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30-98 RESOLUTION
• • RESOLUTION NO 30-98 A RESOLUTION AWARDING BID NO. 98-6, IN THE AMOUNT OF $56,395, TO FAYETTE TREE AND TRENCH; APPROVING A PROJECT CONTINGENCY OF $20,000; APPROVING THE COMBINATION OF PROJECT NOS. 95039 AND 97021; AND APPROVAL OF A BUDGET ADJUSTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1 That the City Council hereby awards Bid No. 98-6, in the amount of $56,395, to Fayette Tree and Trench; approves a project contingency of $20,000, for the water line extension on Salem Road; 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. Section 9 That the City Council approves the combination of Project No. 95039 and Project No. 07021 and authorizes a budget adjustment in the amount of $11,980 increasing expense, Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 97021 by decreasing Capital Water Mains, Acct. No. 5400 5600 5808 00, Project No. 95038. A copy of the budget adjustment is attached hereto and made part hereof. PASSED AND APPROVED this 17`s day of March , 1998. ATTEST: By: Heather Woodruff, City Clerk APPROVED: By. Fred Hanna, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 1998 Department: Public Works Division: Water & Sewer Program: Capital Water Mains Date Requested March 17, 1998 Adjustment # Project or Item Requested: Additional funding is requested for the Water & Sewer Cost Sharing Project. Project or Item Deleted: None. A portion of Rolling Hills Water Line Replacement project funding is proposed for .this adjustment. Funding remaining for this .is $267,814. • .p, Justification of this Increase: Provide addtional funding to extend a 8" water line along Salem Road. Justification of this Decrease: The project is .scheduled to iniphases• • ,_ accomplished -Account Name -'ks.i. rw',�L4' i‘ `Capital Water Mains ;Increase Expen e (Decrease Revenue) Amountr`?1•7==4 Z i.Aicount Number NtAr 5400 .-5600 .11;980 . ;rgltt n;,Project Number 97021 tv Account Name Decrease Expense (Increase Revenue) Amount ": •,., =. Account Number Capital Water Mains - -5400 5600 5808 00 • Approval Signatures • Budget Office Use Only Requested By Budget Codrdinator Department Director Admin. Se ces Dire 41) LeAl Mayor ate �. 27 Date 500/ Date :Type: Date of Approval - Posted to General Ledger Posted to Project Accounting Entered in Category Log Blue Copy: Budget & Research / Yellow Copy: Requester 1 1 1 4t 1 �1 1 1 1 1 1 1 1 s tor: ;-C,`li C e c MICROFILMED • • DETAILED SPECIFICATIONS AND CONTRACT DOCUMENTS BID NO. 98 - 06 WATER SYSTEM IMPROVEMENTS SALEM ROAD WATER LINE EXTENSION (aka SALEM VILLAGE OFF-SITE WATER) CITY OF FAYETTEVILLE, ARKANSAS February 1998 • • 1-- ,, A OkDCERTIFICATE(afN tTUArN> .-!..;:s7;;;;;;;;" w. wilotak "- -- RCiE , :mo- DATE 040$100/$Y) Y) 4/25/97,' ,aw44e-6, PRODUCER Renner b Company, Inc. 1'.0. Box 427 THIS CERTIFICATE ONLY AND CONFERS HOLDER. THIS CERTIFICATE ALTER THE COVERAGE IS ISSUED ASA MATER OF INFORMATION,- NO RIGHTS, UPON. THE CERTIFICATE•-. DOES NOT AMEND, EXTEND OR, AFFORDED BY. THE POLICIES BELOW.; Fayetteville, Ar. 72702 COMPANIES AFFORDING COVERAGE-:..'. COMPANY A Tri-State Insurance Company ' INSURED layette Tree & Trench, Inc. COMPANY 8 American States Insurance Company P.O. Box 471 Fayetteville, Arkansas 72702 COMPANY C Federal Insurance Company COMPANY D COvEAAGES av .,_ .: � + 4, xs,«.'4nrPR; h: �`s.£hi�r� 1�L,.�z,d-_. , z THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN x �-zt's��;:,x;'df, ISSUED TO THE INSURED CONTRACTOR OTHER DOCUMENT POLICIES DESCRIBED REDUCED BY PAID CLAIMS. NAMED ABOVE WITH HEREIN IS. SUBJECT ; 4 FOR THE POLICY RESPECT TO WHICH TO ALL THE PERIOD, • THIS. .. TERMS, COTYPE OF INSURANCE ' LTR POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MWDO/YY) LIMITS GENERAL LIABILITY M 01 03 90 • 4/30/97 4/30/98 GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO $ 2,000,000 _•J CLAIMS MADE X OCCUR PERSONAL IS ADV INJURY $ 1,000,000 OWNER'S 6 CONTRACTOR'S PROT EACH OCCURRENCE S 1,000,000 FIRE DAMAGE (AM ane S(e) S 50,000 MEDEXP (Any one person) $ 5,000 ' AUTOMOBILE UABILITY 01—CD596945 r 4/30/97. 4/30/98 COMBINED SINGLE LIMIT - - S • --1,0007000-- $ B ANY AUTO ALL OWNED AUTOS ' BODILY INJURY (PM pew) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY (Per accident) --- ti. NON -OWNED AUTOS PROPERTY DAMAGE ' " S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE S EXCESSUABILITY (97)79402376 4/30/97 4/30/98 EACH OCCURRENCE S 2,000,000, C X UMBRELLA FORM AGGREGATE $ 2,090,000 OTHER THAN UMBRELLA FORM • $ WORKERS COMPENSATION AND EMPLOYERS• LIABILTY - 01-WC731211-40 4/30/97 4/30/98 X TORY LIMTS1 NA -'-.e*/ ..•;,+T.�:._;:4 1 +� EL EACH ACCIDENT $ 500.000 D PARTNERSIEXECUTIVE OFFICERS ARE: __X,INCL EXCL EL DISEASE -POLICY LIMIT $ 5003000 EL DISEASE - EA EMPLOYEE $ 500.000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEMICLESISPECIAL ITEMS - Excavation, Trenching, Water & Sewer Projects ,CBRT}FICATl cl.ty HO of Fayetteville, aaa Arkansas CANCS SHOULD EXPIRATION 1T ANY 30 DAYS 93 OF DATE WRITTEN _,. - ,;`_ " .., � _.-:;.,.. L ... - .+ � t a :?'s. s THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TNG • . THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ' 113 West Mountain Street Ar. 72701 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR UABILITYFayetteville, OF Y KIND UPON THE C ANY, ITS AGENTS OR REPRESENTATIVES. AUTM RISE REPRESENTATTIIV,E. - -. • ACOR0294t1796) p;rxx a( a':' 4PAG SR¢GbRt1Mt10F1f9911^ • 1-- • t, '] NA SURANCESTATES AMERICAN STATES INSURANCE r COMPANY 46204-1275 BOND TRENCH, INC. . WO LINCOLN NATIONAL CORPORATION INDIANAPOLIS, INDIANA PERFORMANCE AND PAYMENT KNOW ALL MEN BY THESE PRESENTS, That we FAYETTE TREE & P .0. BOX 471, FAYETTEVILLE, AR 72702 as Principal, (hereinafter called Principal) and AMERICAN STATES INSURANCE COMPANY, an Indiana corporation, with principal offices in Indianapolis, Indiana, as Surety, (hereinafter called Surety), are held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS as Obligee, (here- inafter called the Obligee) in the amount of FIFTY -SIX -THOUSAND THREE HUNDRED NINETY FIVE & 00/100 Dollars ($ 56.395.00* ) for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns firmly by these presents. our heirs, executors, administrators, WHEREAS, the Principal did on the day of 19 enter into a , written contract with said Obligee for WATER SYSTEM IMPROVEMENTS - SALEM ROAD WATER LINE EXTENSION (BID 1/98-06) which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall indemnify the Obligee against any loss or damage directly arising by reason of the failure of the Principal to (a) faithfully perform said contract and (b) pay all just claims for labor and material furnished in the com- pletion of said Contract by persons, firms or corporations having direct contracts with the Principal, then this obligation shall be null and void; otherwise to remain in full force and effect. This bond is executed and accepted subject to the following conditions: (1) That the Obligee shall faithfully and punctually perform all the terms and conditions of said Contract to be performed by the Obligee. (2) That the Obligee shall notify the Surety by registered letter, addressed and mailed to it at its Home Office, of any breach of said Contract within a reasonable time after such breach shall have come to the knowledge of the Obligee. .•"r- (3) All suits at law or proceedings in equity to recover on this bond must be instituted within six months after the completion of said contract, and in any event within twelve months said contract for its completion. from theda-tefixed �;r in. .� rl 7 / i: . , � SIGNED, SEALED AND DATED this ,:-day of ' - .• ,�. 19 ` ik FAYETTE' TREE &rI TRENCH, INCC. ffry'•"-4•`'''(�Sffea�lj � (f"/, {� ' U p .C. Principal 0. .. s•."-- --'.. 3 AMERICAN STATES INSURANCE COMPANY r ' d .it. 1•'-t T. • Form 9-1041 (12-71) KEVIN RENNER %xlttorney-in-tact. r• y S °nAMERICAN STATES INSURANCE A own LINCOLN NATIONAL CORPORATION LL w z Z W • 2 ZZ —w w W — 2— ZZ Q 1- ¢Z W W a aw w �a O I" ZO Z w W0 ol I- W z wZ w• � ZFQ-Z_ Z� CC W �tc FF lL YZ W Q z cc E O W F 2 ¢ Q WI O CC W O a 0 J J Q Q Z >O Q Q O• � Z� to W (n W H ~ GENERAL POWER OF ATTORNEY American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company, a Corporation duly organized and existing under the laws of the State of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint ROBERT M. RENNER OR KEVIN RENNER or F-yetteville and State of Arkansas CO its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds recognizances, contracts of indemnity and other conditional or obligatory undertakings provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed N TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS N and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation 1V and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws o1 the American States Insurance Company, which reads as follows. "The Chairman, the President or any Vice -President (including any Executive Vice -President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation, to appoint Attorneys -in -tact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" IN WITNESS WHEREOF, American States Insurance Company has caused these presents to be signed by its Second Vice -President, attested by its 1 Assistant Vice -President and its corporate seal to be hereto affixed this 29th day of __Anust A D 19 94 . AMERICAN STATES INSURANCE COMPANY ATTEST • By Assistant Vice -President ' econd ce--resident STATE OF INDIANA COUNTY OF MARION SS On this 29th day of August A D 19 94 . before me personally came Joseph F. Heim to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say: that he is a Second Vice -President of American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F. Heim further said that he is acquainted with John J. Rosich and knows him to be the Assistant Vice -President of said Corporation; and that he executed the above instrument. MARGO L. THAYER, NOTARY -PUBLIC HENDRICKS COUNTY, STATE OF INDIANA MY COMMISSION EXPIRES: 12/3196 STATE OF INDIANA COUNTY OF MARION SS StaryPublic I, John J. Rosich the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 6.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstand ng the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this '31ST dayyof-MARl-I4.%; A.D., 19 tEd. I. it 1, ZT ft N\ f J Assistant Vice-Prea`IdMIt1 i f� or, r4 v - ^ Co J1`• THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MkIGIN HTREOFIN RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN STATES INSURANCE — PRESENT IN ITS'ENTIHETY. IF 9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 317-262-6262 OR '(2-92) WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. • r: 4 ilk Nio.e.MatraSS American States Insurance Company Presents �-a INDIANAPOLIS, INDIANA Bid Bond Know all Men by these That we, FAYETTE TREE & TRENCH INC. P 0, BOX 471 of FAYETTEVILLE AR 72702 (hereinafter called the Principal), the Surety), as Surety, are - -as Principal, and AMERICAN STATES INSURANCE COMPANY (hereinafter called held and firmly bound unto CITY OF FAYETTEVILLE, ARKANSAS 113 WEST MOUNTAIN, FAYETTEVILLE, AR 72701 (hereinafter called the Obligee) in the penal sum of 5% OF BID AMOUNT Dollars ($5% OF BID AMT) for the payment of which the Principal assigns, jointly and severally, — SALEM ROAD and the Surety bind themselves, their heirs, executors, administrators, firmly by these presents. WHEREAS, the Principal has submitted a bid for WATER successors and ,7. SYSTEM IMPROVEMENTS WATER EXTENSION (BID #98-06) _LINE NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the a Contract with the Obligee in accordance with the terms of such bid, and give, such be specified in the bidding or Contract Documents with good and sufficient surety for of such Contract, or in the event of the failure of the Principal to enter such Contract bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty amount specified in said bid and such larger amount for which the Obligee may in another party to perform the Work covered by said bid, then this obligation shall be to remain in full force and effect. and Sealed this 30TH day of JANUARY Principal shall enter into bond or bonds as may the faithful performance and give such bond or hereof between the good faith contract with null and void, otherwise .erSigned S. -1.99S; _ - FAYETTE TREE & TRENCH``INC,4• ' dWitney mess // AMERI-TES INS tr (�, TdlejV�j�/ COMPANYs to., C Cyd �" By Witness 9-1027 (10'39) /1.ttor`ney-in=F}afct, ' * + h : in -1 i. :%jam. "Cs," ' .._ 7 . .w.w.\.:.. en AMERICAN STATES !INSURANCE • LINGO! LINN NA ,NALL CORPORATION LL w ZW ¢ CC � w WH W LL — ZZ LL ¢ W W .0- co d W CC a O - ~ ZO Z U U W Op I ATTEST: � W Z W W D Z�z CC -W-2 gra LL WZ Z¢ U LLO W MARGO L. THAYER, NOTARY PUBLIC HENDRICKS COUNTY, STATE OF INDIANA MY COMMISSION EXPIRES: 12(3(96 ¢ ¢ LL STATE OF INDIANA Q Z COUNTY OF MARION SS W O°- 0 — Z > Q 1— O 3 Z0 w GENERAL POWER OF ATTORNEr American States Insurance Company INDIANAPOLIS, INDIANA KNOW ALL MEN BY THESE PRESENTS, that American States Insurance Company. a Corporation duly organized and existing under the laws of the Stale of Indiana, and having its principal office in the City of Indianapolis, Indiana, hath made, constituted and appointed, and does by these presents make, constitute and appoint ROBERT M. RENNER OR KEVIN RENNER • of Fayetteville and State of Arkansas CO its true and lawful Attomey(s)-in-Fad, with lull power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds recognizances, contracts of indemnity and other conditional or obligatory undertakings provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed 1 TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 ($2,500,000.00) DOLLARS N and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the common seal of the Corporation N and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. This Power of Attorney is executed and may be revoked pursuant to and by authority granted by Section 7.07 of the By -Laws o1 the American States Insurance Company, which reads as follows. "The Chairman, the President or any Vice -President (including any Executive Vice -President, Senior Vice -President, Second Vice -President or Assistant Vice -President) shall have power, by and with the concurrence with any other officer of the Corporation. to appoint Attorneys -in -fact as the business of the Corporation may require and to authorize any such person to execute, on behalf of the Corporation, any bonds, recognizances, stipulations and undertakings, whether by way of surety or otherwise" - IN WITt'ESS' VHEREOF; American States Insurance Company has caused these presents to be signed by its Second Vice-Piesident, attested by its Assistant Vice -President and its corporate seal to be hereto affixed this A.D. 19 Q4 . Assistant Vice -President STATE OF INDIANA COUNTY OF MARION SS On this 29th day of August 29th day of August AMERICAN STATES INSURANCE COMPANY By • resident A D 19 94 , before me personally came Joseph F. Heim to me known, who being by me duly sworn, acknowledged the execution of the above instrument and did depose and say; that he is a Second Vice -President of American States Insurance Company; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of the Board of Directors of said Corporation; and that he signed his name thereto under like authority. And said Joseph F Heim further said that he is acquainted with John J. RosiCh and knows him to be the Assistant Vice -President of said Corporation; and that he executed the above instrument. 5tary.Public 1, John J . Rosich the Assistant Vice -President of AMERICAN STATES INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said AMERICAN STATES INSURANCE COMPANY, which is still in force and effect. This Certificate may be signed and sealed by facsimile under and by the authority of Section 8.03 of the By -Laws of AMERICAN STATES INSURANCE COMPANY which reads as follows: "All policies and other instruments of insurance issued by the Corporation shall be signed on behalf of the Corporation by the Chairman, the president or any vice-president (including any Executive Vice -President, Senior Vice -President, Vice -President, Second Vice -President, or Assistant Vice -President) and the secretary, assistant secretary, or other officer, whose signatures, if the instrument is duly countersigned by an authorized representative of the Corporation, may be facsimilies. Such signatures and facsimiles thereof shall be authorized and binding upon the Corporation notwithstanding the fact that any such officer shall have ceased to be such officer at the time such policy or other instrument of insurance shall have been actually issued by the Corporation." \ In witness whereof, I have hereunto set my hand and affixed the seal of said Corporation, this 3O Tf-May oofft`_ ,3A,J "Pres_ , = A.D., 19 tc �• _ : n. 1— ., ^ 'fe•-• q C ti, Assistant Vice-Presiaeat a;V `., t A .: t.• ,. R`C i• THIS POWER OF ATTORNEY MUST CONTAIN A VALIDATING STATEMENT PRINTED IN THE MA'RGIN'd-rer 1�F.,OFINAde c.,. RED INK, WITH A RED DIAGONAL IMPRINT — AMERICAN STATES INSURANCE — PRESENT IN I1' .ENYIRETY `IF 9-1459 YOU HAVE ANY QUESTIONS REGARDING THE VALIDITY OF THIS POWER OF ATTORNEY, CALL 317-262-6262 OR (2-92) WRITE US AT P.O. BOX 1636, INDIANAPOLIS, IN 46206-1636. 01/15/1998" e3rS4 — Mike Huckabee Go1.m•. 5016824508 Jim Beavers, P E The City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Dear Mr. Beavers: ARDEPTLAHO STATE OF ARKANSAS ARKANSAS DEPARTMENT OF LABOR 10421 WEST MARKHAM • LITTLE ROCK ARKANSAS 72205-2190 (5011 682-4500 • FAX (501) 682-4535 • TDD: (800) 285-1131 January 13, 1998 I LECEIIVED JAN 1 5 98 Re: Water System Improvements Salem M. Water 'Line Extension Fayetteville, Arkansas Washington County i PAGE 01 James L. Salkeld V flavor In response to your request, enclosed is Arkansas Prevailing Wage Determination Number 91-241 establishing the minimum wage rates to be paid on the above -referenced project, provided the cost of all labor and materials exceeds 575,000. Sbould the project cost not reach that amount, there is no obligation to use this wage determination. 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 mirdmum 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 he 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). Also cjclooed h a "Statement of Intent to2ay Prevailing Wages" form that should be put m •r1•'V1. •• 01! h •• • K , : .11 The General\Pnme Contractor is resppnalas.for t 1 18 1 1 111 1 ' • 1 • nit 11 • 1 S• ht' • i. 1/11 1 14t •I Ii '!\• 1 • • (1 •• i ...Y 1,r1.• i • u...1 1 .1 • 1i '1 If you have any questions, please call me at (501) 682-4536. Sincerely, Don Cash Prevailing Wage Investigator enclosure JAN -15-1998 08:10 5016824508 P.01 ski 01/15/1998 08:34 5016824508 • ARDEPTLABOR Page 1 of 1 ARKANSAS DEPARTMENT OF LABOR PREVAILING WAGE DETERMINATION - HEAVY RATE r DATE: January 13, 1998 PROJECT: Water System Improvements Salem Rd. Water Line Extension Fayetteville, Arkansas • CLASSIFICATION Bricklayer/Pointer, Cleaner, Caulker Carpenter Concrete Finisher/Cement Mason Electrician/Alarm Installer Ironworker Laborer Pipelayer Truck Driver Power Equipment Operators: Bulldozer Backhoe, Rubber tired 1 yd. or less' Crane, Derrick, Dragline, Shovel & Backhoe, 1-1/2 yds. or less 11.90 Crane, Derrick, Dragline, Shovel & Backhoe, over 1-1/2 yds. 14.00 Front End Loader 11.85 Mechanic 14.70 Motor Patrol, Finish 13.05 Motor Patrol, Rough - 9.00 Roller 8.05 Scraper, Rough 11.25 Welders --receive rate prescribed for craft performing to which welding is incidental. PAGE 02 DETERMINATION 4: 97-241 COUNTY: Washington EXPIRATION DATE: 7-13-98 SURVEY 4: 797-A1i05 BASIC HOURLY RATE 7.75 10.35 9.40 12.00 15.50 7.75 8.90 9.20 12.55 9.70 Certified July 1, 1997 FRINGE BENEFITS 1.90 . 72 . 46 5.87 1.65 .17 operation CLASSIFICATIONS THAT ARE NOT LISTED, BUT THAT ARE GOING TO HE WORKING ON THIS PROTECT, SHOULD Rb" REQUESTED faq TEE ARKANSAS DEPARTMENT OF LABOR, PREVAILING WAGE DIVISION. THESE WRITTEN REQUESTS SHOULD BE MAMAS SOON AS YOU NOTICE THAT A REQUIRED CLASSIFICATION IS MISSING, NORMALLY- THIS WOULD BE DURING TIS BID PROCESS. JRN 15-1998 06:10 5016824508 P.02 1� 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01/15/1998 08:34. 5016824508 * p, N .'4J 44 4� 0 W " .0 u W4JN 0 Q -C3 3 Oi a 0 •0om3E,3 u 04 h -H aC o CJ 44 fa A 2 W •.s G U H HTS O m W >, m c •H H as m $•� u q H Q G 3 0 V, W O *r1 U u Mro '7 Ii 44 O C N O •4+'•Cat H 1••1 0 0 0 +J H -•1 1 in .0 U m bi m w 44 44 0 a j� 030 m u o is W u -tr L2 4 0 -coO W N 00 a H q U •~i TtA•~-1 n\ 3 43h 0 0 ~ ••O -i q u 0 . 01 NA 0 W -M 0 w q m-nw ° a taG ° "mw -moi 3 LI R o i I tis w�a-0�0 E1 y1 •WC •moi A A, 4.) n H yJ 44 5. N 71 IH•1 a .0c 0 00 m 4 W H 0 L1 U o}p p L m-0 G ~ 0 (aN 74 4! 4..) G m O W • 1'i 010.0 0 >1.34 -m41 VA 0 jWU .T W W • Pi rom"mr 03 -PI o m � s.,(1)i ii U u G •--1 CI 03 tl p 0 O m la 4J •.1 a0., O a4J'O b� 3 43 �De •Gri 0 J C is 3 0 0 u W 0 -H ry E H -m m • HmU h H VI EL 4 0 ry k } 1:14 AC ccy 4 C 2 q, O 3 JAN -15-1998 08:11 ARDEPTL \ OR 5016824508 • lb • • • • • • • • • • • • t 0 0 O • • PAGE 03 P.03 Contract Documents and Bid Specifications Salem Village Off-site Water (A) ADVERTISEMENT FOR BIDS Bid No. 98 - 06 Water system improvements -Salem Road Water Line Extension (aka Salem Village Off-site Water) Fayetteville, Arkansas Sealed bids for the construction of water system improvements along Salem Road, Fayetteville, Arkansas, will be received by the City of Fayetteville, Arkansas, at the Purchasing Division, Room 306, City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas, 72701, until 2:00 p.m.(CST) February 2, 1998, and then at said office, or Room 326, publicly opened and read aloud. The proposed Work generally consists of water line construction including pipeline, fittings and valves, service connections and fire hydrants in accordance with the contract documents. The Contract Documents, consisting of the Advertisement for Bids, Instruction to Bidders, Bid Proposal, Contract, General Conditions, Supplementary Conditions, Payment Bond, Performance Bond, Drawings, Specifications, and Addenda may be examined and obtained at the City of Fayetteville Engineering Office, Room 004, City Administration Building, 113 West Mountain, Fayetteville, AR. Each contractor shall be responsible for the investigation, inspection, and studies of the project site as deemed necessary to familiarize themselves with all conditions encountered. Each contractor shall be responsible to read and comply with the Instructions to Bidders as contained in the Contract Documents. Each bid must be accompanied by a cashier's check or surety bond in an amount of five percent (5%) of the total whole bid. Said bond shall be issued by a resident local agent who is licensed by the Arkansas State Insurance Commissioner to represent the surety company executing said bonds, and filing with such bonds his power-of-attorney. The mere countersigning of the bonds by a resident agent shall not be sufficient. In the event the successful bidder fails, neglects, or refuses to enter into the contract for the construction of said work and furnish the necessary bonds in accordance with the Contract General and Supplemental Conditions, the Owner shall retain said check or bond as liquidated damages. Bids shall be made on the official bid sheets contained in the specifications, and such bid sheets shall not be removed from the remainderof the Specifications and Contract Documents. CA11 bids shall be sealed and the envelope addressed to the City of Fayetteville, Purchasing Office, Room 306, 113 West Mountain Street, Fayetteville, Arkansas 72701, and clearly marked on the lower left side of the bid envelope shall be the following information: The Bid number, The project name/title, the date of the bid opening, the time of the bid opening and the bidding contractor's name and license number.) All bidders shall be licensed under the terms of Act 150 of the 1965 Acts of the Arkansas Legislature. No bidder may withdraw his bid within silty (60) days after the bid opening. The City of Fayetteville reserves the right waive any formalities as deemed to be in Fayetteville. the actual date of to reject any and all the best interest of bids, and to the City of (B) INFORMATION FOR BIDDERS BIDS will be received by WBR Engineering (herein called the " ENGINEER''), at 111 E. Maple, Fayetteville, AR 72701 until 12:00 noon on August 22, 1997. Each BID must be submitted in a sealed envelope addressed to WBR Engineering, at 111 E. Maple, Fayetteville, AR 72701 Each sealed envelope containing a BID must be plainly marked on the outside as BID for ,Salem Village Off - Site Water project #97-46, and the envelope on the outside the name of the BIDDER, his address, his license number if applicable, and the name of the project for which the BID is submitted. If forwarded by mail, the sealed envelope containing the BID must be enclosed in another envelope addressed to the ENGINEER at 111. E. Maple, Fayetteville, AR. 72701. AII.BIDS must be made on the required BID form enclosed with these CONTRACT DOCUMENTS. All blank spaces for BID prices must be filled in, in ink or typewritten, and the BID form -must be fully completed and executed when submitted. Only one copy of the BID form is required. The OWNER may waive any formalities or minor defects or reject any and all BIDS. Any BID may be withdrawn prior to the above scheduled time for the opening of BIDS or authorized postponement thereof. Any BIDreceived after the time and date specified shall not be considered. No BIDDER may withdraw a BID within 60 days after the actual opening thereof. Should there be any reasons why the contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the OWNER and the BIDDER(S). BIDDERS must satisfy themselves of the accuracy of the estimated quantities M the BID Schedule by examination Of the site and a review of the drawings and specifications including ADDENDA. After BIDS have been submitted, the BIDDER shall not assert that there was a misunderstanding concerning the quantities of WORK or of the nature .of the WORK to be done. The OWNER shall not provide to BIDDERS prior to BIDDING all information that is pertinent to, and delineates and describes, the land owned and rights-of-way acquired or to be acquired. The CONTRACT DOCUMENTS contain the provisions for the construction of the PROJECT. Information obtained from an officer, agent, or employee of the OWNER or any other person shall not affect the risks or obligations assumed by the CONTRACTOR or relieve him from fulfilling any of the conditions of the contract. Each BID must be accompanied by a BID BOND (if applicable) payable to the OWNER for five percent (5%) of the total amount of the BID. When the BID prices have been compared, the OWNER will retum the BONDS of all except the -three lowest, qualified, responsible BIDDERS. When the Agreement is executed, the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the PERFORMANCE AND PAYMENT BOND has been executed and approved, after which it will be returned. A certified check maybe used in lieu of a BID BOND. The successful bidder, at their expense, shall furnish the OWNER with a SURETY BOND (if applicable) in the amount equal to one hundred percent (100%u) of the contract price issued in quadruplicate by a corporate surety acceptable to the OWNER and authorized to do business in the State of Arkansas. Attorneys -in -fact who sign BID BONDS or PERFORMANCE AND PAYMENT BONDS must file with each BOND a certified and effective -dated copy of their power of attorney. 