item also includes the connection to the newly -installed water line and to the meter yoke. Bid Item 22 - Water Service Yard Line Payment for yard line shall be made at the price bid per linear foot. The price bid shall include construction from meter yoke to existing yard .line, including all couplings or fittings. Bid Item 23 - Hot -Mixed, Hot -Laid Asphalt Concrete -Class II Payment for hot -mixed, hot -laid asphalt concrete for Gulley Road and a portion of Old Wire Road overlay surface repair shall be made in accordance with the unit price bid per ton. The price bid shall be full compensation for furnishing all materials, labor, tools and equipment required for construction of the overlay, reconstructing roadway shoulders, and the marking of centerline. stripes. 01025-4 J Section 01025 Measurement & Payment Bid Item 24 - Nonreinforced Concrete Encasement Payment for nonreinforced concrete used for pipe encasement shall be made in accordance with the unit price bid per linear foot. The unit price bid shall include necessary forming, and furnishing and placing materials. Nonreinforced concrete will be placed as directed by the Engineer. Measurement shall be the length of concrete encasement installed as measured by the Engineer at the time of placement. ft Bid Item 25 - Bore and Encasement of Old Wire Road Payment for bore shall be made at the lump sum price bid, complete in place. The price bid shall be full compensation for all excavation, furnishing and installing of new steel casing pipe of the diameter and length as shown on the Plans, spacers and end seals, making the bore, all backfilling, cleanup, seeding, fertilizing, mulching, and every other item of work required for a complete installation as shown on the Plans and as specified. Bid Items 26. 27 and 28 - Corrugated Steel Pipe Culverts Payment for pipe shall be made at the unit prices bid per linear foot for the various sizes of pipe, complete in place. The price bid shall be full compensation for removal and disposal of existing pipe culverts and headwalls, forming bed for pipe, pipe installation, backfilling around pipe, and every other item required for a complete installation as specified. Payment for driveway surface repair shall be made under the appropriate item of the Bid. Bid Item 29 - Direct Burial Control Cable Payment under this item shall be made in accordance with the lump sum price bid. The price bid shall be full compensation for furnishing approximately 4,200 linear feet of cable, and the direct burial of about 3,600 linear feet for the limits as shown on the Plans. (Additional cable is required for splitting, as shown on the Plans.) A Bid Item 30 - 20" Steel Casing Pipe in Open Trench Payment for casing pipe shall be made at the unit price bid per linear foot, complete in place. The price bid shall be full compensation for excavating, furnishing, placement and backfill of casing pipe. Payment shall also include casing spacer. Bid Item 31 - 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 01025-5 Section 01025 1" Measurement & Payment in said Act 291. Bid Items 32 through 35 Control and Pressure Reducing Valves Payment for control and pressure reducing valves shall be made at the lump sum price bid, complete in place. The price bid shall include the installation of control • valve, sleeves, gate valves, road repair, and all sitework as shown on the Plans. END OF SECTION • i 01025-6 . 1* �• Section 01314 Use of Explosives I TECHNICAL SPECIFICATIONS USE OF EXPLOSIVES A. GENERAL The Contractor shall observe the requirements of the General Conditions, Supplementary Conditions and this Technical Specification when using any explosive materials for excavation or demolition. B. USE OF EXPLOSIVES When the use of explosives is necessary for the prosecution of the work, the Contractor shall observe all local, state and federal laws in purchasing and handling explosives. The Contractor shall take all necessary precaution to protect persons, completed work, neighboring property, water lines, or other underground structures. The Contractor shall notify all owners of all nearby property of the intention to use explosives at least eight hours before blasting is scheduled. The Contractor shall submit to the Owner a certificate of insurance covering such blasting operations. Such insurance shall be in the same amount as is the public liability requirements under Article 5 of the Supplementary Conditions. C. RESPONSIBILITY The Contractor shall be totally responsible for handling explosives in a safe manner and for any damage resulting from the use of explosives. I END OF SECTION 1, . 01314-1 Section 01335 Submittals 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. END OF SECTION I I I I I 01335-1 Section 01535 Video Tape Recordings I. TECHNICAL SPECIFICATIONS VIDEO TAPE RECORDINGS OF SURFACE CONDITIONS A. GENERAL Video tape recordings of surface conditions shall be provided for the full length of the water line project. Existing utilities shall be marked and construction staking shall be in place before taping begins. Taping shall be done prior to construction. The following location information shall be provided on color audio -video tape recording: Audio: Each recording shall begin with a verbal description of the current date, project name and municipality, and be followed by the general location, i.e., name of the street, viewing side and direction of progress. Video: Transparent information must appear on the viewing screen. This _ information will consist of the date and time of recording. The date information will contain the month, day and year. Digital: To preclude the possibility of tampering or editing in any manner, all video recordings must, by electronic means, display continuously and simultaneously generated transparent digital information to include the date and time of recording. The date information will contain the month, day and year. B. MATERIALS 1. Audio -video VHS tape, 3M T60 broadcast type or equivalent tapes shall be 1/2 inch color video -cassette player/recorder. An effort should be made to utilize the same recorder that would be required for review of the sewer line televising. 2. Video output from camera(s) used must be capable of producing NTSC-525 lines/60 fields. Resolution shall have a minimum 260 TV lines at center, for optimum color imagery and minimum lag through 10 foot candles, with Geometric 1 Distortion not to exceed 1.5 percent of Picture Height at any point in picture area. 3. The equipment shall be capable of a minimum of 240 lines horizontal resolution. Camera shall have character/time generators. VCR shall be General Mitsubish Model CS -1903 recorder/tuner, with adapter, connector plugs, and still frame capability. C. EXECUTION 1. The taped coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio description. Audio description shall be made simultaneously with video coverage. Such coverage shall include, but not be limited to, all existing driveways, sidewalks, fences, curbs, ditches, roadways, landscaping, trees, culverts, headwalls, retaining walls, or 1 01535-1 Section 01535 Video Tape Recordings buildings located within such zone of influence. Particular and detailed attention shall be given to any defects noted, such as cracks, disturbed areas, damaged items, or as may be required by the Engineer. It is the intent of this coverage to accurately and clearly document pre-existing conditions and especially any items that could result in construction claims. The excavation areas shall be physically •:marked with high -visibility fluorescent paint prior to video taping. The markings shall include the job number and stationing. 2. The zone of influence shall be defined as an area within 30 feet of the proposed work, and an additional 20 feet of supplemental coverage shall be provided in residential areas. 3. The Contractor shall be able to televise and tape areas with. paved roads, along co -owned easements, through parks, lawns, and open fields. If video taping on • private property, the Contractor shall give the Owner sufficient prior notice of such • entry so that property owners may be advised of and their permission obtained for the work. 4. To produce the proper detail and perspective, adequate lighting will be required to fill in the shadow area caused by trees, utility poles, road signs and other such objects in residential areas or as directed by the Engineer. 5. Houses and buildings shall be identified visually by house number, when visible, in such a manner that structures of the proposed system, i.e., manholes on.a sewer system and hydrants on a water system, can be located by reference. 6. The rate of speed in the general direction of travel of the conveyance used during taping shall not exceed 48 feet per minute in residential areas, nor exceed 100 feet per minute in non-residential areas. Panning rates and zoom-in/zoom-out rates shall be controlled sufficiently such that during playback will produce clarity of the object viewed. The playback picture shall be in focus and be of extreme clarity at all times. 7. All taping shall be done during times of good visibility. No taping shall be done during periods of visible precipitation, or when more than 10 percent of the ground area is covered with snow, unless otherwise authorized by the Engineer. 8. The Owner shall have the authority to designate what areas may be omitted or added. for audio -video coverage. 9. All tapes (cassettes and cases) shall be properly identified by tape number, location, and project name and municipality ina manner acceptable to the Owner. 10. A record of the contents of each tape shall be supplied by a run sheet identifying each segment in the tape by location, i.e., roll number, street or road viewing, tape counter number, viewing side, point starting from, traveling direction and ending destination point. . . I I i It 1 I 01535-2 .. i ■ '4. Section 01535 Video Tape Recordings 11. Conventional wheeled vehicles cannot be used. 12. Any portion of the video tape recording not conforming to Specifications shall be rejected. 13. Any taped coverage not acceptable to the Owner shall be refilmed at no additional charge. The Contractor shall reschedule unacceptable coverage five (5) days after being notified. 14. All taping shall be performed by Contractor and reviewed prior to construction. 15. One original and two copies are to be provided. Original to Owner; one copy to Engineer; and one copy to Contractor. END OF SECTION 01535-3 II Section 01620 Materials Storage/Handling I TECHNICAL SPECIFICATIONS STORAGE AND HANDLING OF MATERIALS A. GENERAL The Contractor shall be responsible for all material furnished by him and shall replace at his own expense all such material found defective in manufacture or damaged in handling after delivery by the manufacturer. This shall include the furnishing of all material and labor required for the replacement of installed material discovered defective a prior to the final acceptance of the work. J I I B. STORAGE OF MATERIALS The Contractor shall be responsible for the safe storage of material furnished by or to him and accepted by him, and intended for the work, until it has been incorporated In the completed project. The interior of all pipe, fittings and other accessories shall be kept free from dirt and foreign matter at all times. All materials shall be stored in strict conformance to the manufacturer's recommendations. C. HANDLING OF MATERIALS All materials furnished by the Contractor shall be delivered and distributed at the site by the Contractor. Pipe and accessories shall be loaded and unloaded by lifting with hoists or skidding so as to avoid shock or damage. Under no circumstances shall such materials be dropped. Pipe handled on skidways shall not be skidded or rolled against pipe already on the ground. In distributing the material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. Care of Pipe Coating and Lining. Pipe shall be so handled that the coating and lining will not be damaged. However, if any part of the coating or lining is damaged, the repair shall be made by the Contractor at his expense in a manner satisfactory to the Engineer. END OF SECTION 01620-1 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 Specific requirements for testing and certificates of compliance are set forth in the Technical Specifications for each item of work. END OF SECTION I I I 01660-1 Il Section 02110 Clear ROW/Fence Repair I TECHNICAL SPECIFICATIONS CLEARING RIGHTS OF WAY, CUTTING AND REPAIRING FENCES A. GENERAL The Owner has acquired both permanent and construction easements for the water line construction. The permanent and temporary easements vary in width along the entire length of the project. B. CLEARING RIGHTS OF WAY Parts of construction are indicated on the Plans as being through lawns, gardens, brush, timbered areas and fields of tall grass. There is not an extra pay item for the clearing of rights of way or for the disposing of brush, timber or other debris resulting from the = clearing operation. • 1. Brush. Timbered Areas. Fields. Where construction is indicated on the Plans as being through brush, timbered areas, and fields of tall grass, the Engineer shall stake the centerline of the proposed pipe line. The Contractor shall clear the rights of way of brush and other debris and do such right of way construction as is necessary to provide an adequate working area. Upon completion of this work, t the Engineer will then provide line and grade stakes required for construction. In clearing right of way, the Contractor shall remove only those trees necessary for the construction of improvements and which have been clearly marked for removal by the Engineer. Where water lines are to be constructed in close proximity to shade trees or other trees of significant value, the Contractor will be expected to work near the trees without removing or damaging them. The Contractor shall construct a free-standing protective wooden pen, 8 feet tall, around all trees in close proximity to the work which are not to be removed. Protective pens shall be maintained around trees until final cleanup and seeding or sodding have been completed. All brush, timber and other debris required to be removed from the construction of the work shall be hauled from the site and disposed of at the option of the Contractor. Burning of brush will be permissible, provided that there is full compliance with the provisions of all state and local agencies controlling and supervising these activities. A portion of the work is across private property in which livestock is at large. It is the responsibility of the Contractor to see that the livestock is kept in the original pastures. It has been found that wilted wild cherry leaves are poisonous to livestock. Consequently, wherever wild cherry is removed or damaged, the branches shall be removed immediately from the site of the work, and shall be burned or disposed of so that it will be impossible for the livestock to have access ' to them. 02110-1 I Section 02110 Clear ROW/Fence Repair 2. Lawns. Gardens, and Other Well -Kept Areas. Where construction is shown on the Plans as being through lawns, gardens, or other well -kept areas, the Engineer shall stake the general location of the rights of way, and shall provide line and grade stakes. The Contractor shall then clear any debris from the rights of way. expense. . All limbs and other debris requiring removal shall be hauled from the site and disposed of at the option of the Contractor. 3. Power Lines. Where the Plans show a portion of the line to be laid adjacent to or under power lines, it shall be the responsibility of the Contractor to make any arrangements with the power company for "tying off" poles. It shall also be the responsibility of the Contractor to take whatever steps are necessary to provide for the safety of the workmen and equipment when working in the vicinity of these power lines. The Contractor is advised of the extreme hazard to personnel from equipment contact or near contact with conductors of the transmission line. It is strongly recommended that low profile construction equipment be used and that a minimum .15. feet vertical clearance be maintained between any equipment and transmission conductors. Unless the water line is specifically set out to cross within the limits of the power line right of way, the Contractor shall not alter or work within the limits of the existing power line right of way; 4. Miscellaneous. Several signs, mailboxes, posts, fences, and other obstructions are to be removed and replaced along the right of way. These shall be removed and protected. After pipe construction is complete, they shall be replaced in their original conditions. 5. Fences - Cutting and Repairing. The Plans show fences to be crossed during the course of construction. •Prior to clearing the right of way, the Contractor shall tie off the existing fence as necessary on each side of the right of way so that when the fence is cut, the tension on the fence is not reduced. He shall then construct temporary gates and fences so as to maintain livestock in the original pasture during construction. There is no separate pay item for temporary gates. After construction and cleanup, the Contractor shall rebuild the fences. across the right of way. 6. Few. Fencing shall be replaced according to the type of fence to be crossed • during construction using new materials which are equal to or: better than the original fencing materials. Where removal, replacement or repair of a chain link, ornamental iron, wood, rock or masonry fence is required, the Contractor shall retain a qualified specialty contractor to perform the work. END OF SECTION 02110-2 I II I 11 I1 Section 02113 Surface Removal TECHNICAL SPECIFICATIONS SURFACE REMOVAL A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, and incidentals necessary for removing surfaces within the limits of lawns, gardens, mowed, cultivated, or other well -kept areas or within the limits of any paved or unpaved driving surface. This specification does not apply to state or interstate highways, or driving surfaces within railroad rights of way unless otherwise directed by the Engineer. B. ALLOWABLE REMOVAL In all areas where water lines, air release valve manholes, and other appurtenances are to be constructed, the surface shall be removed prior to excavating the trench. There is no pay item for surface removal and surface removal shall be considered part of trench excavation. The allowable limits of removal are dependent upon the type of area in or through which construction occurs and are set out below. No payment for surface repair will be made outside the width of allowable removal. 1. Lawns. Gardens Mowed or Cultivated Areas, and Other Well -Kept Areas. In these areas, the Contractor shall excavate the top 6 inches of topsoil from the ditch line and store such along the ditch line so that it does not become mixed with the remaining excavation. The width of allowable surface removal shall be the standard trench width as shown on the detail sheet of the Plans, or the depth of the trench to the existing water flow line at its deepest point, whichever is greater. The length of ground cover removed for the installation of pipe, fittings, manholes, or other appurtenances shall be the linear dimension of such structure plus 6 inches. 2. Wooded and Rocky Areas, In wooded or rocky areas the ground cover shall be removed as set out in paragraph B.1 above except that the Contractor is not required to separate and store the top 6 inches of topsoil along the ditch line. 3. Driving Surfaces. Excavation within the limits of any driving surface, including paved and gravel streets or roads, driveways or parking areas shall be in accordance with the following specifications. The Contractor shall remove pavement and road surface as a part of the trench excavation, and the amount removed shall depend upon the width of trench specified for the installation of pipe, and the width and length of pavement area required to be removed for the installation of pipe, fittings, manholes, and other 02113-1 I Section 02113 Surface Removal appurtenances. The Contractor. shall use such methods, either drilling, chipping or sawing as will assure the breaking of the pavement along straight lines. The face of the remaining pavement shall be approximately vertical. Driving surface pavement and road surfaces shall be removed to the dimensions set out below depending upon the type of driving surface to be removed. a. Asphaltic Pavement Removal. Asphaltic pavements shall•be removed in accordance with the dimensions set out below. 1) Removal of Pavement for Water Line Construction. The width of asphaltic pavement removed along the normal trench line for the removal and/or installation of pipe, fittings, or other appurtenances shall be the standard trench width as defined on the detail sheet of the Plans plus 18 inches each side of the standard trench. The length of the asphaltic pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 6 inches. b. Concrete Pavement Removal. Concrete pavements shall be removed in accordance with the dimensions set out below. 1) Removal• of Pavement for Water Line Construction. The width of concrete pavement removed along the normal trench line for. the removal and/or installation of pipe, fittings, or other appurtenances shall be the normal trench width as defined on the detail sheet of the Plans plus 12 inches on each side of the trench. The length of the concrete pavement to be removed for the installation of pipe, fittings, or other appurtenances shall be the linear dimension of such structure plus 6 inches. c. .. Unpaved Drivina,Surfaces.' Gravel, dirt, or other unpaved driving surfaces shall be removed as follows. 1) Removal of Surface for Water Line Construction. The Width of unpaved surface removed along the normal trench line for the installation of pipe shall be the. standardtrench width as defined on the detail sheet of the Plans.' The length of unpaved surface removed along the normal trench line - for the installation of fittings or other appurtenances shall be the dimension of such structure plus 6 inches. 02113-2 '6 HI H Section 02113 Surface Removal 4. Additional Surface Removal. Wherever, in the opinion of the Engineer, existing conditions make it necessary or advisable to remove additional surfaces, the Contractor shall remove it as directed by the Engineer. No extra compensation will be allowed for the extra surface removal. However, additional payment will be made at the unit price bid for the appropriate surface repair/replacement item as set out under the Methods of Measurement and Payment Section of these Specifications. However, if the Contractor removes or damages pavements beyond the limits specified above without approval of the Engineer, such surfaces shall be replaced or repaired at the expense of the Contractor. END OF SECTION 02113-3 II I I1 IA. GENERAL TECHNICAL SPECIFICATIONS PLACING PIPE PROTECTION COVER AND COMPACTED BACKFILL Section 02221 Backfilling The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for backfilling areas excavated during the construction of manholes, water lines, valves, fittings, fire ' hydrants, and other appurtenances. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. Areas of construction within creek or river crossings, county roads, or state highways shall be backfilled in accordance with other sections of these Specifications. B. MATERIALS Crushed Stone Backfill. Crushed stone backfill (where specified or directed by the Engineer) shall be AHTD aggregate base course, Class 7, as defined in the latest edition of the Arkansas State Highway Department Specifications. The Contractor shall submit suppliers' certificates stating that the material provided is in accordance with these i Specifications. C. CONSTRUCTION Areas excavated for the construction of manholes, water lines, valves, fittings, and other appurtenances shall have pipe protection cover placed, and shall be backfilled in accordance with these Specifications. Pipe Protection Cover. Pipe protection cover to a depth of 12 inches above the top of the pipe shall consist of select material free from rocks larger than 2 inches, and may require hand placement. However, should the material excavated from the trench be completely free of rock larger than 2 inches, the trench may be machine backfilled. Should the excavated material not be suitable for machine backfill or hand placement, the Contractor may, at his option, use crushed limestone (as set out in the Pipe Sections of these Specifications) to a depth of 6 inches above the top of the pipe. The trench may then be backfilled as outlined below. ' When water line construction is within and approximately perpendicular to or • crossing curb and gutter, a street or other driving surface, the pipe protection cover shall consist of granular base trench backfill as defined above. The pipe protection cover shall be placed from the springline of the pipe to a point 12 inches above the top of the pipe by the trench width. 2. Backfilling. After the pipe protection cover has been placed, the trench excavated areas around manholes, valves, fittings, fire hydrants and other appurtenances 02221-1 I Section 02221 Backfilling shall be backfilled with excavated material free from rock larger than .12 inches and in accordance with the following Specifications, depending upon the type of area in which excavation occurs. Extra care shall be exercised around manholes, valves and hydrants to assure that the backfill material is placed evenly around the perimeter of the appurtenance. a. Compaction. All pipeline trench backfill shall. be placed in layers of appropriate thickness and compacted using a mechanical, hydraulically - powered vibratory trench compactor or other equivalent equipment. All trench backfill (except under paved areas) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soils. In areas where the trench crosses a street, parking lot or driveway, the material shall be compacted to a minimum of 95 percent of that of the adjacent soils. Crushed stone trench backfill where required shall be compacted to 95 percent modified Proctor density (ASTM D1557-78). The density of backfill material, including crushed stone trench backfill, shall be determined at locations selected by the Engineer at no less than 500 foot intervals. Two additional tests will be made for each test failure at approximately 100 feet either side of failing test. The test shall be conducted at a depth of 12 to 18 inches below the finished grade prior to the placement of the topsoil: All surfaces to be paved will be tested at various depths below grade. Unpaved roadway surfaces shall be tested at 12 inches below finished grade. The cost for performing all density tests shall be borne by the Contractor. The test shall be performed by a qualified soils laboratory technician approved by the Engineer. The equipment procedures shall also be approved by the Engineer. • b. Driving Surface Crossings (Perpendicular to Centerline). In all areas where excavation crosses within the limits of any driving surface, including paved and gravel streets or roads, driveways and parking lots, the trench shall be backfilled in 8 inch lifts and compacted to 100 percent of adjacent materials• with excavated material to a point 12 inches below the existing surface. The top 12 inches of the trench shall then. be backfilled and compacted to• 95 percent of modified Proctor density (ASTM 1557-78) with granular base backfill (ABC, Class 7) immediately upon completion of the aforementioned portion of the backfilling.operation. The backfill shall be compacted or allowed to settle sufficiently to assure thorough consolidation of the material prior to making the pavement repair: The intent of these Specifications is • to ensure that no settlement of the trench occurs after, cleanup or final • repair of street surfaces. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. Driving surface repairs shall be made in accordance with the Specifications governing the 02221-2. I I LJ 1I 1 F Section 02221 Backfilling type of pavement repair to be made. c. Parallel to Driving Surfaces (Excluding State Highways). In all areas where excavation is parallel to and within the limits of any driving surface, the ' trench shall be backfilled in 8 inch lifts and compacted to 100 percent of adjacent material with excavated material to a point 12 inches below existing surface. The top 12 inches of the trench shall be backfilled and ' compacted to 95 percent of modified Proctor density (ASTM 1557-78) with granular base backfill (ABC, Class 7) immediately upon completion of the aforementioned portions of the backfilling operation. The intent of these ' Specifications is to ensure that no settlement of the trench occurs after cleanup or final repair of street surfaces. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. ' Driving surface repairs shall be made in accordance with the Specifications governing the type of pavement repair to be made. d. Lawns Gardens and Other Well -Kept Areas. After the pipe protection cover has been placed, the trench shall then be backfilled and compacted with excavated material. Topsoil stored along the trench line shall then be replaced to a minimum depth of 6 inches over the trench and 3 inches over all damaged surfaces. In the event there is insufficient topsoil stored along the ditch line to accomplish the topsoiling requirement, then the Contractor shall haul in additional topsoil to meet this requirement and shall do so without additional cost to the Owner. The topsoil over the trench shall be left slightly rounded in order to allow for some settlement. It is the intent ' of these Specifications to ensure that no settlement of the trench occurs after seeding and mulching the areas. In the event such does occur, it will be the responsibility of the Contractor to repair the settled areas. e. Mowed or Cultivated Areas (Excluding Gardens). The requirements for backfilling in these areas is identical to that specified in paragraph b above, ' exce t that it is the intent of the Specifications to replace the top 6 inches of the soil using the excavated topsoil, regardless of the quality of that material. Only when the Contractor allows the material excavated from the top of the trench to become mixed with the remaining excavation will he be required to haul in additional material to replace the top 6 inches. If the Contractor is required to haul in additional material, he shall haul in good grade topsoil (free of roots, weeds, clay and rocks, and from a source approved by the Engineer) and shall do so without additional cost to the Owner. f. Steep. Wooded or Rocky Areas. After the pipe protection cover has been placed, the trench shall be backfilled with excavated material. The trench shall be compacted to ensure that the backfill.has been thoroughly consolidated. The trench backfill material shall be left slightly rounded to allow for additional settling. 02221-3 Section 02221 Backfilling g. Sidewalks, Curb and Gutter Crossings.- In all areas where excavation U crosses or is parallel to and within the limits of a sidewalk or curb and gutter, the trench shall be backfilled with aggregate base course, Class 7, as specified in paragraph 2.a above. 3. Cleanup. Cleanup shall -be as specified elsewhere in these Specifications. , END OF SECTION (19991-d Section 02454 W/L @ Stream & Creek Crossings TECHNICAL SPECIFICATIONS WATER LINES AT STREAM AND CREEK CROSSINGS 1 A. GENERAL The work to be included under this section of the Specifications shall consist of providing ' all materials, labor, equipment, supplies and incidentals necessary for the construction of concrete encased water lines at stream and creek crossings. B. MATERIALS 1. Water Lines at Stream and Creek Crossings. The water line shall conform to the ' requirements of that section of the Specifications governing water lines. 2. Concrete. Concrete shall conform to the requirements of the Concrete section of these Specifications, except that one additional bag (94 pounds) will be added to the approved mix design. IC. CONSTRUCTION OF CONCRETE -ENCASED CREEK CROSSINGS Concrete encased creek crossings shall be made at the locations shown on the Plans or hereinafter specified and shall be made in conformance to these Plans and Specifications. 1. General. The concrete encased creek crossing shall generally consist of excavating the trench to the depth set out below, placing concrete around the pipe to the dimensions shown on the Plans, and backfilling the trench. 2. Required Depth of Cover. The required depth of cover may vary depending upon whether solid rock is present within a distance of 96 inches below the lowest elevation of the streambed. a. Solid Rock is Not Present. In the event solid rock is not present within the limits of the crossing and within a depth of 96 inches below the lowest elevation of the streambed, the required depth of cover shall be a minimum of 5 feet from the lowest point in the streambed to the top of the encasement. b. Solid Rock is Present Across the Entire Streambed. In the event solid rock is present across the entire limits of the crossing and within a depth of 96 inches below the lowest elevation of the streambed, the Contractor shall install the pipe so that the top of the encasement is a minimum of 6 inches below the top of the rock, but in no case less than 2 feet below the low point in the streambed. c. Solid Rock Present Across Only Part of the Streambed. In the event solid rock is present across only a portion of the streambed, the pipe shall be 02454-1 Section 02454 W/L @ Stream and Creek Crossings placed in accordance with either a or b above, whichever is the deeper,. across the entire streambed. 3. 4. 5. Concrete. Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Placement of Encasement Under Water. The Contractor will be allowed to place concrete under water upon approval by the Engineer. However, the water must be in a static state and must not be flowing through the area of placement. Any concrete placed under water shall have one additional bag (94 pounds) of cement added to the specified concrete mix. Backfilling the Trench. After placing the concrete encasement, the trench may be backfilled as soon as the concrete has taken its initial set. The backfill shall be placed so as to prevent erosion and in such a manner that there is no change in preconstruction streambed contours. END OF SECTION I Section 02461 I u 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). I C. TESTING ' All testing, gradation, plasticity, modified Proctor standards, and in -place densities of aggregate base course, Class 7, shall be performed by a laboratory acceptable to the Engineer. All costs associated with the required testing shall be borne by the Contractor. ' The number of tests required shall be one per street crossing, one per driveway location, one per parking lot location (unless otherwise directed by the Engineer due to lack of consistency or failure of tests by Contractor), and one per 200 linear feet of trench bottom where overexcavation required trench filling, to be taken at the locations directed by the Engineer. Any retest or tests performed at the option of the Contractor shall be at the expense of the Contractor and shall not be included in the number of tests specified previously. [1 I END OF SECTION 02461-1 Section 02499 Li Driving Surface Repair I I I I I S 1 1 I Ii U I 1 I PT H J TECHNICAL SPECIFICATIONS DRIVING SURFACE REPAIR A. GENERAL The work to be included under this section of the Specifications shall consist of providing all labor, equipment, tools, supplies, and incidentals necessary for the repair of driving surfaces. This specification is intended for any driving surface, paved or unpaved, including but not limited to streets, roads, driveways, and parking lots. unless •B. MATERIALS by the Engineer. Prime Coat. Prime coat material shall be Grade MC -30 as set forth in the latest edition of the Arkansas State Highway Department Standard Specifications. 2. Tack Coat. Tack Coat material shall be Grade SS -1, as set forth in the latest edition of the Arkansas State Highway Department Standard Specifications. 3. Hot -Mixed. Hot -Laid Asphaltic Concrete. The hot -mix asphalt surface course shall conform in composition to the weights and gradation of Type 2 asphalt as set forth in the latest edition of the Arkansas State Highway Department Standard Specifications, using asphalt cement viscosity grade AC -30. 4. Concrete. Concrete shall be as defined elsewhere in these Specifications. 5. Reinforcing Steel. Reinforcing steel shall be as defined elsewhere in these Specifications. 6. Crushed Stone Base. Crushed stone base shall be in conformity with the gradation and hardness requirements as set forth in the latest edition of the Arkansas Highway Department Standard Specifications, aggregate base course, Class 7. The crushed stone supplier shall submit certificates stating that the materials provided are in conformance with these specifications. 7. Curb and Gutter Joint Sealer. Curb and gutter joint sealer shall be either Type 1, Type 2, or Type 3 in accordance with the latest edition of the Arkansas State Highway Department Standard Specifications. C. REFERENCED MATERIALS AND CONSTRUCTION The following Specifications are hereby referenced and made a part of these Specifications. These Specifications are contained in the "Standard Specifications for Highway Construction," latest edition, published by the Arkansas State Highway Commission. The page numbers given below refer to pages in these "Standard 02499-1 Section 02499 , Driving Surface Repair Specifications for.Highway Construction." These Specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway Department, Little Rock, Arkansas, and are set out below. • Asphalt Pavement. Part 400 Panes ' Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 .............................. 117-120 • Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 .................•... 124-127 Asphalt Concrete Hot -Mix Surface Course, Section 406 .......... 133-135 Materials and Equipment for Asphalt Concrete Hot -Mix Binder and Surface Courses, Section 409 .. . . ... . . . . . . . . 140-151 Construction Requirements for Asphalt Concrete I. Hot -Mix Binder and Surface Courses, Section 410 ............. 151-158 D. CONSTRUCTION 1. Pavement Removal. Pipe Protection Cover and Backfill. The pavement shall be removed, pipe protection cover placed, and trench backfilled in accordance with• , the appropriate Pipe Specification. . All pavements which have been removed or damaged shall ;be repaired in accordance with • these Specifications depending upon the type of pavement existing prior to construction. No payment for repair will be made for pavements damaged outside the width of allowable removal set out elsewhere in these • Specifications. • a. Asphaltic Pavement Repair. After the trench has been backfilled, the I • trench shall be permitted to settle. After this time the permanent repair shall be. made as follows. The existing pavement shall be saw. -cut and removed to a point 18 inches beyond the trench line limits, and brought to grade 3 inches below the top of the existing pavement. This area shall then be resurfaced by applying asphaltic cement prime coat at the rate of 0.25 gallons/square yard, followed by a minimum of 3 inches of hot -mixed, hot -laid asphaltic concrete, laid to: an elevation matching the existing finished grade. The hot -mixed, hot -laid .asphaltic. concrete shall be compacted to 92 percent of theoretical density. • One nuclear densometer test per ,asphaltic patch or repair shall be performed. The cost of determining the compacted density shall be at the ' i7 Section 02499 n J I Li I L fli I I I I I I I 1 Driving Surface Repair expense of the Contractor. The asphaltic pavement repair shall be deemed acceptable by the Engineer upon a passing nuclear densometer test at a location as directed by the Engineer. The cost of determining the compacted density shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/or recompacted and retested at the Contractor's expense. b. Unpaved Driving Surface Repair. After the trench has been backfilled and allowed to settle as set out elsewhere in these Specifications, the surface shall be brought to the existing grade with additional crushed stone base. 2. Barricades Guards and Safety Provisions. To protect persons from injury and to avoid property damage, adequate barricades, construction signs, warning lights and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the highway. All material piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences or barricades and shall be protected by proper lights when the visibility is poor. Execution of all necessary safety precautions is the sole responsibility of the Contractor. 3. Maintenance of Traffic and Closing of Streets. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the Contractor shall provide suitable bridges at street intersections and driveways. The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a proper maintenance of traffic. 4. Piling Excavated Material for Reuse. All excavated material which is to be reused shall be piled in a manner that will not endanger the work and that will avoid obstructing sidewalks and driveways. Hydrants under pressure, valve pit covers, valve boxes, curb stop boxes, fire and police call boxes, or other utility controls shall be left unobstructed and accessible until the work is completed. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural water courses shall not be obstructed. 5. Removal of Excess Material. All excess excavated material shall be loaded in trucks during the excavating operation, hauled from the job site and disposed of at the direction of the Contractor. 6. Cleanup. Cleanup of areas behind the curb and gutter and around sidewalks shall be as set out elsewhere in these Specifications. END OF SECTION I 02499-3 Section 02510 Street/County Road Crossings TECHNICAL SPECIFICATIONS STREET AND COUNTY ROAD CROSSINGS A. GENERAL This item shall consist of obtaining permits and posting bonds and/or deposits which may ' be required by the Washington County Road Department and the City of Fayetteville, and providing all labor, equipment, tools, supplies and incidentals necessary for the crossing, maintaining and restoring streets and roads to the satisfaction of the permitting entity. The work shall include every item of work necessary for a complete and acceptable installation. ' B. MATERIALS 1. Pioe Bedding Material. Pipe bedding material shall be as specified elsewhere in these Specifications. 2. Crushed Stone Backfill. Crushed stone backfill (where specified) shall be as ' specified elsewhere in these Specifications for crushed stone base. 3. Crushed Stone Base. Crushed stone base shall be as specified elsewhere in ' these Specifications. 4. Prime Coat. Prime coat material shall be Grade MC -30 as set forth in the latest edition of the Arkansas State Highway and Transportation Commission Standard ' Specifications. ' 5. Asphaltic Concrete Hot -Mixed Surface Course. The asphaltic concrete hot -mixed surface course shall be Type 2 as set forth in the latest edition of the Arkansas State Highway and Transportation Commission Standard Specifications. 6. Portland Cement Concrete. Concrete shall be as defined elsewhere in these Specifications. 7. Casing Pipe. Unless otherwise shown on the Plans, all casing pipe shall be welded or seamless new steel pipe having a wall thickness as shown on the Plans ' and a minimum yield strength of 35,000 pounds per square inch. 8. Casing Spacers and End Seals. Casing spacers for use in the casing pipe shall be Model SSI (12 inch band, runners 2 inches wide and 11 inches long), as manufactured by Advance Products and Systems, Inc., or approved equal. The end seals shall be Model AW wrap -around end seal as manufactured by Advance Products and Systems, Inc., or approved equal. • C. REFERENCED MATERIALS AND CONSTRUCTION The following specifications are hereby referenced and made a part of these 02510-1 Section 02510 Street/County Road Crossings Specifications. These specifications are contained in the "Standard Specifications for Highway Construction," latest edition, published by the Arkansas State Highway and Transportation Commission. The page numbers given below refer to pages in these "Standard Specifications for Highway Construction." : These specifications are available for inspection in the Engineer's office, or may be obtained from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas, and are set out below. Asphalt Pavement. Part 400 Pages Prime and Tack Coats and Emulsified Asphalt in Base Course, Section 401 ..... . . . . . . . . . . . . . . . . . . . . . . . . 117-120 Materials and Equipment for Prime Tack and Asphalt Surface Treatments, Section 403 .................... 124-127 Asphalt Concrete Hot -Mix Surface Course, Section 406 .......... 133-135 Materials and Equipment for Asphalt Concrete , Hot Mix Binderand Surface Courses, Section 409 .............. 140-151 - Construction Requirements for Asphalt Concrete , Hot -Mix Binder and Surface Courses, Section 410 ............. 