2 The party to whom the contract is awarded will be required to execute the Agreement and obtain the PERFORMANCE AND PAYMENT BOND within ten (10) calendar days from the date when NOTICE OF. AWARD is delivered to the BIDDER The NOTICE OF AWARD shall be accompanied by the necessary Agreement forms signed by the OWNER and the BOND forms. In case of failure of the BIDDER to execute the Agreement, the OWNER may at this option consider the BIDDER in default, in which case the BID BOND accompanying the proposal shall become the property of the OWNER The OWNER within ten (10) days of receipt of acceptable PERFORMANCE AND PAYMENT BOND, and Agreement signed by the party to whom the Agreement was awarded shall issue the NOTICE TO PROCEED. Should the OWNER not execute the NOTICE TO PROCEED within such period, the time may be extended by mutual agreement between the OWNER and the CONTRACTOR. If the NOTICE TO PROCEED has not been issued prior to 60 days after the actual date of bid opening, or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party. CONTRACTOR shall begin work within ten (10) calendar days after issuance by the OWNER of the NOTICE TO PROCEED. The OWNER may make such investigations as he deems necessary to determine the ability of the BIDDER to perform the WORK, and the BIDDER shall furnish to the OWNER all such information and data for this purpose as the OWNER may request. The OWNER reserves the right to reject any BID if the evidence submitted by, or investigation of, such BIDDER fails to satisfy the OWNER that the BIDDER is properly qualified to carry out the obligations of the Agreement and to complete the WORK contemplated within. A conditional or qualified BID will not be accepted. Award will be made to the lowest, qualified, responsible BIDDER All applicable laws, ordinances, and the rules and regulations of all authorities which have jurisdiction over construction of the PROJECT shall apply throughout the contract. Each BIDDER is responsible for inspecting the site and for reading and being thoroughly familiar with the CONTRACT DOCUMENTS. The failure or omission of any BIDDER to do any of the foregoing shall in no way relieve BIDDER from any obligation in respect to his BID. Further, the BIDDER agrees to abide by the requirements under Executive Order No 11246, as amended; including specifically the provisions of the .equal opportunity clause set forth in the SUPPLEMENTAL GENERAL CONDITIONS. The qualified, low BIDDER shall supply the names and address of major material SUPPLIERS and SUBCONTRACTORS when requested to do so by the OWNER or Owner's Representative. _,_pre-bid information inspection meeting for prospective BIDDERS will be held at 111 E. Mapl , w e, AR 72701 on at. The . 1. _ • . - available at said time and place to answer questions from . ros r.= : : ! °w .. o :� . _. , .• , a be arranged by contacting thy WBR Engineering 111 E. Maple Fayetteville, AR 72701. (501)521-0611 FAX (501) 521-4328 3 1. 1 1 1 1 1 1 1 1 1 1 1 1 1. 1 1 (C) BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and , as Surety, are hereby held and firmly bound unto • , as OWNER in the penal sum of ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors, and assigns. Signed, this day of ,19 • The condition of the above obligation is such that whereas the Principal has submitted to , a certain BID, attached hereto made a part hereof to enter into a contract in writing, for the construction of Salem Village Off -Site Water as defined in the CONTRACT DOCUMENTS and BID SPECIFICATIONS. NOW, THEREFORE, If said BID shall be rejected, cc if said BID shall be accepted the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection herewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void., otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth above. (L.S.) Principal - Surety. By:.. IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the project is located. 4 ::(D) BID PROPOSAL Salon Village Off -Site Water Construction of Off -Site Water Bidder hereby agrees to perform the work described in the bid specifications, construction plans, and contract documents in accordance with the attached lump sum price. All bid item quantities (attached) that include the initials. "Est." are considered estimates for the purpose of comparing bids. It should be noted that the actual quantity/quantities of material/materials provided will be verified by the ENGINEER and the CONTRACTOR will be reimbursed at the "Unit Price" specified on this Bid Proposal. 4 - - The attached unit prices shall include all labor, materials, bailing, shoring, removal, overhead, profrtT surance, etc. to cover the finished work as called for in the Contract Documents. -7 - The Bidder understands that the OWNER reserves the right .to reject any or all bids and to waive any formalities in the bidding. The bidder agees tat hhis bid shall be good and may not be withdrawn fora period of 60 c"aleddar days after opening of bids. Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal contract attached within 5. days and deliver a Surety Bond of Bonds as required by article 5 of the General Conditions. The bid security attached in the sum of S% 84- Zan et ($ ) is to become the property of the OWNER in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the OWNER caused thereby as required by Article 5 of the General Conditions. PRINCIPAL SUB -CONTRACTORS (if applicable): Company Name: Address: `feet -; : ; ••'w. - . ..• M '- rd t. tee!: ,s 6 7. a rrpst„_. : 1 . Telephone Number. 2. .. Company Name: Address: Telephone Number: 5 A 0 Respectfully Submitted: Title /,A,e4 - Business Telephone: (50/j 502/- .561 :Seal (if llid by Corporation): V,ar 4 `*.4 i l rA'M'Ge I`y v."- 1 . 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 .1. 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 (E) CONTRACT AGREEMENT THIS AGREEMENT, made this / 7#A day of March , 19,yjj , by and between C.O. F herein after called "OWNER" and fdjtkke.. V tt j "Cc doing business as (amoindivideaft, or (a kig), or (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. _ The CONTRACTOR will commence and complete the Off -Site water defined in the CONTRACT DOCUMENTS and BID SPECIFICATIONS. 2. The CONTRACTOR will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the construction and completion of the PROJECT described herein. 3, .The. CONTRACTOR will commence the.work required by the CONTRACT DOCUMENTS by 1991, (after the NOTICE TO PROCEED is given) and will complete the same by 1927, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of F inc--Mogul tbrw 4u.JJ 4%At4 f ✓c ($ (6 395, �) or as shown in the BID schedule. 5. The term "CONTRACT DOCUMENTS" MEANS AND INCLUDES THE FOLLOWING: . (A) INVITATION TO BID 'fir (B) INSTRUCTION TO BIDDERS (C) BID BOND "e: (D) BID PROPOSAL (E) CONTRACT AGREEMENt (F) SPECIAUCONDITIONS ,=`` (G) ARKANSAS STATUTOR-Y; ERFORMANCE AND PAYMENT BOND (11) NOTICE OF'AWARD l ::F,' (I). .NOTICE TO PROCEED''' (J) CHANGE ORDER (K) ADDENDA: No. , dated ,19 No. , dated ,19 Na , dated 19 No. dated , 19 (L) GENERAL CONDITIONS (M) SPECIFICATIONS (N) CONSTRUCTION DRAWINGS (Included as part of Specifications) prepared or issued by: WBR Engineering on 192. • 6. The OWNER will pay to the CONTRACTOR in the manner and at such times as set forth in the . General Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This agreement shall be binding upon all parties hereto and their respectiveheirs, executors, administrators, successors, and assigns. ✓; �g IN WITNESS WHEREOF, the parties hereto have executed, or'caiised to be executed by their duly authorized officials, this Agreement in three (3) copies, each of which shall be'deemed an original_on the date first above .written. i f C •D f S\ zkk be. the. f ckW\€. 7 • State of NY'ic4hSas OWNER: BY: NAME TITLE: County of v,/e{„ray fon ACKNOWLEDGEMENT Gof Fay elle cam, !/e iiu Frees 1-/4)2n4 (PLEASE TYPE) On this day came before me, the undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, Fred !/a 4 n 4 , and stated that he had executed this contract agreement for the purposes and considerations therein set forth. WITNESS MY HAND AND SEAL as Notary Public this/7b4 . day of .. /gie, r,' / . 19 9) . " NOTARY PUBLI 3 -/-loos Commission Expires: CONTRACTOR: 1111111, 72 t NAME (Please Type) ADDRESS: 1 1 1 1 1 1 1 1 1 1 1 1 1 l 1 %ot 700 1 1 1 1 tuiC • v,. �.. • State of Comity of ACKNOWLEDGEMENT On this day came before me a undersigned, a Notary Public within and for the County aforesaid, duly commissioned and acting, titre a/ and stated that he had executed this contract agreement for the purposes and considerations therein set forth. n WITNESS MY HAND AND SEAL as Notary Public this / day of CJ • /D .044i ssion Expires: NOTARY PUBLI 9 I (F) SPECIAL CONDITIONS ' Contractors submitting bids shall, upon request of the OWNER, provide satisfactory evidence that they have experience relative to the type of work involved in the project and that they have the capital, equipment, and personnel to carry out the contract. i2. FEES AND PERMITS • The CONTRACTOR shall obtain and pay for all fees and permits required for construction of the project. The CONTRACTOR shall obtain and pay for all permits, design fees, and related cost involved resulting from a request by the CONTRACTOR to substitute materials or designs for those shown on the drawings or specified in these specifications. 3. CONSTRUCTION SCHEDULE ' At the time the CONTRACTOR(s)submits the executed contract documents, he shall also submit two(2)copies of his proposed schedule of operations. The proposed schedule of operations shall include a detailed schedule of all construction operations that shall not only indicate the sequence of the work, but also the time of starting and ' completion of each part. The schedule shall be submitted to the ENGINEER for his approval. 4. LAYOUT OF WORK. 1 The ENGINEER will provide the basic project layout consisting of control points and bench marks. The CONTRACTOR shall provide the necessary surveys, templates, and equipment required in laying out the executing projects. Control points or monuments which are disturbed or destroyed by the CONTRACTOR will bereset by the ENGINEER, and the cost of resetting the control will be deducted from the amount due the CONTRACTOR and will -be reflected on the periodic estimates. 5• 'TEST t• All quality_ control testing will be paid for by the CONTRACTOR including the retesting required areas failing to meet the specified requirements. Test requirements are specifically stated in the applicable sections in the specifications. I6. LOAD RESTRICTIONS ' The CONTRACTOR shall limit hauling of materials and equipment beyond, the limits of the improvements to comply with all legal load restrictions. The CONTRACTOR shall be responsible for repair of all damage which is beyond the limits of the improvements, but is a result of the CONTRACTOR'S construction operations. No separate t payment will be made for repairs outside the limits of the improvements. 7. STORAGE AREAS Acquisition of off -site storage areas will be the responsibility of the CONTRACTOR No separate payment will be mede for acquisition or use of off -site storage areas. Adequate storage should be available on -site in a designated approved area. 10 x . I 8. DISPOSAL OF WASIE MATERIAL All salvaged materials shall re___the property of the OWNER Items not considered of value by the OWNER shall bedisposed of by the CONTRACTOR 9. _ WATER IPP .Y All water utilized in construction(if applicable)of the project which is obtained from the municipal water supply will be purc7iased by the CONTRACTOR shall coordinate installation of the meter with the City of Fayetteville Water Department and shall pay all permit fees brother costs associated. with the meter. 10. MAINTENANCE WARRANTY: The CONTRACTOR shall provide to the OWNER a maintenance warranty that the CONTRACTOR will maintain, ' repair, and reconstruct. the project in whole or in part for a period of 12 months after the completion and temporary acceptance date of the project by the OWNER in the event of failure due to defective materials or workmanship. Financial assurance of the maintenance warranty shall be provided by a.Maintenance Bond, or by an extension of the PERFORMANCE AND PAYMENT: BOND, in an amount not less than fifty percent(50%) of the total construction cost of the project. All bonds shall be issued by a surety company authorized to conduct business in the State of Arkansas and bond(a) shall be acceptable to the OWNER 11. PROJECT' IMPLEMENTATION ' The CONTRACTOR is advised that the initiation of this project is contingent on the timely completion of preliminary street grading. Even though the agreement between the OWNER and CONTRACTOR may be executed within 10 days after the "Notice of Award" is given, it is conceivable that a'Notice to Proceed" will not. begiven until NEW DATE. This information will be more definitively outlined in the "Notice of Award." The work under this contract is expected to becompleted within 90 calendar days. I2; INSURANCE ItEO1JllcEMEfjTS Before any work is commenced, the CONTRACTOR shall furnish a certificate of insurance addressed to the OWNER, showing that he carries the following insurance which shall be maintained throughout the term of the Contract. Worker's Curnnaasntine Sthtutoiv Amount Co1." 'iehensive General & Automobile nsur nce Bodilyinjury Liability ... ' $500,000 for each injured person $1,000,000 for each accident • Property Damage.Irability $250,000 for each accident $500,000 aggregate If work includes pipelines or other underground structures, the Property Damage Liability(Comprehensive General Liability Insurance) shall be $250,000 each accident and $500,000 aggregate. The insurance shall include explosion, collapse, and underground coverage. - II .. . . '. I The Premiums for all insurance and the bond required herein shall be paid by the CONTRACTOR. It shall be the obligation of the CONTRACTOR to complete and deliver to the OWNER the structure required by these contract documents regardless of any loss, damage to, or destruction of the structure prior to delivery. The CONTRACTOR shall exercise proper precaution for the protection of persons and property. The ' CONTRACTOR shall obtain insurance running for the construction period of the project naming as the insure the ENGINEER. Such insurance shall be in form and substance similar to Railroad Protective Liability Policy as approved by Federal, State, and Railroad Agency. Limits of liability shall be the following: Bodily Injury Liability(Including Death) $1,000,000 each occurrence Physical Damage Liability (Damage to or Destruction to Property), -. $250,000 each occurrence $500,000 each aggregate The CONTRACTOR shall either (1) require each of his sub -contractors to procure and to maintain during -the life ' of his contract, Subcontractor's Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 13. COORDINATION OF PLANS SPECIFICATIONS AND SPECIAL CONDITIONS These specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; special provisions will govern over plans and specifications; plans will govern over specifications. The CONTRACTOR shall take no advantage of any apparent error or omission in the plans or specification. In the event the CONTRACTOR discovers such an error or omission, he shall immediately notify the ENGINEER;_ The ENGINEER will then make such corrections as may be deemed necessary for fulfilling the intent of the plans and specifications. The OWNER will be responsible for the accuracy of the planned lines, slopes and grades. The CONTRACTOR must satisfy himself before commencing work as to the correctness and meaning of all stakes, measurements, and marks. No claim will be entertained on account of alleged inaccuracies unless the CONTRACTOR notifies the ENGINEER thereof in writing in time for ENGINEER to verify or check such stakes or marks before the work is commenced The divisions and sections of the Specifications and the identifications of any drawings shall not control the CONTRACTOR in dividing the work among Sub -contractors or delineating the work to be performed by any •' specific trade. 14. ENGINEER The "ENGINEER" as defined for these specifications will be a representative from a qualified engineering/consulting firm (contracted directly with the OWNER) assigned -to oversee the project. 1 1 . 12 I 15. CONTRACTOR'S RF pONSIB iTy , The CONTRACTOR will supervise and direct the work efficiently and with his best skill and attention. He will be solely responsible for the means, methods; techniques, sequences, and procedures of the construction: The CONTRACTOR will be responsible to see that the finished work complies accurately with the Contract Documents. The CONTRACTOR will be responsible for supplying and installing storm water pollution prevention controls including but not limited to straw bales, silt fence, and other sediment traps in the construction area. The CONTRACTOR will provide additional controls to minimize erosion and related storm water pollution at the request of the ENGINEER The successful CONTRACTOR(s) will be responsible for the acquisition and maintenance of the necessary construction NPDES storm water permits (when applicable). The CONTRACTOR will provide and keep on the work at all times during its progress a competent resident superintendent, who shall not bereplaced without written notice to the OWNER and ENGINEER except. under extraordinary circumstance. The Superintendent will be the CONTRACTOR's representative at the site and shall have authority to act on behalf of the CONTRACTOR All communications given to the Superintendent shall be .as binding as if given to the CONTRACTOR The CONTRACTOR will be responsible for controlling dust and noise pollution during the construction. The CONTRACTOR will provide competent, suitable qualified personnel to survey and lay out the work and perform construction as required by the contract documents. He will at all times maintain good discipline and order at the site. 16. Materials and equipment furnished by the CONTRACTOR shall be new except where otherwise specified. The '. CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment where specified in these specifications or as requested by the ENGINEER 17. SUBSIlFulE MATERIALSO nph *r If it is indicated in the Specifications that the CONTRACTOR may furnish or use a substitute that is equal to any material or equipment specified, and if the CONTRACTOR wishes to furnish or use a proposed substitute that will perform adequately the duties imposed by the general design, be similar and of equal or greater substance to that specified, and be suited to the same use and capable of performing the same function as that specified, the CONTRACTOR must obtain written approval from the ENGINEER who shall be the judge of equality. 18. CLAIMS.DAMA('FS AJ D i iA T SS The CONTRACTOR will indemnify and hold harmless the OWNER and their agents and employees from and against all claims, damages, losses; and expenses including attorney's fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury or to destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (b) is caused by a negligent act or omission of the CONTRACTOR, any Sub- contractor, anyone directly or indirectly employed by any of them or anyone for whose acts they may be liable. In any and. all claims against the OWNERS or any of their agents or employees by any employee of he CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or anyone for. whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONTRACTOR or any Subcontractor under Workmen's Compensation acts, disability benefit acts, or other employee benefit acts.. I 13 The obligations of the CONTRACTOR shall not extend to the liability of the ENGINEER, his agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, design, or specifications or (b) the giving of or failure to give directions or instructions by the ENGINEER, his agents or employees provided such giving or failure to give is the preliminary cause of injury or damage. The general survey and layout of the engineering control is the responsibility of the ENGINEER This includes the definition of the location site benrhmark(s) and street centerline as offsets. All other work to develop the day to day. construction staking for the particular facets of the project will be the responsibility of the CONTRACTOR Special Note: A permanent concrete control marker will be provided in the vicinity of the working area. Penalty of $500 per monument per occurrence for damages to markers will be deducted from each progress payment. 1 :: 1 ': /ul ►Y The basis for payment for each item of work is to be in accordance with the methods described in the General Conditions. Quantities listed as 'Est." on the Bid Form are estimates and are provided in order to maintain uniformity among bidders. The OWNER may retain the services of the ENGINEER to determine actual quantities of all "unit price" items noted on the Bid Form. All reimbursements to either party (OWNER/CONTRACTOR) will be based on the OWNER's (or ENGINEER's, if the OWNER has retained the services of the ENGINEER) determination and the Unit Price submitted at the time of bid The CONTRACTOR shall submit all invoices / receipts associated with Unit Price Work with each application for progress payment to the OWNER (or ENGINEER, if applicable). At the end of each month the OWNER (or ENGINEER, if applicable) shall prepare a certificate estimating the total value of work done during the preceding month. The OWNER shall thereafter pay to the CONTRACTOR on or about the tenth day of the current month the amount due as established by the OWNER (or ENGINEER, if applicable), including the value of submitted paid invoices covering construction materials which are required for the work which are stored at the job site or in a bonded warehouse, less retainage specified below, further less all previous payments, further less five percent (5%) until the requirements of item 21 of the Special Conditions have been satisfied, and further less all amounts due to the OWNER The CONTRACTOR shall be responsible for any "incidental items" covered in the Contract Documents that are not listed as a separate pay item on the Bid Form. These items shall be included in the total Contract Amount. The following methods of measurement are used to determine contract quantities for payment: (1) For individual construction items, longitudinal and lateral measurements for area computations will be made horizontally or corrected to horizontal measurement unless otherwise specified. (2) For items that are measured by the linear foot, such as pipe culverts, guard rails, under drains, etc., measurement will be made parallel to the base or foundation upon which the structures are placed, unless otherwise specified. (3) The "average end area method" will be used to compute volumes of earthIwork, base course, other materials specified for measurement byte cubic yard, unless otherwise specified. Wherein the judgment of the ENGINEER, the " average end area method" is impractical, measurement will be made by other three dimensional methods. 14 I 21. TAXES State Law requires the OWNER to withhold five percent (5%) of any payments due to a resident CONTRACTOR until advised by the Commissioner of Revenues that all use. tax due to the State has been paid by the CONTRACTOR or that he has furnished bond to the State. Five percent (5%) must also be withheld from a non- resident CONTRACTOR until advised that the CONTRACTOR has registered with the State. The five percent (5%) retainage in this paragraph shall be in addition to any other retained percentage referred tout the contract document. 22. SAY It shall be the CONTRACTOR'S complete responsibility to provide all safety equipment for the protection of his work, existing structures, and his workmen, and he shall bid by all local, state, and federal safety codes. The OWNER and ENGINEER will not be responsible for the acts. or omissions of any CONTRACTOR's or Subcontractor's agents or employees or any the person performing any other work under the construction contract. 23. CONrxAuiORS LICENSE • CONTRACTORS submitting bids in the excess of $20,000 must be licensed under the terms of Act 150 of the Acts of 1965, Arkansas General Assembly as amended, prior to the execution of contract for the work included in this project. Subcontractors submitting bids in excess of $20,000 must also be licensed under the terms of Act 759 of • the Acts of 1987, Arkansas General Assembly, prior to execution of the contract for work. 24. LIQUIDATED D MACES FORD AY The CONTRACT agrees that time is the essence of this Contract and that for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work herein specified and contracted for after due allowance for such extension of time as is provided for in the Standard General Conditions of the Construction Contract, the OWNER may withhold, permanently, from the CONTRACTOR's total compensation the sum of Three Hundred Dollars ($300.00) as stipulated damages for each day of such delay. 25. CONtRACtOR'S APPLICATION FOR PAYMENT CERTIFICATION The CONTRACTOR certify that: (1) all previous payments received from OWNER on account of Work done under the Contract have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by all prior Applications for Payment; (2) title to all Work, materials, and equipment incorporated in said Work or otherwise listed in or covered by the Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interest, and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such liens, claims, security interest, or encumbrance); (3) all Work covered by the Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. I 11 I I L L I- II I I I I ' ((1). ARKANSAS STATUTORY PERFORMANCE AND PAYMENT BOND I 11 I I J I I li I I I We, a Principal, hereinafter called Principal, and a corporation organized and existing under the laws of the. State of Arkansas and authorized to do business in the State of Arkansas, as Surety, hereinafter called Surety, are held firmly bound unto as .Obligee, hereinafter called OWNER, in the amount of Dollars ($ ), for the payments whereof Principal and Surety bind themselves, their heirs, personal representatives, successors, and assigns, jointly and severally, firmly by these presents. Principal has by written agreement dated OWNER for the construction of sewer line. hereinafter referred to as the Contract. entered into a contract with which contract is by reference made a part hereofy and is The condition of this obligation is such that is the Principal shall faithfully perform the Contract on his part and shall fully indemnify and save harmless the OWNER in making good any such default, and further, that if the Principal shall pay all persons all indebtedness for labor or materials furnished or performed under said Contract, failing which such persons shall have a direct right of action against the Principal and Surety, jointly and severally under this obligation, subject to the OWNER's priority, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. No suit, action or proceeding shall be brought on this bond outside the State of Arkansas. No suit, action, or proceeding shall be brought on this bond except by the OWNER after 12 months from the date final payment is made on the Contract, nor shall any suit, action, or proceeding be brought by the OWNER after two years form the date on which the final payment under the Contract fall due. Any alterations which may be made in the terms of the Contract, or in the work to be done under it, or the giving by the OWNER of any extension of time for the performance of the Contract, or any other forbearance on the part of either the OWNER or the Principal to the other shall not in any way release the principal and the Surety of Sureties, or either or any of them, their heirs, personal representatives, successors, or assigns form their liability hereunder, notice to the Surety or Sureties of any such alteration, extension, or forbearance being hereby waived. 16 1 In no event shall the aggregate liability of the Surety exceed the sum set out herein. Executed on this . `.day of ,19__ Principal By: Surety By: Attorney -in -fact • 1 (H) NOTICE OF AWARD A Notice of Award will be given to the successful CONTRACTOR from the OWNER upon compliance. by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified in these documents at which time the OWNER will sign and deliver the agreement. ' - 1 (1) NOTICE TO PROCEED Upon execution of the agreement, the OWNER will issue a written.notice to CONTRACTOR (with a copy to ENGINEER) fixing date on which the Contract Time will commence to run and on which • CONTRACTOR shall start to perform CONTRACTOR'S obligations under the Contract Documents. l7 (J) CHANGE ORDERS SALEM VILLAGE OFF -SITE WATER CONTRACT COST CHANGE ORDER PROJECT: PROJECT LOCATION: CONTRACT NUMBER: REQUEST FOR CHANGE ORDER BY: DATE OF REQUEST: .. - DESCRIPTION OF CHANGE ORDER OR WORK DIRECTIVE CHANGE: ITEMIZED BREAKDOWN OF COST ADDITIONS/DEDUCTIONS ASSOCIATED WITH THE ABOVE CHANGE ORDER. A. NET MATERIAL COST/UNIT AND QUANTITIES: B. TAXES:. C. PLACING COST/LABOR: D. W.C. INSURANCE PREMIUM AND FICA TAX: E. OVERHEAD AND PROFIT --12% MULTIPLIED BY (A+B+C+D): F. ALLOWABLE BOND PREMIUM: ELI I TOTAL COST ASSOCIATED WITH LISTED CHANGE ORDER: (A+B+C+D+E+F)= EXECUTED THIS DAY OF ,19 ' CONTRACTOR: ;.PROJECT ENGINEER: AUTHORIZED REPRESENTATIVE OF OWNER: (K) AGENDA Agenda (if any) which clarify, correct, or change the bidding documents or contract documents will be issued prior to the openingof and will become--a-part of the "Contract Documents." (L) GENERAL CONDITIONS The following General Conditions which were developed by the Engineers Joint Contract Documents Committee were issued and published jointly by the National Society of Professional Engineers, Construction Engineers Council, American Society of Civil Engineers, and Construction Specifications Institute. The General Conditions document has been approved and endorsed by the Associated General Contractors of America. These conditions have been prepared for use with Owner -Contractor Agreements and are a binding part of.these Contract Documents. SALEM VILLAGE OFF -SITE WATER• FAYETTEVILLE, ARKANSAS BID FORM (MAIN LINE WATER) ITEM NO... DESCRIPTION QTY. I 8" DR -1 4(C900) PVC WATERLINE. 1500 COMPLETE IN -PLACE INCL., EXCAVATION BEDDING AND BACKFILL 2 . CI_ MECHANICAL JOINT FITTINGS 1000 INSTALLED COMPLETE INCL. THRUST BLOCKING 3 8 INCH AWA GATE VALVE 1 INSTALLED COMPLETE INCL. - •VALCE BOX AND THRUST BLOCKING 4 FIRE HYD. INSTALLED COMPLETE 1 INCL. TEE, VALVE, VALVE BOX, • AND THRUST BLOCKING 5. ASPHALT STREET CUTND REPAIR 60 COMPLETE (NOT INCL. SB-2 BACKFILL) 6 GRAVEL DRIVEWAY CUT AND REPAIR 5 COMPLETE INCL. GRANULAR BACKFILL 7 CONC. DRIVEWAY CUT AND REPAIR 2 COMPLETE INCL. GRANULAR BACKFILL 8 SB-2 BACKFILL FOR STREET 200 COMLPETE IN PLACE 9 8"X8" TAPPING SLEEVE AND VALVE COMPLETE INCL. THRUST BLOCKING AND VALVE BOX 10 FENCE CUT AND REPAIR COMPLETE 11 4" TOPSOIL COMPLETE IN PLACE UNIT UNIT COST TOTAL COST L.F. //0O a29, 000.00 ' LBS 3. 15 3750.00 EA. 6/0.0° C/o. o0 EA. 45q6.00 1, 54500 , LF 0.00 2,-/o0.00 EA 200.00 / 000. co F�'1i�a •R � I ♦.+*vim EA I %2.00 ^/' -00.00 !! a. c TONS 2.60 °2,;5500.00 1 EA J, 350.co i35O'° oo 4 EA . ,. goo. po 1500 SY .o0 '5o : o0 SALEM VILLAGE OFF -SITE WATER FAYETTEVILLE; ARKANSAS __ BID FORM (MAIN LINE WATER) ITEM UNIT TOTAL "" . • NO. DESCRIPTION H QTY. UNIT COST COST 1 12.. SEED AND MULCH COMPLETE 1500. SY 1,600.0°... •' 13 ROCK EXCAVATION COMPLETE 50 CY (ESTIMATE ONLY, ACTUAL TO BE) �a °O 30 ��• • (DETERMINED IN FIELD). ------a---- TOTAL CONSTRUCTION COST •4 jf r 4"(? , Vie. flf6o5 00� CONTRACTOR AUTHORIZED SIGNATUR ' y JT nY �� •„ try ^� _ ..-. . .. i SALEM VILLAGE OFF -SITE WATER FAYETTEVILLE,ARKANSAS BID FORM (REHAB SERVICES SUPPLEMENT TO MAIN LINE INSTALLATION) ITEM I •UNIT TOTAL NO. DESCRIPTION QTY. UNIT COST COST 1 1 INCH COPPER SERVICE LINE INSTALLED COMPLETE INCL. POLYWRAP EXCAV„ BEDDING AND BACKFILL 2 3/4 INCH COPPER SERVICE LINE INSTALLED COMPLETE INCL. POLYWRAP EXCAV., BEDDING AND BACKFILL 3 2'PIG BORE AND PVC CASING COMPLETE INCL. COPPER CARRIER PIPE INSTALLED IN CASING 3A STREET CUT AND REPAIR COMPLETE GRANULAR BACKFILL 4 DBL. WATER METER SETTING COMPLETE IN -PLACE INCL. TAPPING SADDLE, CORP STOP AND METER BOX 5 SGL. WATER METER SETTING COMPLETE IN -PLACE INCL. TAPPING SADDLE, CORP STOP AND METER BOX 6 3/4 INCH SCHEDULE 80 PVC SERVICE LINE INSTALLED COMPLETE TO CONNECT HOUSE SERVICES INCL FITTINGS 50 L.F. 750 %C, oO ✓ 350 L.F. , ao 50 L.F. 1 /2.50 (0.2500 40 L.F. 4.00 /, 4OO.6O 2 EA 00 (050 . oo 6 EA. �7S. O0 /,1660 . oO ' 300 LF dO o2_00 • SALEM VILLAGE OFF -SITE WATER FAYETTEVILLE, ARKANSAS BID FORM (REHAB SERVICES SUPPLEMENT TO MAIN LINE INSTALLATION) ITEM UNI NO. _DESCRIPTION QTY. UNIT TOTAL CONSTRUCTION COST CONTRACTOR .E AUTHORIZED SIGNATURE I T TOTAL" I COST COST 1 g' 390.oc- 1 I. 1 i 1 .. t 1 1 1 3TA�LE OF CONTENTS OF GENERAL CONDITIONS S� Arti• cle or Paragraph .• Number & rule Nu 1:' DEFINITIONS ...................... . ........... LI Addenda 1.2..:... ...:.........:............... -.Agreement :....:.................._.. •1.3 Application for Payment ..... 1.4 I........ Asbestos 1.5 ............................. Bid 1.6... .... ...... .....::................. .•Bidding Documents...: 1.7' " ................. Bidding Requirements ................ l.8. . Bonds I.9 ................................ .Change Order 1.10 .............:......... Contract Documents .................. 1.11 Contract Price 1.12 ........................ Contract Times 4.13 .. ........ ............... CONTRACTOR 1.t4... ...................... defective ........... 15Drawingc .................. 1.16. ..... .... .... Effective Date of the Agreement I. I7. ...... ENGINEER.,.......................... I18. ENGINEER'sConsultant ............. 1.19 Field Order 1.20 ••.....•.,..,...,,. .... General Requirements 1.21 ................ Hazardous Waste • 1.22 ..................... Laws and Regulations; Laws or Regulations .....,:.: 1.23 ....:.......... Liens ................................. _ 1.24 Milestone I.2S ............................. Notice of Award 1.26 ... ..................... Notice 10 Proceed 1.27 .................... . OWNER • 1.28 ..... ....... ............. I,.. "Partial Utilization 1.29 ... ..................... PCBs 1.30 .........••••S••••• •*,.......... Petroleum :.... 1.31 ............. ......:.. Project 1:32 ..... ...... .....1.1.....,. ... .. Radioactive Material 1.33 ................. Resident Project Representative ....... 1.34 Samples 1.35 .............................. Shop Drawings 1.36 - ....................... Specifications 1.37 ...............4. Subcontractor 1.38 ..................... Substantial Completion 1.39 ............... . Supplementary Conditions 1.40 ............. Supplier 1.41. ........................ ..Underground Facilities 1.42 ........... • .... Unit Price Work 1.43 .. ..: ............... 4...... Work 1.44 ................. ..... ......:..... Work Change Directive 1.45 ............... Written Amendment ......,........... 2. PRELIMINARY MATTERS .:..:................. 2.1 Deliveryof Bonds ....:...... . ........ 2.2 ' ' Copies of Documents .............:.... 2.3 Commencement of Contract Times; Notice to Proceed .................. 2.4 . Starting the Work ..................... Page mber 13 13 13 13 13 13- 13 13 13 13 13 13 13 13 13 13 13 13 13 13 14 14 114 14 14 14 14 14 .14 14 14 14 14 14 14 14 14 14 •14 14 14 14 14 15 IS- IS 15 15. 15 15 I5 Article or 1 Number & 2.5.2.7 Page Number Starting Construction; - wr A Rtw,1 V R s. nesponstonny to Report:. Preliminary Schedules; - Dclivery:of Certificates of ... Insurance ............................ 15 2.8 Preconstruction Conference ,,,,,,,,,,, • ,I5 2.9 Initially Acceptable Schedules'..:....,-. " 16 3 ONTRAT, DOUMENTS: INTEN AMENDING, REUSE ........................... 16 3:1=3.2 Intent ................................ 16 3.3 Reference to Standards and Specifications of Technical Societies; • Reporting and Resolving Discrepancies 16 3.4 Intent of Certain Terms or Adjectives .. 17' 3.5 • . Amending Contmet Documents • . , ..... 17 3.6 Supfilcmcnting Contract Documents ... 17 3.7. Rcusc or Documents ...........:. 17 4, AVAILABILITY OR LANDS; SUBSURFACE AND PHYSICALCONDITIONS; REFERENCE POINTS . 17 4.1 Availability of Lands .....:............ 17 4.2 •Subsurface and Physical Conditions ... 17. 4.2.1 Reports and Drawings ................ 17 4.2.2 Limited Reliance by CONTRACTOR Authorized Technical Data :..,,1.,. IS 4.2.3 Notice of Differing Subsurface or Physical Conditions .................. 18 4.2.4.- . ENGINEER's Review ................ IS 4.2.5 Possible Contract Documents Change . IS 4.2.6 Possible Price and Times Adjustments . IS 4.3 .. Physical Conditions —Underground Facilities .................:f.:...,.. .- I8 1 n or Indicated .................. 18 4.3.2 Not Sh own or Indicated ..........,.:, - 19 4.4 Reference Points ...................... 19 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material :., ,.. 19 5. BONDS AND INSURANCE ....:..:= 20 5.1-5.2 Performance, Payment and Other Bonds : 20 £3 - Licensed Sureties and Insurers; Certificatos of Insurance ............ 20 5.4 CONT'RACTOR'S Liability Insurance . 20 £5 OWN ERs Liability Insurance ...... ... . 21 5.6 Property Insurance 21 5.7 Boller land Machinery or Additional Property Insurance .........:::.:... .21 5.8 Notice of Cancellation Provisions ..,.. 21- 5.9 CONTRACTOR's Responsibility for Deductible Amounts ........ . ....... 22 5.10 Other Special Insurance ............::. 22 5,11 Waiv of Rights ................:..... 22 0 . ... 111 Article or Paragraph . Page Article or Paragraph page t Number & -Title Number - . Number & Title Number 5.12-5.13 Receipt and Application of Insurance 8.6 Change Orders29 Proceeds ...............::.:........ 22 8.7 Inspections, Teats and Approvals „..., 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate Option to Replace .................. 22 CONTRACTOR's Services ...::..:: '. 29 5.15 Partial Utilization -Property 8.9 Limitations on OWNER's Insurance .......................... 23 Responsibilities ........:........::.. 30 ' f 8,10 Asbestos; PCBs, Petroleum..Hpmtdous,-1 111 6. CONTRA..................................................'ioaca.:. - 30 6.1.6.2 Supervision and Superintendence ...,.... 23 8.11 Evidence of Financial Arrangements •. •. 90 r 6.3,5 Labor, Materials and Equipment 1111... 23 g, ENGINEER'S STATUS DURING 6.6 Progress Schedule ...................: 23 CONSTRUCTION ...:...........:......,.....,.. 30 6.7 Substitutes and "Or -Equal" Items; .9.1 . OWNER's Representative ............ 30 CONTRACTOR's Expense; 9i Visits to Site ..................:....... 30 f Substitute Construction es 9.3.. Project Representative ...........,,... 30 Methods or Procedures; 9,4 , Clarifications and Interpretations :....- 30 ENGINEER'S Entract rs, Suppliers .... 23 9.5 Authotiud Variations in Work,.::.: 30 6.8-6,11 Concerning Subcontractors, Suppliers 9,6 Rejecting Defective Work ............. 30 1� and Others; Waiver of Rights .. , ...: 24 9.7-9.9. , Shop Drawings, Change Orders add 6.17 Potent fees and Royalties 25Payments 31 6:13 Permits ..................::... .....i. 25 6.14 ...................................................... 0 tfor t Price.:;:i 31 9.11-92 Decisions on Disputes; ENGINEER as 6.15 Thxes Premises ....................:..... 25Initial Interpreter 1,........,.., _..., 31 6.16 Use of Premises ..................... 26 6.17 Site Cleanliness ..:...........•......•_ 26 9.13 Limitations on ENGINEER'S 6,18 Safe Stryctural Loading...::....,..... 26' Authority and Responsibilities :.:::: 31 'F 6.19 Record Documents .................. 26 J 10 6.20 Safety and Protection ................. 26 , CHANGES IN THE WORK ...............:......•32 6.21 Safety Representative ...:............. 26 10.1 OWNER Ordered Change 32 6.22 Hazard Communication Programs ...., 27 10.2 Claim for Adjustment ...........::.:.. 32 6.23 Emergencies .........:................ 27 10.3 Work Not Required by Contract 6.24 ' Shop Drawings and Samples .......... 27 Documents ..................::.... 32 6.25 Submittal Procedures; .10.4 ' Change Orders 10,5. Notification of Surety ...........1111. 32 CONTRACTOR's .Review Prior to Shop Drawing or Sample Submittal . 27 11. CHANGE OF CONTRACT PRICE .............. 32 6.26 Shop Drawing & Sample Submittal;. .11.1,11.3. Contract Price; Claim for Adjustment;' -- Review by ENGINEER ....,..v.... 27 Value of the Work ...... ::,. 32 6.27 Responsibility for Variation From 11.4 Cost of the Work .1 .............:....: 33 Contract Documents . , 1,. 1....11.... 27 11,5 Exclusions to Cost of the Work' ...- ... 34 6.28 Related Work Performed Prior to 11.6 CONTRACTOR's Fee 34 ENGIN EER's Review and Approval 11.7 Cost Records ...............:..:...... 34 .1 of Required Submittals 27 11.8 Cash Allowances ...............:..... .35 6.29 ' Continuing the Work .................. 28 11.9 Unit Price Work ............ .......,,, 35 1 6.30 CONTRACTOR's. General Warranty and Guarantee ............. 28 12. CHANGE OF CONTRACT TIMES ......... ,. 35 6.31.6.33 Indemnification 12.1 Claim for Ad ustment ...,,....,.,..... 35 .......... 28 j 6.34 Survival of Obligations 11;1......1.1111 28 12.2 Time. of the Essence ..........,:..g.... 35 7. OTHER WORK 12,3 Delays Beyond CONTRACTOR'S ... I. 29 Control .......................:::.. 35 7.1.7,3 Related Work at Site ..............:.... 29 12.4. Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR's Control...........: 35 B. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION; I 8.2 Replacement of ENGINEER 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay PromptlyWhen WORK.............................:::111... 36 Due ................................ 29 13.1 Notice of Defects .1000.,..:........... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ......... r:....:, -, 36 •� Tests ...... ....... .................. .29 133 Testa andlnspectiona;Conttpcttx's 8,5 Insurance r.,.....,................,..... 29 Cooperation 36 . 1111.. r ' t , Number Number & Title ' Article or Paragraph-eor Number Qi 7irfeParagraphPage 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 14.1$ WaiverofClaims .................... 40 13,6.13.7 CoveringWork Prior to Inspection, )5. SUSPENSION OF WORK AND Testing or Approval ....I........... 36 TERMINATION ' 13.8-13.9 Uncovering Work at ENGINEER'S 40 Request .......::.................. 36 15.1' OWNER May Suspend Work ........... 40 13.10 - OWNER May Stop the Work ......... 15,5, 36 i5:4.' N May Terminate ...:. ... 13.11 : Correction or Removal of Defective. J7CONTRACTOR May Slop Workk..r v-iu ' Work ....I .......................... ... Terminate ........................•. 4l 13.12 Correction Period .... I....... 13.13 Acceptance of Defective Work ........ 37 I 16. DISPUTE RESOLUTION ...................:... 41 .nI3;14 OWNER May Correct Defective Work17. MISCELLANEOUS.... ...:...:..::.............. ................... h7.1 - Giving Notice 17.2 Computation or Times ................ 42 ' 14, .PAYMENTS TO CONTRACTOR AND -173 Notice of Claim ...................... 42 COMPLETION ..........::.:....•.............. 37 17.4. ' Cumulative Remedies .... .....:..:.:'.:' 42 14.1 Schedule of Values .................... 37 .17.5 Professional Fees and Court Costs 14.2 Application for Progress Payment ..... 38 Included 42 • 'P 14.3. CONTRACIOR's Warranty of Title ... 38 - 14.414.7 Rcvicw of Applications for EXHIBIT GC•A (Optional): Progress Payments 38 Dispute Resolution Agreement (Optional). •.....GC•AI 14.8.14.9 Substantial Completion ............... 39 16.1.16.6. Arbitration.................... GC•A1 ' 14.10 Partial Utilization -. .................... 39 16.7 : Mediation ..................... GC -A2 14.11 Final Inspection ...................... 39 • ii _:TI f .. ...- •. . 3 Article or Paragraph Number Acceptance of — Bonds and Insurance .............. .......1,., ...... .,5,14 defective Work ....................... 10,4.1, 13.13,13,15 final payment ................................. 9.12, 14,15 .... itlsumnce, I ......0... to o..... ♦...........1 ,,,_...... , 5.14 other Work, by CONTRACTOR ..,,,.1,,,,,,,,,,,,,, 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 ...... 1 , 11 .. 1 ... , . , , . , 1 ... . .......... 4.1 site, related work ......,1 ..............1..11.....1.,. 7.2 Work, s .............................. 13.2, 13:14, 14.9 Acts or Omissions—, Acts and Omissions — _..CONTRACTOR .............. . ..:.:........ 69,1, 9.13.3 ENGINEER .........:................ ...... 6.20, 9.13.3 •OWNER ............. ... ....................... 6.20t8:9 Addenda -definition of (also see definition of Specifications) .:.1.11:,,1 (1.6, 1.10, 6.19) 1.1 Additional. Property Insurances .................1111.... 5.7 Adjustments - Contract Price or Contract. Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9:0,9.5, 10.2.10.4,.1 1, 12, 14.8, 15.1 progress schedule . ... .: ..............:........':.... 6.6 Agreement- definition of...... . . .. . , . . . . . . . . . , . . .. . . . . . . . . . . . .. . . 1.2 .All risk Insurance, policy form ........................5.6.2 Allowances, Cash 11.11......1......111.1.....111.1.., 11.8 - Amending Contract Documents ..............:..,......3.5. .Amendment, Written- in general.:,.. 1.10, 1,45, 3.5, 5.10, 5.12, 6.6:2, 6.8.2: 6.19, 10.1, 10,4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR " intent to ...................... 9.10, 9,11, 10.4, 16.2, 16.5 Application for Payment— definition of.... ....,..,,. ....•.. •t • • ts••l. f..................................11..1. 1.3 'ENGINEER'S Responsibility .,1,.. ...... ,..,,..,..1.1 9.9 final payment .................. 9.13.4, 9. 13.5, 14.12.14.15 ip 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) 1111 ......................... 16.1.16.6 Asbestos- -claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized 10 stop Work ........11.4.5.2 definition of ..............................:.::., 1.4 4 OWNER responsibility for .............. . ... . 4.5. I.. B possihlo.price and limes change 1,..1.1. .:....... 4.5.2 Authorized Variations in Work ...1....... 3.,, 6.25, 6.27, 9.5 Availability of Lands ..........................1,.,.4.1, 8.4 Award, Notice of —defined ............................ 1.2$ Before Staving Construction ........................ 2.5.2:8 Bid-....clefinition of ...................................... 1.5 (1.1,1.10;2.3,3.3,4.2.6.4,6.13, 11.4.3, 11.9.1) Article or Paragrap Numb Bidding Documents -definition or.....,,.,...,,., i.6,(6.8, BidAing.Raquirements-definitions of ..... 1.7(1.1, 4,2.6,2) Bonds — acceptance of .........................:............ 5.1 1 additional bonds ..:........:............... 10.S, 11.4.5.1 Cost of the. Work ............................... . 11,5.4 definition oft:,1.::.:::.:.........:...:.:..::... ..1 I. delivery of . .......... ........ .:....:..... ..... .. 2.1. 5. final application for payment ................. 14.12.14,1 general :..,.,•.........I,I0, 5,1.5,3, 5,13, 9.13,10,5, 14.7.6 performance, Payment and Other .......:.........511.5. Bonds and Insurance —in general .•• , , . ,1111, .. , , ,1111. Builder's risk "all risk" policy'forth ......:.... 1, 1... 5.6,2 Cancellation Provisions, Insurance ,1...... 5.4.11., 5.8, 5.11 Cash Allowances ...................................... II, Certificate of Substantial Completion,...., y' 1.38, 6,30.2.3, 14.8, 14,10 Certificates of. inspection .......,.,.,:.•9.13.4, 13.5, 14:1 Certificatesof Insurance •.2.7, 5.3, 5.4.11,5:4.13, 5.6.5, 5.81 . 5l4, 9.13.4, 14.12 Change in Contract Price — Cash Allowances .:• ............................:... I1. claim ror price adjustment ..... 4.I,.4.2.64.5, 5.1,.6.8.2 9.4, 9,5, 9,11, 10.2, 10:5,..11.2; 13.9, 13. I3 f3.14, I5.1,l5.� CON7'RACI'OR:s fee ..............:,:,::::.1,:.c:,. il. Cost of the Work general...........................11.....,,. 11,4.11.7 Exclusions toI•••••!.....••..••••• ••u•p.. • •4 11.5, Cost Records ,,..,,:......:..;.::................: II.7 in general 1,,,,,,,,,,,,, 1,19, 1,44, 9.11, 10,4,2, 10,4.3, 11 Lump Sum Pricing ............................... 11.3.2 tpcofonofSurety ............................... 10.5 S o 10.3.10.41 Testing and Inspection, Uncovering the Work......... 13.9 Unit Price -Work 1111: ...........................0901 11,9 Value of Work ........ ..................::....:..: 11,3' Change in Contract Times — Claim for times adjustment ....4.I, -4.2.6,-4.$15.l$, 6,8,2, • 9,4,9,5,9,11, 10.2,JO,5, 12.1, 13.9, 13.13,, 13.14,14.1,15.1,15.5 Contractual time limits ........ .................::.: 12.2 Delays beyond CONTRACTOR'S control ..........., 12.3 Delays beyond OWNER's and • CONTRACTOR'S con-, trol.... .......,,,,,,,,,,,,,,,:,,....,,.,,,1 ... 11, 12.4 Notification of surety .........................:..... 10,5 Scope of change .:...• ...... . .. . .................. 10.3.10.4, Change Orders Acceptance or Defective Work 1 111. ,.....,: 13.13 Amending Contract Documents .... .......... . .11..1... 3.5 Cash Allowances ................................... 11,8 ' Change of Contract Price ...............:....::.:::... i I Change of Contract Times 12 Changes in the Work CONTR `.................. JO ACTOR9 fee..,,,,,,,,,,,,,;,,;, 11,6 Cgsa of the Work ........... . ...... .......... . ,1 11,4.11.7 1u It 1 1' Article or Paragraph Number Cost Records ............•• ,....,.4'•'•4........... 11.7 definition of....., ...... ..;......S.b. ..,. ,..... •...... 1.9 emergencies ....... ... ........... .... ..........:.::. 6.23 ENGINEER'S responsibility loll..... 9.8, 10.4, 11.2, 12.1 execution of ........................................ 10.4 Indemnification ....:.............. .. 6.12, 6:16, 6,31, 6.33 Insurance, Bonds and ................... 5.10, 5.13, 10.5 OWNER may terminate ........................ 15.2.15.4 OWNER's Responsibility ....................... 8.6. 10.4 Physical Conditions — Subsurface and, ..................................... 4.2 Underground Facilities ..........1 ................4.3,2 - Record Documents . 4.1l444• ...................... 6.19 Scope of Change ...........................a. 10.3-10.4 Substitutes .:.......... ...... ......... ....... 6.7.3.6.8.2 U nit. Price Work ....... I ...::'.'. . ................ 11.9... value of Work, covered by :.......................... 11.3 Changes in the Work ..... .... .........:...:............. 10 Notification of surety ...................... ... .:...... 10.5 OWNER's and CONTRACTOR'S responsibilities .... 10.4 Rightto an adjustment ......4 ....................... 10.2 Scope of change ............................... 10.3-10.4 Claims — against CONTRACTOR .............................6.16 against ENGINEER ................................ 6.32 against OWNER ................... .... ...:......:.. 6.32 Change of -Contract Price ....................... 9.4, 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR'S 4, 7.1.9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 14.8, 15.1, 15.5, 17.3 CONTRACTOR'S Fee :.......................4..... 11.6 CONTRACTOR'S liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work ......4...4....4........:.:4:. 11.4, 11.5 Decisions on Disputes .... ....:................ 9.11, 9.12 Dispute Resolution...............:.4....4....Y....... 16.1 Dispute Resolution Agreement .................. 16.1.16.6 ENGINEER as initial interpretor .................... 9.11 Lump.Sum Pricing ................. 6 .............. 11.3.2 Notice of.....................4.................,,.. 17.3 OWNER's ........... 9.4, 9.5, 9.I I, 10.2, 11.2, 11.9, 12 .1, 13' .9, 13;13, 13.14 1 5.5 OWNER'S liability ....... OWNER may refuse to make payment -:.....0.:..... 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on . 1 ..................... 9.11 Substitute items .................................. 6.7.1.2 Time Extension ......44444l•••••44..•I•4.•4•l•4•4... 12.1 Time requirements ...............,.1•4444.4,..9.11, 12,1 Unit Price Work ...............:.................. 11.9.3 Value of .....4.4.4 ..... ... ...........:...... ........ 11.3 Waiver of —on Final Payment ...............0. 14:14, 14.15 Work Change Directive ............................. 10:2 written notice required ...............loll 9.1 I, t 1'.2, 12.1 Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11 Clean Site ............................ ....6.17 Codesof Technical Society, Organization or Association ...................... ... ...... .... 3.3.3 Commencement of Contract Times ....'::................ 2.3 Communications- - Article or Paragraph Number general..::............................loop. 6.2, 6.9.2, 8.1 Hazard Communication Programs loll ....:.......... 6,22 Completion -- Final Application for Payment .................:.:... 14.12 Final Inspec.: tion ....444444.4444444•...:.' 14.11 Final'Payment and Acceptance loll:..::...... 14'.13.14.14 Partial Utilization ...........................•44.444 14.10 Substantial Completion ................... 138, 14.8.14.9 Waiver of Claims ........................:....:::':. 14:15 Computation of Times ......................0 17.2.1.17.2.2 Concerning Subcontractors, Suppliers and Others........:....: .........:.... 6.8 6.11 Conferences — initially acceptable schedules .................,......,. 2.9 preconstruction ............••44.4...:...44.41•44•.44.2.8 Conflict, Error, Ambiguity, Discrepancy — CONTRACTOR to Report ...................::. 2.5, 3.3.2 Construction, before starting by CONTRACTOR ...-2.5.2.7 Construction Machinery, Equipment, etc. .:.::•..,.:....6.4 Continuing the Wofk......................'.....::•6:29, 10.4 Contract Documents— Amending............................................ 3.5 Bonds...................•44e4444•44$44•4$•......... 5.1 Cash Allowances :.................::.:'.:.'..:loll::.. 11.8 Change of Contract Price...,.....,.....:.0.111.,....... II .. ... . . Change of Contrnet Times ....:..................: .... 12 Changes in the Work ........................... 10.4.10.5 check and verify •.•I•.•.• . 444'4•444. •I44•4 2.5 Clarifications and Interpretations .. 4.... 3.2, 3.6, 9.4, 9.1 I definition of ... ... .....................4444•$... 1.10 ENGINEER as initial interpreter of •..... o........... 9.11 ENGINEER as OWNERS representative..:.::. _,.,...9.1 general ......44444444+.444444444'.....-. ...:loll:.... 3 Insurance ......-:...4.4...........44.4.4..:. . :.:':.*4. 5.3 Intent .........44• •44 ••............. .44 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data ............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.0, 14.4, 14.13 precedence •44444.• 44••.........4......4..:.....3.1, 33.3 Record Documents •..•........,,. IIt••444 4.4.4.44. 6.19 - Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work .........:..................... .:/.::.:. 7.2 Reporting and Resolving Discrepancies loll.rt,., _,.2.5, 3.3 —. Reuse of :.:..:...........................:.:::.. 3.7 Supplementing .............................. ......... 36 Termination of ENGINEER'S Employment .......4...8.2 Unit Price Work :........................,.....;.... 11.9 variations •.......!.........4.....4........:346, 6:23, 6.27 Visits to Site, ENGINEER'a .........,.'...::'..,,.,...9.2 Contract Price-- . • .. .. adjustment of ................ 3.5, 4.1, 9.4,10.3, 1.1.2-11.3 Change of............4.4'•4l44••444.....44•I II Decision on Disputes :...........44••4$44.4.44•••• . 9.11 definition of ..................414 4 • . 4............... 1.11 Contract Times— adjustmentof Change of ........................4.44•......:.. 12.1.12.4 Article or Paragraph Niimber Commencement of .................................. 2,3 definition of .:.........................::.......:1.12 CONTRACTOR — Acceptance of Insurance ......:.....................5,14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ..................@.,,.....I... 6.2, 6,9,2 Continue Work ................•....." .,,:... 6,29; 10.4 coordination and scheduling,:......................f.-6.9.2 definition of............:............•••4•......::.. 1.13 May Stop Work or Terminate .......................l$,5 provide site access to others ......:............ 7.2, 13.2 $afety.and Protection ........ 4.3,1.2, 6.16, 6,18, 6.214.23, 7.2, 13,2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop Work requirements :..........................4.5.2 CONTRACTOR's- Compensation .................................. 11,1.11.2 • Continuing Obligation . , , , ....:.......:............ . 14,15 Defective Work ......•................... 9.6, 13,10.13,14 Duty to correct defective Work ..... ... ........ .;... 13.11 Duiyto Report— • Changes in the Work caused by • Emergency ... ... .........:.....,,..:....... .,,:,. 6.23 Defects in Work of Others 1.11.1..1 ................ 7,3 - Differing conditions .111.1.,:,,.,,,,,:.......:..,4.2.3 • Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2 Underground f6cilities not indicated .............. 4.3.2 • Emergencies ........................................ 6.23. • Equipment and Machinery Rental, Cost orthe Work,...........:.....1................ 11.4.5.3 ---Fee—most-Plus .....:.......:..:.::, II,4.$.6, 11.5a. 11.6 General Warranty and Guaruntee ................:... 6.30 Hazard Communication Programs .................... 6.22 Indemnification ....... .... .... :...... 6.12, 6.16: 6.31.6.33 Inspection of the Work ..:.................... .... 7.3, 13.4, Labor: Materials and Equipment .................1 6.3.6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance ......11;1....1 ................... 5.4 • Notice of.lntent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ............. 1....1..,.. 5.1 Permits, obtained and paid for by. :...............:.. 