151-158 D. EXECUTION H The Contractor shall obtain required permits, and post required bonds and/or deposits with the permitting entities. Street crossings in the City of Fayetteville shall be performed in accord with the City of Fayetteville Code of Ordinances. The Washington County Road Department shall be contacted regarding bonding requirements. The Contractor shall provide and maintain during his construction activities adequate barricades, construction signs, torches, . lanterns and guards as required to protect persons from injury and to avoid property damage. All materials piles, equipment and pipe which may serve as obstructions to traffic shall be enclosed by fences and/or barricades and shallbe protected. by adequate torches and lanterns. Execution of adequate safety precautions set. forth in the General and Special Conditions is the sole responsibility of the Contractor. The Contractor shall carry on the work in a manner which will cause the least interruption to traffic, and may close to through travel not more than two consecutive blocks, including the cross street intersected. Where traffic must cross open trenches, the, contractor shall provide suitable bridges at street intersections and driveways. I The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs fora proper maintenance of.traffic. ' 02510-2 • Section 02510 Street/County Road Crossings I The Contractor shall obtain permission from the City and notify the fire department, ambulance service, etc., prior to closing of any street. All areas excavated for the construction of water lines and appurtenances within city ' streets and/or county roads shall have bedding, pipe protection cover and backfill placed as specified elsewhere in these Specifications, and as detailed on the Plans. Crushed stone base shall be placed and compacted to 95 percent of modified Proctor density (ASTM D1557-78), as shown on the Plans. ' All asphaltic surfaces shall be replaced with asphaltic concrete hot -mixed surface course. Asphaltic concrete hot -mixed surface course, Type 2, shall be constructed as specified herein, and as shown on the Plans. ' All Portland cement surfaces shall be replaced with Portland cement concrete. Portland cement concrete surfacing shall be constructed as specified elsewhere in these Specifications, and as shown on the Plans. All unpaved driving surfaces shall be replaced with crushed stone base as specified elsewhere in these Specifications, and as shown on the Plans. All street and county road right-of-way disturbed by construction of these water facilities 'shall be restored to its original or equivalent condition as required by the permitting entity. ' E. SPECIAL CONDITIONS The majority of this project is to be constructed within county road right-of-way, and will ' require asphalt overlay for a total length of about 13,000 linear feet. The Washington County Road Department requires a bond in the amount of $120,000 ' which shall be posted by the Contractor. Shoulder of roadway shall be reconstructed to the level of new overlay using crushed stone base. END OF SECTION I I 02510-3 Section 02565 DIP W/L H TECHNICAL SPECIFICATIONS DUCTILE IRON PIPE AND DUCTILE IRON PIPE FITTINGS FOR WATER LINES A. GENERAL ' The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of ductile iron pipe water lines. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. ' B. MATERIALS 1. Ductile Iron Pipe and Ductile Iron Pipe Fittings With Push -On or Mechanical Type Joints. Unless otherwise shown on the Plans or specified, all pipe and pipe fittings furnished on this project shall be ductile iron, with either push -on or mechanical type joints. Flanged pipe or pipe fittings shall be used only as indicated on the Plans, and shall be in conformance with this Specification. a. Ductile Iron Pipe (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. Pipe shall be the ' pressure class as set out below: 18 Inch & 16 Inch - Pressure Class 250 12 Inch & 6 Inch - Pressure Class 350 b. Ductile Iron Pipe Fittings I 1) Ductile Iron Pipe Fittings (3 Inch through 24 Inch and 54 Inch 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." 2) 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 C110/A21.10, latest revision, for "Ductile -Iron and Gray -Iron Fittings, 3 In. Through 48 In. (75 mm through 1200 mm), for Water and Other Liquids." I 02565-1 Section 02565 DIP W/L - c. 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 t . and Fittings," ANSI/AWWA C111/A21.11, latest revision. d. Restrained Joints. All fittings shall be mechanical joint type. 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 shall be ductile iron heat -treated to a minimum hardness of 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 Cl53/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. e. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using MJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option. f. Adapters. Foster adapters are approved for use for restraint of valve ' and/or fittings. 2. Cement Mortar Lining. All ductile iron pipe and ductile iron pipe fittings shall have a standard thickness cement mortar lining in conformance to ANSI/AWWA C104/A21.4, latest revision, "Cement -Mortar Lining for.. Ductile -Iron Pipe and Fittings for Water. 3. 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. a. Factory Primed Pipe. Unless otherwiseshown on the Plans, all exposed pipe and fittings within the limits of structure walls or all pipe exposed above ground shall be delivered to the job.site factory blasted, cleaned and primed with one coat of Kop-Coat Pug Primer or Kop-Coat 340 Gold Primer, or approved equal compatible with paint systems to be provided by 02565-2 v Vs- 1 ..:. Section 02565 DIP W/L the Contractor. ' b. Bituminous Coating. All pipe and fittings indicated for buried service shall have a bituminous coating approximately 1 mil thick. The coating shall be factory applied to the outside of all pipe and fittings. The finished coating • shall be continuous, smooth, neither brittle when exposed to the cold nor sticky when exposed to the sun, and shall be strongly adherent to the pipe or fitting. 4. Ductile Iron Pipe Joint Lubricant. Joint lubricant shall be provided by the pipe ' manufacturer, and applied as per the manufacturer's recommendations. 5. Crushed Stone Trench Backfill. Crushed limestone trench backfill, where required, shall be AHTD aggregate base course, Class 7, as defined in the latest edition of • the Arkansas State Highway Department Specifications. The crushed limestone supplier shall submit certificates stating that the materials provided are in conformance with these Specifications. 6. Concrete. Concrete used for reaction backing, pipe cover, or pipe encasement ' shall be in conformance with the Concrete section of these Specifications. 7. Affidavits of Compliance and Independent Laboratory Inspection. All ductile iron ' pipe and ductile iron pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The manufacturer shall furnish to the Engineer, prior to delivery, certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipes proposed to be furnished. If evidence appears that all provisions of the applicable ASTM/AWWA Standards ' have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the ' Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 8. Polyethylene Encasement. All ductile, cast or iron 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. ; 9. Polyvinyl Chloride Pipe Embedment Material. Pipe embedment materials shall be: ' 02565-3 Section 02565 ' DIP W/L a. Block chat as produced by McClinton -Anchor Company, with 100 percent passing a 3/8 inch sieve. b. Sand. c. Materials meeting either ASTM 0448 Size No. 67 or ASTM D2774. In no case shall the maximum dimension of rock exceed 0.50 inch; nor shall any products that contain lead be used. C. DUCTILE IRON PIPE WATER LINE CONSTRUCTION , 1. General. The Contractor shall, unless otherwise specified, furnish all material, equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and ..support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights,; lay and test the • pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated; remove surplus excavated material; clean the site of the work; and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Ductile Iron Pipe. Ductile iron pipe and ductile iron pipe fittings shall be , installed in conformance with the recommendations of AWWA C600, latest revision, for "Installation of Ductile Iron Water Mains and Their Appurtenances," and in conformance with the Specifications hereinafter set out. 4. Requirements Preparatory to Trench Excavation. In all areas where water lines, valves, or other appurtenances are to. be constructed, the existing surface shall be removed prior to excavating the trench. There, is no pay item for these requirements and shall be considered part of the trench excavation. These requirements are dependent upon the type of area in which waterline construction occurs and are set out elsewhere in these Specifications. 5. Trench Excavation. All excavation of any nature shall be unclassified and .payment for same shall be included in the price bid. ' The trench shall be excavated so that. the pipe can be laid to the alignment and depth required, and it shall be excavated only so far in advance of pipe laying as • set out elsewhere in this Specification. 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. - 02565-4 ISection 02565 DIP W/L ' The Contractor shall proceed with caution in the excavation and preparation of the trench so that the exact location of underground structures, both known and unknown, may be determined, and he shall be held responsible for the repair of such structures when broken or otherwise damaged. a. Trench Depth. The trench shall be excavated to at least 4 inches below the grade required to provide a minimum of 36 inches of pipe cover. This pipe cover shall be measured and is defined as follows. (1) Land Level Normal to the Direction of the Pipeline. A minimum of 36 inches of cover shall be provided. This cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. ' (2) Cut Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the ' adjacent low surface of the right of way. (3) Fill Sections. A minimum of 36 inches of cover shall be required. This cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill. b. Trench Width. The excavated water line trench shall not exceed the width as shown on the standard detail sheet of the Plans at any point from the trench bottom to a point 12 inches above the top of the pipe barrel. If the Contractor overexcavates the trench, he shall provide additional pipe bedding gravel or concrete as necessary to prevent crushing of the water pipe due to excessive earth loads. All additional bedding material or tconcrete required shall be furnished at the Contractor's expense. c. Trench Length. The Engineer shall have the right to limit the amount of t 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. Every trench in rock shall be fully opened at least 50 feet in advance of the place where pipe is being laid. 6. Ductile Iron Pipe Embedment. After the trench has been excavated as set out above, the ductile iron pipe shall have a bed prepared according to the type of ' area through which construction is proceeding. a. Pipe Embedment. The ductile iron pipe shall be bedded in embedment 1 material as specified elsewhere in these Specifications. The pipe shall be bedded from a point 6 inches below the bottom of the pipe barrel to the pipe springline by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled with pipe embedment material at the Contractor's expense. The additional material required will be placed in 8 I 02565-5 Section 02565 ' DIP W/L 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. There is no separate pay item for embedment material. This item shall be subsidiary to the pipe. I. b. - PiDe Embedment and Backfill (Driving Surfaces.. Curb and Gutter. or Areas Underlain by Solid Rock). Where the water line excavation is within the limits and approximately perpendicular to or crossing curb and gutter or driving surfaces, including paved and unpaved roads, driveways or parking lots, the bedding material shall be aggregate base course, Class 7. Where the bottom of the trench is solid rock, the pipe bedding material shall be aggregate base course, Class 7. All overexcavation below the pipe shall be backfilled with pipe bedding ' material at the Contractor's expense. .The additional material required will be placed in 3 inch lifts and thoroughly tamped. This procedure will be repeated until the established :grade has been reached. All pipe bedding shall be tamped so as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. ■ Where trenches are under existing or proposed driving area, the entire trench up to a point 2 feet below existing or proposed subgrade shall be backfilled with AHTD Class 7 ABC and compacted to 90 percent modified Proctor density as determined by AASHTO T-180. The remaining 2 feet shall be backfilled with AHTD Class 7 ABC placed in 6 inch lifts and compacted to 95 percent modified Proctor density as determined by AASHTO t180. 7. Excavation in Poor Soil and Refilling to Grade. Where the bottom of the trench ' at subgrade is found to be unstable or to include ashes, cinders; all types of refuse, vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of. the Engineer should be removed, the Contractor shall excavate and remove such unsuitable material to the width and depth ordered by the Engineer. Before the pipe is laid, the subgrade shall be made by backfilling with aggregate base course, Class 7, 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. Extra payment will be made for the additional trench backfill required in accordance with the Methods of Measurement and Payment section of these Specifications. However,, no additional compensation will be made to the Contractor for the additional excavation. 8. Bracing and Shoring. The sides of any excavation, when deemed necessary, shall be properly supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall. be withdrawn as the work. progresses. In case the excavation is close enough to buildings or. other foundations as to endanger their stability by the removing of such bracings, then they shall be made secure and left. in place, and the water line trench backfilled and thoroughly tamped with the. 02565-6 I I I I I I I I I I I I Section 02565 DIP W/L ey . bracing in place. The Contractor will not be paid for such bracing, sheeting, or shoring whether it is withdrawn or left in the trench. 9. Removal of Water and Muck. The Contractor shall provide sufficient pumps and other necessary equipment to keep the trench free of water which may accumulate. If the bottom of the trench becomes soft and muddy, the Contractor shall remove all such soft material and replace it with dry loam, sand, or crushed limestone bedding gravel at his own expense. Under no conditions will ductile iron pipe water line be laid in a trench that has not been properly dewatered. 10. Deviations Occasioned by Other Structures. Whenever obstructions not shown on the Plans are encountered during the progress of the work and interfere to such an extent that an 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. 11. Concrete Reaction Backing. All ductile iron pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet of the Plans 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. 12. Concrete Pipe Cover. Where shown on the Plans or otherwise directed by the Engineer, concrete cover shall be placed over the top of the water line to the dimensions shown on the Plans. Where in the opinion of the Engineer additional concrete cover is required, it shall be provided and installed by the Contractor. 13. Concrete Encasement. Where shown on the Plans or otherwise directed by the Engineer, the water line shall be encased in concrete to the dimensions shown on the Plans. Where in the opinion of the Engineer additional encasement is required, it shall be provided and installed by the Contractor. Pipe joints shall not be encased for a distance of 2 feet either side of the joint. 14. Replacement and Repair of Driving Surfaces. Replacement and repair of driving surfaces shall be made in accordance with these Specifications, as applicable. 15. Polyethylene Encasement. Polyethylene encasement shall be provided on all buried fittings, and on ductile iron pipe where shown on the Plans, in accordance with ANSI/AWWA C105/A21.5, latest revision, for either Method A, B, or C installation. Double thickness of polyethylene encasement shall be provided on ductile iron pipe and fittings at the locations as shown on the Plans. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. 16. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED WATER LINE BELOW" printed along the tape in 1-1/4 inch I 02565-7 Section 02565 DIP W/L 1 minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. I END OF SECTION I ISection 02566 Polyethylene Encasement TECHNICAL SPECIFICATIONS POLYETHYLENE ENCASEMENT ' A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for polyethylene encasement of pipe, fittings, valves and other appurtenances as shown on the Plans and hereinafter specified. B. MATERIALS ' Polyethylene Encasement. Polyethylene shall be in conformance to ANSI/AWWA C105, latest revision. The polyethylene film shall have a minimum nominal thickness of .008 inch (8 mils), and shall be provided in either flat tube or sheet form, at the option of the Contractor. C. LOCATION ' Polyethylene encasement shall be provided on all buried ductile iron pipe and fittings. Double thickness of polyethylene encasement shall be provided on ductile iron pipe and fittings at the locations as shown on the Plans. D. CONSTRUCTION Polyethylene encasement shall be installed in accordance with ANSI/AWWA C1 05, latest revision, for either Method A, B or C installation. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. END OF SECTION I I I I 1 02566-1 I Section 02567 Pipe Culverts I I I I I TECHNICAL SPECIFICATIONS PIPE CULVERTS 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 the construction of pipe culverts and flared end sections for pipe culverts according to these Specifications, of the type, size, and dimensions shown on the Plans and in conformity with the locations, lines, and grades shown on the Plans, or as directed. B. MATERIALS AND EXECUTION Materials and design requirements for the several types of pipe culverts shall comply with the following: 1. Zinc Coated (Galvanized) Corrugated Steel Pipe. The manufacture and furnishing of zinc coated (galvanized) corrugated steel pipe shall be according to AASHTO M36 and M218. C. CONSTRUCTION 1. Coupling Bands. Except as otherwise required herein, coupling bands and other hardware for corrugated metal pipe shall comply with the requirements of AASHTO M36 for steel pipe and M196 for aluminum pipe. Coupling bands shall be made of the same base metal and coating (metallic or otherwise) as the pipe. Band widths shall be as specified in AASHTO M36 and M196. Pipes shall be field jointed with corrugated locking bands. This includes pipe with helical corrugations that has reformed annular corrugations on the ends. Helical pipe without annular end corrugations will be permitted only when it is necessary to join a new pipe to an existing pipe that was installed with no annular end corrugations. In this event pipe furnished with helical corrugations at the ends shall be field jointed with either helically corrugated bands or with bands with projections (dimples). Bands and projections shall have circumferential rows of projections with one projection for each corrugation. Unless otherwise shown on the Plans, all bolts for coupling bands shall be 1/2 inch diameter. Bands 15 inches wide or less shall have a minimum of two bolts and bands greater than 15 inches shall have a minimum of three bolts. 2. Laying Pipe. The pipe laying shall begin at the downstream end, and the outside circumferential laps of corrugated metal pipe shall be placed facing upstream. ' 02567-1 Section 02567 Pipe Culverts Corrugated metal pipe shall be placed with longitudinal laps or seams at the sides. Pipe that is not in true alignment or which shows settlement after laying shall be corrected by the Contractor at no additional cost to the Owner. 3. Backfillina. Backfilling around the pipe shall be Class 7 crushed stone base. The material shall be placed along side the pipe in layers not to exceed 6 inches at near optimum moisture content and compacted with mechanical equipment to 95 percent of the maximum density, as determined by AASHTO T99, for the full depth of the pipe. Special care shall be taken to compact the fill under the haunches of the pipe. In a fill section, the backfill shall be brought up evenly on each side for the full length of the pipe to avoid displacement. The berm of thoroughly compacted material on each side of the pipe shall be at least as wide as the outside diameter of the pipe. Pipe damaged during construction operations shall be replaced at no cost to the Owner. 4. Special Conditions. The existing pipe culvert shown on the Plans to be removed, stored and reinstalled shall be installed as set out above. The pipe shall be inspected by the Contractor's representative and the Resident Project Representative to verify the condition of pipe material prior to pipe removal: Backfill in driveway adjacent to existing culvert shall be made using Class 7 crushed stone base. . END OF SECTION 02567-2 Section 02598 PVC Water Line TECHNICAL SPECIFICATIONS POLYVINYL CHLORIDE (PVC) PIPE AND FITTINGS FOR WATER LINE A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of polyvinyl chloride (PVC) pipe water lines. The work shall include every I. item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Polyvinyl Chloride (PVC) Pipe. PVC pipe shall conform to the requirements of AWWA C900 and C905, latest editions, and ASTM D-2241, latest revision. The plastic material used in making the pipe shall be clean, virgin, Cell Classification 12454B PVC compound conforming to ASTM Resin Specification D-1784, latest revision. Clean, reworked material generated from the manufacturer's own production shall be acceptable as long as the pipe produced meets all the requirements of the Specifications. ZThe PVC pipe provided on this project shall be designed to the following pressure classes: 18 Inch C905/DR 14 200 psi 16 Inch C905/DR 14 200 psi 12 Inch C900/DR 14 200 psi 6 Inch C900/DR 14 200 psi All smaller miscellaneous PVC piping used for connection to existing system or services shall be ASTM SDR 17, pressure rated 250 psi pipe. 2. Joints for PVC Pipe. All joints for PVC pipe shall comply with ASTM Specification D-3139, "Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals." Joint bells shall be formed integrally with the pipe and shall have a raceway or groove which is specially formed to accept and retain the gasket. Pipe spigots shall be beveled and shall have insertion stop marks. Qualification tests of the joint design shall result in no leakage under various laboratory test conditions of joint alignment and pressure at 2-1/2 times rated pressure and at 22 inches (560 mm) Hg vacuum. 3. Gaskets for PVC Joints and Fittings. Gaskets shall be molded or extruded from a high grade, properly vulcanized, elastomeric compound consisting of either a basic natural or synthetic rubber. Gaskets shall be marked to show IPS for pressure rated pipe, nominal pipe size, manufacturer's identification, and year of manufacture. Gaskets shall be color striped on the side of the gasket that faces 1 02598-1 Section 02598 PVC Water Line the open bell to facilitate proper installation. Gaskets shall comply with the requirements of ASTM Specification F-477, "Elastomeric Seals (Gaskets) for Joining Plastic Pipes." 4. Lubricant for PVC Joints and Fittings. Lubricant shall be suitable.for water piping ' use at temperatures from 5° to.120° F. (-15° to 50° C.). It shall have no deteriorating effect on the gasket or pipe material. It shall be non-toxic and not support the growth of bacteria. It shall be water soluble and shall not impart taste I or odor to water in the water line which has been properly flushed. Containers shall be labeled with the manufacturer's name and identified as PVC pipe joint lubricant. Each lubricant container shall ave printed instructions for usage and. joint assembly. 5. Ductile Iron Fittings for PVC Pipe , a. Ductile Iron Pipe Fittings (3 Inch through 24 Inch and 54 Inch 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 I have a minimum pressure rating of 250 psi, and shall be "Made in U.S.A." 