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.66.29, 10.4, 15.2,1 Request for formal decision on disputes ...........1. 9.11 Responsibilities— Changes in the Work ..:..................:........ 10.1 Concerning Subcontractors, Suppliers and Others. 6.8 - Continuing the Work ...:.............. 6.29, 10.4 CONTRACTOR's expense ......1...1.....11..... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee..............................4.....4............ 6.30 CONTRACTOR'sreviewpriortoShopDrawingor Sam- ple submittal ,,... 6.2$ Emergencies......I%............................. 6.23 ENGINEER's evaluation, Substitutes or 'Or -Equal'' Item's ........:...:............. 6.7.3 Arthdr or Paragre NemU For Acts and Omissions of Others ... i . 6.9.1.6.9.2, 9,13 for deductible amounts, insurance ...: i :....::::...: general ...:.,...I...,....... ...... 6, 7.2, 7.3, Hazardous Communication Programs '.: . . .. . . ..... 6, Indemnification ..............,...........,...6,31_633 Labor, -Materials and Equipment ................6.3 Laws and Regulations .................:.:....... 6 Liability Insurance .............................. 5.4 Notice orvariation from Contract Documents ,..., 6.27 - Patent Fee: and Royalties ... .... ..........:.... 6. Permits............................'o....._,,,,. 6 Progress Schedule' .......... .............:......... 6.6 Record Documents .,:.::....:.:.........I.....:„ 6. fl related Work performed prior to ENGINEER's • approval of requiredsubmitals ....:............6. safe structualloading ............... ....:....... . 6.18 Safety andProtection ,,6.20,9,2, 13 Safety Representative .:..............:.......:... 6. Scheduling the Work:, ...................::...... 6.9. Shop Drawings and Samples . . .. . . . . . .... . . ... . . . . 6.24 Shop Drawings and Samples Review by ENGINEER ........................:.:..... 6.� Site Cleanliness ....................•,,.,..,'...., 0, 6 6.17 Submittal Procedures .............................. 6.2. Substitute Construction Methods and Substitutes and •'Or•Equal"Items ......,.:...•.... 6.7.1 Superintendence ....... ............................ 6 Supervision.,.:........ 1 :................:....:....... 6 Survival of Obligations 6. - ............................ Taxes .....................14.1.....1,...•.: 6.15 - Teats and Inapectiona.......:.,........,.....,...Its I3 To.Report.............•...........:....,......... 21 Use of Premises ...............1.,:.6116:18, 6.30;2.4 •Review Prior to Shop Drawing or Semple Submittal IT 6.25 Right to adjustment for changes in the Work ....... 1. 10 •right to claim .. 4, 7.1, 9.4, 9.5, 9.11,10.2, 11.2, 11,9, 12.1 13.9,14.8;15.1,15.5,17.3 Safely and; Protection ...,,,...,..11....61204,22, 7.2. 13t Safety Representative .............1.:..,..,::.,.. 6.71 Shop Drawings and Samples Submittals .1.1..... 6.24.6. Special Consultants .....................:....... . 11.4.4 Substitute Construction Methods and Procedures 6. Substitutes and "Or -Equal" ItemsExpense ..6.7.1, 6.7.' Subcontractors, Suppliers and Others 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.2 Taxes, Payment by .................................. 6.1• • Use of.Prcmises 1111 .. .................. .. 1111.. 6.16.1 Warrantjes and guarantees .........:... ,....._.... 6.30.6.5 Warranty of Title .... ..... .......................... 14. Written Notice Required. CONTRACTOR stop Work or terminate ....::..,..IS. Reports ; of Differing Subsurface and Physical Co Z Substantial Completion ................:......... 14.1 CONTRACTORS —other .................................. 7 Contractual Liability Insurance ...................... 5.4.1 Contractual Time Limits.0..,r.,,....................... 12. Coordination 6 1' 11 000,.. Article. or Paragraph Number CONTRACTOR's responsibility ........ , 0000. , 0000.. 6.9.2 Copies of Documents .................... ...0.8.00.. 2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general 8...,: ....................... 10.4.1, 13.10-13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ... ...,16.30, 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Stop Work .......................... 13.10 Co—. of Tests and Inspections ...........:.:...............: 13.4 0000. Records ............. ... .::............. .......... 11.7 Cost of the Work — Bonds and insurance, additional ................... 11.4.5.9 Cash Discounts......I............................. 11.4.2 CONTRACTOR's Pee .........:..................... 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to...................:r::::::...:.... 11.5 General ........,.' ..................:.,......:..: 11.4011.5 Home office and overhead expenses ..:...... .:...... 11.5 Losses and•dumages .............................. 11.4.5.6 Materials, and equipment ..............:...8.....,. 11.4.2 Minor expenses ....... ....................... 11.4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ................0000.. 11.4.3 Records...,...........: ............................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site once 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 ...0.0...08...8,..........:0.... 13.4 Trade Discounts .................................. 11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work afar regular hours .............880088.8.8.8. 11.4.1 Covering Work .......0 ..................0.....0.0 13.6.13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, feting and patching ........0....0.......00..... 7.2 Data: to be furnished by OWNER .............4........8.3 Day--(Iefinition of ................................... 17.2.2 Decisions on Disputes .......................... 9.11, 9.12 defective —definition of ..........- ...'..::.......::... 1.14 defective Work — Acceptance of .............................. 10.4.1, 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 .....:.,8..,88:0,8,.,.,,.. 13.10 Prompt Notice of Defects ..0,,.,:....,.,,...v,..,... 13.1 Rejecting .............•,...................,.:...... 9.6 Uncovering the Work ........I...........::....... 13.8 Definitions............................................... ()clays ...0 .0...,..0 .................... 4.1, 6.29, 12.3.12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance .................:... 2.7 .. _ , 000 _0000 ._ -0_000 Arlicle'op h ragraph Determinations for Unit Prices .................... Nu ,r 9.10 Differing Subsurface or . Physical Conditions Notice of ................0.90.9..........:.....::.. 4.2.3 ENGINEER'sReview .................::..:::..::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 .......................• •...,,,,, „ L6,I.16.6 Arbitration ...4 .......................'......,,,,.16.1.16.5 general :..:........:.•:,,,.,0,,,,.,,0,,,0 16 Mediation ....................................,,...:. 16.6 Dispute Resolution Agreement .................... 16,1.16.6 Disputes, Decisions by ENGINEER .............. 9.11.9.12 Documents — Copies of :...:....:.: ......:..........:....:........62.2 Reuse of ..,.....,. • i........ J.7 Drawings -definition of :: ... ..............:.... ..... .., 1,15 Easements ,.::,::....,. 4.1 0000., ......,,:....:..::......,. Effective dateof Agreement-lioflnition or;,:.....::':.:. 1:16 Emergencies 0000,...,,,,....•...0000; ,. , , ,. , . , . 46.23. ENGINEER - as initial interpreter on disputes ............ ..... 9,11-9,12 definition of ... ...... ... ........... ... ::: ...... ..... 1.17 Limitations on authority and . . responsibilities 0000 .....................:....:.. 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 ..................,.:19,5 Change Orders,. responsibility for ...e,,..,, 97, 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 ..........4.,..0000.. 6.7,3 Liability,,.,:,.,,8............................. 6,32, 9,12 Notice Work is Acceptable .....................#... 14.13 Observations ...................:...,........ 6,30.2, 9,2 OWNER's Representative ,,,,,:,, I w 8, 8 ,,,,,,,.,, 0009,1 Payments to the CONTRACTOR, Responsibility for:,,,,,,....,..........:.:.....9,9, 14 Recommendation of Payment .....,..:...0„•:!1484: 14,13 Responsibilities— Limitations on ...................:.:........ 9.11.9.13 Review of Reports' on Differing Subsurface and Physical Conditions ..........................4,2A Shop Drawings and Samples, review responsibility ...........8,.08,",:,...,.. ...-..b•...-.. ., 6.26 Status During Construction — authorized variations in the Work Clarifications and Interpretations . ••••'•••'P.?.!' 9.4 Decisions on Disputes ...................:...,9,11.9.12 Determinationson Unit Price 808,0,00,8,0,0„800,89,10 ENGINEERu Initial ti ENGINEER i Responsibilitiest.............:..9.l.9.12 . L 7 Article or Paragraph Numbe • Limitations on ENGINEER's Authority and Responsibilities .........r.......,,...,,.,,..,.;.,..,9.13 •OWNER's Representative ....,. .....................9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Drawings, Change Orders and 1 ayments .................. ..: .. . . .. .. . . .,. .: 9.7-9.9 Visits to Site......:.......o...................:... 9.2 Unit Price Determinations • • 1 • • .................... 9.10 Visits'to Site ..... ............ ....:.:................ 9.2 Written consent required ..........................7.2, 9.1 Equipment, Labor, Materials and 1...1 .............1 6.3.6.5 Equipment rental, Cost or the Work ................ 11,4.5.3 Equivalent Materials and Equipment .................... 6.7 Errorsor.omissions .................:............:..... 6.33 Evklpnce of Financial Arrangements .......:...., 111.. 6.1 I Explorations or physical conditions :.:................ 4.2.1 �Fee;•CONTRACTOR's—Costs-Plus ..............:.:.1 11.6 Field .Order — definition of ........................................ 1.19 issued by ENGINEER ..................1111... 3.6.1, 9.5 Final Application.for Payment ................1111.... 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 Geneml:Requirements , definliun of..........................1........... ... 1 1.20 erincipal references.t9............... 2.6,6.4,6.6-6.7, 6.24 Giving Notice'.......:..............:....:c............, 17.1 • Guarantee Of Work —by' CONTRACTOR..........: ................... 6.30, 14.12 Hazard Communication Programs :....:............:..6.22 Hazardous Wastey. — definition of ... ....... ...... ..... ....:............. 1.21 general 1111 ................•,1.•1.1:.,...,1.......... 4.5 OWNER's responsibility for ....................:., 8.10 Indemnification...,..,.,..612 6.12, 6.16, 6.31.6.33 Initially Acceptable Schedules .......................... 2.9 CONTRACTOR'S Inspection. 'Certificates of : ........................9:13,4: 13.5, 14.12 Einar=.::..........................................1 14.11 • Special, required by ENGINEER ........:......... 9.6 Testsand Approval ...........1....,.••1...8.7, 13.3.13.4 Insurance — Acceptance of, by OWNER ......................:..5.14 Additional, required by changes in the Work.....................I,.......... 11.4.5.9 Before starting the Work ..•...:...................... 2.7 Bonds and —in general .............................,... 5 Cancellation Provisions . ..................:.......... 3.8 Certificates of .. 2.7, 5, 5.3, 5.4.11, 5.4.1}, 5.6.5, 5.8, 5.14, ..........................!314, 14.12 completed operations 3.4.11 CONTRACTOR'S Liability ........:1111. . CONTRACTOR'sobjection tocoverage ............. 5.14 Contractual Liability .......;.....•................. 5.4.10 r Article or Paragrap• Numb deductible amounts, CONTRACTOR's responsibility :.......... ... ::.................. 3. Final. Application for Payment :.................... 14.1 Licensed Insurers ..: ...............:........,.:...... 5. Notice requiremenis, materialII changes ....: .....................:....,. 5.8, 10.5 Option to'ReplaceI.:.................:..::...:.:-.. 5.1 other special insurances ...............::...•:::.•:,'. 5.10 OWNER as fiduciaryfor insureds 111,1,;,,,,,,, 5.12-S.1 OWNER's Liability ...............:....:.:.....::,.. � OWNER's Responsibility ::. 8. Partial Utilization, Property Insurance .......:....... 3.15 Property ............................1....11..... 5.6.5.1 Receipt 1eand Application of Insurance Proceeds .. 5.12.5.1U Special.Insurance............................ 1....... 5.1 Waiver of Rights_............•...........1............ 5.11 intent of Contract Documents ......:................ 3.1.3. Interpretations and Clarifications ................ 3.6.3, � Investigations of physical conditions ..............,,.... 4. Labor, Materials and Equipment ..........:...... r 6.34.5 Lands :.....,...::..... 8. Availability of ....•...... ..........rr...,,........ 4.1, 8.4 Reports.& Tests '..•.1:. 1 .... . .. .. .. . ... ... :,,.,,,,.,, 8. Laws and Regulations —Laws or Regulations-... Changes in the Work•::• . .'.51 10.4 Contract Documents •...11.11:..•....•..•..........•. 3,I CONTRACTOR'S Responsibilities Correction Period, defective Work .,..1.,...1 •.:..:.1 13,12 Cost ofthe.Work, taxes .1 1.4.5,4 definition of 1.21 general .... ............�.............:,• I. I., I'..• 11.. .:.•.....s....,. ..,... .. ...:..•..:..•.,......• 6.141 Indemnification ..................••....:::...., 6.31.6.33 Insurance ....................•........•:....::.... 5. I'recetience ....:...........1111.....:..7:.:C.31.33.3, Reference to ... .................... ..............3.3,1 Subcontractors, Suppliers and Others ..• .1011.. 68.6•I I, Tests and Inspections ........................1 ..t.. 13,5 Use of Premises .:..... ..........................5 6.16 Visits to Site.:,.......'S..............•..,.. 9:2 Liability Insurance— CONTRACTOR's.......................:...•.,... •... 5.4 1 OWNER'S ...........................:.............. 515 Licensed Sureties and Insurers ................:.,...,....3.3 Liens— . '. • • Application -for Progress payment 1111.•...,,,,,•... Contractor's Warranty of Title 14.2 ......................: 14.3 Final -Application for Payment ...................... 14112 definition of ..............•.................:....... 1.23 ' Waiver of Claims.............I...:.........:...... 14.15 Limitations on ENGINEER's authority and . . responsibilities...........................0......•., 9.13 Limited Reliance by CONTRACTOR Authorized ....., 4.2.2 Maintenance and Operating Manuals — Final Application for Payment ......... .... • ......... 14.12' Manuals (of others). Precedence .......... s................1....•..•..11 313.3,1 Article or Paragraph Number Reference to in Contract Documents • .. . . .. ,. ..... 3,3.1 . Materials and equipment — furnished by CONTRACTOR •...................,..6.3 not incorporated in Work •...............:......•.... 14,2 Materials or equipment —equivalent ..................... 6.7 Mediation (Optional) ,,, ,,,, ,, ,,,,,,,,,1.,,,..,,, 6611,, 16.7 Milestones --definition of ..........11111411 ............. 1.24 Miscellaneous— . Computation of Times 1111 ........:............. • ... 17.2 Cumulative Remedies •........ ..'.... .. .•. . . . .. . . . . 17.4 Giving Notice..................b,................... 17.1 Notice of Claim .............:::..................... 17.3 Professional Fees and Court Costs Included .......... 17.5 Multi -prime contracts ..................................... 7 Not Shown or Indicated 1111 .......................... 413.2 Notice of — Acceptability of Project ........................... 14.13 Award, definition of ...............:..........•.41.... 1.25 Claim 11..1..1,, 1111. •....1..•,•••1..1'1.........,.... 17.3 Defects,.:............................a...... ....... 13.1 Differing Subsurface or Physical. Conditions ..........4.2.3 Giving.............................l•••••............ 17.1 Tests and Inspections 13.3 ........1.11....... Variation, Shop Drawing and Sample ;...'...6.27 Notice to Proceed— dcfinilion of :.:......... ........................:.. 1.26 giving of ......:.: .............:.:..................: 2.3 Notification to Surety ..,....,,•1•,,.11••....•.,,,1.,•, 10.5 Observations, by ENGINEER .................... 6.30.9.2 Occupancy of the Work ................5.I5,6.30.2.4, 6.30.2.4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form, Insurance ...................5.6.2 Option to Rcplace ....................................5.14 "Or Equal"Items......................................6.7 Other work .............................................. 7 Overtime Work —prohibition of ......................... 6.3 OWNER — Acceptance ordefective Work ...................... 13.13 appoint an. ENGINEER . •...,........ 8.2 as fiduciary .................•.........•.,...... 5.12-5.13 Availability of Lands, responsibility ..................... 4.1 definition of ........................................ 1.27 data, furnish......................................0., 8.3 May Correct Defective Work ......feet ............. 13.14 May refuse to make payment ........................ 14.7 May Stop the Work ................................ 13.10 may suspend work, terminate 1 ........:........::4141. $.8: 13.10; 15.1-15.4 Payment, make prompt ....•..11•.1...... 8.3, 14.4, 14.13 performance of other Work ,,....,...••1 ..............7,1 permits and licenses, requirements ..................6.13 purchased insurance requirements .............. 5.6.5.10 - O W N ER's — Acceptance or the Work ........................ 6.30.2.5 Change Orders, obligation to execute 11.11. .....4...........,:.......... 86, 10.4 Communications ..................................151 8.1 Coordination or the Work ........ .................... 7.4 Disputes, request for decision ........................ 9.11 Article`ur Paragraph Number Inspections, tests and approvals ........... ,1 •.,,87, 13,4.. Liability Insurance .........................:......:.. 3.5 Notice of Defects .,,11.,1 ....... ..............1111 ,.. I3:I Representative —During Construction, ENGINEER's Status ,....11.11,,;,,,,,,,,,,,,,, 9,1 Responsibilities -- Asbestos, PCB's, Petroleum, Hazardous Waste on Radioactive Material ....,..::::::1011. Change Orders 4111: ....................:.1:,11:::0 $8.6 •Changes in the Work 1111.,.......111.,,1.:::,...:: 10.1 communications ...................::.::....::.:::. 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial arrangements ....:.:1......118.11 inspections, tests and approvals 1,.11......:.,.,,. Insurance .(.- ....................................... 8.5 lands and easements 11.. 1*001, .41.............,...1: 8.4 prompt payment by .........,1.,.1.1,:.:111111,...1 g.3 replacement oT ENGINEER ....................... 8.2 reports and testa ...... stop or suspend Work ....11.........1.,;8.8, 13. 10, 1511 terminate CONTRACTOk's services .....:::.. 8S,15,2 separate representative at site ..................::.•., 9.3 independent testing ,a.111,............1.:.,.:,.•:... 13.4 use or occupancy of the Work ..:.1.11.....1,1,1...1.,........::.. 5. f5: 14.10 written consent.or approval required...1,:eet"t.1..a1,1..,,.11.,.. 9.1,06.3, 11:4 written notice required'•••......•,7,1,9.419,IIf 1.1.2; 11.4, 14.7, 1.3.4 PCBs — definition of ......: ................................ 1.29 general ..:........: .......................:...,....., 4.3 OWNER's responsibility for ..................:...:.8.10 Partial Utilization — definition of•:.,,........P.................... 128 1111... general...1.1..:,.a:1...a................. 6.301214, 14110 Property Insurance S..... ......................5.15 Patent Fees and Royalties •.....,,1 .................... 6.I2 Payment Bonds1a,1.............1...............:...3.1.3.2 Payments, Recommendation of ............. 14.4147, 14113 Payments to CONTRACTOR and Completion — Application for'Pro Mess Pa menu ..1, • 14.2 CONTRACTOR's Warranty of Title . ,...,:::..1.., 14.3 Final: Application for Payment .................4111.. 14.12 Final Inspection .............. ........ .............: 14.11 .Final Payment and Acceptance ............... 14.13.14.14 general ......1... 1 ..• . 1.. 1.. 11 a .. a. 11.. 1 . 1, .. .. 8a3, 14 Partial Utilization.:............1.....:....,:...,.,. 14.10 Retainage.•:•................................:..:.:.:14.2 Review of Applications for Progress Payments •..•.1..1...1•.1 ................. 4.A 14.7 1111. prompt payment.............1.:.:'..........::...... 8.3 Schedule of Values •: ................................ 14.1 Substantial Completion .............,....•...••, 14.8.14.9 Waiver of Claims •,.1,1...1•.1 .................... 14.15 when payments due . 11 • , a ...1.1..1.1.. a .1 : 1 ::' 11.4, 14.13 withholding payment: ............ .... :.............: 14.7 Performance Bonds...,•'5.4...................:... 3,1-3.2 Permits .......................................:..:::..6113 Petroleum- definition of..:.4 .....................:::.:....:..x'1.30 general .....................:.....................::::: 4.3 OWNER's responsibility for ...41.4 .......:...... 14 8.10 • Physical Conditions—.. Drawings of, in or relating to ..1114.0..11...1..0.. 4.2.1.2 .• ENGINEER'sreview 1111 .................,........4:2.4 existing structures ........... ... .:........,......... 4.2.2 general..............4.4.;.....:..,.:............ 4.2.1.2 Subsurface and.....................:............1111 4.2 Underground Facilities..........................11... 4.3 Possible Contract Documents Change :.....1........ Possible Price and Times Adjustments ............... 4.2.6 Reports and Drawings .............................. 4.2.1 • Notice of Differing Subsurface or . ..,.............,.4j13 111. ... -Subsurface and ..,.....:..,.......:...... .... .... . 4.2 Subsurface Conditions 1111 .......................: 4,2.1.1 Technical Data, Limited Reliance by CONTRACTOR Authorized ..............4..1:14.2.2 Underground Facilities— general............................10............ 4.3 Not Shown or Indicated ....................... 4.3.2 •Protection of.....................43 6.20 Shown or Indicated ...............:............ 4.3.1 Technical: Data ......................... ...... .:... 4.2.2 Preconstruclion Conference 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules....................................2.6 Premises, Use or ........,. ... .................:.. 6:163.18 Price, Change of Contract ........ ,:.........:........... II Price, Contract —definition of...,..,,. ...... .........,. I.I I Progress Payment, Applications for ...:............... 14.2 Progress payment—retainage .1.:.....1..4....:.....1.. 14.2 Progress schedule, CONTRACTOR's ..... 2,6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Project —definition of ........... I ........................ 1.31 Project Representative— ENGINEER's Status During Construction ............9.3 Project Representative, Resident 4efinition of .. ... .......... ....... .......... ..... ... 1.33 Promp_.!;payment by.OWNER •'•••'••..................8.3 .,..1..4:............... 8.3 Property Insurance •Additional .........................• • .s.........:.... 5.7. general .............................::...... ..... 56.5.10 Partial Utilization .:4 .....:....:..:1..11.111. 5.15, 14.10.2 receipt and application of proceeds .........: ..................:... 5.12.5.13 Protection, Safety and .......................6.20.6.21, 13.2 Punch list.......11................................... 14.11 Radioactive Material._. definition ...... ..........I..............,. ... ....... 1.32 general ...........1 ............ .................. 4.• . 4.5 'OWNER'S responsibility for .:..........:•......... 8.10 Recommendation of Payment , 1 ... 1.......' 14.4, 14.5, 14.13 Record Documents .................. 0.0, .. 0.1... 6.19, 14.12 Records, procedures for maintaining .................... 2.8 Reference Points ' ....................................... 4.4 Reference to'Standards and Specifications of Technical Societies •• 3.3 LL • Ar!kk or Parngra Num Regulations I:aws and (or) ........................... 6.14 Rejecting Defective Work.....,..: ....................:. Related Work at Site ;:... ... .....: ...............:..:...._...,.. 7.1•I Performed prior to Shop Drawings and Samples submittals review ........;,.,...,..6 Remedies, cumulative .:......:........::..:...::. 17.4, I Removal or Correction of Defective Work 111.1...... ,.. .. 1111. .444••' .....: -13,11 rental agreements, OWNER approval ..required .........,..0..1...,...4....:1,,,0.10 11.4.5 replacement of ENGINEER, by OWNER ....:......... 8.2 Reporting and Resolving Discrepancies .... 2:5, 3.3.2, 6114th Reports— - .and Drawings ...1111 .................::::...1::...4.2. and Tests, OWNER's responsibility ,..,1,111......... 8.4 ,Resident Project: Representative — definition of.:...................................•54 I. provision for .....,.,.1111 ........................... 9. Resident Superintendent, CONTRACrOR's .............6.2 Responsibilities— CONTRACTOR's--in general .............. . ..•.. tll�l•S• ENGINEER'S -in general..:. ,,,;;,,,,,,,,,,,,,,,,,9 (:imitations on ............:...441'44.....:....... 9.1 OWNER's-in general..................................0 Retainage ....041.1 ....... .................. 1111. 1111... 14. 1 Reuse of Documents ............:.4....1....11..1...,.. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...1111.:: r...; ; 1111.. 6,2j Review of Applications for Progress_. Payments ...........................:.:.:.:.... 14.4.14.7 Right to an adjustment .:..1..,..,.1.1 :.... 10. Rightsof way ..: ....................................... t Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ......,.,1111... 6.1 Safety= : and Protection ......1413.2, 6.16,6.18, 6.20.6.21, 7.2, 13. general .1 ..........................1..9..,'..:.':6.20.6.23 •Representative, CONTRACTDR's 6.2 Samples — definition of ..1,.,,,,,1,1.,11 ....:.................. 1.J general ..:...:......:...:...::::............ 6.24 6.28 Review by CONTRACTOR 1111,,, 1111, ; .. 11116.2 Review by ENGINEER :.:...........:,e:..iti. 6.26,6.2U related Work ...:..................,........,....... 6.28 submittal of . ... .............................:.... 6.24. submittal procedures :............................. 6.2 Schedule of progress ..... 2.6, 2.8 2.9,6.6, 629; 10.4, 15.2, Schedule of Shop Drawing and Sample Submittals :...................... 2.6, 2.8.2.9, 6.24.6.21 Schedule or values ........................ 2.6, 2.8.219, 14. Schedules— . .. Adherence to •..................... 15.21 ............... Adjusting ,..:1,1,.1..1,.,,111,01,1,...........::,.:.. 6 Change of Contract Times. :.::11:,1 :................ 10. Initially Acceptable ..................,....... 2.8.2.9 Preliminary •t....,.. ••''''•S4S•••t•.•...... I •411 2, Scope of Changes ......................:..:.c 10.3.10,41 Subsurface Conditions 1111 ....................... 412.1.1 • 10 1 iII I I Article or Paragraph. Number Shop Drawings — and Samples, general ............... 0 , , 4 ........ 6.24.6.28 Change Orders & Applications for ... Payments, and .....................4......... 9.7.9.9 definition of.......................•..............0 1.35 ENGINEER's approval of 4..4, 4..4,,., 00, 44..0,;. 3,6,2 ENGINEER's responsibility for review .44,.4 ................:....... 9.7, 6,24.6.28 related Work-.;.. ......;.. ., . . . .. . .. . ••...... . . . . . . 6.28 review procedures .4„4 .......:.:.......... 2.8, 6.24-6.28 submittal required ................................. 6.24.1 Submittal' Procedures ........4 .............4.44..44.6.25 use to approve substitutions ........................ 6.7.3 Shown or Indicated...................,....,,......431 Site Access.................................I..41. 7.2, 13.2 Site Cleanliness ............. .......4.,04.... ... .... ... 6.17 Site, Visits to — by' ENGINEER .... ...... ........ ... 4.44,. ..... , 9.2, 13.2 byothers ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6,2 Specifications definilion .of. ..... ... .... .:..... .... ....,..... ... .:.. 1.36 of Technical Societies, reference to ....... 3.3.1 precedence....... ...,4, ........ ...40,.....4....0.. 3,3.3 Standards and Specifications of Technical Societies ......................................... . 3.3 Starting Construction, Before .....:................ 2.5.2.8 Starting the Work........................:.......4...... 2.4 Stop or,Suspend Work — by CONTRACTOR ................................. 15.5 by OWNER ,.4..,,4....,...40..4.4.40..0 8.8, 13.10, 15.1 Storage ofmaterials and equipment .........4......4 4.1, 7.2 Structural- Loading, Safety .4,...4:.........0.........,, 6.18 Subcontractor— Concerning.:...........................:.....v:: 6.8-6:11' delays............:...:..0.440..:..............4.5.44 12.3 waiver of rights . , 4 4 .... 0 ... 0 ... 4 .. 4 .... 4 ..... 4 .. , .. 4 6.11 Subcontractors —in general ......4..4 .............. 6.8-6.11 Subcontracts—rcquircd provisions ........ 5.11, 6.11, 11.4.3 Submivals— Applications for Payment ......... .., 4....4... 4..... 14.2 Maintenance and Operation Manuals ................I4.12 Procedures ......................................... 6.2$ Progress Schedules .......4.......4....:4........ 2.6, 2.9 Samples 404004..44..4004....00.4.0400.00400...4 6.24-6.28 Schedule of Values ................ 4....,....,.. 2.6, 14.1 Schcdute.of Shop Drawings and . Samples Submissions .4.....4..4..4...... 246, 2.8.2.9 Shop Drawings ........................ ........ 6.24-6.28 Substantial Completion — certification of ...4.4.4.....4..4..4..4.6.30.2.3, 14.8.149 definition of . ....... .... .....................:...... 1.38 Substitute Construction Methods or Procedures i. ..... 6.7.2 Substitutes and"Or Equal" Items ..... .0.,.., 6.7 CONTRACTOR4s Expense ......... 4 ............. 6.7.1.3 ENGINEER's Evaluation .4..4.....4........4...... 6.7.3 "Or -Equal" . 4 .............400404,0040,4.400440'.44.6.7,1 Substitute Construction Methods of Procedures .4.4.6.7.2 It Article or Paragraph Nit ,,,,,,,,,,,,,, ,, .1.44414445 .4 6.7.1.2. Substitute Items .... 6.7.1.2. Subsurface and Physical Conditions— . Drawings of, in o} relating to ..,.44.,,.44:..-.„4,.4.2, L2 .... ENGINEER'Review. .............................4.2.4 general ........................... 4 2 Limited Romanzed by CONTRACTOR - 4.2.2 Notice of Differing Subsurface or Phy/.sical Conditions..............:.......,..,... 4.2.3 Physical Conditions I ..............................4./,,.4.2.1.2 Possible Contract Documents Change ... ... ...:... a... 4.2.5 Possible Price and Times Adjustments ................4.2.6 Reports and Drawings .... Subsurface and.k............,..........,.......-444 4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data..................................4.. 4.2.2 Supervision— CONTRACTOR's responsibility ...................... 6.1 OWNER shall not supervise • ......:................'849 ENGINEER shall not'Yupervisc ............... 9.2, 9.13,2 Superintendence ..! ..................................:. 6.2 Superintendent, CONTRACTOR's resiient r.:.::::: 6.2 Supplemental costs I ...........................:,.,,..,,.11..4.5 Supplementary Conditions definition of:::...................••t•44444• 4.• ..::.. 1,39 - principal reference to .... 1.10, 1.18, 2.2, 2,7, 4.-2,4:3, 5.1, 5.3,5.4,516.5.9,5.11,6.8,6.13,7.4,8.11,9.3,9.10 Supplementing Contract Documents .......... ::...:. 3.6' Supplier— deftnition of ..................glee..::...,......... 1.40 principal references to 0.00,.4.04,..04,,, 3.7, 6.5, 6.8.6.11, T 6.20,'6.24,9.13, 14.12 Waiver of Rights ie................................... 6.11 Surety— - consent to final payment :.................... 14%42* 44.14 - -ENGINEER has no duty tq.,......,.:..;.:..:...:::; 9.13 Notification of ...I; .....;...............;. 10,1:10,5, 15.2 qualification of..!......c.....................t.4. 5.1.5.3 Survival or Obligations .................:::::::.:.::::: 6:34 Suspend Work, OWNER May ..........::.:::. 13.40, 15.1 Suspension of Work and Termination— ... ....... ..:...... 13 CONTRACTOR May Stop Work or Terminate .-.....L............ ! 15 .5 OWNER May Suspend Work .................:... 15.1 OWNER May Terminate ...................,,,.. 15.2-15.4 Taxes -Payment by CONTRACTOR ......:.....::.::... 6.15 Technical Data — Limited Reliance by CONTRACTOR 4,40,4.0.044.,,4.4.2.2 Possible Price and Times Adjustments ......::.:::1.2.6 Reports. of Differing Subsurface and Physical.Conditioro ...............:..:..::::::::4.2.3 Temporary construction facilities :4, 44: .::.::::::::::. 4.1 Termination— byCONTRACTOR'..............................•b. 13.5 by OWNER ......44.44 .................... 8.8, 15.1+15.4 of ENGINEER's employment ..,..,,,,,,•.,,,,,,,,,,, 8.2 Suspension of Work-in general ...............,....Dole 4 I5 Terms and Adjectives .................................. 3.4 Tests and Inspections= . Article or Paragraph Article Paragraph Number or ' Access to the Work, by others Number 13.2 Utilization, Partial 1:,1,1111111„1 1.28, 5.15,;6130.2,4, 14,10, �( CONTRACTOR'sresponsibilities ....................13.5 Value of the Work,.,,,,,,,,,,toot,,, 11.3 frost 6f .::.:............. 13.4 Values, Schedule of 1.,.:1..11111,1,11,..1, 2.6, 2.8.2.9, 14.1 •..covering Work prior to 13.6.13.7 Variations In Work —Minor Laws and Regulations (or) ... .......:: • 1 • • • • t •...... 13.5.._ . Authorized 1111 ........................ ......6.35, 627, 9.5 • Notice of Defects ........ ... ..................... 13.1 Visits of Site -..by ENGINEER ......................... 9,2• ' OWNER May Stop Work ..............,.,,........ 13.10 Waiver orClaims-on Final OWNER's independent testing ..::.........:........ 13.4 Payment •••....................:...:,:::..... 14,15 special, iquired by ENGINEER............::....... 9.6 Waiver of Rights by insured parties ......::.....: 5.11, 6.11' timely notice required ............. I.:........: 1111.. 13 W .4 arranty and Guarantee, General —by Uncovering the Work, at ENGINEER's CONTRACTOR ...................::....::.::;.:....:6 30 request ..:.....:'......:.:...:., ::... 13.8.13.9 Warranty of •Title CONTRACTt0R's 1111,. 14.3 Times—,. Work— ....,..,... Adjusting , ......,: .:....................111•11 1....... 6.6 Access t0 ....1.1.:1 Chan13.2 Change of Contract .............11 by others, Adjusting ....., .... ...........................4...... 6.6 Changes in the,.................................,..,:1 10 Computation or ...... ....... ....... :....... ... ...... 17,2 Continuing the, .... ... ..........:......... ....,.... 6.29 • ..Contract Times�efinition of ,..,,,...V :...: ... ...... 1.12 CONTRACTOR May Stop Work day ................................................17.72 or Tbrminate .................. 15.5 Milestones ,. "" """ 12 Coordination of 1111. 7.4' Requirements— Cost of the;1111......1........:......:...:...: 11.411.5 appeals ..............................:.::....:... 16 definition of ..............:............,.........,,., 1.43 neglected by CONTRACTOR. 13.14 clarifications, claims and disputes ...I...I.......I......I...... 9.11, 11.2, 12 other Work ...........................................: 7 commencement or contract times .................... 2.3 OWNER May Stop Work ............:....:..:..... 13.10 preconstruction'conference 1111 ..:.................. 2.8 OWNER May Suspend Work ......,,:........ 13.10, 15.1 schedules 2.6 2 9 6.6 Related Work at S 7 1 7 3 .. staring the Work •..............:.............:..... 2.4 Starttng the ,11.11.......:.,,.,,:,,.:,..,,.,,,,,;214 Un Title, Warranty of ............::.......... 14.3 Stopping by CONTRACTOR .........,1 .•....... 15.5 covering Work Stopping by OWNER .1 .................. 15 ..... 15.1-15.4 13.8.13.9 Variation and deviation authorized, Underground Facilities• Physical Conditions. definition of ........:.......:...::.......:...... minor ....;...::......'.........1..1.....:..::..1. 3.6 1'41 Work Change.Direclive— Not Shown or Indicated ......:...............1111 ... 4.3.2 1 .. claims pursuant to :.......................`...:.::... 10.2 protection of 1....,• .............1..........,,. 4.3, 6.20 Shown or Indicated .................. definitionof:....::..........,..r3•I:I,.r�=�i.:.. 1.44 ... 4.3.1 prineip erenc to .................1,. 3.,. Unit Price Work. Written Amendment_. SL 10.1 .10.2 claims ......................................... 11.9.3 definition of ............. 1............. ,............ definition of ..... ,.,,.,.,............ 11......1..,., 1.45 1.42 principal references to ... 1.10, 3.5, 3.10, 5112, 6.6.2, 6.8.2, , general........1,..1.:,..,......1..1:.... 11:9, 14.1,.14.5 Unit Prices— 6.19, 10.1, 10.4, 11.2, 12.1,.131.12.2, 14,7,2 general :.:. . Written Clarifications and ....:......'.: 11.3.1 Imerpretations.........:......,::........36.J..94 9,11 Determination for.................:..........1.1.. 9.10 Written Notice Required— , Use of premises 1111.:1111... ..:.....• 6 161 6.181 6.30.2:4 Utility owner... 6:13: 6.20•.7,I-7.3, 13,2 by CONTRACTOR 11111,,• 71 9IP9.11 10:4, 11.2,12.1 by OWNER.....a...:......1,19110.9.11, 10.4, 11.2, 13.14 •....Is11.• • , 1111.. .... .. .. 1_111... ._ •1111 - •_ � f ... . 1111 • _. •• •P . • ••- .. . 1111 .. ... .. .. ..... ....1..• -• . 111 1 I I I i I I I I II Li I Article or Paragraph ` Number Access to'the Work, by others ••.................,,. 13,2 C0NTRAC'IOR's responsibilities 13.5 13,4 covering Workpriorto ,.. ......................13,6.13,7 Law'ttand Regulations (or) ..................:....... 13,5 •Notice of Defects ...:................. ... ........ ... 13,1 OWNER May Stop Work ......................... 13.10 OWNER's independent testing ...................... 13.4 special; required by ENGINEER .....................9.6 timely notice required ..... ..................::...... 13.4 Uncovering the Work, at ENGINEER'S request ............... ........ ........... 13,8.13.9 Times — Adjusting .................:.......................... 6.6 :Change of Contract ...................:. 12 Adjusting ............................................ 6.6 • Computation of ...................................... 17.2 Contract Times -definition of ........................ 1.12 day •......a.........._,.. $S4l•a •4� ••4.4••l. ••s•l S . .17,'72 ......a..........,...............................17,72 . Milestones.........:........:..................4 12 Requirements— appeals........................................... 16 clarifications, claims and • disputes•.::::;:::;r.:..........:....: 9.1.1, 11.2, 12 commencement of contract times .................... 2.3 preconstruction conference ..... . .................. 2.8 schedules .................... ... ..r......, 2.6, 2.9.6.6 starting the Work.........I..I..:.6.........:...... 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 ...............:::.........:..1.4.3.1 Unit Price Work— claims..........................4................. 11.9.3 definition of ........................... 1.42 ............... general ................................... 11.9, 14.1,.14.5 Unit Prices general...............•........:............4••• 11.3.1 ..Determination for ................................... 9.10 -Use.ofPremises ..............•.......:: 6.16: 6.18. 6.30.2.4,,. Utility owners' ...................... 6:13, 6.20,.7.1.7.3, 13.2 ( 1! 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 ..........................1 6.25, 6.27, 9.5 Visits of Site —by ENGINEER ,..,,,;,,,;;..;.t..... 92 Waiver of Claimson Final Payment.......................'II .......::...... 14.15 Waiver of Rights by insured parties ............... S.I I, 6.1I Warranty and Guarantee. General —by - CGNTRACTGR ,,,,,,, , . ,,,,,,,,,,,,. .,,,,,.,.... 6.30 Warranty of Title, CONTRACTOR's .... :.:........... 14.3 Work— . .. Access to .....................•.I....,.. .............. 13.2 byothers.....:.:.......................:.............4 7 Changes in the ..... ....4 .............................. t0 Continuing the, ..................................... 6.29 CONTRACTOR May Stop Work or Terminate..•...................4•....:,.::......• 15.5. Coordination of ..................................... 7.4 Cost of the ..................................... 11,4-1►,5 de ninon of ..........:............................ 1.43 neglected by CONTRACTOR OWNER May Stop Work .................:.: I3.10 pe OWNER May Suspend Work ................. 13.10, 15.1 Related, Work at Site ............................ 7.1.7.3 Starting the..............................:........4 2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by OWNER .......................... 15.1.15.4 Variation and deviation authorized, minor :...........................::::::..•:...... 3.6 Work Change Dircetive— c arms pursuant to :......................::....::... 10.2 definition of , ..................::::..,...: l.44 principal references to ...::..............3:5.3, 10.1.10,2 Written Amendment. definition of ......................: ........ ::::.... 1.45 principal references to.,, 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,I0.1,10.4,11.2,12,1;13..1-2:2,14.7.2 Written Clarifications and Interpretations ........................... 3.6:3, 9.4, 9.11 Written Notice Required — by CONTRACTOR ........ 7.1, 9.10.9.1 I, 10:4, I I.2, 12.1 by OWNER...................9.10.9.11, 10.4, 1,1.2, 13.14 U GENERAL CONDITIONS I. 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: I.I. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract, Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made apart thereof as provided therein. I.J. 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 accompaniedby such supporting documentation as is required by the Contract Documents, t'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. r l.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..Oidding 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 rifler the Effective Date of the Agreement. 1.10. Contract Docwnews—The. Agreement Addenda (which perwin to the Contract Documents), CONTRACTOR', Aid (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 10 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 subnifttals'appro(ed pursue' 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•ure not Contract' Documents. 1.11. Contract Prfcr�—The moneys payable.by OWN CR 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). L12. Contract Tinies—The numbers of days or•thedates, stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final paymoc as evidenced by ENGINEER's written recommends - Lion 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- mems, or does not.meet the requirements of any inspection, reference standard,. lest or approval referred to in the Contract Documents, or has been damaged prior to ENGI•' NEER's recommendation of final payment (unless responsi• bility forthe protection thereof has been assumed by.OW NER 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 ofthe 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 panics to. sign and deliver:. 1.17. ENGINEER—Thcperson, firm orcorporulion named us such in the Agreement. 1.18. ENGINEER's Consulsrmt—A-person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associi te.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 issucd:by ENGINEER which orders minor changes in the Work in.accordunce with paragraph 9.5 but which does nut involve a change in the Contract Price or the Contract Times. - I I3.. I. '` I. I. Ii I. I. I. .. I 1.20•.Cenral Requirements —Sections of Division 1 of the Specifications.,- -1.21.. Hazardous Wrote —The term Haiardous 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. i:22; Laws and Regulations; Laws or Regulmions—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. NoticeofAwnrd—The written notice by OWNER to the apparent successful bidder slating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the lime specified, OWNER will sign and deliver the Agreement. I.26. NoticetoProceed—A written notice given byOWNRR 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 - lion; 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 (ore related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. IJ0: 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 Woik'to be provided under the Contract Documents may -be the whole, or a par as indicated elsewhere in the Cont ,act Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (4DUSC Section 2011 et,seq.) as amended from time to lime. 14 1.33. Resident Project Repreientrulve— The 411ft.Azed representative of ENGINEER who may be assigned to the site or any part thereof. (.34. Samples—Physicalexamplee 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- lions, 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. Specjficritlons—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 tiny other Subcontractor for the performance of a an of the Work at the site. • 1.38. Suhstamtal Completion —The Work;for'tr wecifled part thereof) has progressed to the point where; in the opinion of ENGINEER ns 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 certificateis 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 "substantiolly completed" as applied to all or part of the Work refer to Substantial Completion thereof.' 1.39. SupplementaryCondhions—The part of.theContraci Documents which emends or supplements those 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 tiny Subcontractor. 1.41. UndergmundpaciNriar—Ailpipelines,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 famish any of the following -services or materials: electricity, gases; steam, liquid petroleum products, telephone or other communica- lions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Prlcr Work —Work to be paid for on.the basis of unit prices. �I I 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents.'Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1,45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical.rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2 —PRELIMINARY MATTERS Delivery 9f Bonds; .4 f. 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 .1. Copies of Documents. 2.2. OWNER shall, furnish to CONTRACTOR up to ten copies (unles&otherwise specified in the Supplementary Con. ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement Of Contract Times; Notice to Proceed,, 2.3. The Contract Times will commence to run on the third4 eth day after the Effective Date of the Agreement; or, if a Notice to Proceed is given, on the day indicated in the Noiice'lo Proceed. •A Notice Io 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 theContract Times commence to run. ... .. Before Starring 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 Lind 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 ofthe Agree- mcnt (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER forieview: .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 s(fkh submit- tal; . I 1 L L I I L I I 2.6.3, a preliminary schedule or values for alt of the Work which will include quantities and prices of items aggregating the Contract Price and will subdiyide'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. . Ucfore 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. : Peconstraction Conference: 2.g;' Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 I I J 7 I I I H I attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the panics 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 fur 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 he made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange. ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Intent 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. • 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevail rtg custom or trade usage as being required to produce We 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. Clarifl- 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: J.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 .lake precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract .Documentsand: :. - .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 ofOWN W N ER, CONTRACTOR or ENGINEER, or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER'S Consultants, agents or ernployees any duty or authority to supervise or direct the furnishing or •II I 1 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions or 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 elector import are used, or the.. . adjectives "reasonable," "suitable, icceptabic ' "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 ENG1. 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, 35.2. a Change Order (pursuant to paragraph. 10.4), or 3.5,}.. 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- lions, 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 3.6.1. 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 1 of the Drawings, Specifications or other documentstor copies of any thereof) prepared by or bearing the seal pf ENGINEER or ENGINEER'S Consultant, and (ii) shall not reuse any or 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 adoption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS Amilabitiry of Lands: . . 4.1. OWNER shall furnish, as indicated ii, 'lhe 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 shallfumish 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 permnncnt changes in existing. facilities will be obtained and paid Tor by OWNER, unless otherwise provided in the Contract Docu- ments. I f 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 ntsuk bf my delay in OWNER's famishing 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 4.21.2, Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. i I L. L i I C I 11 I I [1 .i I 17 11 I F I I L I I I I I I I I I I I 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 oforconclu. sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Naive of Differing Subsurface or Physical Condi. Lions: If CONTRACTOR believes that any. subsurface or physical condition at or contiguous to the site that is uncovered or.revcaled 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 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': 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 C/range: 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 increa;e 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 nor 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 oYTimBi 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.tc bid or. becoming bound under a negotiated contract; or" 4.2.6.4.2.; the existence of such condition could rea• sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be.conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4:2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles II and 12. However, OWNER, ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground. Faeifiries: 4.3.1. Shown or Indicated: The information and data shown or indicated in thelContract Documents with respect to existing Underground facilities at or contiguous to the site Is based on I 1 IJ I] information anddata 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:I.I. 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, (ui) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination or the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. 4.3.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated. in the Contract Documents, CON. TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection (herewith (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. lf.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- qucnces. During such time, CONTRACTOR shall be respon- sible fur 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- TRACTtR 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 Anicics 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 arc 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 anyreference 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 -'1 enee 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 arc. affected thereby (except in an emergency as re- quired by paragraph G.23), and (ii) notifyOWNER 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 iI evaluatcsuch hazardous condition or take corrective action. if any. CONTRACTOR shall net 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: 6) specifying that such condition and any affected area is or has been renderedsafe 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 areato 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 I I 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 shull indemnify and hold harmless CON. TRACTOR, Subcontractors; ENGINEER, ENGINEER's I 19 •1 I I it I I I ,I li I I i I I L E .1 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, costi 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 neglih gence. 4:5.5:' The provisions of paragraphs 4.2 and 4.3 are not intended toapply to Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the si(c. ARTICLE 5 —BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also fur- nish such other Bonds at are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in -the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Financial Management Service, Surety Bond Branch, U.S. Treasury Department. (Phone 202.874.6850). All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to Act. 5.2. If the surely 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.I. 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; Cerr([icaras of Insurance* 5.3.1; All Bonds and insurance required by the Contract Documents to he purchased and mainnincd by OWNER or CONTRACTOR shill be obtained from surety or insurance 20 companies that are duly licensed or authorized in the juris- diction in which the Projeci"is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions, 5.3.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple. memory. Conditions, certificates of insurance..(and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.4. .,OWNER shallideliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and £7 hereof. CONTRACTOR': Liability Insurance. 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5;4:1; claims under workers' compensation; disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON. TRACTOR's employees; 5.4.4, claims for damages insured by customary personal injury liability coverage which are sustained:'(i) by any person as'a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason;. 5.4.5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including. loss. of use resulting therefrom; and '5.46.' claims for damages because of bodily, injury or deuth. of any person or property dtunage arising out or the ownership, maintenance or use of tiny motor vehicle. I. I The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall:. 3.4.7. with respect to insurance required by paragraphs 5.4:3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER'sCon- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as • additional insureds, and include coverage for the respective •officers and employees of all such additional insureds; 5.4.8. include the specific coverages and be written for not less than the limits of liability provided in the Supple. mentary Conditions or required by.Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro - wide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two.ycars after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER'S Liability Insurance:.. 5.5. In addition to the insurance required to beprovided CONTRACTOR under paragraph 5.4, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance.as will protect OWNER against claims which may jrise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ante upon the Work at the site in the amount .of the fu replacement cost thereof (subject to such deductible amount as may be provided in the Supplementary Conditions or required by Laws and Regulations).. This insurance shall; , 5.6.1. include the interests of OWNER. CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Co sultants and any other persons or entities identified in th Supplementary Conditions, each of whom is deemed to hay an insurable interest and shall be listed as an insured or additional insured; • 5.6.2, be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at leas include insurance for physical loss or damage to the Wor temporary buildings,.falsework and Work in transit and sha insure against at least the following perils: fire, lightning,. extended coverage, theft, vandalism and malicious mischie� earthquake, collapse, debris removal, demolition occasions by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions;. 5.6.3. include expenses incurred in the repair Or replace- ment of any insured property (including but not limited t fees and charges of engineers and architects); 5.6.4.. cover materials and equipment stored at the site or at another location that was agreed to in writingby OWN El prior to being incorporated in the Work, provided that sue materials and equipment have been included in an.Applica- ' Lion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written noti to each other additional insured .to. whom a certificate insurance has been issued. 