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." c. Restrained Joints. All fittings shall be mechanical joint type. 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• shall be ductile iron heat -treated to a minimum hardness of 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 he 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 •1 02598-2 I I I I 1 6. Section 02598 PVC Water Line Iron, Inc. e. Swivel Fittings and Fire Hydrant Tee. Fire hydrant shall be set using MJ, MJ, swivel joint fittings having retainer lip and swivel rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, and at other locations at the Contractor's option. Polyvinyl Chloride Pipe Embedment Material. Pipe embedment materials shall be: a. Block chat as produced by McClinton -Anchor Company, with 100 percent passing a 3/8 inch sieve. b. Sand. C. Materials meeting either ASTM D448 Size No. 67 or ASTM 02774. In no case shall the maximum dimension of rock exceed 0.50 inch; nor shall any products that contain lead be used. 7. Independent Laboratory Inspection. PVC pipe and PVC pipe fittings furnished and installed on this project shall be inspected and tested by the manufacturer. The Contractor shall furnish to the Engineer, prior to delivery, manufacturers' certificates stating that all pipe will be manufactured in compliance with these Specifications. The certificate shall also fully describe the pipe proposed to be furnished. If evidence appears that all provisions of the applicable ASTM Standards have not been complied with after the pipe has been delivered, the Owner will require such field testing and sampling as necessary for certified statements of compliance to the provisions of said standards to be furnished by an approved independent laboratory. The cost for the testing and sampling or job delay will be the responsibility of the pipe supplier if the pipe is not in compliance. The Owner will pay the cost of the testing and sampling if the pipe is in compliance with the i Specifications. However, the Owner will not be responsible for job delay. The independent laboratory shall be one which may be chosen by the pipe manufacturer and approved by the Engineer. 1. 8. Tracer Tape. Tracer tape shall be detectable marker tape 3 inches wide with the words "BURIED WATER LINE BELOW" printed along the tape in 1-1/4 inch minimum letter height. Magnetic tape shall be traceable by either conductive or inductive methods. 9. Tracer Wire, Tracer wire shall be 14 gauge coated copper for underground burial. C. POLYVINYL CHLORIDE PIPE WATER LINE CONSTRUCTION 1. General. The Contractor shall, unless otherwise specified, furnish all material, I 02598-3 Section 02598 PVC Water Line equipment, tools and labor necessary to do the work required under this contract and unload, haul and distribute all pipe, castings, fittings, valves, hydrants and excavate the trenches and pits to the required dimensions; excavate the bell holes, construct and maintain all bridges for traffic control; sheet, brace and support the adjoining ground or structures where necessary; handle all drainage or ground water; provide barricades, guards and warning lights; lay and test the pipe, castings, fittings, valves, hydrants and roadway surface unless otherwise stipulated;. remove surplus excavated material; clean the site of the work; ,and maintain the street or other surface over the trenches as specified. 2. Alignment and Grade. The water main shall be laid and maintained to the required lines and grades with fittings, valves and hydrants, and other appurtenances, at the required locations, spigots centered in bells, and all valve and hydrant stems plumb. 3. Installing Butterfly Valves in Polyvinyl Chloride Pipe: When installing butterfly valves in PVC pipe, the Contractor shall hone, if necessary, the inside of diameter of the pipe to ensure that the disc of the butterfly valve will operate in its full range. Contractor shall perform this task in the presence of the Engineer or his representative. 4. Installing Polyvinyl Chloride Pipe. Pipe fittings shall be installed in conformance with the recommendations of ASTM D-2774, "Underground Installation of Thermoplastic Pressure Piping," and in conformance with the Specifications hereinafter set out. 5. Trench Excavation. The trench shall be excavated to at least 4 finches below the grade required to provide a minimum of 36 inches of pipe cover. 6. Polyvinyl Chloride Pipe Embedment. All PVC pipe shall be embedded. The pipe shall be bedded from a point a minimum of 6 inches below the bottom of the pipe barrel to a point a minimum of 6 inches above the top of the pipe barrel by the full width of the excavated ditch. All overexcavation below the pipe shall be backfilled •with pipe embedment material at the Contractor's expense.. The additional material required will be placed in 8 inch lifts and thoroughly tamped. This procedure will be repeated until the established grade has been reached. All pipe bedding shall be. tamped so. as to provide a uniform and continuous bearing support for the pipe at every point along the pipe barrel. Note: Pipe bedding -shall be subsidiary to the PVC pipe. 7. Concrete .Reaction Backing. All PVC pipe fittings shall have concrete reaction backing. Backing shall be placed between solid ground and the fitting to be anchored. The area of bearing on the pipe shall be that shown on the detail sheet. of the Plans or as directed by the Engineer. The backing shall, unless otherwise shown or directed, be so placed that -the pipe andfitting joints will be accessible for repair. All fittings shall be wrapped with Visqueen prior to the placement. of reaction backing. There is. no pay item for concrete for reaction_ backing. This. 02598-4 I 11 yr.A . S Wn .s• 4.. Section 02598 PVC Water Line I item shall be considered subsidiary to water line installation. 8. Pipe Protection Cover and Backfill. Pipe protection cover and backfill shall be placed as specified elsewhere in these Specifications. 9. Testing of Polyvinyl Chloride Water Lines. Newly laid water lines shall be hydrostatically tested as specified elsewhere in these Specifications for flushing, disinfecting and testing of water lines. 10. Cleanup. Cleanup shall be as specified elsewhere in these Specifications. i END OF SECTION I I I I I I I I I. I I 02598-5 ' Section 02639 Fire Hydrants TECHNICAL SPECIFICATIONS FIRE HYDRANTS A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the construction of fire hydrant assemblies. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Catalog Data and Assembly Drawings. For all fire hydrants, auxiliary gate valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the fire hydrant as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for review by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been reviewed by the Engineer. 2. Fire Hydrants. All fire hydrants furnished and installed on this project shall be dry I barrel hydrants in conformance with AWWA C502, latest revision, for "Dry Barrel Fire Hydrants," and shall be designed for a working pressure of 150 pounds per square inch gauge. Pressure class 150 fire hydrants shall be three-way, painted red above ground line. Three-way hydrants shall be Mueller Centurion hydrants, Catalog No. A-423, Waterous 5-1/4 inch WB67-90. 1 a. Hydrant Inlet. The hydrant shall have a 6 inch mechanical joint inlet in conformance to the dimensions shown in ANSI/AWWA C110/A21.10, latest I revision. b. Main Valve Openings. Three-way hydrants shall have a 5-1/4 inch valve opening. c. Fire Hydrant Connecting Pipe. The connecting pipe shall be ductile iron pipe as specified elsewhere in these Specifications. Three-way hydrants shall have 6 inch connecting pipes. d. Hydrant Barrels and Extensions. All fire hydrants shall be equipped with a two-piece barrel having a flange at the ground line. The pipe shoe shall be designed for a minimum 42 inch bury. However, the Contractor shall provide extensions (Mueller A-320 or equal) as necessary to set the hydrants to the proper elevations at each location. 02639-1 Section 02639 Fire Hydrants e. Nozzles. Three-way hydrants shall be equipped with two 2-1/2 inch hose nozzles and one 4 inch pumper nozzle. f. Operating Nut. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). g. Safety Stem Coupling and Safety Flange. All fire hydrants shall be equipped with a safety stem coupling and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. h. Testing. All fire hydrants shall be tested in accordance with AWWA C502, latest revision, including completing the City of Fayetteville Fire Hydrant Information Sheet. (See attachments at the end of this Section 02639). Affidavit of Compliance. The manufacturer shall furnish to the Engineer, prior to delivery; an affidavit stating that the fire hydrant and all materials • used in its construction conform to the requirements of AWWA C502, latest revision, and these Specifications, and that all tests specified therein have been performed and that all test requirements have been met. 3. Auxiliary Gate Valves. Valve Boxes, and Valve Box Collars. All fire hydrant installations shall have auxiliary gate valves, valve boxes, and valve box collars meeting all provisions specified elsewhere in these Specifications. 4. Connecting Pipe. The fire hydrant assembly shall have a connecting pipe between the mechanical joint end of the auxiliary gate valve and the fire hydrant. The connecting pipe shall be of the length indicated by the Engineer and shall be a locked hydrant adapter so that no joint separation will occur under pressure. 5. Concrete. All concrete used for reaction backing and valve box collars shall.be in conformance with the Concrete section of these Specifications. There is no additional pay for concrete for reaction backing or for valve box collars. This item shall be considered subsidiary to fire hydrant installation. C. CONSTRUCTION All fire hydrants shall be installed at the location shown on the Plans or at the direction of. the Engineer and shall be installed in accordance with the detailsheetof the Plans and these Specifications. 1. Examination of Material. Prior to installation, all hydrants shall be inspected for direction of opening, cleanliness of inlet elbow, handling damage, and.ciacks. 2. Placement.. Al! hydrants shall stand plumb within a tolerance of 1/8 inch • horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb or street. L I I 11 iI 02639-2 I I I Li I I I I I -I I I I I I Section 02639 Fire Hydrants Hydrants shall be set to established grade with the nozzle centerline at least 18 inches above the ground, unless otherwise directed by the Engineer. 3. Location. Unless otherwise shown on the Plans, the hydrants shall be placed as follows. a. When placed beyond the curb, the hydrant barrel shall be set so that no portion of the pumper or hose nozzle cap will be less than 6 inches nor more than 12 inches from the gutter face of the curb. b. When set in the lawn space between the curb and the sidewalk, or between the sidewalk and the property line, no portion of the hydrant or nozzle cap shall be within 6 inches of the sidewalk. 4. Connection to Mains. Each hydrant shall be connected to the main with a 6 inch ductile iron pipe branch and independent 6 inch gate valve as shown on the Plans. The 6 inch branch of the main line fittings shall be equipped with retaining lip and swivel gland for positive restraint without tie rods. 5. Hydrant Drainage in Pervious Soil. Wherever a hydrant is set in soil that Is pervious, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with coarse sand from the top of the concrete reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance of 1 foot around the elbow. No drainage system shall be connected to a sewer. Waste opening shall not be blocked by polyethylene encasement or concrete encasement. 6. Hydrant Drainage in Impervious Soil. Wherever a hydrant is set in clay or other impervious soil, drainage shall be provided at the base of the hydrant by placing coarse gravel or crushed stone mixed with sand from the top of the reaction backing to at least 6 inches above the waste opening in the hydrant, and to a distance 3 feet around the elbow. No drainage system shall be connected to a sewer. 7. Reaction Backing. The bowl of each hydrant shall be braced against unexcavated earth at the end of the trench with concrete reaction backing as shown on the Plans or directed by the Engineer. See attached pages. END OF SECTION I 02639-3 I LI I I I i I I I I I I 1 i I I I Hydrant Number From Structure From Structure Type Modeling From Node Address Street Cross Street Map Reference Area Location Code FIRE HYDRANT IN To be assigned by Water/Sewer Department for new hydrants. JJ\\•c'.;c.,JJ\\++,\\>\\; To Structure Main Size: To Structure Type q$CS)J.)JJJCQJJCCCC\h+CJo;+h:J CF CCJC1 rJJC\:Ci. C)�if.)CJ:j\v'\yi \i� JCnC\;OCJj\: v�\�J+ x; <,rQ; Yi;Y,.•;KY ni;.NCAvl Modeling To Node Enter house number. Enter atlas page. ii CCCI�J:\,o \KSJJJJ �nYJ'.YQGJ�KYY- v)J C\:-0rnvv♦ ♦\v S'O \fJJC\i vY ,J,�;J \}h+C0.\:J ��J;=.0 ii \i.i:,:h:'`Yf ti;;Y �• .. nT.Gvn:Yv't;v .. ;: }.Q0.JJ$C\YJJv: JJC\J JJJC\J,„,_ J\JCpSJJJC,r\ \ v0<i1 )J`\` viJ CC(.C ♦�)oJJOJQ\ oC'. ivv \\♦ v„\'w Enter street name. Enter nearest cross street name. Enter either the appropriate city, growth area, or White River. Enter yard- backlfront/side, street-front/back/side, or other (explain). Location Ji:CC\YC \i vYJ \ice \YY.. f:\:viCG\;CC\iC\YC i\i)jt:J':, OJT JC'J ii O:: itijoti iYJiwi \YiYC \i.iCni;: i a'.i ,p:i i Installation Date I Enter month, date and year, or unknown. Warranty Expiration I Applies to contractor installed hydrants only. Manufacturer Mueller Waterous Other. Vendor (Installer) Enter City, contractor's name, or unknown. Model Name Number •:♦;. ,,,J..\ , : ;.. .:.\.. Serial Number (Year) ________________________If Enter the year stamped on the hydrant, or unknown. Number of Nozzles 3 2 Other. Nozzle Diameters 4 1/2"- 2 1/2" Other. Hydrant Type Imprvd 4 112 Imprvd 5 114 Centurion Super Centurion Centurion 200 Other Mueller models by year. Imprvd 4 Vi'19 xx mory51/4 l r CentiinnnI a —w Auxiliary Valve Number Footage From Node J... (fi�\;JC\Y\Y\Y<f\T\Y\Y i\Y\ J \. n'SO \' J O J'3' • ice. fJ Mi \YC•J (f J•�fC \: C C J'. J YC Measured Flow m 20 psi Residual Flow Remarks Enter valve information. Pressure - Static SI Residual in Test Conditi Pitot Reading DSI InrtaIs OT repair person an Date of Maintenance: Need Painting? Yes No. Need Caps? Yes No Size nrbals of Inspector an Date of Ins ection: Inrbalso Current Bonnet Color: Blue Green Orange Red White Other a or an Date of Flow Test 'Other Remarks: Correct Bonnet Color: Blue Green Orange Red .Other Remarks: 5onnet color is based on roar twa rnnrl,t._. ^•- ��•••.�..••�. - i voa ypnr oiue I uuv to i499- green; 5uu to 999- orange; < 500- J L! UNIFORM COLOR SCHEME FOR FIRE HYDRANTS Flow Test. Capacities are to be rated by flow measurements of individual hydrants at a period of ordinary demand. When initial pressures are over 40 psig (275 kPa [gauge]) at the hydrant under test, the rating is to be based on 20 psig (138 kPa [gauge]) residual pressure, observed at the nearest hydrant connected to the same main and when no water is being drawn. When initial pressures are less than 40 psig (275 kPa [gauge]), residual pressures shall be at least half of the initial pressure. 1 2. Classification L I I I I I I I I I I I Class AA: Hydrants that on individual test usually have a flow capacity of 1,500 gpm (5,680 L/min) or greater. Class A: Hydrants that on individual test usually have a flow capacity of 1,000 to 1,499 gpm (3,785 to 5,675 L/min). Class B: Hydrants that on individual test usually have a flow capacity of 500 to 999 gpm (1,900 to 3,780 L/min). Class C: Hydrants that on individual test usually have a flow capacity of less than 500 gpm (1,900 Umin). 3. Paint. All barrels are to be painted chrome yellow, except in cases where another color is desired. The tops and nozzle caps of hydrants in the classes outlined above are to be painted as follows: Class AA - Light Blue Class A - Green Class B - Orange Class C - Red - Shall also be primed using metal primer 48938 Red. Listed below is a paint chart, using reference numbers for Lowe's in Fayetteville, Arkansas: BLUE LIPINE Class AA - Blue Colorant Oz. 48ths 96th 102 1Y 4 0 115 8 0 1180 AB77 EXT. GLOSS H&T LIGHT ADAM GREEN Class A - Green Colorant Oz. 102 Thalo Blue 103 Thalo Green 2Y 48ths 96th 13 1 6 1 111 Med. Yellow 25 1 Base 1 1180 Gallon AB266 ENTERPRISE OIL GLOSS H&T 12 Yr. I Class B - Orange Class C - Red I BRIGHT TANGERINE Colorant Oz. 48ths 96th 111 7Y 34 1 116 2Y 27 1 113 1Y 34 0 1184 AB918 EXT. GLOSS OIL FIREBERRY Colorant Oz. 48ths 96th 103 0 0 114 1Y 29 0 116 10Y 37 .0 113 30 0 118O 103 AB1763 ENTERPRISE EXT. OIL GLOSS 2 I Section 02640 Control Valves I U El I TECHNICAL SPECIFICATIONS CONTROL AND PRESSURE REDUCING VALVES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies and incidentals necessary for furnishing and installing all control and pressure reducing valves and other appurtenances of the type required as shown on the Plans and hereinafter specified. B. MATERIALS I1. Pressure Reducing Valve. The valve shall be designed to automatically reduce a higher inlet pressure to a steady lower downstream pressure, regardless of changing flow rate and/or varying inlet pressure. The 3 and 4 inch, 125 pound flanged, cast iron, globe body valve shall be equal to Cla-Val Model No. 1 690-01 ABS. Trim shall be stainless steel and bronze. Adjustment range shall be 30-300 psi. 2. Pressure Gauges. The pressure gauge shall be Ashcroft, or equal, meeting the following requirements: Dial Size: 2". Accuracy: Grade B (3-2-3%). ' Case: 304 stainless steel with 304 stainless polishing ring. Bourdon Tube and Socket: 316 stainless steel. Movement: Stainless steel. Standard Connections: 1/4 NPT standard for 2". Dial: Aluminum, white background with black markings. Pressure range: 30-600 psi. Pointer: Aluminum. Window: Glass. 3. Other Materials. Other materials such as gate valves, fittings, pipe and concrete are specified in other sections of these Specifications. C. EXECUTION ' The Contractor shall notify the Water Department prior to installation of the valves. The City Water Department shall operate all existing valves. The pressure gauges shall be mounted horizontally so they can be read from ground level. END OF SECTION I 02640-1 ' Section 02641 Water Service Reconnection TECHNICAL SPECIFICATIONS WATER SERVICE RECONNECTION ' 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 water service settings. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans and hereinafter specified. B. MATERIALS 1. Meter Box. Meter boxes for 5/8 inch x 3/4 inch meter setter shall be 18 inches diameter x 24 inches high, PVC, Mueller/McCullough, having a cast iron lid, Western Iron C -109P. Meter boxes for 1 inch meter setter shall be 24 inches diameter x 24 inches high. 2. Corporation Stops. Corporation stops shall be 3/4 inch, Mueller B-25008, or approved equal, with Pack -Joint coupling for copper tubing size tubing. 3. Service Lines. Type "K," soft tempered, seamless copper in accordance with ASTM B-88. 4. U -Branch. U -branch shall be 3/4 inch and 7.5 inch width Mueller 15363. 5. Meter Yoke. Meter yoke shall be 5/8 inch x 3/4 inch, having angle key valve and 1 check, Mueller H-1402. 6. Trace Wire. Trace wire shall be 14 gauge coated copper for underground burial. 7. Tapping Saddles. All 1 inch service saddles shall be made from ductile or malleable iron provided with a shop coat and designed for a working pressure of 200 psi. A rubber gasket shall be provided between the casting and pipe surface. Saddle straps and bolts shall be high strength corrosive resistant alloy steel. Saddles shall be as manufactured by Mueller & Romac. 8. Fittin s. Fittings used to connect 3/4 inch copper line from service setting to existing house service line shall be a transition compression union screwed male - to -male copper tube size one side and galvanized the other side. ' C. EXECUTION The service settings shall include everything necessary except the meter itself which will be installed by the Fayetteville Water and Sewer Department after receipt of a safe report from the Arkansas Department of Health. I 02641-1 Section 02641 Water Service Reconnection Service lines shall be laid to a minimum depth of 2 feet 6 inches, or as required by specific conditions. Ditches shall be of a minimum width.. A 14 gauge coated copper trace wire shall be installed in the ditch line adjacent to the service line from the main line to the point of connection or to the meter box. The trace wire shall be connected to the water line and to the meter yoke. Backfill, compaction, cleanup and pavement repair shall be as provided for elsewhere in these Specifications. The surface area disturbed in the construction of water service settings shall be cleaned up and seeded in accordance with the appropriate section of these Specifications. The Contractor shall set the new meter boxes, service lines, etc. at the general location shown on the Plans and specific location as directed by the Engineer. In order for the Engineer to designate the exact location for the new meter settling location, the Contractor shall first excavate or otherwise spot the exact location of the existing service line inthe general area the new service is to be set. After the new line is in service, the Contractor shall furnish the services of a licensed plumber to connect the new meter setting to the existing customer service line. This portion of the service setting will require inspection by the Plumbing Inspection Department of the City of Fayetteville. The Contractor is responsible for paying permit fees related to.the required inspection. END OF SECTION 02641-2 . 11 I II Section 02642 Gate/BF Valves TECHNICAL SPECIFICATIONS GATE VALVES AND BUTTERFLY VALVES A. GENERAL The work to be included under this section of the Specifications shall consist of providing all materials, labor, equipment, tools, supplies, and incidentals necessary for the installation of gate valves and butterfly valves. The work shall include every item of construction necessary for a complete and acceptable installation as shown on the Plans ' and hereinafter specified. B. MATERIALS Valves specified in this section are intended for buried use on water distribution lines, for use as auxiliary valves for fire hydrants, and for use within structure walls. Unless otherwise shown on the Plans, all valves 12 inches (nominal diameter) and larger shall be butterfly valves. All valves smaller than 12 inches (nominal diameter) shall be gate valves. ' 1. Catalog Data and Assembly Drawings. For all gate valves, butterfly valves and valve boxes hereinafter specified, the manufacturer shall furnish to the Engineer ' prior to delivery, catalog data, including illustrations and a parts schedule giving the material of which parts are made, in sufficient detail to serve as a guide in the assembly and disassembly of the valve as well as in ordering repair parts. The manufacturer shall also submit three sets of certified drawings for approval by the Engineer, showing the principal dimensions, construction details, and materials used for all parts of the valve. All valves shall be furnished in accordance with the certified drawings after they have been approved by the Engineer. 