5.7. OWNER shall purchase and maintain such Boiler ant machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws an Regulations which will include the interests Of OWNE CONTRACTOR. Subcontractors, ENGINEER. ENGINEER Consultants and any other persons or'entities-identified in the Supplementary Conditions, each of whom is deemed to hay an insurable interest and shall be listed as an. insured of additional insured. 5.8. All the policies of insurance (and the certificates o other evidence thereof) required. to be purchased and mat tamed by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverag afforded will not be cancelled or materially changed or renew t refused until at least thirty days' prior written notice has bee given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has bee issued and will contain waiver provisions in accordance wit paragraph 5.11. I I I I L I I I. I I I 5.9.''OWNER shall not be responsible for purchasing and maintaining any property insurance to prolect 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 it any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by ' OWNER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all ,policies purchased in accordance with paragraphs 5.6 and £7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by • such policies and any other property insurance applicable to -the Work; and, in addition, waive all such rights against Subcontractors. ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary'Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER. ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered byany prbpeny 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 14.8or 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. Receipt and Application or Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will' be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and' of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with'such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as•fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss toOWNER's W N ER's exercise of this power. If such objection be made. OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest. OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptant of Bonds and Insurance; Option to Replan: .5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7., OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing or such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or Insurance to.protect such other party's interests at the expense of. the party who was 22 . ..... .. ;Ii ii required to provide such coverage, and a.Change Order shall be.issugd to adjust the Contract Price accordingly. Partial Udlkadon—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a poition 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 CONT RACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the. superintendent shall be as biading.as if given to CONTRACTOR. Laborl Materials and Equipment: 6.3. CONTRACTOR shall provide competent; suitably quart ified personnel to survey, lay out and constroct the Work as required by the Contract Documents, CONTRACTOR shall at all, limes maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the.site shall be performed during regular. working hours and CONTRACTOR will not ,,omit overtime work or the perfor- mance of Work un •S;curd;ry, Sunday or.any legal -holiday without OWNER's written consent given after prior written,' notice to ENGINEER. 6.4. Unless othenrise specified in the General Require- ments, CONTRACTGit sh;.'I furnish and assume full respon. sibility (grail matcrals. cqu.pment, labor, transportation, con- struction equipment a:.ii:.ichincry, tools, appliances, fuel, power light; heat, tctcpi,ol waler, sanitary facilities, tempo.' rary.facilities and ;d! u;:.c :.,cilities and incidcnluls ncccss;,ry for the fumishi❑g, ice , testing, start-up and I omplu. lion ofthe Work. 6.5. All matcri; l ,•.u„ c,iuipment shall be:of good quality and new, except as u;,,:r.•: e provided in the Contract Docu- ments. All warranties ,mntecs specifically called for by theSpecifications shall cJ, pres)sl y run to thebenefit of OWN ER.' If required by ENGI;I::.L CONTRACTOR shall furnish satisfactory evidence (irdluding reports of required tests) as to the kind and quality of tint rials and equipment. All materials and equipment shall be a,)i: led, installed, connected, erected, used, cleaned and cui io;.aJ in accordance with instructions of the applicable Supp c>.cept as otherwise ppovWed in the Contract Documents. Progress Schedule: 6,6. CONTRACT .,: Si; II adhere to the progress schedule established in accon,..:.: •.'ith paragraph 2.9 as it may be adjusted from time to ;,, .s provided below: 6.6.1. CONI'kai U' shall submit to ENGINEER for acceptance (tu tl:c .c:; indicated -in paragraph 2.9) pro- posed adjustmems i;; i1 : progress schedule that will not change the Contract Ti:.ics (or Milestones). Such adjust- ments will canfoo..: - , .illy to the progress schedule then In effect and add,;;, . „ill comply with any provisions of the General' Requ„ c. n. . , applicable thereto, 6.6.2, Propu;: that will change submitted in accoi du 12.1. Such adjus;:.,c Order or Written ,ts unents in the progress schedule ct Times (or Mile stones)` shall be vith the requirements of paragraph lay only be made by a Change ,ant in accordance with Article 12. 6.7. Substitutes oral '&r e.: uul'Items: 6.7.I, Whenever ;m :tern of material or equipment is specified or descci cu in ,he Contract Documents by using the name of a prv:.rig,.:.. item or the name of a. particular Supplier, the. sp•,.:::. ; ;, or description'•is intended to establish the type. and quality required. Unless the specification or d:::, .. .. contains or is followed by words reading that no . valcnt or "orequal" item or no substitution is i,m.u,..;,. other items of material or equip- ment or matcn;t: '. ucnt of other Suppliers may be accepted byENUir.:..;i,otlerthe followingcircuihslances: I I I I I I I ,, I I 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.I.2. Substiiure 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 than the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for -by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will'stale the extent, if any, 10 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 royally. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3, CONTRAC7OR's Expense: All data to be ' provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at C0NTRACTOR's expense. ' 6.7.2. Subs: little Construction Methods or procedaresr I f a specific means, method, technique, sequence or procedure of 1 . 24 construction is shown or indicated in and expressly -required by the Contract Documents, CONTRAC'T'OR 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 culled for by she:Contract Documents. The procedure for revics 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 b'y..ENGINEER and ENGINEER's.Consultants in evaluating substitutes proposed or submitted by CONTRACTO R pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in theContract 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 Subeonrraelors, 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- tify 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 sUbrtitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or. objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit en acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such (I Pi substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CON- TRACTOR is responsible for CONTRACTOR's own acts •and'omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier or otherperson or organization any contractual relationship between OWNER or ENGINEER.and any such Subcon- tractor, Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys. due any such Subcontractor, Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations, 6.9.2 CONTRACTOR shall be solely responsible for •scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing. or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR.in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade, 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit ofOWNER W N ER 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 properly insurance applicable to the Work: If the insurers on any such policies require separate' waiver forms to be signcdby any Subcontractor or Supplier, CONTRACTOR will obtain the same. Fatent 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 royally 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 ofpatent rights or copyrights incideht terthei 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. - i'rrnits: ...... , t .. 6:13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON. TRACTOR; when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement:'CON. TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees, Laws and Rig ularions: 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, neitherOW N ER nor ENGINEER shall be responsible for monitoring CON. TRACTOR's compliance with any Laws or Regulations. 6.14,2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings arc in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of•CONTRAC- 1DR's obligations under paragraph 3.3.2. - Thi n: ...:. 6.15, CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of I II C I I II 25 I I I I I I I I I I I. I [J I I the Project which are applicable during the performance of the Wart... Ui�-oLPnetlui: -, '- 6.I& CONTRACTOR shall confine construction equip, ment, the storage of materials and equipment and the opera- lionsof 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 fui responsibility for any dam- age to. Any such landor 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. CONTRAMR 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. inai will be delivered to ENGINEER for OWNER. Sgfe9F di d P!otadmo . 6.20, CONTRACTOR shall be responsiblefor initiating, maintaining and -supervising all safety precautions and pro• grams in connection with the Work. CONTRACTOR shall take all necessary precautions for thesafety 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 6.20.3other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements; roadways, structures, utilities and Underground pacilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations Many 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 pan, by CONTRACTOR, any Subcontractor, Supplieror-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). Safe' Represenran'n: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and C1 26 J 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- i ng. 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. CONTRAC70R's General Warranty and Guarantee, 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEER and ENGINEER's Consultants that all Work will he in accordance with the Contract Documents and will not be defective. CONTRACTOR'S warranty and 'guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- . contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2.. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR'S obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; .§,30.2.2. recommendation of any progress or final payment by ENGINEER 6,30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC. TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof' by OWNER; 6.30.2.3, any acceptance by OWNER or any failure to do so; 6.30,2.6. any review and approval of a Shop Draw or Sample submittal or the issuance of a notice of accept- ability by ENGINEER pursuant to pa agmph 14.13; 6.30.2.7. any inspection, lest or approval by others; or 6.30.2.8. anycorrectionofdefecttveWgrkbyoWNEj lndemnjJlcarion: 6.31. To the fullest extent permitted by'l.aws Intl Regul� Lions, CONTRACTOR shall indemnify .and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and I officers, directors, employees, agents and Other Consul tants each and any of them from and against all claims, costa, loss and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals an all court or arbitration or other dispute resolution costs) cause by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) i attributable to bodily injury, sickness, disease or death, or t injury to or destruction of tangible property (other than lh Work itself). including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent omission ofCONTRqy nt'Supplier act o 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 tiny of them may be liable, regardless of whether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less , of the negligence of anysuch 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 on organization directly or indirectly employed by any of them 10 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. 633; The indemnification obligations of CONTRAtIDR under paragraph 6.31 shall not extend 10 the liabilityor ENGI- NEER and ENGINEER'S Consultants, officers, directors, employees or agents caused by the professional negligence, .' errors or omissions of any of them. Survlral gf0Mgarlonr 6.34. All representations, indemnifications, warranties and guarantees made in, required by pr. given in accordance with k I iSA. the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- ' ment, completion and acceptance of the Work and termination 1 ifl or completion of the Agreement. IL i i ARTICLE 7 —OTHER WORK Related Work at Sue: • 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- lions 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 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re - .quires additional time and the parties are unable to agree as lothe 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 arc 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 pan of CONTRAC'rOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspeorsuch other work and promptly report to ENGINEERJn 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. Is 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. ily and responsibility will be itemized; and: 7.43. the extent or such authority and responsibilities will be provided. Unless otherwise provided in the Supplemenlary-Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination, ARTICLE 8--0WNER'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 shull be that of the former ENGINEER, 8.3. 'OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and.tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities In respect of purchasing and maintaining liability and property insurance are sal forth in paragraphs 5.5. through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4, 8.7. OWNER's responsibility in respect ofcertain 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. mi] A 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.precaut ions 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 10 satisfy OWNER'S obligations under Ihe,Contract Documents, OWNER's responsibility in respect ,hereof will be as set forth in the Supplementary Conditions, ARTICLE 9=ENGINEER'S STATUS DURING CONSTRUCTION OWNER', 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: ).z1. 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. ,,he 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 coniinu. Otis on -site inspections 10 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 compleed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep will endeavor to guard OWNER against informed of the defecriv,ork and EN- CINEER'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 panicularly; but without limilation, during.,or as a result of ENGINEER'S on•site visits or observations 0fCONTRACInR'a Work ENGINEER will o: supervise, direct, cohtrol orhave authority over or be re. n. sible for CONTRACT'OR'S means, methods,. technique e quences or procedures or construction, or the safety pr , ti lions and programs incident thereto, or for any failure of CONTRACit�R to comply with Laws and Regulations a,li- cable to the furnishing or performance of the Work. Project Repve,eatatirr: ' 9.3. JfOWNER and ENGINEER agree• ENGINEER will furnish a Resident Project Representative to assist EN NEER in Providing more continuous observation of the W The responsibilities and authority and limitations thereor f any such Resident Project Representative and assistants will be as provided in paragraph 9,73 and in the Supplement Conditions, If OWNER designates another representative agent to represent OWNER at the site who is not EN NEER's Consultant,, agent or employee, the responsibilities and authority and limitations thereon of such other person be as provided in the Supplementary Conditions,,.., Cforjfitallont and Interpretations: ' '9A. ENGINEER will issue with reasonable promptness such written clarifications or inte rptjo of the requi meats of the Contract Documents (in the form of Drawings otherwise) as ENGINEER may determine necessary, whit shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications an interpretations will be binding on OWNER and CONTRAC TOR. If OWNER or CONTRACTOR believes that a written clarification or inlerpretat'on justifies an adjustment in the Contract Price or the Contract Times and the ponies are unabl to agree to the amount or extent thereof, if any, OWNER o CONTRACTOR may make a written, claim therefor as pro. vided,in Article II or Article 12. Authorised yw"Ons in Work: I 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 NR and also on CONTRACTOR who shall perform the WorrkklnEolvedp ©mptly. 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 It�r 12, RtjecWn Defective Work• 9.6. ENGINEER will have authority to disapprove or reject Work Which ENGINEER believes to be dtjttNvq: or 4,I ii 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: iii 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 Inclusi've. lu 111 Ia W .- 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 Anicic 14. Detenninmions for Unit Prices: 9.10.. ENGINEER will determine the actual quantities and classifl6iions of Unit Price Work perforated 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 decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the dale of any such decision the other th deliven to and toENC ENGINEER written notice dr OWNER or 7ooflintent on to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordaance 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, u"furmul 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, unlescotherwise agreed in writing by OWNER and CONTRACTOR. Such, appeal will not be subject to.the procedures of paragraph 9.11, Decisions art Disputes: 9.11. ENGINEER will be the initial interpreter of the ..'requirements of the Contract Documents and judge of the ucceptatbilily of the Work thereunder. Claims. disputes. and uther puaten relating to the acceptability of the -Work or the ntcrpretution of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles I I and 12 in respect of changes in the Comrot 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 31 to ENGINEER and the other party to the Agreement prompty (but in no event Iatcr 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 otter party wijhin sixty days after the stun of such occurrence or event unless ENGINEER allows an additional period of time for the submission or additional or more accurate data in suppoal of such claim. dispute or other matter. The opposing party shall submit tiny.response to- ENGINEER and the claimant within thirty days after receipt of the claini:inl's last submittal (tinless 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'5 written decision on such claim. dispute orothcr m; ucrr will be final and b nd ng upon OWNER and CONTRACTOR unless: Ii) an appeal from ENGINEER's decision is taken within the time limits and inaccorhnce with the procedures set forth in EXHII)I'r GC -A. "Dispute kezu- luliun 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 10 appeal from ENGINEER's written decision is delivered by OWNER or CON'I'RAC7OR 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-witi applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CON'T'RACTOR. 9.12. When functioning as interpreter and judge kinder paragraphs 9.10 and 9.11, ENGI NEIik 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 u decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except Lilly which have been waived by the making or ucceplupcc of final payment as provided in paragraph 14.1) will be a condition precedent to anyexercise by OWNER or CONTRACTOR of such rightsor remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other mutter pursuant to Article 16; 9.13. Limiw4ortr on ENGINEER's Authority and Responsibm a. 9.13.1.. Neither ENGINEER's.authority or responsibil. ity under this Article 9 or under any olhcr'provision of the Contract Documents nor uny decision made.by ENGINEER in good faith either to exercise or nut exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose orgive rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or Organinuion, or to any surely for or em- ployee or agent of any of them, 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 Caws and Regulations applicable to the furnishing or performance of the Work. ENGINEER will not be responsible for CONTRACTORS failure to perform or furnish the Work in accordance with the Contract Docu. meats, .1.13.3. ENGINEER will not be responsible for the acts gr,.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. ENGINE -ER's rcview.ofrhe final. Application for Payment and accompanying documenntion 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 willonly be to determine generally that their content cpmplies 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 forih in this paragraph 9.13 shall also apply to ENG.NEER's Consultants, Resident Project Representative and assistants. ARTICLE. I0 -CHANGES -IN THE WORK • 10.1. Without invalidating the. Agreement and without notice to any surety, OWNER may,. at any time.or from time to time, order additions, deletions or revisions in the Work. Such aadditions, 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 he ullowed as ii result of a Work Change Directive, a claim may he made therefor us provided in Article .I I or Article 12. 10,3. CONTRACTOR shall not be entitled tour) increase in the Contract Price or an extension of the Cofiurnct 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 paraagmph •6.23 or in the case of uncovering Work us provided in Pnmgrnph 13,9. 32 10.4. OWNER and CONTRACTOR shall execute a,ro 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. I., (ii) required becau of acceptance of defective Work under paragraph 13.1 or correcting defective Work under paragraph..l3: 14, o agreed to by the parties; _. 10.4.2, changes in the Contract Price or Conlracl T s which are agreed to by the parties; and 10.4:3, changes in the Contract Price or Contract his which embody the substance of any writ jets decision dered by ENGINEER pursuant to paragraph 9.11; Provided that,. in lieu of executing any such Change Orders appeal may be taken from any such decision in accordu with the Provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, C TRACTOR shall carry on the Work and adhere to the prog schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope thCWork or md ing, but ot'limitedhe vto. Contract Price or Contract, Tisions of the Contract D��,nents imes) s required by the provisions of any Bond to be given ton surer the giving of any such notice will he CONTRACvMR'x respo� sibility, and the amount of each applicable Bond will adjusted accordingly, . 1 ARTICLE II -CHANCE OF CONTRACT PRICE 1 1.1. The Contract Price constitutes the total compens• Lion (subject to authorized adjustments) payable to CON. TRACTOR for performing the Work. All duties, responsibil lies and obligations assigned 1oorundenuken byCONTRACTO� shall be at CONTRACTOR's expense without change in th Contmct Price, 11.2. The Contract Price may only he changed by a Change, Order or by a Written Amendment, Any claiirrm fur an adjust- ment in the Contmct Price shall be based on written notice delivered by the parry making the claim to the other puny and to ENGINEER Promptly (but in no event Inter than thirty' days) after the stun of the occurrence or event giving rise to the claim and staling the general nature of the claim. Notice of the amount or the claim with supporting data shall be delivered' within sixty days after the stars of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accumle data in support of the claim), and shall be accompanied by claaimant's written statementthat the adjustment claimed covers all known amounts to which the claimant is entitled us a result of said occurrence or event. All claims forndjustment In the Contmct Price shall be determined by ENGINEER In accordance with pumgrttph 9.11 if O W N ER A and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will , I LI It be valid if'not submitted in accordance with this paragraph I1 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, bya 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). Coo of am we&At,, 1.4. 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: iT4:1• 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 tim• 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 andpayroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses or 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 fimished and incorporated in the Work, including costs of transportation and storage thereof and connection u therewith, All cash discounts shall raccrue 10 CONTRACTOR unless OWNER deposits funds with CON. TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER,.All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER', and CON. TRACTOR shall make provisions so that they may be obtained, 11.4.3•. Payments made by CONTRACTOR to the Sub. contractors for Work performed or furnished by Subcontrac. tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable toO WN ER 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 (he 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. Cosis ofspeciat consultants (including but not limited to engineers, architects, testing laboratories, survey on, attorneys and accountants) employed for services spe- c ifically related, to the Work. 1.1,0.5, •Supplemental„Costs including the followinigi 11,4,5, I. The Proportion of necessary transportation, travel and subsistence expenses orCONTRACTOR'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 handtools 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 CONTRAC` 90R. . 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 agreementf 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 similarlaxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. II.4.5.5. Deposits lost for causes other than• negli. genre 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 payment; and fees for permits and licenses. 33 .. 11.4,5.6, Losses and damages (and related expensed 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. suited 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 forrn 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• • Thecost o[.ul(IIIles, 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, 11.4.3.9. Cost of premiums for additional Bonds and. insurance required because of changes in the Work. I I.