2. Gate Valves (0-200 psi Working Pressure). Unless otherwise shown on the plans, all gate valves furnished and installed shall be non -rising stem gate valves, in conformance with the requirements of AWWA C509, latest revision, for "Resilient Seated Gate Valves, 3 Through 12 NPS, for Water and Sewage Systems. All gate valves shall be Mueller resilient seat gate valves, Catalog No. A 2370-20, or approved equal, and shall be designed for 200 psi working pressure. a. Stem Seal. All gate valves shall have "O" ring stem seals. The "O" ring stem seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full -open position. I b. Valve Ends. All gate valves shall have standard mechanical joint ends unless tapping valves, valves with flanged ends, or valves of a special nature are indicated on the Plans. c. Operation. All buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction of opening shall be open left (counterclockwise) as viewed from the top. Where 1 02642-1 Section 02642 Gate/BF Valves shown on the Plans or specified, handwheels in conformance to AWWA C509 shall be provided. d. Interior Protective Coating. 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." e. Testing. The valve shall be tested In accordance with AWWA C509, latest revision. f. Affidavit of Compliance. The manufacturer shall furnish to the Engineer prior to delivery, an affidavit stating that the valve and all materials used in its construction conform to the requirements of AWWA C509 and AWWA C550, latest revisions, and that all tests specified therein have been performed and that all test requirements have been met. 3. Butterfly Valves. Al! butterfly valves furnished and installed shall be Class 1508 in conformance with the requirements of AWWA C504, latest revision, for "Rubber Seated Butterfly Valves." All butterfly valves shall be groundhog type, as furnished by Henry Pratt Company. a. Body. The valve body shall be constructed of cast iron ASTM A-1 26, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Body thickness shall be in strict accordance with AWWA C504, latest revision, Class 150B. b. Valve Seats. All butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. • -1) Valves 24 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. _c. Valve Discs. Valve discs shall be as follows. 1) Valves 12 inches through 24 inches nominal diameter: • Valve discs shall be constructed of alloy cast iron ASTM A-436, Type 1. d. Valve Shaft and Bearings. The valve shaft shall be constructed of stainless steel and the bearings shall be corrosion resistant and self-lubricating. e. Operator. The valves shall be equipped with . a- totally enclosed type operator, fully gasketed and grease packed, suitable for direct burial. The operator shall be designed for operation with a nominal 2 inch square operating nut for use with a T;wrench. Operators shall be designed to open with a counterclockwise rotation of .the operator nut. 02642-2 II 1 I !1 I I f.l • 1:1 Section 02642 Gate/BF Valves f. Painting. All valves shall be painted in accordance with AWWA C504, latest revision. 1 g. Testing. The valve shall be hydrostatically tested at 150 psi for leakage in accordance with AWWA C504, latest revision. h. Affidavit of Compliance. The manufacturer shall furnish to the Engineer • prior to delivery, an affidavit stating that the valve and all materials used in • its construction conform to the requirements of AWWA C504, latest revision, and that all tests specified therein have been performed and that all test requirements have been met. 4. Outside Coating. All gate or butterfly valves shall have either a bituminous exterior coating or shall be delivered to the site factory cleaned and primed as set out below. 1 a. Factory Primed Valves. Unless otherwise shown on the Plans, all exposed valves within the limits of structure walls or any valves exposed above ground shall be delivered to the job site factory blasted, cleaned and primed with one coat of Kop-Coat 340 Gold Primer, or approved equal. b. Bituminous Coating. All valves indicated for buried service shall have a ' bituminous coating in accordance with applicable AWWA Standards. 5. Valve Boxes. Valve boxes shall be provided for buried valves. Valve boxes shall be one complete assembled unit composed of the valve box and extension stem. All moving parts of the extension stem shall be enclosed in a housing to prevent contact with the soil. Valve box assembly shall be adjustable to accommodate ' variable trench depths. The entire assembly (except the iron lid) shall be made of heavy wall, high density polyethylene. All exterior components shall be joined with stainless steel screws. The valve box top section shall be adaptable to fit inside a valve box upper section. The stem assembly shall be of a telescoping design that allows for variable adjustment length. The stem material shall be of plated steel square tubing. The stem assembly shall have a built-in device that keeps the stem assembly from disengaging at its fully -extended length. The extension stem must be torque - tested to 1,000 foot-pounds. Valve box shall be American Flow Control's Trench Adapter, or equal. The lid shall be made of ductile iron and shall be marked with the word 1 "WATER." All valve boxes shall be compatible with the gate or butterfly valves for which they are provided. The manufacturer shall submit three sets of drawings prior to delivery for approval by the Engineer, showing the principal dimensions, construction details, and materials used in construction of the valve box. 1 02642-3 Section 02642 Gate/BF Valves - 6. Concrete. All concrete used for the placement of valve box collars shall be in conformance to the Concrete section of these Specifications. C. CONSTRUCTION All valves shall be installed at the locations shown on the Plans or at the direction of the Engineer, and shall be installed in accordance with the detail sheet of the Plans and these Specifications. - 1. Valve• Installation, Gate and butterfly valves shall be installed in accordance. with AWWA C600, latest revision, Sections 3.3 and 3.6, and with either AWWA C504 or AWWA C509, as applicable,, latest revisions (appendices included), the manufacturer's recommendations, and these Specifications. 2. Visual Inspection. Prior to installation, all valves shall be visually inspected for defects, and any foreign material in the valve interior removed. The valve shall also be operated through its full range and compared to the manufacturer's published information.. 3. Valve Boxes. A valve box as specified shall be provided for each valve used in a buried service application. The valve box shall be installed so as not to transmit shock or stress to the valve. The valve box shall be centered and plumb over the operating nut of the valve with the box cover flush with the surface of the finished pavement or such level -as directed by the Engineer. The valve box shall . be backfilled evenly around its perimeter with select material. The material shall be hand tamped so that the ground will not settle after placement of the concrete collar. - 4. Valve Box Collar. All valve box lids shall have a precast reinforced 24 inch round concrete collar placed around them. The collar shall be centered on the valve box lid and shall be 4 inches thick. The top of the pad shall be flush with the top of the box and the surrounding ground or roadway surface. Valve box collars shall not be installed until every item of cleanup has been completed. - 5. Dead Ends. Valves located at the end of pipelines shall have ductile iron plugs or caps with or without blowoff cocks as shown on the drawings. All dead end valves shall be restrained as shown on the Plans or at the direction of the Engineer. END OF SECTION 02642-4 1 1I I I Liu U L Section 02643 Testing/Disinfection 1 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 combination air release and vacuum valves, blowoff valve assemblies, line valves, and fire hydrants to assure proper operation. 1 a. Water Discharge. Discharging test water will be allowed only as approved by permit. 2. 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. 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. 02643-1 Section 02643 Testing/Disinfection b. Definition of Leakage. The leakage test shall be conducted concurrently with the pressure test. Leakage shall be defined as the quantity of water that must be supplied into the newly laid pipe, or any valved section • thereof, to maintain pressure within 5 psi of the above specified test pressure after the air in the pipeline has been expelled and the pipe has been filled with water. LeakageS 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 = SD✓P 133,200 Where: L = allowable leakage, in gallons per hour • S = length of pipe tested, in feet D = nominal diameter of the pipe, in inches P = average test pressure during the leakage test, in pounds per square inch (gauge) ALLOWABLE LEAKAGE PER 1,000 FT. OF PIPELINE - gph Avg. Test Pressure . 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 6.95 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 .• 02643-2 II I LI 11 1J Li I J I I I I I I I I I Section 02643 Testing/Disinfection d. Visible Leaks. All visible leaks are to be repaired regardless of the amount of leakage. 3. Disinfection. After successful testing, the Contractor shall empty the line of water. The line shall then be disinfected in accordance with AWWA C651, latest revision, for "Disinfecting Water Mains," continuous feed method, except that the placing of hypochlorite granules into the main during construction will not be permitted. The transmission line and facilities shall be considered sterilized after the Owner has received negative reports on samples taken along the line and at each facility and sent to the Arkansas Department of Health for testing. Negative reports must be received on samples taken at 24 -hour intervals. The Owner shall obtain and deliver samples to the Arkansas Department of Health for testing. 4. Dynamic Testing. After sterilization is complete the Contractor shall then flush the sterilizing solution from the lines, and the lines will then be placed into service. 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 sterilization, the dynamic test, and final cleanup, this contract will be considered complete. END OF SECTION I 02643-3 Section 02920 Pipeline Cleanup/Seeding I TECHNICAL SPECIFICATIONS PIPELINE CLEANUP AND SEEDING A. GENERAL Cleanup shall be considered an important part of this project, and adequate equipment and qualified personnel shall be applied to this phase of the work from the very beginning of the project. There is no separate pay item for cleanup and this work shall be considered subsidiary to the unit price bid for pipe. There are generally four classifications of cleanup to be used on this project, as set out below. Class I Cleanup. Areas of construction within lawns, gardens, or other well -kept ' areas, including street rights of way that are kept as lawns by adjacent landowners. ' Class II Cleanup. Areas of construction within fields, meadows and street rights of way which are mowed or cultivated (gardens excepted). Class III Cleanup. Areas of construction that are heavily brushed or wooded, steep rocky slopes, or other areas where it is not practical for the area to be cultivated. ' Special Cleanup. Unless otherwise noted under paragraph B.4 of this Specification, no special cleanup will be required. ' B. METHOD OF CLEANUP ' The method of cleanup for each of the classes defined above shall be as set out below. 1. Class I Cleanup - Lawns. Gardens. Etc. The trench shall be backfilled in ' accordance with the Pipe Specifications. After the topsoil has been spread over the damaged areas, the Contractor shall proceed immediately to hand rake the entire construction area to remove all rock 1 inch or larger in diameter. Debris of every type shall be removed and all damaged tree limbs shall be pruned. After ' the area has been raked and accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet, using the following seed mixture (percent expressed in terms of weight). Lawn Fescue 35% Blue Grass 30% Rye Grass (Annual) 30% White Clover (Common) 5% I. During or after seeding is complete, all areas shall be covered with 10-20-10 fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight 1 02920-1 Section 02920 Pipeline Cleanup/Seeding. to achieve a smooth finished surface prior to mulching. Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. Where the existing ground cover does not contain any of.the grasses as set out in the seed mixture above (Bermuda grass, Zoysia, etc.), the Contractor shall be responsible for cutting, removing and stockpiling the existing sod on the job site. After constructing the water line and backfilling the trench, the sod shall be replaced to a condition equal to or better than that prior to construction. In the event that insufficient sod has been stored, or sod has been lost or destroyed, the Contractor shall be responsible for providing and installing new ground cover of the existing type to complete the cleanup. 2. Class II Cleanup -. Fields. Meadows. Etc. The trench shall be backfilled in accordance with the Pipe Specifications. After the backfill is completed and the surface over the trench left slightly rounded, the area shall be machine raked to remove all rock to a condition equal to the existing surface on the better side of the adjacent existing right of way. All excess excavated material shall be removed from the site, including excess material which has accumulated around fence posts, trees, mailboxes, etc. All areas which have been disturbed, such as that caused by equipment tracks, shall be carefully backfilled and repaired as though it were a part of the actual. trench excavation. Seeding and fertilizing of these areas is required using the seed mixture and application rates set out below (percent expressed• in terms of weight). Field Fescue 50% Rye Grass (Annual) 40% White Clover (Common) 10% After the area, has been accepted by the Engineer, the area shall be seeded at the rate of 0.15 pounds per 100 square feet. During or after seeding is complete, all areas shall be covered with 10-20-10. fertilizer at the rate of 250 pounds per acre, or approximately one-half pound per 100 square feet. No watering will be required. However, after seeding and fertilization the entire area shall be rolled with a roller of sufficient size and weight to achieve a smooth finished surface prior to mulching. Where the existing field grass is Bermuda, or other type not specified above, the Contractor shall place such topsoil as required, and shall seed with the existing type grass so that an equivalent ground cover will be provided.. .. Straw mulch consisting of good grade clean straw,, free. of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a.thickness of approximately 2 inches when first spread. 02920-2. J I I I LI I fl I Section 02920 Pipeline Cleanup/Seeding r. 3. Class III Cleanup -Steep. Wooded or Rocky Areas. The trench shall be backfilled ' in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all ' damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. When directed by the Engineer, the area of the trench line shall then be seeded and fertilized at the rate of 0.15 pounds per 100 square feet using the same seed mixture, fertilizer and application rates as set out under Class II cleanup, except that tall fescue (Kentucky 31) shall be used in place of field fescue. ' Straw mulch consisting of good grade clean straw, free of weeds or seed and of a quality approved by the Engineer prior to use, shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately '2 inches when first spread. 4. Special Cleanup. No special cleanup required on this job. 5. All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner and the Engineer. In general, all rocks, trash or rubbish of any nature shall be removed from the site of the work. During construction, the Contractor shall at all times keep work areas in a clean, neat and workmanlike condition. Excess pipe, excavation, brush and materials of construction shall be removed and disposed of as the work progresses. In built-up areas, including lawns, the job site shall be cleaned up immediately behind ' construction. Streets and driveways blocked by excess materials after basic construction is completed will not be tolerated. If the trench should settle while the Contractor is still on the job or within one year of the project completion date, the Contractor shall make the required repairs at no additional cost to the Owner in accordance with the continuing responsibility ' provisions of these Specifications. 6. Restoration of Damaged Surfaces and Property. Where any pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the contract documents, state laws, ' municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor. 7. Access after Construction. Unless otherwise directed by the Engineer, all areas shall be graded after construction so as to be accessible by four wheel drive ' vehicle. 1 02920-3 Section 02920 Pipeline Cleanup/Seeding • 8. Erosion Control. The Contractor shall terrace slopes where, in the opinion of the Engineer, potential erosion problems may arise after construction. END OF SECTION i. i. 1: ;rte 02920-4 Section 03305 Concrete L TECHNICAL SPECIFICATIONS ICONCRETE A. GENERAL All concrete shall be ready -mix concrete. Class A concrete is defined as concrete with six bags of cement per cubic yard of concrete and with a minimum 28 day compressive strength of 3,500 psi. Class A concrete shall be used for pouring manholes and other structures, concrete driveway repair, sidewalk, and curb and gutter repair. Class B ' concrete is defined as concrete with five bags of cement per cubic yarn of concrete ana with a minimum 28 day compressive strength of 2,500 psi. Class B concrete will be used for reaction backing, pipe encasement, and where otherwise directed by the Engineer. ' All concrete shall have air entrainment (3 percent to 6 percent) added at the ready -mix plant by the concrete supplier. Concrete will be supplied by a ready -mix concrete company approved by the Engineer. Mix designs must be submitted to the Engineer for approval for Class A and Class B concrete. Concrete must be placed within 1-1/2 hours of the time it is batched. Batch tickets must have the batch time written on them. Concrete shall be poured during suitable weather conditions and be protected from freezing and other inclement conditions until initial set is obtained. Concrete tests may be made at the direction of the ' Engineer. If the concrete meets the above requirements, the cost of the tests will be borne by the ' Owner. If the concrete does not meet the above requirements, the cost of the tests will be borne by the Contractor. Concrete shall not be poured with a slump of over 5 inches. Concrete shall not be used after it has taken its initial set. ' Where shown on the Plans, bar reinforcement for concrete shall be of the deformed type and shall conform to either of the standards below: 1. ASTM A 615-82, "Standard Specification for Deformed and Plain Billet -Steel Bars for Concrete Reinforcement." ' 2. ASTM A 617-82a, "Standard Specification for Axle -Steel Deformed and Plain Bars for Concrete Reinforcement." ' All reinforcing bars shall be Grade 60 as defined in the above referenced standards, unless otherwise shown on the Plans. I END OF SECTION 1 03305-1 Section 16120 Wire And Cables I I I 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 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 1. 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 Section 16120 Wire And Cables 2. The Contractor for Contract Section I shall furnish and install the control cable from • the butterfly valve near the gate at the pump station site to the gate post location at the tank site entrance road. The Contractor shall install the cable in the water line trench as shown.in the detail. The Contractor shall leave enough cable rolled up at each of the splice points to reach the splice junction box locations shown along the route.. The Contractor shall also furnish 200 linear feet of rolled up cable at the butterfly valve located on the pump station site. The rolled up cable that is left on top of the ground by the Contract Section I contractor shall be protected. The bare • ends of the cable shall be sealed to keep moisture from entering the cable. The cable shall be tested with a high impedance ohmmeter before the cable is unrolled from the spool. Do not use a megger. 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 engineer's representative and the Owner. After the cable has been installed, the trench backfilled, final cleanup, and seeding has been done, the Contractor under Contract Section I shall test the installed cable with a high impedance ohmmeter. Should the cable be found to be defective, a new cable segment (between splice points or approximately 1000 linear feet ±) shall be furnished and installed at no additional cost to the owner. END OF SECTION a I 7 STAFF REVIEW FORM XX AGENDA REQUEST, City Council meeting of October 6. 1998 FROM: Don Bunn Engineering Public Works Name Division Department ACTION REQUIRED: Approval of: I Contract Section 1, waterlines - Basic Construction, $891,212.00 with a contingency of $1O0,000.00. 2 Contract Section II, Booster Pump Station - J&L Construction, $368,500.00 with a contingency of $40,000.00. 3 A Budget Adjustment of $350,000.00, attached. COST TO CITY: $1.399.712.00 Cost -This Request 5400 5600 5808 00 Account Number 98044 Project Number S 2.250.000.00 Category/Project Budget 1.200.288.00 Funds Used To Date 1.049.712.00 Funds Remaining Hwy 45 Area Water. Ph 2 Category/Project Name Program Name Water and Sewer Fund Category Buu ET/CONTRACT REVIEW: XX Budgeted Item XX Budget Adj. Attached (4- „accrw► j 111 i Budget Coordinator Date Administrative Services Director Date Accounting-nmager Date ADA Coordina r Date KGs. k t Attor Date Internal Audito CI a e U 9 a4� rm �iyJ Purchasing Officer Date STAFF RECOMMENDATION: It is the recommendation of the Staff that the Council approve 1) Contract Section I, with Basic Construction for $891,212 with a contingency of $100,000, 2) Contract Section II, J&L Construction for $368,500.00 with a contingency of $40,000.00. Staff also recommends approval of a -M dget adjustmet of $350,000.00 Department Director Ainfvire t Mayor J-L.L O Date Cross Reference Date Date Date New Item: Y No Prev Ord/Res #: Orig Contract Date: BID TABULATION Phase II - Highway 45 East Area Water Line and Pump Station Contract Section I - Water Line BIDDER BID PRICE Basic Construction" $ 891,212.00 Gurney Companies 892,100.00 A -Team Construction 895,550.00 S & J Construction 968,136.81 Twin City Construction 999,534.00 Forsgren, Incorporated 1, 010,350.00 F.H. Necessary & Son 1,019,350.50 J & L Construction 1, 048,110.00 Spurlock, Inc 1, 067,505.00 Contract Section I - Water Line BIDDER BID PRICE J & L Construction* $ 368,500.00 Basic Construction 419,002.00 Township Builders 475,208.00 Mobley Contractors, Inc 496,700.00 Building and Utility Contractors 569,870.00 Low Bidder F AVE TTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council From: Don Bunn, City Engineer Thru: Kevin Crosson, Public Works Director Subject: Award of Bids Highway 45 East Area Water Improvements 1) Contract Section I - Water Line 2) Contract Section II - Gulley Road Pump Station Date: September 10, 1998 t On September 1, 1998 the City opened bids on Phase II of the Highway 45 East Area Water Improvements, Contract Sections I and II. The bid tabulation for each of the contract sections is attached. The low bidders were: I - Water Line II - Booster Station Basic Construction J & L Construction $ 891,212.00 368, 500.00 900,000.00 450,000.00 Contract Section I consists of approximately 8700 feet of 18" water line, 3500 feet of 16" water line, and 3600 feet of 12" water line. The lines will connnect our 36 inch transmission line (at Joyce Boulevard) to the proposed booster station and the elevated tank on Gulley Road. Contract Section II consists of the water booster station, and the on -site piping associated with it. Attached is a letter from McGoodwin, Williams, and Yates which recommends award of construction contracts to the low bidders listed above. You will note that Garrey Companies, Incorporated of Kansas City, Missouri protested the P award of Contract Section I (Water Line) to Basic Construction because of their bid of only $2.00 on Unit Item 31, Trench Safety. They claimed that since trench safety on a job such as this one would obviously cost a great deal more than the $2.00 bid by Basic, that it constituted an "unbalanced" and non -responsive bid. As a result of Garney's protest, we contacted Basic Construction and asked them to respond. Their rebuttal is contained in a letter which is attached. The Staff feels that Basic Construction's response is acceptable and that it shows their ability and intent to perform trench safety as required by state law and the specifications. It is the recommendation of the Staff that the Council authorize the Mayor and City Clerk to execute a construction contracts with: a) Basic Construction Contract Section I - Water Line $ 891,212.00 b) J & L Construction Contract Section II, Pump Station $ 368,500.00 The Staff also requests the approval of a contingency amount of $100,000.00 on Contract Section No. 1 and $40,000.00 on Contract Section No. 2. McGoodwin, Williams and Yates, Inc. Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Telephone 501/443-3404 September 2, 1998 Re: Recommendation of Award Water System Improvements; Phase II — Highway 45 East Area Contract Section II - Gulley Road Pump Station City of Fayetteville, Arkansas Project No. Fy-268 Mr. Donald R. Bunn, City Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Don: FAX 501/4434340 Bids were received September 1, 1998, for construction of the above referenced water line project. Five bids were submitted, and the totals are shown below: J & L Construction $ 368,500.00 Basic Construction Co., Inc. $ 419,002.00 Township Builders $ 475,208.00 Mobley Contractors, Inc. $ 496,700.00 Building & Utility Contractors $ 569,870.00 A copy of the certified bid tabulation is included for your reference. The engineer's estimate prior to receipt of bids was $450,000. We have reviewed the Statement of Bidder Qualifications submitted by J & L Construction, and based upon the information provided, we believe them to be qualified for this project. The company was organized in 1988, and they list the general character of work performed by their company as "light excavation/concrete/steel erection/utility." J & L completed a Madison County Regional Water Expansion project in January, 1998, at a cost of $1,103,000. They list contracts on hand as 1) Springdale Fire Station #6 for $1,055,000 to be completed September, 1998; 2) Walker Park Parking Lot for $188,500 to be completed September, 1998; and 3) Air America Hanger for $535,000 to be completed January, 1999. • Mr. Donald R Bunn September 2, 1998 Page 2 While we have no way of verifying the present financial condition of J & L Construction, the contract documents require the furnishing of 100 percent performance and payment bonds prior to authorization of the notice to proceed of construction. Therefore, we recommend that the City of Fayetteville award this contract to J & L Construction in the amount bid of $368,500.00. We trust the City Council will concur in this recommendation. The contract requires substantial completion of the project within 120 days and full completion and ready for final payment within 150 calendar days from the date of the issuance of the notice to proceed. If you have any questions or we can provide additional information, please call. Cordially, Charles R Nickle, P. E. Vice -President CRN:sc Enclosures AIRKE Ni THIS AGREEMENT Is dated as of the day of In the year 19 by and between the City of Fayetteville, Arkansas (hereinafter called OWNER) and J & L Construction of Huntsville, Arkansas (hereinafter called CONTRACTOR). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article . 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 I1. - Highway 45 East Area: Contract Section 11: Gulley Road Pump Station. and all associated items, which consists of all items as set out in the Bid (City of Fayetteville Bid No. 98-67), 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 etO act as Owner's representative, assume all duties:and responslbilhies and have the.rfghts-and authority assigned to Engineer In the Contract Documents In connection with completion of the Work in accordance with the Contract Documents. Article . CONTRACT TIMES 3.1 The Work will be substantially completed and in service within one hundred twenty (120) 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 one hundred fifty (150) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather -related events, such as rain, snow, and freezing temperatures which may affect the progress of the constn,ctlon In the following amounts on a per -month basis as hereinafter set out. Only weather -related delays In excess of these amounts will be considered for lime extensions, if requested by the Contractor. 6-1 a, • i • 1 •u Days Included In Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September 6 October 6 November 6 December 9 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather -related events which may cause delays In the progress of the Work, and place a sufficient work force on the project to ensure completion of the Work within the Contract Times. 3.2 Uqukfated Damages. Owner and Contractor recognize that time Is of the essence of this Agreement and that Owner will suffer financial toss 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 N the Work is not completed on time• Accordingly, instead of requiring any such. proof. Owner and Contractor agree -that as liquidated damages for delay (but. not as a penalty) Contractor shall pay Owner 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-fai 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 ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract in accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices in the Bid, the total sum being Three Hundred Sixty -Eight Thousand Five Hundred and no/100-----------------------�$ 368,500.00 �• (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not 6.2 r r! 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. AEI ,lei. 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; Retannage. 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 wilt 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 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% ofthe 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: 6-3 • r 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 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. 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. 6-4 F Articitz. CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance, Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 Supplementary Conditions. 7.7 Specifications consisting of divisions and sections as listed In the Table of Contents. 7.8 Drawings consisting of 10 sheets. 7.9 Addenda numbers 1 to ? ; inclusive. 7.10 Contractor's bid. 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 documentst amending, modifying or supplementing- the Contract dDocuments pursuant-to'paragraphs 3.5 and 36 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 Condiitions, 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 The Contractor and all Subcontractors shall pay not less than the minimum prevailing hourly wage rates as found by the Arkansas Department of Labor or as determined by the Court on appeal to all workmen performing work under the Contract. 6-5 8.3 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. 8.4 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 obligationswcontalned in the Contract Documents. 8.5 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. This Agreement will be effective on , 19 (which Is the Effective Date of the Agreement). OWNER: City of Fayetteville, Arkansas ST Fred Hanna, Mayor (Corporate Seal) Attest Heather Inman Woodruff, Clerk Address for Giving Notices 113 West Mountain Street CONTRACTOR: Ii' ft S - :r , Fayetteville, Arkansas 72701 Huntsville, Arkansas 72740 McGoodwin, Williams and Yates, Inc. -- Consulting Engineers 909 Rolling Hills Drive Fayetteville, Arkansas 72703 Telephone 501/443.3404 September 2, 1998 Re: Recommendation of Award Water System Improvements; Phase II — Highway 45 East Area Contract Section I - Water Line City of Fayetteville, Arkansas Project No. Fy-268 Mr. Donald R Bunn, City Engineer City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Don: FAX 501/443-4340 Bids were received September 1, 1998, for construction of the above referenced water line project. Nine bids were submitted, and the totals are shown below: Basic Construction Co., Inc. $ 891,212.00 Gamey Companies, Inc. $ •892,100.00 A -Team Construction $ 895,550.00 S & J Construction Company, Inc. $ 968,136.81 Twin City Construction $ 999,534.00 Forsgren, Inc. $1,010,350.00 F. H. Necessary & Son Construction Co. $1,019,350.50 J & L Construction $1,048,110.00 Spurlock, Inc. $1,067,505.00 A copy of the certified bid tabulation is included for your reference. The engineer's estimate prior to receipt of bids was $900,000. In reviewing the bid submitted by Basic Construction Company, under Item 31, they bid a lump sum in the amount of $2 to comply with the Trench or Safety Excavation System as required by Act 291 of the 1993 Arkansas General Assembly. That bid item appears to be unbalanced and could be grounds for rejecting the bid if the city so chooses. Act 291 requires the inclusion in all bids for public works projects a separate price pay item for Trench or Safety Excavation Systems. Section 2 of that Act states that in the event a contractor fails to complete a separate pay item in accordance with the applicable provisions of Section 1 of the act, the municipality shall declare that the bid fails to comply fully with the provisions of the specifications and bid documents and will be considered invalid as a nonresponsive bid. Mr. Donald R. Bunn September 2, 1998 Page 2 The other bids on the project for this same pay item ranged from a low of $2,000 to a high of $25,000. We recommend that the city make a determination as to whether this is a responsive bid and fully complies with the act. In the event that the city does determine that the bid is not unbalanced and complies with the act, we recommend that the contract be awarded to Basic Construction Company. We have reviewed the Statement of Bidder Qualifications submitted by Basic Construction Company and based upon the information provided, we believe them to be qualified for this project. The company was organized in 1987, and they state they have engaged in the contracting business for 25 years. They have completed several projects for which we were the engineer, some in the city of Fayetteville. However, if the city determines that Basic Construction Company's bid is unbalanced and nonresponsive, we recommend that the contract be awarded to the next low bidder, Garrey Companies, Inc. We have reviewed their Statement of Bidder Qualifications and believe Gamey Companies to be qualified to construct this project. The company was organized in 1962. They have completed numerous projects for which we were the engineer, some of which were for the city of Fayetteville, and we believe you are familiar with the company and their work While we have no way of verifying the present financial condition of Basic Construction Company, Inc. or Garrey Companies, Inc., the contract documents require the furnishing of 100 percent performance and payment bonds prior to authorization of the notice to proceed of construction. The contract requires substantial completion of the project within 120 days and full completion and ready for final payment within 150 calendar days from the date of the issuance of the notice to proceed. If you have any questions or we can provide additional information, please call. Cordially, Charles R. Nickle, P. E. Vice -President CRN:sc Enclosures 09/04/1998 14:34 5014434340 MCGOODWIN WILLIAMS Y PAGE @2 kw + ASI Construction Co., Inc. P.U. Box 1208 Fayettevillc, Arkansas 727(12 (501) 751-8868 (fax) 751-7650 September 3, 1998 Jerry E. Rose, Esq. City of Fayetteville 113 West Mountain, #302 Fayetteville, AR 72701 RE: Water System Improvements; Pbase II - Hwy. 45 East Area Contract Section I - Water Line Dear Jerry: Thank you for your letter of September 3, 1998. Please accept the response of Basic Construction Co., Inc. The gist of the Garney protest appears to be stated in the second full I follows: "...protesting Basic's bid on the project as being unbalanced as they intend to comply with the tiencb safety law." Let me begin by stating in the strongest possible terms that Basic feels that safety is important. We never take worker safety lightly, and we have not in corn this bid. Basic Construction Co., Inc. was the low bidder on the captioned project bid of $891,212. The engineering projection for this project was $900,000. We that there has been a question raised by Garney Companies, Inc. whose bid was should be obvious from the projection and the actual bids, that there is a substant as to the compensation to perform all services necessary in this agreement, inchu safety excavation systems. In addition, the bid item in question, even as bid by only .5 of one percentof the total bid package. as the as ydonot with a total 2,100. It consensus trench or ney, equals Basic Construction Co., Inc. certifies that it must and will perform.gll task necessary to meet the Occupational Safety and Health Administration's Standard for Excava on and Trench Safety System, 29 CFR 1926, Subpart P. Basic understands and agrees tt4t all tasks necessary to meet these standards must be performed for a lump sum payment of 4v0 dollars ($2.00). OSHA standards must be, and in this case, have been taken into conside4ation in all 3/04/1998 14:34 5014434340 MCGOODWIN WILLIAMS Y � r .ti Jerry E. Rose, Esq. RE: Water System Improvements; Phase II - Hwy. 45 East Area Page 2 parts of the bid package. As a necessary part of separate bid items, those costs w repeated in the separate bid item for trench safety. We have bid the project at a p allows for full compliance with all OSHA regulations, including Subpart P, and a, completion of all tasks under the agreement. This includes our obligation to fully the requirements of 29 CFR 1926, Subpart P. We recognize that it is our obligati that compliance at the contract price regardless of actual expenditures incurred. We understand that Carney has suggested that the bid, in some way, does with Act 291 of 1993. The current edition of the OSHA standard for excavation safety systems, 29 CFR 1926, Subpart P was specifically incorporated into the sI for the project. By bidding on the project, we have obligated Basic Construction the project in full compliance with those regulations. Basic Construction complex separate pay item as required by Arkansas Code Annotated 22-9-212 (b). It clear with the requirements of the Act. PAGE 03 not which mply with to provide comply trench complete the complies Finally, Basic already owns, as a company, all equipment, including trench box, if necessary, which may be reasonable and necessary to comply with Subpart P. In conclusion, Basic completed a separate bid item for trench safety as requi 291 of 1993. The company acknowledges and agrees that the specifications require comply with the regulations contained in 29 CFR 1926, Subpart P. The amount of reasonable and adequate to complete all tasks, including compliance with Subpart P similarity of the engineer's projections and the fast three bids, we believe, support proposition that the bid is adequate, balanced, and reasonable to respond to all task undertaken under the agreement. cc: Donald R. Bunn Charles R. Nickle Michael H. Mashburn :d by Act lasic to e bid is The .' THIS AGREEMENT Is dated as of the intheyeart9 by and between the City of Fayetteville, Arkansas (hereinaftercalled OWNER) and [IRIE P2+199 _ Zu day of (hereinafter called CONTRACTOK). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ArticlQl-. 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 to Water L one. and all associated items, which consists of all items as set out in the City of Fayetteville Bid No. 98.66), 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 McGoodwln, 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 rlghts?and authority,. assigned,to.•Englneer In the Contract Documents in connection with completion of the Work In accordance with the Contract Documents. Ar1iciI. CONTRACT TIME 3.1 The Work will be substantially completed and in service within one hundred twenty (120) 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 one hundred fifty (150) days after the date when the Contract Times commence to run. These Contract Times include delays for normal (average) weather -related events, such as rain, snow, and freezing temperatures which may affect the progress of the constriction in the following amounts on a per -month basis as hereinafter set out. Only weather -related delays in excess of these amounts will be considered for time extensions, if requested by the Contractor. 6-1 Days Included in Contract Times for Normal Weather -Related Events (On A Monthly Basis) January 11 February 9 March 8 April 8 May 8 June 8 July 5 August 6 September 8 October 6 November 6 December 9 The Contractor shall include within the Contract Times the respective number of days (as shown above for each month during the Contract) for normal weather -related events which may cause delays in the progress of the Work, and place a sufficient work force on the project to ensure completion of the Work within the Contract Times. 3.2 Liquidated Damages. Owner and Contractor recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified In paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties Involved in proving the actual loss suffered by Owner If the Work is not completed on time. Accordingly, instead of requiring any such proof. Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner five hundred dollarsa($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°rComptetlon,- 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 ($500.00) for each day that expires after the time specified In paragraph 3.1 for completion and readiness for final payment. Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds for the performance of the Contract to accordance with the accepted Bid therefor, subject to additions and deductions, as provided in the Specifications, for unit and lump sum prices In the Bid, the total sum being Eight Hundred Ninety-one Thousand ($ $91,212.00 ), Two Hundred Twelve and no/100--------------- ---- (use words) (figures) As provided in paragraph 11.9 of the General Conditions estimated quantities are not 6-2 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. Art_ icle 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; Retalnage: 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 retalnage). If Work has been 50% completed as determined by Engineer, and it the character and progress of the Work have been satisfactory to Owner and Engineer, Owner, on recommendation of Engineer, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 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: 6.3 6.1 Contracr hs examined and carefully ed the Contract the Addenda listed in pa graph 7) and the other srelated data identifiedInthe Bidding Documents including `technical data' 6.2 Contractor has visited the site and become familiar with and is satisfied as to thor general, local and site conditions that may affect cost, progress, performance furnishing of the Work. 6.3 Contractor is familiar with and is satisfied assfederal, and �shi n and local f the Work. and Regulations that may affect cost, progress, performance 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 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. 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. 6-4 .1. Article 7, CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between Owner and Contractor concerning the Work consist of the following: 7.1 This Agreement. 7.2 Exhibits to this Agreement. 7.3 Performance; Payment and other Bonds. 7.4 Notice to Proceed. 7.5 General Conditions. 7.6 Supplementary Conditions. 7.7 Specifications consisting of divisions and sections as listed in the Table of Contents. 7.8 Drawings consisting of nine sheets. 7.9 Addenda numbers 1 to 2 , Inclusive. 7.10 Contractor's bid. 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 attachedtereto: 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 The Contractor and all Subcontractors shall pay not less than the minimum prevailing hourly wage rates as found by the Arkansas Department of Labor or as determined by the Court on appeal to all workmen performing work under the Contract 6.5 8.3 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. 8.4 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 containedinthe Contract Documents. 8.5 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 ontractor and Engineer. All tions each the Contract Documents have been signehas been delivered to Owner, d, initiated or identified by Owner of and Contractor or identified by Engineer on their behalf. This Agreement will be effective on (which Is the Effective Date of the Agreement). OWNER: City of Fayetteville, Arkansas By:Fred Hanna, Mayor [Corporate Seal] Attest Heather Inman Woodruff, Clerk Address for Giving Notices 113 West Mountain Street 19 CONTRACTOR: Basic Construction Company, Inc. Q s, Presi e [Corporate Seal] . r Attest -= Corpor a Secretary ~' Address for Giving Notices Post Office Box 1208 Fayetteville, Arkansas 72701 Fayetteville, Arkansas 72702 IZt-s f3Z-9g STAFF REVIEW FORM AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of Mayor's Approval FROM: Sid Norbash AM-' Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order No.1 to the Construction Contract with Basic Construction, for Hwy 45 E. Water System Ipmvts•, Ph.II Sec. I. COST TO CITY: -0- $891,212.00+100,000Contg. Hwy 45 E. Sys Impvts. Cost of this Request Category/Project Budget Category/Project Name 5400-5600-5808-20 $555,445.42 Cap Water Mains Account Number Funds Used To Date Program Name 98044 5435,766.58 Water & Sewer Project Number Remaining Balance Fund BUDGET REVIEW: X Budgete em Budget Adjustment Attached /LEASE REVIEW: /a -3o-9( GRANTING AGENCY: Date A Coordinat Date )z3osx /a -air Date - ternal Auditor 4�L Date la -3o— Purchasing Officer Date STAFF RECOMMENDATION: Approval of Change Order #1. 