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 propretorships), 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 hot SPCCitcally included in agreed class fica'tions referred tom oq tcor sole of job PecificalI covered by paragraph 11.4 4 —all of which are to be cons dy ered administrative costs covered by the CONTRACTOR', fee. • 11.5.2. Expenses or CONTRACTOR', principal and branch offices other than CONTRACTOR', office at the site, .I1 -5J• Any part of C0NTRACIOR's'capilot expenses, including interest on CONTRACTOR', capital employed for the Work and charges against CONTRACTOR for delin• quent payments. (1.5.4• 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). -34 1 1 LS•S• Costs due to the negligenee:ofrrONTR' TOR, any Subcontractor, or anyone.direcily or i rectly employed by any of them or for whose acts of them may be liable, including but not limited to, t}IE correction of defective Work, disposal of materials or equipment wrongly Supplied and making good a damage to property. Other overhead orgeneral expense costs ofany ki and the cosh of any item not specifically and express included in paragraph 1 14 11.6. The CONTRACTOR', fee allowed Ib :CONTRA TOR for overhead and profit shall be determined as follows: i l•6• .. a. mutually acceptable fixed'feer 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.,• for costs incurred under Paragraphs I IA.1' and 11.4.2. the CONTRACTOR's fee shall be fiReen -percent; 11.6,2.2: for costs incurred underparagraph 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 ara 11.4.3 and 11.6.2 is that the Subcontr c l tor who actually' Performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such SUbContmCtor under Paragraphs I1.4.I 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 hexi lower tier Subcontractor; 11.6.2.4. no feeshall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4,5 and ii; 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', fee by an amount equal to five percent of such net 4ecrease• and - 11:6,2.6. when both additions and credits are involved in a'ny�one change, the adjustment in CONTRACTOR', fee shall be computed on the basis of the net change in accordancewith paragraphs 11.6.2., throw inclusive. gh 11.6.2.5, 11.7. Whenever the coal of any Work is to be deterntined ' 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 ro- gether with su pporting data, - r U ILL. Cash Allowances: Ii I 11.8. Itis the Contract Price al� atllowances ceesat Ns named in the included i Contract Documents and shall cause the-Wprk so. Covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: include the cost.to 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 ban. 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 Co reflect actual amounts due CONTRACTOR on account or Work covered by allowances, and the Contract Price shall be correspondingly adjusted, 11.9, UnU 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 lo' includefor 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 itemi of Unit Price Work are not guaranteed and are solely for the purpose of Pri e aeonn Bons ofds dthe actual quantitiesnatndlclasos fiat lions 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- ratcly identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Ankle I I if: 11.9.3. t7 the quantity of any item of Unit Price Work Performed by CONTRACTOR differs materially and sig- nifiantly from the estimated quantity of such item indl• aced in the Agreement; and -11.9.3.2. there is no corresponding ldjustment 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 35 . or having incurred additional expense or OWNER be liens that OWNER is entitled to a decrease in Contrac . Price and the parties are unable to agree as to the amour of any such increase or decrease. ARTICLE 12— CIJANGE OF CONTRACT TIMES . . 12.1•The Contract Times (or Milestone.) 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 Lathe other party and to ENGINEER Promptly (but in no event laterthan 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 oocurrcncc furless 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 ce with Shalt be determined by ENGI- NEER in accordance with paragraph 9.I1if OWNER and COge. No claifor an adjustment CotractTi eR cannot s (or se aMilestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the ContractUocuments 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, foods, epidemics, abnormal weather Bondi. 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 CONTFtgCTpR•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 (t) delays caused by or within, the control of CONTRACTOR,or (ii) delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi. lions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. "hRTIC[.E 13—TES`T'S AND INSPECTIONS; • ACCEPTANCE OFDEFECTIOVE WORK 13,1: No,which of Oejeclr:Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl• edge will be given to CONTRACTOR. All dejecrlvr Work may be rejected, corrected or accepted as provided in this Article I3. Access to Work; I3.2:: -OWNER SbINEER, ENCINEER's Consultants Other representative , personnel of OWNER, independent testing laboratories and aortal interests will have access tthe aagencies Work atreasonable 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 procedues and Programs so that they may comply therewith as applicable, Terri and Inrpecdonr: I3.3., CONTRACTOR shall give ENGINEER timely no tice.of readiness of the Work for all required inspections tests or sot and shall cooperate with inspection and testing Aeronnet nnel to -facilitate required ins peclions 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; IJ.4.g. 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, is otherwise specifically Provided in the Con- tract Documents. 13.5.. If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereof) specifically to be inspected, tested or approved by nn employee 6r other repro• tentative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtainingsuch inspections, tests or approvals; pay all costs:in connection therewith, and wired certificates of ins furnish ENGINEER the reg peCtion, or 36 approval, CONTRACTOR shall also be responsible forn. ing and obtaining and shall pay all costs in connection with inspections; tests or approvals required for OWNS s ENGINEER's acceptance of materials incorporated in. the Work or cquipmen a equipment submitted fore or i of.materials, mix desi s, PProvW prior to x d Purchase thereof for incorporation in the Work. ACTOR :13.6. If any Work (or the work of others) that, is to t inspected; tested or approved is covered by CONTRA�U without written concurrence of ENGINEER, if must,, re quested by ENGINEER, be uncoveredfprobser.ation, 13.7. Un�oe,9 Work as provided in paragtaph 13.61a1 be at CON ACPOR's expense unless CONTRACIO/�a, given ENGINEER timely notice of CONTRACIOR's mien. lion to cover the same and ENGINEER has not acted reasonable Promptness in espouse to such not ice, th Uncot Wont• •. 13.8. Ifany Work is covered contrary to the written regt t of ENGINEER, it must, if requested by ENGINEER, be uncoveredfor ENGINEER's observation and replaced CONTRAC'JOR's expense. • 13.9. If ENGINEER considers it necessary or advise that covered Work be observed by ENGINEER or inspect or tested.by others, CONTRACTOR at ENGINEER's quest, shall uncover, expose or otherwise snake available for observation, inspection or testing as ENGiN that portion of the Work inEER may requi labor, material and a ui question,.found that furnishing all necessars dejecrlvr, CONTRACTOR shall it is found that such Work is and da pay all claims, costs, losses mages caused by; arising out of or rcsulting.from sue uncovering, exposure, observation, inspection and testing an of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work brothers); 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 thereforar provided in Article II. If, however, such Work is not found to be defective, COeoraneinR shall be allowed an increase in the Price bran extension of the Contract Times (or Milestones . both, directly attributable to such uncovering Contract sure ob. servalion, ins). or inspection are, testing, replacement and reconstruction; and, if the parties are unable to agree as 10 the amount or ex ten t' thereof, CONTRAC-IOR may make a claim therefor as pro- vided in Articles II and 12, OWNER Af9 Stop the Wow,, 13.10• If the Work is dejecrlvr, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip. meat, or fails to furnish or perform the Work in such a way the completed Work will conform to the Contract OWNER may that portion thereof Order ONhe cause ��R to atop the Work, eliminated; however, this right of p b such order has been OWNER to at been stop the Work ' I ' HI' ' ' (: 'U 'U shall not give rise to any duty on the part of OWNER to exercise this right for the bcnent of CONTRACTOR or any surety or other party. Con nclion or Remowl of Defective Work: 13.11, if required by ENGINEER, CONTRACTOR shall promptly, asdirccled, 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 drjrctive. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited In I costs of repair or r I • pay all claims, costs, losses and damages attributable OWNER's evaluation. of and determination to accept suc defective Work (such costs to be approved by ENGINEER: to reasonableness). If any such ucceptance..oectirs prior i ENGINEER's recommendation of final payment, a Chang • Order will be issued incorporating the necessary revisions the Contras Documents with respect to the Work; and O W N F shall be entitled to an appropriate decrease in the Contras Price, and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. If the acceptance occurs -alter such recommenda. lion, an appropriate amount will be paid by CONTRACTOR to OWNER. ep acement of work of others)• . oa I OWNER M 13.12. Correctlon Rdod• 13.12.1. If within one year after the date or 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•-en from the Work, i site dthas replace it with IWorkythhaW is not defectNER 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. "at 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. Acepronee of Defetriw Work: - 13.13• ir, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to-ENG. NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall 4 orrrcr Defettfw Work• 13.14, if CONTRACTOR fails within •1easonable time after written notice from ENGINEER 'to coircct defec•rive 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 Contra Documents or if CONTRACTOR rails to comply with any other provision of the Contract Documents OWNER may, after seven days' written notice to CONTRACTOR, correcand remedies under t and remedy any such deficiency. In exercising the pro- ceedsparagraph expeditously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or pan of the Work, and suspend CONTRACTOR'S services related thereto; take possession of CONTRACTOR's loots appliances, construe. lion 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'.CONTRAC7OR 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 panics are unable 10 agree as to the amount thereof, OWNER' may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair Or replace. ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. ARTICLE I4 —PAYMENTS TO CONTRACTnR.AMD 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. ...... will be incorporated into a form or -Application for Payment acceptable to ENGINEER, Progress payments on account of Unit Price Work will be based on the number of units com- pleted.. Appfiearion for Progress Payment: . 14.2, At least twenty days before the date established for each` progress payment (but hot 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, Ihe.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 OWN E R's interest therein, all or which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement, CONTRACmR't Warranty of Tithe: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated -in the Projector not, will Pass to OWNER no later than the time of payment free and clear, of all Liens. Review of Appiieasfons for Progress Payment. .. 14.4. ENGINEER will, within ten days after receipt of each Application for. Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days. after presentation of the Application for Payment to OWNER.. with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the. last sen- tence of paragraph 14,7) become due and when due will be paid by OWNER to CONTRACTOR, 14,5. ENGINEER's recommendation of any payment re. quested in an Application for Payment will constitute a repro. sensation by ENGINEER to OW NER, based on ENGINEER'S on -site observations of the executed Work as,.an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that 10 the best of ENGINEER's knowledge, infor. malion and belief: 14.5.1. the Work bus 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 10 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 hove 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 ortii) 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 an in - chiding final -payment, shall not mean that ENGINEER is responsible forCONTRAC rOR's means, methods, techniques, sequences orprocedures of construction, or the sately,precau. tions and programs incident thereto, or for.any fitilure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance or Work; or for any failure or CONTRACTOR to perform. or furnish Work in accordance with thdContrnct 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 s/efec. rive Work orcomplete Work in accordance with Paragraph 13.14, or 10.7.4. ENGINEER has actual knowledge of the oc- c urrence 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'beeo made against OWNER on account of CONTRACTORS performance or furnishing of the Work, 'R IL ....:......:.: 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 .setoff 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 14.7.7 or paragraphs 15.2.1 through .15.2.4 inclusive but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's Satisfaction the reasons for such action. Substanriai Completion: 14.8. When CONTRACTOR considers the entire Work ready fur its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed b CONTRAC- TOR as, incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable lime 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 writinggiving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a Icntative 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 or the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work. is notsubstantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify. CONTRACTOR in writing, slating 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 consiJcrutiun 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 rcapectto security, operation, safety, maintenance, heat, utili- tics, 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. - • Portia! UNliradon: 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 lime 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 or 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 pan 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: 14.1 I. Upon written notice from CONTRACTOR [hat the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will, notify CONTRACTOR in writing of all 39 particulars'in which this inspection reveals that the Work is incomplete'or defective. CONTRACTOR shall immediately • take such measures as are necessary to complete such Work or •remedy such deficiencies. Final Application for Payment: • 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees, Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4, certificates -of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC. TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers(satis(actory 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 otherindebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satis- factory.. to OWNER to indemnify OWNER against any.Lien. Final Payment and Acceptance: 14.13.. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGI- NEER'S: r view 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 Paymept, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay ment.At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth. erwise, ENGINEER will return the Application to CON. TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER -of the Applica- tion and accompanying documentation, in 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 4O CONTRACTOR:' 14,14. If, through no fault of CONTRACTOR, final corn, pletion of the Work is significantly delayed and if ENGINES so confirms, OWNERshall, upon receipt of CONTRACTOR' 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 full completed and accepted. If the remaining balance to be held b OWNER for Work not fully completed or corrected isjess t ha the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.t,"the written con sent of the surety to the payment of the balance due for tha� 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 waiverof 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 15.2.` awaiverotallclaims byCONTRACTORagainst OWNER other than those previously made in writing and still unsettled: ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER Mqy Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend ihe.Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. '.... .V. ... . • OWNER May Trnilnate: 15.2. Upon the occurrence of any one or more of the following events: r 17 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in. eluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2: if CONTRACTOR disregards Laws or Regula• tions or any•public body having jurisdiction; 13.2.3. if'CONTRACTOR disregards the authority of ENGINEER; or 15.24. 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 arc 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 - minted 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- rive iiutc 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; 15.43. 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 terminatiod: 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. ... COP/TRACTOR May Slop. Work or Terminate: 15.5. If, through no actor fault of CONTRACTOR, the Workis 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 rails 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 EN_GI. NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 arc not intended to preclude CON. TRACTOR from making claim under Articles II and 12 for an increase in Contract Price or Contract Times orotherwisc 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 pan hereof. If no such agreement on the method and procedure tot 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 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.I. Whenever any provision of.the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address knownto the giver of the notice. Computation, of Time:: 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 madea legal holiday by the law of the applicablejurisdiction, such day will be omitted from the computation. 17.2.2. A.. calendar day of twenty-four hours measured - from midnight.io the next. midnight will..constiiute.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 iNury 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 Remidiet: , 17.4... The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the panics 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 or 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 areotherwise 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'specificnlly in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Profestlend Pat and Court Cosa 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. - -. - ".-. - : - - - - 'I- - .- - - . . -'- ... .. J-. , .. . - .. . ..- - (The remainder of this page was left blank intentionally.] J-. 42 -. ,. . . . y 1t EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR is amended to include the following agreement of the panics: 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 urbitrate entered intoin 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 curlier of(a) the date on which ENGINEER has rendered a'written decision or (b) the thirty-first day after the panics 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 mailer will be made later than thirty days after the date on which ENGINEER has rendered a writtendecision in respect thereof in accordance with paragraph 9.11; and the failure todemand 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 lathe 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 lime after the claim, dispute or other mailer 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 or 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 mailer. 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. It. .. GC AI 16.7.. OWNER and CONTRACTOR agree that they shall lion would irrevocably prejudice one or the parties. The first submit any and all unsettled claims, counterclaims, dis• respective thirty and ten.day time limits within which to file a • putesand other mattersinquestion between them arisingoutof 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 dispute submitted to ("disputes"), to mediation by The American Arbitration As• mediation within those same applicable time limits and shall ' sociation under 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 initiating against the other a demand for arbitration pursuant to under this Agreement shall not serve as arbitmtor.of such paragraphs 16.1 through^I6.6, unless delay in initiating arbitra• dispute unless otherwise agreed. 1 -, -I -. •:i.. J - - - - _:.: . 1 . - -- , - - -. - - . - - 1.-_ - : v \ (The remainder of this page was left blank intentionally/)' •••I GC•A2 • .4 SITE WORK SPECIFICATIONS SALEM VILLAGE OFF -SITE WATER (Salem Road) Fayetteville, Arkansas WBR ENGINEERING Fayetteville, Arkansas DEVELOPER SITEWORK SPECIFICATIONS DIVISION 2.1-STTEWORK PER ENGINEERING CONSULTANT DESIGN . SECTION 02050 DEMOLITION SECTION 02110 SITE PREPARATION SECTION 02200 EARTHWORK SECTION 02222 EXCAVATION, BACKFILLING AND COMPACTION FOR UTILITIES - . SECTION - 02230 •PAVINGBASE COURSE SECTION. 02511 ASPHALTIC CONCRETE PAVING SECTION 02513 PORTLAND CEMENT CONCRETE PAVING SECTION 02660 WATER AND SEWER SYSTEMS SECTION 02900 LANDSCAPING, SEEDING AND SODDING. SUPPLEMENT: CITY OF FAYETTEVILLE STANDARD WATER SPECIFICATIONS PROJECT: SALEM VILLAGE _ OFF -SITE WATER . SALEM ROAD. fl FAYETTEVILLE,ARKANSAS /A E O PROJECT ENGINEER WILLIAM B. RUDASILL, JR., P.E. =tffl A$ a *** WBR ENGINEERING ASSOCIATESIA RE�ISTEIth 111 E. MAPLE FAYETTEVILLE, ARKANSAS r7?�1 ' pR S FTi AG,t I I I I I fl I PART 1 - GENERAL 1,01 --. SUMMARY - A. Section Includes: 1. 2, 3, 4, SECTION 02050 DEMOLITION Demolition shall include, unless otherwise noted on Drawings, removal of existing objects of improvements, whether indicated on drawings or not, that would, in the opinion of the owner, prevent or interfere with progress or completion of proposed work. Per.nits,;fees, and licenses shall be secured and paid for by Contractor, including disposal charges as required to ensure progress of work will proceed. Work shall comply with requirements of governing authorities in demolition of existingpavement, curbs and gutters, drainage structures, and utilities as may be required. Demolition requires removal and disposal off site of following: a. Building structures as indicated on Drawings or as •.required by Specifications. b, Entrance drive, parking structures, and adjacent landscape work to limits indicated on Drawings, or as required by specifications; c, Building foundations and supporting walls to uniform depth of 12"below lowest foundation elevation. 1,02 RELATED REQUIREMENTS Construction Drawings ' 1,03 JOB CONDITIONS ' A. Structures to be demolished will be discontinued in use and vacated prior to start of work. B, Owner assumes no responsibility for condition of structures to ' be. demolished, 1 1 C; Conditions existing at time of inspection for bidding purposes '• will be maintained by. Owner. in so far as practicable. Variations within.structure may occur by Owners removal and salvage operations prior to start of demolition work. I I I Items- of salvageable value to Contractor may be removed from structure as work progresses. Salvaged items must be transported from site as they are removed. Storage or sale of removed items on site will not be permitted,' 02050-1 I E. •Explosives shall not be brought to site or used without written ..consent of authorities having jurisdiction. Such written consent will not relieve Contractor of total responsibility for injury to persons or for damage to property due to blasting operations. The performance of any required blasting shall comply with governing regulations, 2,04 PROTECTIONS A. SUMMARY: - 1, Ensure safe passage of persons around all areas of demolition, 2. Conduct operations to prevent damage to adjacent buildings, structures, other facilities, or injury to persons, I 3. Provide interior and exterior shoring, bracing, or support --to prevent movement, settlement, or collapse of structures • to be demolished and of adjacent facilities to remain, on 5. Promptly repair damages caused to adjacent facilities by demolition operations at no cost to Owner, ii I I I Maintain existing utilities indicated to remain, keep in service, and protect against damage during demolition operations, 6. Prevent interruption of existing utilities serving occupied or used facilities, except when authorized in writing by authorities having jurisdiction, 7. Provide temporary services during interruptions to existing utilities as acceptable to governing authorities. 8. Make. arrangements, before initiating demolition, for relocating, disconnection, rerouting, abandoning, or similar action as may be required relative to utilities and other underground piping, to permit work to proceed without delay. Arrangements shall be made in accordance with. regulations of authorities of utilities concerned, including but- not restricting any other services not mentioned, such as overhead and underground power and,' telephone .lines and equipment, gas piping, storm sewers, sanitary sewers, or water piping. Contractor shall not use water when it may create hazardous or objectionable conditions, such as ice, flooding, and/or pollution, 9. Use water sprinkling and other suitable •nethods to limit dust and dirt rising and scattering in air to lowest practical level, I 1I 1 I O205O-2 10, Comply with governing regulations pertaining to - environmental protection. 11. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition. operations, Return •' adjacent areas to condition existing prior to start of work, ' PART 2 -PRODUCTS This Part Not Used PART 3 EXECUTION 3.01- BUILDING DEMOLITION. ' A, Demolish building completely and remove from site using methods as required to complete work within limitations of governing 'regulations. Small structures may be removed, intact when - acceptable to owner and authorities having jurisdiction, B. Proceed with demolition in systematic manner, from top of structure to ground and complete demolition work above each I. floor or tier before disturbing supporting members on lower levels. C. Locate demolition equipment and remove materials so"as to ' -prevent excessive loading to supporting walls, floors, or framing. D. Remove structural framing members and lower to ground by ' hoists, derricks, or other suitable methods, E. Demolish concrete and masonry in small sections. Break up and remove concrete slabs -on -grade unless otherwise shown to remain, F. Demolish and remove below grade construction and concrete slabs- bn grade to a minimum depth of two feet below proposed subgrade. 3.02 FILLING BASEMENTS AND VOIDS A. Completely fill below grade, areas and voids resulting from demolition or removal of structures (underground fuel storage ta,nks., wells, cisterns, etc.) using approved select fill materials consisting of stone, gravel,, and sand free from debris, trash, frozen materials, roots, and other organic matter, B. Ensure that areas to be filled are free of standing water, ' frost, frozen material, trash, and debris prior to fill placement, Co Place fill materials in horizontal layers not exceeding eight inches (8") in loose depth and compact each layer at optimum ' moisture content of fill material to density equal to original -adjacent ground, unless subsequent excavation for new work is required. 1 02050-3 . 