4 X98 Date Cross Reference /Z-51 f6 New Item: Yes_ No X Date Prev Ord/Res #: 132-98 tor Date Orig Contract Date: 10-6-98 Date r e Staff Review Form Description/ -Hwy 45 E. Water Sys Impvts Meeting Date Mayor's Approval Project Name Comments: Reference Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director Jim Beavers, City Engineer From: Sid Norbash, Staff Engineer Date: December 28, 1998 Re: Hwy 45 E. Water System Impvts - Contract Sec I Basic Construction Co. The attached Change Order #1 to the above referenced contract has been necessitated. Request your approval of this change order, with no extra cost to the City, but gives the Contractor an additional 10 working days. SN/sn attachments AGENDA REQUEST X CONTRACT REVIEW GRANT REVIEW For the Favetteville Cit STAFF REVIEW FORM Council meetinq of Res C Mniti O,34' Sid Norbash Engineering Public Works Name Division Department ACTION REQUIRED: Approval of Change Order #3 to the contract with Basic Construction Co. in the amount of $9,424.48. Details and justifications are attached. Funds to come from contingency amount of the contract. COST TO CITY: $9,424.48 $891,212 + 100,000 Conting. Hwy 45 E. W/Sys Impvts. Cost of this Request Category/Project Budget Category/Project Name 5400-5600-5808-20 $910,943 Cap. Water Mains Account Number Funds Used To Date Program Name 98044-20 Project Number $80,269 Water & Sewer Remaining Balance Fund X Budgeted tern ,, Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accoun tg f ag Date A Coordinator Date v gq t4hn�C79ol& X99 C�(iJ�ty Atttorn Date ernal Auditor Date Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Change Order #3 ion u ad 8 Div Sion Head `/O/ Date Cross Cross Reference New Item: Yes_ No X Department Director Date �R Prev Ord/Res #: 132-98 "'finis rative Services Director Date Orig Contract Date: Mavn Date FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director Jim Beavers, City Engineer/A From: Sid Norbash, Staff Engineer ,..-" Date: April 7, 1999 Re: Hwy 45 E. Water System Impvts. Phase II Contract Section I - Water Lines - C.O.3 Attached Change Order has been necessitated and justified per attached correspondence by McGoodwin, Williams, and Yates, Inc. This change order increases the amount of the contract by $9,424.48, and was necessitated when the City reduced the contract amount by eliminating Item #23 pavement overlay of the County Rd.involved on this project in the amount of $99,900.00. The justifications for the incured expenses by Basic Construction, the contractor are refelected on attachment 3A. The Staff requests approval of the attached Change Order No. 3. SN/sn attachments j 1. 9 Staff Review Form Description/ Hwy 45 E. Water Sys. Imprvts. Meeting Date Mayor's Approval Project Name Comments: Reference Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor RrSOLU !ON NO. 132-98 A RESOLUTION AWARDING BID NO 98-66 TO BASIC CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $891,212, PLUS A CONTINGENCY AMOUNT OF $100,000, FOR THE WATER SYSTEM IMPROVEMENTS, PHASE II, SECTION 1: WATER LINE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETFEVIL,L,E, ARKANSAS: Section 1. The City Council hereby awards Bid No. 98-66 to Basic Construction Company, Inc., in the amount of $891,212, plus a contingency amount of $100,00, for Water System Improvements, Phase II, Section 1: Water Line; and authorizes the:Mayor.and:CityClerk to: execute a contract for said amount. A copy of the contract is attached hereto.marked Exhibit 'A' made a part hereof AND APPROVED this 6thday of October , 1998. C;= \fir,,• sA; ftd vt•iiA1 •�l �-. .Y. . tl C) c���,`•ii Vii:, C=t nni.On By: Heather Woodruff, City C APPROVE By: F ed Hanna, Mayor CHANGE ORDER (Instructions on reverse side) Water System Improvements, Phase II Hwy 45 East Area PROJECT Contract Section I — Water Line. Fv-268 CSI DATE OF ISSUANCE March 15, 1999 OWNER City of Fayetteville, Arkansas OWNER's Contract No. Fy-268 CSI CONTRACTOR P.O. Box are duetted to make the following changes in IM EFFECTIVE DATE March 15, 1999 Descrlotion: ITEM44. Lump Sum: Compensation for removal of pavement overlay from the contract @ $ 9,424.48 Inc. Reason for Chanee Order. It is the opinion of the Engineer and the City that the asphalt overlay on a portion of Old Wire Road, and all of Gulley Road is not wananted because damage to the existing pavement did not occur during the construction of the water line along Gulley Road as anticipated. Therefore an agreement was reached between the City and the contractor to reimburse the contractor expenses incurred in connection with this pay item and for the removal of the "asphalt overlay" from the items to be completed under this contract. Attachments: see: Attachment 2A, and Contractor's Contract Change Order document CHANGE IN CONTRACT PRICE: Original Contract Price $ 891112 00 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: 120 DAYS - 09 FEB 99 Rudy for final payment: 150 DAYS —1I MAR 99 Net changes from previous Change Orders No. _____ to No_________ $ 19,731.00 Net changes from previous Change Orders No_0_ to N" t 34 Contract Price prior to this Change Order $ 910,943.00 Contract Times prior to this Change Order Substantial Completion: 154 DAYS — 15 MAR 99 Ready for final payment 184 DAYS — 14 APR 99 Net Increase jai til3aZof this Change Order $ 9.424.48 Net Incase (decease) of this Change Order n rbyg days Contract Price with all approved Change Orders $ 920,367.48 Contract Times with all approved Change Orders Substantial Completion: 154 DAYS 15 MAR 99 Ready for final payment: 184 DAYS 14 APR 99 McGoodwin, Williams & Yates, Inc. RECOMh ED: By: G Engineer (Authorized Signature) City of Fayetteville APPROVED By: Owner (Authorized Signature) Dater EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that• does not apply. N ', CHANGE ORDER ATTACHMENT 3A I. Bond Costs Included In The Overlay Price (599,900.00@ L52%=$ 1518.48) 2. Mobilization For Six Driveways 3. Discounts Given For Driveways 4. Pickup And Transfers Of Oil Purchased 5. Roadway Clean-up And Shoulder Work $ 1518.48 $ 3000.00 $ 1715.00 $ 191.00 3000.00 $ 9424.48 ab-24-49" 09:24A a CONTRACT CHANGE ORDER 4 " G FEB24 4 owx�: /� Cu, -T Tx Me6nJwn, willan,s a 7w on a e.- r7 wM do ba.Nta eMap. ft... a..e.lt.e pha..ad Duujd.-ap6.a-.. Dfl ZUB M.m W lr I&&tJW Aord.A b cow.•.7n.• Ale: 95, 900 Bond c.riz )nelujed ;noverlacj price. ( M-6;l;tuii.n;o:- to dr;vewals Di2counis live#'+ 4r d✓Ivewty5 p;ck vp and 4rans�.r5 ac.o;ll pus-ck&sea crop ovorl&1 .$othOw c I ",S-AcUO ' S2(&c.fratd mruE Na aw ca m con&crnaa 3 oco 1, 715• 191 a7 o n.ASS @15ceoencn'ilb.0sn.e/dKn M)bySM.rot. 1<iShfcen-fh0'sa,d ci L1 fired dollars The co.a«eyual hei.uap tha• iM p •a• ra.np Peeve, pit w: 'n1 J_.var- vAa L... -u .-pph.ec-c 0O. eow.e .M W p Wviios .ti Apply data. Pau Pau 046 i io CHANGE ORDER* (Instructions on reverse side) No. Water System Improvements, Phase II, Hwy 45 East Area PROJECT Contract Section I - Water Line, Fy-268 CS I DATE OF ISSUANCE December 18, 1998 EFFECTIVE DATE December 18, 1998 OWNER City of Fayetteville Arkansas OWNER's Contract No. Fy-268. CS I CONTRACTOR ENGINEER McGoodwin. Williams & Yates. Inc. You are directed to make the following changes in the Contract Documents. Description: *Remove defective 18" Boss from existing 36" pipe at Station 0+00. Install 36' X 18" JCM tapping sleeve and a flanged 18" Pratt Butterfly Valve together with flange to mechanical joint coupling. Reason for Change Order: To replace defective fabricated flanged boss at Station 0+00. Attachments: (List documents supporting change) Submittal for sleeve, valve and coupling adapter CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times Substantial Completion: 120 Days — February 9 1999 $ 891,212.00 Ready for final payment: 150 Days — March 11. 1999 days or dates Net changes from previous Change Orders Nom to No -n- Net change from previous Change Orders No. -0- to No. —0- $ -0- -0- days Contract Price prior to this Change Order Contract Times prior to this Change Order Substantial Completion: 120 Days — February 9 1999 $ 891.21200 Ready for final payment: 150 Days — March 11. 1999 days or dates Net Increase (decrease) of this Change Order Net Increase{ ease) of this Change Order $ 0 10 Days days Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: February 19 1999 $ 891 212.00 Ready for final payment: March 21, 1999 days or dates McGoodwin, Williams & Yates, Inc. RECOMMENDED: By: n leer (Authorized Signature) Date: 18/9pj City of Fayetteville APPROV By: er uthorized Signature) I'4at er Date: / Basic conslrpction Lo., inc. ACCEPTED( By j Nf" o actor (Autharrriied Signature) Date: /;1/7� /r` *The Contractor {hereby agrees that no claims for additional cost of materials, loss of time, or' any other claims will be levied against the Owner asa iresult of this change EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden. may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from. Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. DEC -16-1998 WED 03:15 PM HUGHES SUPPLY 5013.615907 t 7 P,, 02 WYES (NN Inducted in AWWA 01104 Site Dimealem Run Irendi X 2 Welphh 18 8 32,0 7.0 940 18 10 32.0 7.0 975 18 12 32.0 7,0 1015 18 14 32.0 7,0 1075 18 16 32.0 7.0 1135 18 18 32.0 7.0 1200 20 10 35,0 8.0 1220 20 12 35.0 8.0 1260 20 14 35.0 8.0 1320 20 16 35.0 8.0 1375 20 20 35.0 8.0 1525 ADAPTERS 1--i hUxFE 0im.miont Site L Welphk 3 8 30 4 8 40 6 B 60 8 8 85 10 8 115 12 8 155 16 B 260 18 B 305 20 8 365 24 8 495 DUCTILE IRON O11O FULL BODY MECHANICAL JOINT FITTINGS CROSSES •MJxMJxFExFE Sim Dimemlom Wpb Run Iimdi X T MJ 'MJxTE 6 6 8.0 8.0 ... 140 8 6 9.0 9.0 ... 185 8 8 9.0 9.0 ... 215 10 10 11.0 11.0 ..• 354 12 6 12.0 12,0 ., 340 12 8 12.0 12.0 ..• 365 12 12 12.0 12.0 ... 487 16 8 15.0 15.0 ... 655 16 16 15.0 15.0 ... 875 18 8 13.0 15.5 730 ... 18 10 13.0 15.5 760 ... 18 12 13.0 15.5 790 ••• 18 18 16,5 16,5 1130 20 8 14.0 17.0 890 20 12 14.0 17.0 955 20 16 1840 1840 1245 20 20 18.0 18.0 1415 24 8 1540 19.0 1200 24 12 15.0 19.0 1260 ... 24 16 15.0 19.0 1375 24 20 22.0 22.0 1965 24 24 22.0 22.0 2155 30 6 18.0. 23.0 2085 30 12 18.0 23.0 2165 30 24 25.0 25.0 3180 30 30 25.0 25.0 3640 36 36 28.0 28.0 4370 ' Notln<IudedinAWWAC110. M) TAPPED TEE Mi Tapped lee (2"Tap) Dlmembm Size I. Max. Top WJJ.L. 3 8 2 35 4 B 2 45 6 8 2 70 8 8 2 95 10 8 2 130 12 8 2 165 ANSI/AWWA C110/A21.10, ANSI/AW WA C1 I 1 /4021.11 18 Tyler Flpe/INiliHs► DtAtlon • P.O. Sox 2027 • Tyler, Tons 75710.19031802.5511 2.6.97 JCM 414 FABRICATED MECHANICAL JOINT TAPPING SLEEVE STRENGTH • [ Q O o Q ;atility I joint design VERSA TI SAFETY This tapping sleeve combines the high strength and steel with the traditional side and end gasketed mechan, sleeves are ideal for potential problem installations v and beam load considerations are critical. JCM 414 Mechanical Joint Tapping Sleeve Offers These Benefits . These ME • High pressure capability • High strength steel eliminates possibility of cracked casting or flange • Side and end gaskets provide complete seal around the pipe • Reduced weight aids in installation and handling as well as reducing load on pipe • Steel fabrication allows for larger sizes and custom fit of non-standard size pipe. Special options include: high pressure flanges, custom laying and outlet length, stainless steel bolts and epoxy coating. JCM INDUSTRIES, INC. i l t C JCM Fabricated Mechanical Joint Tapping- Sleeves are available in sizes 4" and larger. et Gland cal Joint MATERIAL SPECIFICATIONS Body: ASTM 285 Grade C or ASTM A-36 Steel Glands: ASTM A-36 Bolts: Corrosion resistant, high strength low alloy. AWWA C-111, ANSI 21.11. Optional: 18-8 Type 304 stainless steel. Gasket: Compounded for use with water salt soultions, mild acids and bases. Finish: Heavy coat of corrosion resistant primer. Optional: fusion applied epoxy coating. HOW TO ORDER: To order JCM 414 Tapping Sleeves, please furnish the following information: • Type of pipe • Outside diameter of pipe • Line content • Line test and working pressures • Outlet size and type (on outlets 14" and larger, furnish make of valve and cutter size) • Coating or finish requirements • Special requirements JCM INDUSTRIES, INC. P.O. BOX 580 NASH, TX 75569-0580 TOLL FREE 800-527-8482 OUTSIDE USA 903-832-2581 Brochure No. 414-0991 1kL-15-I9,H 1:14 w JI.M IMIAbIRIES. IPK. ElfUB?4y514 IJ.411/JL N (A) w P to Im E r . C .. .. 2� TOIL P.OU 41120" GROUNDHOG® BURIED SERVICE BUTTERFLY VAILVES, I w , Underground distribution and transmission systems most often require valves of 4-20", and GROUND- HOG models in this size range are specially engineered to be buried and forgotten until needed. Components are selected for long-term reliability, so the valves will provide service life equaling or exceeding that of the pipeline. A key design feature is the molded -in rubber seat which Is bonded to the valve body by a patented Pratt process Made of a specially compounded Buna N rubber, the seat is engineered so that noreplacement or adjustment is required throughout the life of the valve, under normal operating conditions The unique seat retention method eliminates the possibility of ballooning" or"blow-out" of the seat and affords more precise control of circum- ferential tolerance, which assures bubble -tight valve performance even in the harshest operating envi- ronment. The on -center disc, the only part exposed to water, is streamlined to minimize pressure drop and turbulence. At full open the valves create no more friction loss than a 450 elbow. The disc also provides built-in damage resis- tance. As the disc approaches the closed position, a high -velocity area is created which "flushes" the seat. The disc itself sweeps particles ahead to keep the seat clean. Other important design features include: self-adjusting packing whch should never need replacing; a corrosion - resistant, one-piece stainless steel shaft; an extra -heavy cast iron body; large, chemically inert nylon bearings which have tested out at more then 100,000 cycles; and a tamper -proof disc centering mechanism which maintains positive disc alignment without play. GROUNDHOG valves In 4" - 20" sizes meet all require- ments of AWWA C504. A Pratt MDT burled service actuator is standard, and either Hanged, mechanical joint push-onjoint, water, Victaulic coupling or asbestos cement pipe end styles are available. Performance Tested Reliability To assure a thoroughly reliable valve seat, the Pratt rubber seat bond is tested by the ASTM Test D-429, Method B. This test, one of the most stringent means of measuring bond elfectiveness, consists of a minimum 75 -pound pull on a 1" sharp line at 90n to the sample. Repeated testing con- firms the integrity of the rubber seat bond at over 100 pounds pull. co,w.nn.ud Si.... nn I" Stilt, Junnw. anon .1 *«ana M.<IJn. Ron~ S.n' I• hi IY Ibl GROUNDHOG" WITH MECHANICAL JOINT ENDS TECHNICAL DATA Sizes: 4" through 20" Body Style: Cast iron with ends for flange, mechanical joint, Victaulic couplings, wafer, and asbestos cement pipe. Push on joint (4"- 16n) and push on X Flange (4"- 12") for C900 PVC and ductile Iron pipe. Pressure Class: 'Class 1508 per AWWA Standard C504 Actuators: Pratt traveling nut design actuator in strict compliance with AWWA C504 latest revision. Specialty designed and built for buried service. (Refer to page 12 for design details.) Service: Distribution, potable or raw water Accessories: DIVINER® ground -level position indicator, hardwheel, extension stem, vaye box (standard and slipjolnt) 'Valves can be test 9ltt. for 200 psi upon request. ®» 1 GROUNDHOG® AWWA O504 Specification 16 All end types on the following pages are standard and normally stocked in the sizes listed in the dimension charts. These dimen- sions are correct at time of publication, but are not to be construed as certified drawings. Certified drawings available upon request. FLANGED 4"-20" NOV. VALVE A I C 0' E F 0 J 0 A SIZE 4 51/1 30/, 9 5 3'4 8.'y 7'/E 4'/I 3'/e 7 0_..61/'_-_50/1_ 11.__5 1 _.. B-% 9'h 4/I 3h_ ._ 7 7% 6'/, 13'/, 6 1'/1 B-'/, 11% 4'd 3'4 7 _I IO 9 9'/1 16 8 IV„ 12-'/, 14'/, 4'/1 4'/, 7YE 12 101/, 11%, 19 8 11/4 12-'/s 17 4% 4/, 7% 14 117, 128E 21 8 -1V, 12-1 181/4 5%, 5% 94',_ II 13'/, 141/, 231/, 8 17„ 164 211/4 58,1 5% 9%4 II 14%. 151/4 25 811/„ 16.1'/4 221/4 6 63/4 10%, 20 16 17 27'/, 8 I"/,E 20-I'/E 25 6 61/4 101/, Notes; All dimensions shown in inches 'D ''4C for 10" valves 4D 'h" for 12" and larger valves FLANGED 24"-72" MOM. VALVE A I C 0 E F 6 J 0 A 3.-� .T r'•, .1.. , ..:. I la `/ SIZE a,. uwe t 0u y1 SRO 24 18% 185/4 32 8 17, 20.1'/, 29'/, 6 61/, IOW. ( : � 30 21/, 24'• 38%4 12 2'/, 28-1'/4 36 9'/, 105/8 . 17 I 25 257„ 28'/4 46 12 2% 32-1'/, 424'4 101/4 16 191/, .'e 42 297, 3278 53 12 2'/ 36-I'/, 49Y 1274 181/, 257,_ II I. 41 34'„ 37'/, 59'/, 15 2% 44-I'/, 56 124'4 18% 25'4 1 4J — fro' Notes: 1. All dimensions shown in inches.'D' dimension ±W (or 24" thru 48 ' lEt ' valves. For bolts smaller than 18: diameter, bolt holes will be' h' r+"? ' ' larger than diameter of bolt. For bolts 11/: diameter or larger, bolt I i.. holes will be 'b" larger than diameter of bolt. i ' -, I•-•0»{ VU - -La NUT. i ro 'Awls. toet •rmna � alI vA1d,r� [,IN MECHANICAL JOINT 4"-20" VALVE A I C 0 E E 0 J 0 I A 117E 4 51/1 41/, 9 8'4I 4-V4 71/, 4'h 3%7 31/, 1 61/4 51/8 11 8'/, IV, 6-V4 9'/1 4% 3% 7 3'/, 1 7% 6'/, 13'/4 8%' I'7, 6-V, 11% 4'4314 7 3% 10 9 9% 15%, 91/4 14',8-i'. 14 41/,---4'471/, 4", It 10'/, 111/1 17'%„ 9'/4 11/4 8.4, 16'/, 4%, 4'/I 71/, 4'/4 II 111/, 12% 20%, 11/, 1%, 10.4', 184'4 5%„ 54', 91/, _ 4'/, 11 13'/, 14'/4 227„ 12 13', 12.4', 21 51/„ Si', 9%, 5 11 14% 154', 24'1/„ 121/, 17„ 12.4', 23'/4 6 6%4 10% _51/4 20 16 17 273'„ 12'/4 1'/1 14-1/4 25'/, 6 64'4 10'/, 51/, Note: All dimensions shown in inches Mechanical joint end is In compliance with ANSI 21.11. n une0lexem Ilon Dfurnish db others C? Note: The following items to be lum specified n contras union alnelwUs so lts, Gl In d,Nutcontract Bolls, Olende, Huh, Omit. U I C S n 12 BURIED SERVICE ACTUATORS BUILT EXTRA STRONG AND WATER TIGHT FOR YEARS OF TROUBLE -FREE SERVICE Rugged, Feature Packed Construction Designed and developed by Henry Pratt specifically for buried service, GROUNDHOG valve actuators exceed the rigid operating requirements of AWWA Standard C504. They are traveling nut type and are self-locking without a unidirectional sustained force from the valve. Unlike some actuators of other designs GROUNDHOG actuators can be relied upon to maintain exact valve position under conditions of fluctuating, turbulent and intermittent flow, yet one man can smoothly and easily operate the valve. Stop limiting devices are provided and are capable of withstanding 1'h times the AWWA C504 standard input torque at full open or closed positions without damage to the valve or actuator. Moisture Resistant These rugged actuators are lubricated for the life of the valve. They can be operated without maintenance underground-watercondi8onsbecauseoftheirgrease- packed construction. As long as the cover, gasket and seals remain intact, there is no need to worry about damage resulting from water infiltration. SLOTTED -LEVER (4"-12") LINK -LEVER (14"-48") 1. Housing —Provides structural support plus protec- tion for internal operating mechanism. Mounts to valve trunnion with four bolts. Gasket between hous- ing and cover prevents infiltration of dirt and moisture. 2. Screw Rod —Precision -machined, high strength steel. (Actuator rCharacteristi' l,curves ' i ! I. Smooth Operation On 4" through 12" valve sizes operation is linear, with valve opening approximately In proportion to the turns of the nut. In sizes 14" and larger, a link -lever arrange- ment provides characterized closure, which minimizes the possibility of line shock by slowing down valve travel as the valve approaches the closed position. TURNS REQUIRED TO OPEN OR CLOSE 4-" 8" 27 12" 32 14",16 30 18"- 24" 40 30" 44 36" 44 or 136 42" 136 or 215 48" 215 NOTE: 54"-72' turns on request 3. Stop Limiting Collars —Built-in, threaded Into posi- tion and pinned. Meet or exceed AWWA C504 Standard for input torque requirements to eliminate the possibilityof damageto actuator housing, mecha- nism or disc -shaft assembly. 4. Lever —Rugged casting built to transmit torques from slider nut to valve shaft. On link -lever design, takes up higher portion of nut movement at the "closing" end of the screw. (Refer to actuator charac- teristic curves below.) 5. Key —Actuator is keyed to valve shaft for positive connection of two units. 6. Slider Nut —Precision machined to mate perfectly with screw rod and lever. Capable of withstanding 450 ft. lb. input torque against stop collar. 7. Dual -Link Construction --One finkabovethe screw (shown) and one below (hidden), adds strength and prevents misalignment and jamming of slider nut. :r o+x }4I•))' ,..; vt 7.ir : SIotted;Lever�Design • LinkLever Design!;- r `'Qa`'92 Y StiY. t'1. dr A p J ^ >s J ,b. . i. n: :Y C 1 i' yd 1 �4ilii t� •fir v+i, tt '�iF tr �1' p, 4�T '`-• i , � t-? •'-:' rrll``lNr f t�+�� c y y�,s A :+" :r t'i6d—`' ,{, r}; .TM t 7 it* T4a C t6" • `ii{ ar V" }S %.: t 4 tY I `F. s r' ,;4tr ,"[4' • ,,. ,... .. 11�t in: a I}i r\': M �T nr\: 'Ii-itMf} .�k 4--r '-.(O.•fJF' ry.t✓ [:a'-pV10111Em �,l' uz S+,P!i'1 .�S'H\ •rd'- L.. •.. ^ ,� .;wrrwnar i.,,5Ci"Ik Ontl_ IIE0O mm♦li . "yji" a. :^Lytfk- tbwranrwrrrr ........: ... - -, Y t -Cory. Is "pproum"r E,M CIr,6rrtlpp rwrf with ,u4 04 r,M"nd oprrq /3_2-9' 45/L Co. STAFF REVIEW FORM y1C/�99 tin( AGENDA REQUEST d' X CONTRACT REVIEW &1ah5tO GRANT REVIEW For the Fayetteville City Council meeting of Mayor's Approval Only FROM: { Sid Norbash Engineering Public Works Name Division Department AL:XiUD4 IC uixzv: Approval or mange uraer *L LO Lne contract witn basic Construction Co. in the amount of $19,731.00. Details and justifications are attached. Funds to come from contingency amount of the contract. COST TO CITY: $19,731.00 $891,212 Cost of this Request Category 5400-5600-5808-20 Account Number 98044-20 Project Number ect Budget $891.212 Funds Used To Date Category/Project Name Cap. Water Mains Program Name $100,000 Water & Sewer Remaining Balance Fund BuqGET REVIEW: X Budgeted temp I —Budget Adjustment Attached • 1111\IV' I,i!lL1me� W, ud e Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco ti&g M ager Date ADA Coordinato Date y -c t Io Ci y Attor Date In ernal Auditor /.'T Date �V,tee 4S 9 Purchasing Officer Date STAFF RECOMMENDATION: Approval of the Change order #2. ate Cross Reference 477A New Item: Yes_ NO X nDate Prep Ord/Res #: 132-98 !tor Date Orig Contract Date: Date . 1, r , Staff Review Form Description/ Hwy 45 E. Water Sys. Imprvts. Meeting Date Mayor's Approval Project Name Comments: Reference Comments: Budget Director Accounting Manager City Attorney Purchasing Officer ADA Coordinator Internal Auditor FAYETTEVI LLE THE CITY OF FAYETTEVILLE, ARKANSAS :DEPARTMENTAL CORRESPONDENCE To: Fred Hanna, Mayor Thru: Charles Venable, Public Works Director Jim Beavers, City Engineer �n From: Sid Norbash, Staff Engineer Date: April 7, 1999 Re: Hwy 45 E. Water System Impvts. Phase II Contract Section I - Water Lines - C.O.2 Attached Change Order has been necessitated and justified per attached correspondence by McGoodwin, Williams, and Yates, Inc. This change order increases the amount of the contract by $19,731.00, the contractor is also given 24 extra days to complete the construction because of the extra work involved. The Staff requests approval of the attached Change Order No. 2. SN/sn attachments . r W UTIONNO. 132-98 A RESOLUTION AWARDING BID NO 98-66 TO BASIC CONSTRUCTION COMPANY, INC. IN THE AMOUNT OF $891,212, PLUS A CO.N'1".INt rSNCYAMO U N OF;$,100,,400, FOR THE WATER SYSTEM IMPROVEMENTS, PHASE II, SECTION 1:WATER LINE. BE IT RESOLVED BY THE CITY COUNCIL, OF TILE CITY OF FAYE T TEVILLE, ARKANSAS: Section 1. The City Council hereby awards Bid No. 98-66 to Basic Construction Company, Inc., in the amount of $891,212, plus a contingency amount of $100,00, for Water System Improvements, Phase II, Section 1: Water Line; and authorizes the Mayor an&City'Clerk'toexecute a contract for said. amount. A copy of the contract, is attached hereto marked Exhibit "A" and made a part hereof. �vrffSSED AND APPROVED this 6th day of_October_, , 1998. ` `. , .:, u. ' a.... ,, APPROVE ..� �i,sy►('a.�,l,(�'x, ,� :.. n . 'i is K^.: ��f � o1ra By: .'c:ci Fed Hanna, Mayor By: Heather Woodruff, City C (Instructions on reverse side) Water System Improvements, Phase II, Hwy 45 East Area PROJECT Contract Section I — Water Line, Fy-268 CSI DATE OF ISSUANCE March 12, 1999 OWNER City of Fayetteville, Aticansas OWNER's Contract No. Fy-268 CSI CONTRACTOR are directed to make the following changes in the No. EFFECTIVE DATE March 12, 1999 Description: (A) ITEM # 36 Lump Sum: Construction of a "17uust Anchor" at the pump station site at stet 86+61, @ $ 2000.00. (B) I7EM# 37 Lump Sum: Replace driveway entrance section in Mr. Fisher's driveway at sta 75+01 @ $1000.00. (C) Add 34 days to the contract times. (D) ITEM # 38, Qty —1 Each: Double Meter Setters® $ 600.00. (E) ITEM# 39, Qty —2 Each Service bore on Gulley Road w2" casing® $1800.00. (F) I7EM# 40, Qty —6 Each: Pressure regulator complete w/ setter, box, valve, and all necessary fittings for connection to existing line @ $ 350.00 / EA. (G) ITEM # 41, Change box requirements from 24" dia. box and lid to 36" box and lid (change order for price increases) @$ $ 900.001 EA. (Ii) ITEM# 42, Qty -6 Each: Additional 18" service saddles® $38501 EA. (1) MEW # 43, Lump Sum: Pump Station Connection changes - cost adjustment, Extra time and labor® $ 7,500.00. Reason for Change Order. SEE ATTACHMENT lA Attachments: (List other documents supporting change). (A) "Work Directive Change "No.3, phis Attachment Letter and Attachment Drawing. (B) yr urx uuu;uve c,nan a -- 1vo. 4. 1)copy or "ln a tar l5 Dec 98. (E-1) Contractor's "Change Orders". CHANGE IN CONTRACT PRICE: Original Contract Price $ 89121200 CHANGE IN CONTRACT TIMES: Original Contract Times Substantial Completion: 120 DAYS - 09 FEB 99 Ready for finalpayment: ISO DAYS — 11 MAR 99 Net changes from previous Change Orders No.. to No. Net changes from previous Change Orders No. to No. Contract Price prior to this Change Order $ AO t ) t 2 m0 Contract Times prior to this Change Order SubstantialCompletion: 120 DAYS - 09 FEB 99 Ready for final payment: 150 DAYS —11 MAR 99 Net Increase (of this Change Order $ 19,731.00 Net Inaease) ofthis Change Order 2 4 da;a� days Contract Price with all approved Change Orden $ 910,943.00 Contract Times with all approved Change Orders Substantial Completion: 154 DAYS 15 MAR 99 Ready for final payment 184 DAYS 14 APR 99 MCGoodwin, Williams & Yates, Inc. By: Engineer (Authorized Signature) Date: ,29 999 City of Fayetteville APPROVED - By: S4''� /0wterjAuqporized Signature) Date: f EJCDC No. 1910-8-B (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. CHANGE ORDER INSTRUCTIONS A. GENERAL INFORMATION This document was developed to provide a uniform format for handling contract changes that affect Contract Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into a subsequent Change Order if they affect Contract price or Times. Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the administrative burden may lead to unnecessary disputes. If Milestones have been listed any effect of a Change Order thereon should be addressed. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times, a Field Order may be used. B. COMPLETING THE CHANGE ORDER FORM Engineer initiates the form, including a description of the changes involved and attachments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to Contractor ,for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not apply. i .y t • o r CHANGE ORDER ATTACHMENT 2A The "Thrust Anchor" was needed to provide adequate restraint to the installed pipe in the pump station connection area where the existing earth was disturbed and also conditions were abnormally wet in this area. This allowed the contractor to proceed with his hydrostatic testing without waiting on the Pump Station contractor to complete his pipe laying. This was done at the insistence of the property owner and with the approval of Mr. Jim Beavers. The property owner was persistent in insisting that his property value was not to be diminished by having a patch in his relatively new driveway. Extension of the contract times, due to circumstances beyond the contractor's control. This extension was approved both by the Engineer and the City. 1. Ten days were initially granted at a meeting recorded in the RPR's "Daily Diary" 15 Dec 98. For consideration for lost time at sta. 0+00. At this location a bossed outlet was installed. The outlet was defective and repair efforts were unsuccessful. The repair efforts and the corrective procedures exceeded the 10 days so the contractor requested an additional 10 days. The bossed outlet was installed on the 8ih of Dec. 1998, and the JCM tapping sleeve was successfully tested and approved on the 281h of Dec. 1998. 2. Seven days were requested due to delays in the flushing of test water from the new water line. The contractor was delayed seven days while awaiting the permit to discharge chlorinated water. 3. Seven days were requested due to a seven day delay in the installation of the HWY 45 PRV vault and assembly. The Vandergriff School could not be without water on the scheduled date. The City identified the scheduling problem after all had been scheduled and notices had been distributed. Therefore the installation had to be rescheduled for the following Saturday. Double meter setter required to replace an existing doub] discovered while preparing to make service connections. meter. The existing double meter was Service crossing bores required to properly relocate service meters to the actual property of the customers, as determined by Sid Norbash and Don Osborne. (FF)ITEM # 40 6 Each Service PRV's & Boxes, complete in place Service PRV's required due to the increased pressures that will be generated by the pump station. (G) ITEM # 41 3 Each 36" Dia. PRV Boxes & Lids The changes from the 24" boxes and lids to the 36" boxes and lids are considered necessary in order to service & set the PRV's in the future at the Setter Street, Fox Hunter Road, and the Oakland/Zion Street PRV installations. Dave Jurgens requested this change. Additional service lines were located during excavation. These services occurred on the larger diameter pipe and constituted extra costs to the contractor since the contractor had averaged the costs of all sizes of service saddles into one price for water service line (Item No. 21). (I) ITEM # 43 Lump Sum Pump Station Connection Chances Considerable additional time and labor was required at the pump station site due to changes made after the contract was awarded. The pump station site boundaries and entrance orientation changed, causing modifications to the plans and making construction conditions more difficult. Also, much extra water was diverted to through the entrance area from the pump station site, making the pipe laying much more difficult WORK DIRECTIVE CHANGE (Instructions on reverse side) No. PROJECT: IDI _, P � � OF ISSUANCE: /&. 9g � OWNER: Gy (Name, O Address) CONTRACTOR: � j OWNER's Project No. _ 2 't ENGINEER: 7°sf CONTRACT FOR: ENGINEER's Project No. I 2 it & V You are directed to proceed promptly with the following change(s): Description: I{ rs .iTi I fo° '-x c.1;. 1/i n, a /0"1 f 4 &lfo) k/154x.GQ tL-,+ An* Purpose of Work Directive Change: pTo A cc a iu �f £ JNed . a t (,e rl4.o-c.:� ✓ l qrt s# 4' at. AtUt"U.I aa.- (list documents 0 supporting change) '� ra m S L., ,�:S (1` st, 4'#;* If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following methods of determining the effect of the change(s). Method of determining change in Contract Price: Cl Time and materials %Unit prices Pip.' I tJ v(. ' ❑ Cost plu fixed fee ❑ Other I�' o4t S Estimated increase (dfl) in Contract Price: $ 9" - ¢ t -fl:0 If the change involves an increase, the esti- mated amount is not to be exceeded with- out further authorization. RECD MENDED: by Engineer Method of determining change in Contract Time: ❑ Contractor's records ❑ Engineer's records ❑ Other Estimated increase (decrease) in Contract Time: — 0 — days. If the change involves an increase, the estimated time is not to be exceeded without further autho- rization. AUTHORIZED: by EJCDC No. 1910-8-F (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsee oy the Associated General Conmcton of Amenca. (4 1 flEi-1 WORK CHANGE DIRECTIVE (Instructions on reverse side) No. PROJECT .. v . / P /ry 1CG G (� DATE OF ISSUANCE ...........>!...,�.7. g...... EFFECTIVE DATE .. ��...&J ............ OWNER....Cs '4........ ..�// . L . //-e.......................................................... OWNER's Contract No. ...... . .1 -to .... .. ...................... � � yy-- .................4........ CONTRACTOR � L01 f!J`�<Qri ENGINEER .r%J C .,(J(l 'z 6% You are directed to proceed promptly with the following change(s): Description: go 0�,4,e1c/#,/� 0i// �.�vt Purpose of Work CFt[nge/I�ective: 7 " �� ) Attachments: (List dorcwfrent�s c p y ` /c, A. -Jh�� ✓{pr er porting change) If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order based thereon will involve one or more of the following methods of determining the effect of the change(s). Method of determining change in Contract Price; ❑ Unit Prices Lump Sum 0 Other Method of determining change in Contract Times: Contractor's records /❑`Engineer's records 0 Other Estimated increase (i__. -ra)in Contract Price: Estimated increase (decrease) in Contract Times: $ / Of) O Substantial Completion: days; If the change involves an increase, the estimated Ready for final payment:-�� days. amount is not to be exceeded without further If the change involves an increase, the estimated authorization, times are not to be exceeded without further authorization. RECOMMENDED: /3'%J443. i/1lc. hn, #ci,, ENGINEER n (/ By: c: /! '.t.� O `lt+.t1'l r & / IAwlwneed Signaiurti AUTHORIZED: OWNER By: IAwlxuucd Signmurel Feb -01-99 05:42P AS! February 1, 1999 Construction Co.. Inc. P.O. Box 12O8 Fayetteville, Arkansas 72702 (501) 751-8868 (fax) 751-7650 McGoodwin, Williams & Yates Attn: Richard Cantrell, P.E. 909 Rolling Hills Fayetteville, AR 72703 Dear Sir: We are requesting an extension of 24 days for the completion of time for the Hwy. 45 Waterline Improvements project due to the following: 1. The total time to make repairs to the defective 18" Boss at Station 0+00 was 20 days. Ten days are requested for this repair (in addition to the 10 days already granted.) 2. We had to wait an additional 7 days while the City obtained a permit to flush the line. We can't do any meter relocations until the line has been approved by the Health Dept. 3. The PRV tie-in has been set back an additional 7 days due to scheduling problems at the Vandergriff School. Please respond to soon as possible. If a call. Sincerely, 4 Gary Boyles this request with a Change order as you have any questions, please give me P.G1 I (C') cCtz 'yyrc Feb -04-99 03:38P CONTRACT CHANGE ORDER Co)n ACt FOR: tCrn • ., 14O. S To: 6oacilurn, WN i1ams - �(aies (Contncrot) Yw .,M.a, r.qacncd to eamplp sub da following ohengee from the cons ict plane and epaciGcetione: ]keeeiption oFClungca DECILEAtE IXCRFAS6 (Supplemenul PION end Spccl&adorn Aatched) I'n Corona Prize In AContact pace Add: .f %rao. a0 Ply As ne& double, fheler Se4 r5S JUSTIFICATION: T6a emwr of the eonutct will be (Imnurdcdeeneeed) by the sum of: Tha Comm Toul including this end pmioue Change Oc&n will 6e: This dowmwa will become • eupplemem to the eontnt and all prone vuiowill apply hereto. Rnpuued: Bw;l✓ nOO&'ts{Tuc4toy) W, Iytc, /i4.99 Date Recommeadad: Dm Dew White -Contractor Yellow -Owner Pink -Engineer P.02 Feb -04-99 03:38P CONTRACT CHANGE ORDER NO. P.03 CONTRACT FOR: 4f LCGrisets OWNa a of r 1tf4±vilk. ArVL2nscts To: ?4600dW ( n, LU'; li i ms (Centnetoe) Yon an beseby cegseaed to cee.pb wi0 the following ohaasee from the coalnce place and epsei6calions: De.eritioa of Cbangn (Supplemental Rene and SpecU lcations Aaachsd) Add: Z pa . &j-uica e w) Z" Pitt c�s'1�D IUSTFI ICATION: Tbs smazoc of the coNnct will be facnn d/decnated) by the was of: TM Comna ToW ineluding this and pmwioue Ctun$$ Orden will be: DECREASE INCRYASS Li Cot*net pit. In Comm Pass / 8co•o0 each This docamen wilt become a mpplemeet m du convan and all proWtion will apply heela. Requested: &5; ftu(_- l oh (2o., /'c- Recemmneded: �/14/99 Dan pau Date White -Contractor Yellow -Owner Pink -Engineer t Feb -04-99 03:38p P.04 t CONTRACT CHANGE ORDER ORDER No DATE STATE Ilansa s CONTRACT FOR: COUNTY nJaitY n'i h , o Plnse JW9 US Easf juia shin ftn OW K: C, of FrxueThu; 11e Ae,a,tsas To: M A n I .' 1! / e 6aodwln) W i nis § VaAes (Comncw) You era hsraby nqi.eatd w eeegty With the (ollowlaa ohanjea tram the contract platy and apatiGations: Dacripdaa ofChanjea DECREASE INCREASE (Supplemsnul glare and specifleado n Awchad) In Comnct Dice to Contnet price Add:,,' 350.60 each As d ne& I nshll presstfre ri�au!oit..' on Roust line., JUSTIFICATION: The stricture of Ue contact Will be (acrwaedldeereared) by the wm of: The Cosnct Toul including this and pm ious Change Orden will be: This dacumed Will beenme a wppteaaet to the contract and all pmvisiow will apply bent. Rcquernd: siei &hsi1c42lrofr) do. , Inc. S� Dau Recommended: Dan Dab White -Contractor Yellow -Owner Pink -Engineer Feb -04-99 03:39P (N') 1Fin 33 P.07 CONTRACT CHANGE ORDER ORDER No. DATE qjqq STA I(Cui5RS CONTRACT FOR: COUNTY ,tt Jinp'cveiuetth.Phase ff I/wv ys &s ash t n Di of ef�tll�, �rsas To: /./ ,'1 /,l. �J f,, 4e& w���, (. Idioms Yaks (Conenewr> Yea in hereby vtquead w cootply with the following ohenjee fioot the aootnct plans end spetiaatiooa: Deacripdoe ofduntes DECRPASE INCREASE (Supphmenat Plans eM SpecUiadone Atachtd) N Contact Pia In Convict price Add: 5effkr 3f-reet PRV remove eq(f /ono, 0O box W,4 -h l;d install 3!" box wl'rh lid. 00 JUSTIFICATION: The ammaa of the rontam will be (Iacrcandidernued) by the milt of: The Contact tool bwhding this eM ptrrieoa Change Orden will be: 7hi. doeumtejat w�ill� becommna a ymppll.mess two she contact eed ell novislooe will apply hento. RtVcaud: J�e_J r, C.'66LOli , 0o , the r3 Dam Rtcomm,Med: Data Dow White -Contractor Yellow -Owner Pink -Engineer n0E7 ru? /ALL 3 7Or4Lc 4 Z70oaj GQ'a @ # 9ci /ca Feb -04-99 03:39P CONTRACT CHANGE ORDER SEEM 34 P.O5 No. courpfl pea To: /-4 Ucth&i4 w; (lr!ms 5 �JL4]3 rm an heaeby ngOesed 10 cooply with its following ehanjea fnm i Dncription of Change Add: Fox Nunkr 6d RV /125{all a," box we h lid ('FOX burr Poacl PRV sendol d A aja)g9 i1eed b tnsfalj 3G"box of •4 -lei's -h'me or price 15 no goal,) JUSTIp1CATl0N: Ths amwta of the concoct will be (3o ressoNaecreued) by the sum of: Tba Contest TOW Including this and pinion. mills Orders will be: aad specitcatior DECREASE This docusti wilt become a spplemem to the contract and all provisions will apply bnem. eegntd: &1Sit &MhtK'/lon (D ;. Ines Dam Rccottunsnded: Dam Dale (conmctor) White -Contractor Yellow -Owner Pink -Engineer INCREASE In Cmuract pd 7KD,00 Feb -04-99 03:39P S CONTRACT CHANGE ORDER ORDER NO. P.06 To: M4S&m W, / UIm b yaks rm an hereby eeque.tefto campy with the fouowfop elundee Ii Description of chamjee Add: QQklmd-Zion PRV Insfo/l a,"box W 14•h I id Includes 3 hours down -lime- Jr men and Fgoi finente CRANG6 IN JUST1pICATION: The anmaa of the corona will b. (nrtutdJdacnYed) by the rum or: Tho Cotdnet Toul Ineludimt this and pmviou. Clump Orden trill be: (Cem<Acwe) cod epecificnion.: DECREASE U4CREASE In CommnWise In Comae pries. aovo Th1e document wdl boeome a opplemem m the contact as all peovihiom will applyberth. Rognertcd: W-siej (a tu'if1o/1 (to;, lac Date Date Dam White -Contractor Yellow -Owner Pink -Engineer CONTRACT CHANGE ORDER ORDER NO. �L DATE Watt $ys7ra►i Snfp #oemue7s f lfate It #0 `i H -C ,L ,p ,y ./. y STATE i] &s /« f IM�h1Gf S�GIj I Wettr 2a -t ///. /- CONTRACT FOR: t COUNTY OWNER: //tr yamA/ :J t r L ()7/�Wt.�t, &, //twaMs 41'147Fti To: (Conaecror) You en hereby maacsed to comely via the following thane. from the Dncsipdon of Changes DECREASE INCREASE (Suppinomul Plana and Specification, Atuchad) In Corona Price to COMM" Mica Ada:Ad1r`tw/ lfesd le$ 1'or O3$,5o/EA g.rvineS.��Q� y or a✓ite;ws afd rs an •.a //safe over $edt`i�taw' Plitt ≤su4d/mss I'er /ke /n4aes sizes a4'pe/1 gt/Jraa"l 46-eyAer 7/p pse Tt iNTh 611 etavt. Sna1 /4. -re ais beat. SN,Ta / aaaaa, re.t e / /1 "saddles it, /c sa.sae MA &rsee t !+s•ur.✓1 eve tege tl7` 31.00 Cod I/o xS 6eQoarr/.vtra/+Ae NET CHANGE IN CONIRACI PRICE 3 /.OD JVSTIFICATION: The imam of the corona will be fmoroucd/decreased) by Ne gum or: The Canna Tout including this end previous Clung Orders will be: This documnt .i11 become a applement to the comma and ell pnvWt will apply hereto. ' 65t 4 Requened: ,9Sie� s , , Dam Data Moepttd: Dam White -Contractor Yellow -Owner Pink -Engineer =(A)=)iFxr* � 4 V/ ATTACHMENT TO WORK CHANGE DIRECTIVE NO. Water System Improvements Phase II— Highway 45 East Area Contract Section I - Water Line City of Fayetteville, Arkansas Project No. Fy-268 The site for the Booster Pump Station (Contract Section II) has been changed from that bid, requiring water line modifications to this Contract Section I. Attached is a drawing showing rerouted water lines. The reroute utilizes all valves and fittings as originally bid, and requires an additional 18 -inch 45° bend. Valves and fittings are configured to be much closer together in an area that has been deemed to be of poor soils and excessive groundwater. The change will result in slightly less 18 -inch diameter pipe and the addition of concrete thrust anchors between the control valves and the pump station. The thrust anchor proposed will be 18 inches wide, will encompass both the 16 -inch and 18 -inch pipe east of the butterfly valves, and will extend into undisturbed earth a distance of 3 feet a total length of 18 feet and a height of 5 feet. Reinforcing and anchor ring installed shall be similar to thrust anchors shown on the Standard Detail Sheet. , \_\ I. / I \ 1 11 � I! // \ I o.a \ I / 7� — \ I \\ I+ �_U W \ WR \ \ I I t CONTRACT ECTION I CONTRACT SECTION tt I PIPING I AND IVALVES i PIPING AND VALVES A,. V 25 f \J/ � � J/(&T SoI B'FLJ / \ T VAVE: W OO /,]- 1s',(Wxts'PE __ =.-:-n acm4itxa .. n.*.. a::: ;v enwir' — — I vt i-t I TTERFL. I G \ I At.VE e.4 Q_ �� C I � {Intl` '�a• . �.I '� HYDRANT "20 / L - - / t CON ACT SECTION I CONTRACT SECTION II- - - - _ _ PIPIN AN\DI vA1g.VE : PIING AND VALVES 1 Le - 1 WATER SYSTEM IMPROVEMENTS SHEET GULLEY ROAD FROM EAST JOYCE BLVD TO HIGHWAY 45 EAST FAYETTEVILLE ARKANSAS ATTACHMENT TO WORK DIRECTIVE 1 @1997 MCGOODWIN, AQ,LIAMS AND YATES. INC. DRAMH BY PLANS NO. DATE CONSULTING ENGINEERS-FAYETFEVQ1.E. ARK. ADA FY -268 NOV '97 Feb -24-99 09:23A .a r ; w P.O1 AS! Construction Co.. Inc. P.O. Box 120,8 Fayetteville, Arkansas (501) 751-8868 (fax) 751-7650 February 24, 1999 McGoodwin, Williams & Yates, Inc. ATTN: Richard Cantrell 909 Rollins Hills Drive Fayetteville, AR 72703 RE: Water System Improvements 4t Phase II -Hwy. 45 East Contract Section I .7 Dear Sir: The following above project. We this request. Mos submitted. Thi change orders. is a/list of change order requests for the would appreciate your prompt attention to ,-6f these have already been discussed or tter is merely a clarification of these 1. $ s,Sib xtra time and labor involved in making the connec oints at the pump station site. The new design for this area made setting this connection point much more difficult. Making the fittings fit to connect to the pump station contractor's line caused delay's because different degree bends had to be used and additional fittings had to be ordered after the area was dug out. Additional concrete had to be used to block this area. The ground water from a spring had been channeled into this area by the pump station contractor through a rock bed placed to keep water off of the pump station site. This water caused us to have to pump excessive amounts of water, using at one point an eight -inch pump to control the water. Installation under these conditions made for a lot more work and time which we would not have had if done by the original design (see sketch). In order to be able to block the fittings, we had to go deeper than normal because this area had been previously excavated. ' 2. ($ 1,800f each) Two 40 LF bore service lines including 2" PVC endasefnent - J 3. .•( $ 920) Oakland/Zion PRV including 4 LF 36" Drisco pipe, 1 -lid for 36", 1-24" pipe & lid, and 3 hours downtime for labor, equipment and vehicles while obtaining 36" pipe & lid and setting 36". U� Feb -24-99 O9:23A P' P.O2 4. ( $ 780) Fox Hunter Road PRV including 6 LF 36" Drisco pipe, 1-36" lid, 1-241T pipe & lid, and additional labor to set 36". 5. ( $ 350) As needed, pressure regulator, valve & box installed between meter and house line by plumber with required permits. 6. ( $ 1,000) Setter Street PRV including 5.5 LF 36" Drisco pipe, 1-36" lid, 1-24" pipe & lid, 5.5 LF 24" pipe that was installed initially and we can't return, additional labor to hand dig out the 24" pipe and install the 36" pipe at a depth of 5.5 feet. TOTAL Thank you, Gary Boyles $ 12,150 ;.Fab -24-99 09:24A CONTRACT CHANGE iiv w1LL y.i.JJ r I''AUC d4 tie. FEB24 IM C r cf �cwrtF�•�t� hc6.ekw,n, W.ihan s q. ya+cs F•+a.•�f fl w a. lily ...j --d !.tU..iae6..ar. hew S. a.act d.....d Y.dM*1i +: bm";V .• a1Crtp. Dpc, U6 P•rY•- ' Mw IS agoNAusop As L Coana hk. Add: 99, 90 Bond [Ariz )nc ceded in pVer is f priC. ,�/ c. o Mab;liukten Mr rG �IiVCW¢N51 D;ccaon+s givb'r for clr{vewtcj5 pickup and 4-ransfars oco�l DJiclwsed cor ovarlol a%9uJ 144c tZx uO SSa nnsa Nit cX%Nax IIY ccsn Cr of rUIZSFICASA}N: T►..a.tw.^eep.awll.asnaslcnnnea►rIM.a,or. E;hieen iJ1oAsanGl cIvt Iivndred dollar no Csa4.es Taal 1nb4&r,s dr. W ►,..Ls. ch My os... win M: DWREAfi M ce.n.a tfts 31000 TAIA d...a. W L.<. . wyyher b *. ev.a.a aM a4 prov{J.s .al apply aenm. Des RKotarad. Dai. Dv. White-Contracmr Yefow-Ovmer Pink -Engineer