1 D. Grade Qu,r.faeeto match adjacent grades and to provide flow to surface drainage structures. after fill placement and compaction, 3,03 DISPOSAL OF DEMOLISHED MATERIALS A,. Remove from site :debris, rubbish, and other materials resulting from demolition operations.. B. No burning of any materials, debris, or trash on -site or off - site will be allowed, except when allowed by the appropriate governing authority. If allowed as stated above, burning shall be performed in manner prescribed by governing authority, Attend burning materials until fires have burned out or have been extinguished, C. Transport materialsremoved from demolished structures and dispose off -r=ite to areas which are approved for disposal by -governing authorities and appropriate property owners,. Ii I SECTION 02110 SITE PREPARATION PART 1 GENERAL 1,01 SUMMARY • A. Section Includes: _. L. Protection or removal of trees and other vegetation, 2,Topsoil stripping, .1 Clearing and grubbing, 1,02,. RELATED. REQUIREMENTS ' Construction Drawings 1,03 PROTECTIONS A. Provide protection necessary to prevent damage to existing improvements, trees, or vegetation indicated on the Contract Documents to remain, ' Be Protect improvements on adjoining properties and on Owner's property, ' Co Restore damaged improvements to original condition as acceptable to parties having jurisdiction, D. Conduct site clearing operations to -ensure minimum ' interference with roads, streets, walks, and other adjacent occupied or used facilities. Do not close or obstruct streets, walks, or other occupied or used facilities without permission from authorities having jurisdiction. Streets and roadways shall be thoroughly cleaned and/or swept on a daily basis or more frequently as required by ' the governing authority, E. Provide traffic control as required, in accordance with the U.S. Department of Transportation "Manual of Uniform Traffic Control Devices" and the State Highway Department requirements. ' PART 2 PRODUCTS This part not used, ' PART 3 EXECUTION A. Unless otherwise indicated on the drawings, remove, trees, shrubs, grass, other vegetation, improvements, or obstructions interfering with installation of new I 02110-1 construction, Removal includes digging out stumps and roots, Do not remove items elsewhere on site of premises. unless specifically indicated, B. Strip topsoil to whatever depths encountered to prevent I , intermingling with underlying subsoil or other • objectionable material. Cut heavy growths of grass from areas before stripping. Topsoil shall consist of sandy clay surficial soil found in depth of not less than 6". Topsoil shall be reasonably free of subsoil, clay lumps, stones and other objects over 2" in diameter, weeds, roots,• and other objectionable material. C, Stockpile topsoil. in storage piles in areas shown or where.... directed. Construct storage piles to freely drain surface ' water; Cover storage piles as required to prevent windblown dust. Dispose of unsuitable as specified for waste material, unless otherwise specified by owner, Excess topsoil shall be removed from the site by the Contractor unless specifically noted otherwise on the Drawings, . D. Completely remove stumps, roots, and other debris below proposed subgrade elevation. Fill depressions caused by clearing and grubbing operations with satisfactory soil. material, unless further excavation or earthwork is required. Place fill material in horizontal layers not exceeding 8" loose depth, and.t-horoughly compacted per fill requirements of this section and Section 02200, E, Remove existing above grade and below grade improvements and abandoned underground piping or conduit necessary to permit construction - and other work. END OFSECTION H ..... 1 I 10, Comply with governing regulations pertaining to environmental protection, . 11, Clean adjacent structures and improvements of dust, dirt '• and debris caused by demolition operations. Return adjacent areas to condition existing prior to start of work. PART 2 PRODUCTS This Part Not Used ' PART 3 EXECUTION 3.01 BUILDING DEMOLITION A. Demolish building completely and remove from site using methods ' as: required to complete work within limitations of governing regulations. Small structures may be removed intact when acceptable to owner and authorities having jurisdiction, B. Proceed with demolition in systematic manner, from top of ' structure to ground and complete demolition work above each floor or tier before disturbing supporting members on lower • levels, ' Co Locate demolition equipment and remove materials so as to prevent excessive loading to supporting walls,, floors, or framing. .. ... ' D. Remove. structural framing members and lower to ground by hoists, derricks, or other suitable methods, E, Demolish concrete and masonry in small sections. Break up and remove concrete slabs -on -grade unless otherwise shown to ' remain, F. Demolish and remove below grade construction and concrete slabs on grade to a minimum depth of two feet below proposed ' subgrade, 3.0.2. FILLING BASEMENTS AND VOIDS A. Completely fill below grade areas and voids resulting from demolition or removal of structures (underground fuel storage tanks, wells, cisterns, etc.) using approved select fill . materials consisting of stone, gravel, and sand free from debris, trash, frozen materials, roots, and other organic matter. ' B, Ensure that areas to be filled are free of standing water, frost, frozen material, trash, and debris prior to fill placement, ' C. Place fill materials. in horizontal layers not exceeding eight inches (8") in loose depth and compact each layer at optimum moisture content of fill material to density equal to original adjacent ground, unless subsequent excavation for new work is ' required, 1 . .. _. . 02050-3 10, Comply with governing regulations pertaining to environmental protection, 11. Clean adjacent structures and improvements of dust, dirt, and debris caused by demolition operations, Return adjacent areas to condition existing prior to start of work, .PART 2" PRODUCTS This Part Not Used PART 3 EXECUTION 3,01 BUILDING DEMOLITION A. Demolish building completely and remove from site using methods as required to complete work within limitations of governing regulations. Small structures may be removed intact when acceptable to owner and authorities having jurisdiction, B. Proceed with demolition in systematic manner, from top of structure to ground and complete demolition work above each floor or tier before disturbing supporting members on lower :-levels, . Co. .Locate demolition equipment and remove materials so as to prevent excessive loading to supporting walls, floors, or. framing, D. Remove structural framing members and lower to ground by hoists, derricks, or other suitable methods, E. Demolish concrete and masonry in small sections. Break up and remove concrete slabs -on -grade unless otherwise shown to remain, - .. F. Demolish and remove below grade construction and concrete slabs on grade to a minimum depth of two feet below proposed subgrade, 3,02 FILLING BASEMENTS AND VOIDS A. Completely fill below grade areas and voids resulting from. demolition or removal of structures (underground fuel storage tanks, wells, cisterns, etc.) using approved select fill materials consisting of stone, gravel, and sand free from debris, trash, frozen materials, roots, and other organic matter. Be Ensure that areas to be filled are free. of :standing water, frost, frozen material, trash, and debris prior to fill placement, . C. Place fill materials in horizontal layers not exceeding eight inches (8") in loose depth and compact each layer at optimum moisture content of fill material to density equal to original adjacent ground, unless subsequent excavation for new work is required, . •1 I.' n en an_dJ D. Grade surface to match adjacent grades and to provide flow to surface drainage structures after fill placement and compaction. 3.03 DISPOSAL OF DEMOLISHED MATERIALS A. Remove from site debris, rubbish, and other materials resulting from demolition operations, B., No burning of any materials, debris, or trash on -site or off - site will be allowed, except when allowed byjthe appropriate governing authority. If allowed as stated above, burning shall be performed in manner prescribed by governing authority. Attend burning materials until fires have burned out or have been extinguished. C. Transport materials removed from demolished structures and dispose off -site to areas which are approved for disposal by governing authorities and appropriate property owners. END OF SECTION 02050-4 j. SECTION 02200 EARTH?IORK PART 1 GENERAL 1.01 SECTION INCLUDES A. Installation, protection, and/or modification of utilities during sitework.construction, including any necessary staging of work.. B-, Scarifying, compaction, and testing of previously graded sites to ensure proper preparation and acceptability, C. Excavation and embankment placement to required lines, dimensions, and subgrade elevations. D. Preparation of existing. low areas for placing of fill, including disposal of muck, topsoil, silt, and wet or unsuitable material, 1,O2 RELATED REQUIREMENTS -Space Section 02110 SITE PREPARATION • Construction Drawings: Refer to Architectural plans and specifications for specific requirements regarding the earthwork beneath.the building. Where the Architectural plans earthwork requirements for the building subgrade pad are more stringent than those stated herein, the Architectural plans and specifications shall govern, 1,03 REFERENCE STANDARDS The following most current publications form part of this specification to the extent indicated by references thereto and shall be followed for all construction testing: American Society for Testing and Materials (ASTM): D 422 Method for Particle Size Analysis of Soils D 698 Test for Moisture -Density Relations of Soils Using 5.5 lb. (2.5 kg) hammer and 12 -inch (304.8mm) Drop (Standard Proctor.) D 1556 Test for Density of soil in Place by the Sand Cone Method. D 1559 Test Method for Resistance to Plastic Flow of Bituminous Mixtures Using Marshall Apparatus D2167 Test for Density of Soil in Place by the Rubber Balloon Method D 2216 Laboratory Determination of Moisture content of Soil . nlnnn_1 D 2487 Classification of Soils for Engineering Purposes .. D 2922 Tests for Density of Soil and Soil-Agg'regate in Place by Nuclear Methods (Shallow Depth) D 3017 Test for Moisture Content of Soil and.Soil- Aggregate in Place by Nuclear Methods (Shallow Depth) D 4318 Test for Plastic Limit, Liquid Limit, & Plasticity Index of Soils • C 25 Chemical Analysis of Limestone, Quicklime and Hydrated ;;ime C 110 Physical .resting for Quicklime and Hydrated Lime, Wet Sleevia Method C 618 Specification for Fly Ash and Raw o'r Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland Cement Concrete C'977 Quicklime and Hydrated Lime for Soil Stabilization American Association of State Highway and Transportation Officials (AASHTO): • T..88 Mechanical Analysis of Soils PART •2 PRODUCTS. 2,01 MATERIALS A. Acceptable Stabilization Fabrics and Geogrids: 1, Mirafi 500X or 600X 2,. Phillips 66 Supac 6WS 3, Dupont Typar 3431 and 3601 4, Trevira S1114 and S1120 5... Tensar SS -1 and.SS-2 6, Exxon GTF-200 or. 350 B, _ Filter/Drainage Fabr•:ics: 1, Mirafi 140NS 2. Phillips 66 Supac 4NP 3, Dupont Typar 3341 C,. Silt Fencing Fabrics: 1. Phillips 66:Supaic 5 NP (UV) 2, Mirafi 100X . D. -:.Hydrated Lime for Soil Stabilization 1, Hydrated Lime shall conform to ASTM C 977, Type 14 2. Required minimum of .95% total oxide content per ASTM C 25• 02200-2 • Hydrated lime gradation shall have a minimum of 85% passing a #200 sieve. per ASTM C 110 I 4, Quicklime is not acceptable for soil stabilization E. Cement for Soil Stabilization 1 Portland Cement, Type I or Type IA F. Fly ash for Soil Stabilization. 1, Fly ash conforming to.ASTM C 618, Type C, except that the'41oss 'on ignition shall not exceed six percent. Fly ash shall not be permitted mixed with Type IA cement. PART ..3 EXECUTION' 3.01 PREPARATION A. Remove from site material that, in opinion of Owner unsuitable or undesirable foundation purposes.Dis .to Owner, Backfill areas and compact as specified, encountered in grading operations or Owner's representative, is for backfilling, subgrade or pose of in a manner satisfactory with layers of suitable material B. Prior to placing fill in•low areas, such as previously existing creeks, ponds, or lakes, perform following .ThptOce.dure:. 1. Drain water out by gravity with ditch'having flow line lower than lowest elevation in low area, 'If drainage cannot be performed -by gravity ditch,, use. adequate pump to obtain same results. 2. After drainage of low area is complete, remove muck, mud, debris, and other unsuitable material by using acceptableequipment and methods that will keep natural soils underlying low areas dry and undisturbed, 3. If proposed for fill, all muck, mud, and other materials removed from above low areas shall be dried on -site by spreading in thin layers for observation by Developer or Developer's representative, Material shall be inspected and, if foundto be suitable for use as fill material, shall be incorporated into lowest elevation of site filling operation, but not . under or within 10'-0" of perimeter of building pad or paving subgrade. If, after observation by Developer or Developer'.s representative, material is found to be. unsuitable, all unsuitable material shall be removed from site, 02200-.3.... I Ii 11 .1. I I. I. I. I I 1 SECTION 02222., EXCAVATING, BACKFILLING, AND COMPACTING FOR UTILITIES PART 1 GENERAL 1.01 SUMMARY This section includes the excavation,, bedding, and backfilling.. of. utilities necessary to perform work indicated on Drawings and Contract Documents, 1,02 RELATED REQUIREMENTS Construction Drawings Specs; Section 02110 SITE PREPARATION 1,03 SUBMITTALS A. Shop Drawings or details pertaining to Site Utilities are not required unless use of materials, methods, equipment, or procedures contrary to Drawings or these specifications are proposed. Do not.perform work until required shop drawings have been accepted by Owner, B. The Contractor shall contact all utility companies and determine if additional easements will be required to complete the project, Contractorshall provide written confirmation of the status of all easements to the Developer's construction manager at the time of the preconstruction conference or no later than 90 days prior to the project possession date. PART 2 PRODUCTS A:,...Bedding Material: Processed sand and gravellfree from clay .lumps, organic, or other deleterious material, and complying with following gradation requirements: U.S. Sieve Size Percent Passing weight) 1 Inch 100 3/4 Inch 90-100 -- 3/8 Inch 20-55 •,. No. 4 0-10 No, 8 0-5 Steel Casing Pipe: Comply with AWNA C-201 or C-202, minimum grade B, size and wall thickness as indicated on Drawings. 02222-1 PART 3 EXECUTION , 3.01 SUMMARY. , A. Set all lines, elevations, and grades for utility and drainage system work and control system for duration of work, including careful maintenance of bench marks, property corners, monuments, or other reference points, Be Maintain in operating condition existing utilities, active utilities, and drainage systems encountered in utility installation. Repair any surface or subsurface improvements shown on Drawings, C. Verify location, size, elevation, and other pertinent data• required to make connections to existing utilities and drainage • systems as indicated on Drawings. Contractor shall comply with local bodes and regulations. 3,02 -EXCAVATION,. TRENCHING, AND BACKFILLING A. Perform excavation as indicated for specified depths. During • excavation, stockpile materials suitable for backfilling in an • orderly manner far enough from bank.of trench to avoid overloading, slides, or cave-ins, Be Remove excavated materials not required or not suitable for backfill or embankments and waste as specified. Any structures. discovered during excavation(s) shall be disposed of as specified, c,.. Prevent surface water from flowing into trenches or other excavations by temporary grading or other methods, as required. Remove accumulated water in trenches. Or other excavations by pumping or. other acceptable methods, '' D. Open cut excavation with trenching machine or backhoe. Where machines other than ladder or wheel -type trenching machines are used, do not use clods for backfill. Dispose of unsuitable material and provide other suitable material at no additional cost to Owner, - 3.,03.• TRENCH EXCAVATION A, The local utility companies shall be contacted before excavation shall begin. Dig trench at proper width and depth for laying pipe, conduit, or -cable, Cut trench banks as ne'ar'ly vertical as practical and remove stones as necessary to avoid point -bearing. Over excavate wet or unstable soil, if encountered, from trench bottom as necessary to provide • suitable base for continuous and uniform bedding. 02222-2 , I I I I I I I I I I I D. All trench excavation side walls greater than 5 feet in depth shall be sloped, -shored, sheeted, braced or otherwise..upported by means of the su:`ficient strength to protect the workmen within them in accordance with the applicable rules and regulations established for construction by the Department of Labor, Occupational Safety and Health Administration (OSHA), and by local ordinances. Lateral travel distance to an exit ladder or steps shall not be greater. than 25 feet in trenches 4 feet or deeper. C. Accurately grade trench bottom to provide uniform bearing and support for each section of pipe on bedding material at every point along entire length, except where necessary to excavate for bell holes, proper sealing of pipe joints, or other required connections, Dig bell holes and depressions for joints after trench bottom has been graded. Dig no deeper, longer, or wider than needed to make joint connection properly, Trench width requirements below the top of the pipe shall not be less than 12" ncr more than 18" wider than outside surface of any pipe or conduit that is to be installed to designated elevations and grades. All other trench, width requirements for pipe; conduit, or table shall be least practical width that will allow for proper compaction of trench backfill. Trench depth, requirements measured from finilshed grade or paved surface shall meet the following requirements or applicable codes and ordinances: L Water Mains: 30" to top of pipe barrel or 6" below the frost line (established by the local building official), which ever is deeper, Sanitary Sewer: Elevations, and grades as indicated on Drawings, Storm Sewer: Depths, elevations, and grades as shown on Drawings, Electrical Conduits: 24" minimum to top of conduit or as required by NEC 300-5, NEC 710-36 codes, or. the local utility company requirements, whichever is deeper, TV Conduits: 18" minimum to top of conduit or as required by the local utility company, :whichever is deeper. Telephone Conduit=': 18" minimum to top of conduit', or as required by the local utility company, whichever is - deeper. Gs Mains: and Service: 30" minimum to top of pipe., or as required by the local utility company, whichever is deeper. 02222-3 3,0.4. SHEETING AND BRACING • Provide sheeting and bracing, when necessary, in trenches and _. other excavations where protection of workmen required, •.S.hee.ting may be removed after sufficient backfilling to protect against damaging or injurious caving, 3.05 -PIPE BEDDING Accurately cut trenches.for pipe or conduit that is to be installed to designated elevations and grades to line and grade from 4" below bottom of pipe and to width as specified. Place 4" of bedding..material, compact in bottom of trench, and accurately shape to conform to lower portion of pipe barrel. After pipe installation, place select backfill and compact in maximum 6" layers measured loose to the top of the trench, 3,06 TRENCH BACKFILLING A. Criteria: Trenches shall not be backfilled until required tests. are performed and the utility systems comply with and are accepted by applicable governing authorities. Backfill trenches as specified, if improperly backfilled, reopen to depth required to obtain proper .compaction. Backfill and compact,. as specified, to.properly correct. condition in an acceptable manner, Be .Backfilling: After pipe or conduit has been. installed, bedded, and tested as specified, backfill trench or ... structure excavation with specified material placed in 8" maximum loose lifts. Compactioo minimum density of 95% of • optimum density in accordance with ASTM D 698 (or 92% of optimum density in.accordance with ASTM D1557). C. .Compaction: Exercise proper caution when compacting .immediately over top of pipes or conduits. Water jetting or flooding is not permitted as method of. compaction, D. Compaction Testing: Independent testing laboratory shall perform test at intervals not exceeding 200'-0" of trench for the first and every other eight -inch (8")'lift of compacted trench backfill and furnish copies of test results as specified. 3,07 BORINGS AND CASINGS UNDER ROADS, HIGHWAYS AND RAILROAD CROSSINGS A. When indicated by Drawings and specifications, :hake certain street; road, highway, or railroad crossings for utility mains by jacking and boring method, and install utility pipe in accordance with AREA specifications, B,• Excavation of approach pits and trenches within right-of- way of street., road,, highway, or railroad shall he of sufficient distance from paving or railroad tracks to 1 1 1 1 '1 I Ii I I I tl L I 1 Co 1 1 1 1 permit traffic to pass without interference. Tamp backfill` for approach pits and trenches within right-of-way in layers not greater than 6" thick for entire length and depth of trench or pit. Compact backfill to 95% of maximum density as determined by ASTM D-698 (or 92% as determined by ASTM D 1557). Mechanical tampers may be used after .cover of 6" has been obtained over top of..barrel of pipes Accomplish boring operation using commercial type boring rig and bred hole to proper alignment and grade and within 2" of same diameter as largest outside joint diameter of pipe installed. Ir..stall pipe in hole immediately after bore has been made, and in no instance shall hole be left open while unattended. In event subsurface operations result in failure or damage to pavement within one year of construction, Contractor to make necessary repairs to pavement at no additional cost to Owner. In event paving cracks on either side of pipe line or is otherwise disturbed or broken due to construction operations, repair or replace. disturbed or broken area without further compensation. Clean and prime interior and exterior of casing pipe; and line with two coats of asphalt in accordance' with AREA specifications, Butt weld steel casing. Welds shall. be full' penetration single butt -welds in accordance with AWWA C-205 and AWS D7 0-62. 1 G. Install casing and utility pipe with end seals, vent pipe, and in. accordance with other special requirements of AREA specifications and 'governing authorities, I. - END OF SECTION 1 i 1 1 02222-5 r 1 lSS r- SECTION 02230 PAVING BASE COURSE PART 1 GENERAL 1,01 SUMMARY: All construction and materials shall meet or exceed the requirements of this section and any state highway department specification section referred to or noted on.the Drawings. which pertain to paving..base course design, materials, preparation, and/or execution.. All materials shall be as indicated on Drawings and shall comply with applicable state highway specification regarding source, quality, gradation, liquid limit, plasticity: index, and mix proportioning, 1.02 -RELATED REQUIREMENTS Construction Drawings Specs. Section 02110 SITE PREPARATION Specs, Section 02200 EARTHWORK PART 2 PRODUCTS . Submit materials certificate to onsite independent testing laboratory which is signed by material producer and Contractor, certifying that ,materials comply with, or exceed, the requirements herein. PART - 3" EXECUTION' 3,01 CONSTRUCTION A., Perform base course construction in a manner that will drain surface properly at all times and at same time prevent runoff from adjacent areas from draining onto base _course construction, B. C, Compact base material to not less than 98% of optimum density as determined by ASTM D 698 (or 95% as determined by ASTM D 1557), unless otherwise indicated on the Drawings, 1 r indicated on Granular Base: Construct to thickness Drawings, apply in lifts or layer; not exceeding 8", _• 1 measure oose, D. _Sand/Shell Base; Construct to thickness indicated on Drawings. Apply in lifts or lavers not exceeding 4" meas=ured loo=e, E. Asphalt Institute Type IV Mix for Full Depth Asphalt Base: Construct to thickness indicated on Drawings in maximum lifts or. layer= of three inches (3") measured loose, I I 1 IA I II I I HI F. Asphalt Institute Type VI, VII, or VIII Mixes for Hot -mix Sand Asphalt Bases: Construct to thickness indicated on Drawings. Apply in lifts or layers not exceeding 3" measured loose, - G. Soil Cement Stabilized Base: Construct to thickness and strength as indicated on Drawings and in accordance with applicable state highway specifications. If not indicated on the Drawings, the minimum compressive strengthshall. be 500Aposai, (measured at,28 days), . 3,02 FIELD QUALITY CONTROL A. An Independent Testing Laboratory, selected and paid by... Owner, shall be retained to perform construction testing of. in -place base courses for compliance with requirements for.. thickness and tolerance. Paving base course tolerances _.shall be verified (by rod and level readings on no more than fifty -foot centers) to +0,05' of design elevation that allow for paving thicknesses as shown in the Drawings. Contractor shall provide instruments and a suitable benchmark, B;" The following tests shall be performed on each type of material used as ,base course material: 1. Moisture and Density Relationship: ASTM D 6.98 or ASTM--..-. D 1557, - 2, Mechanical.Analysis: AASHTO T-88 C 3, Plasticity Index: ASTM D-4318-84 4, Base material thickness: Perform one test for each 20,000 square feet in -place base material, 5. Base material compaction: Perform one test in each lift for. each 20,000 square feet in -place base material area, 6. Test each source of base material for compliance with applicable state highway specifications. Field density test:s for in -place materials shall be performed according to one of the following standards as part of construction testing requirements: ' 1. Sand -Cone Method: ASTM D 1556 2., :Balloon Method: ASTM D 2167 3, Nuclear Method: ASTM D 2922, MethodpB (Direct Transmission). D. Independent Testing Laboratory shall prepare test reports ' that indicate test location, elevation data, and test results. Developer, Architect, and Contractor shall be provided with copies of reports within 96 hours of the time. the test was performed. In event that any test performed. A 02230-2 , tails to meet these Specifications, Developer and Contractor shall be notified immediately by Independent Testing Laboratory. Developer reserves right to employ Independent Testing Laboratory and to direct any testing that is deemed by them to be necessary. Contractor shall ' provide free access to site for testing activities. END OF SECTION - ........H. 1 1 i 1 - •11±..,i 02230-3 P • SECTION 02511 ASPHALTIC CONCRETE PAVING . PART 1 GENERAL ,1,01- RELATED REQUIREMENTS - All construction and materials shall meet or 'exceed the requirements of this section and any state highway ' department_ specifications sections referred to or noted on • the•Drawirgs which pertain to asphaltic concrete paving design, materials, preparation, and/or execution of this product, All materials shall be as indicated on Drawings '• and shall comply with applicable state highway specification regarding source, quality, gradation, and mix design proportioning, B. Construction Drawings Specs, Section 02110 SITE PREPARATION ' Specs. Section 02201) EARTHWORK Specs. Section 02231) PAVING BASE COURSE 1,02 SUBMITTALS A. .Design Mix: Before any asphaltic concrete paving is • constructed, submit actual design mix to the Developer Construction.Departnent for review and/or approval. Design mix submittal shall follow the...format as indicated in the Asphalt Institute Manual MS -2, Marshall Stability Method; ' and shall include- the type/name of the mix, gradation analysis, asphalt c'ment grade used, Marshall Stability (lbs), flow, effective asphalt content (percent), and t direct references to the applicable highway department specifications sections for each material. Design shall be for a mixture listed in the most recent edition of roadway specifications of the state in which the project is to be constructed. In no case shall a mix design over three years old be submitted, ' B Material Certificates: Submit materials certificate to onsite independent testing laboratory which is signed by material producer aid Contractor, certifying that materials comply with, or exc:ed,_the requirements herein, 1,03 JOB CONDITIONS I I A. _ Weather Limitations: 1. Apply prime and tack coats when ambient temperature is above 40 degrees F, and when temperature has been I 02511-1. above 35 degrees F for 12 hours. immediately prior to application. Do not apply when base is wet or contains excess moisture. 2. Construct asphaltic concrete paving when atmospheric • temperature is above 40 degrees F. . PART 2 PRODUCTS 2,01 MATERIALS A,.. Provide asphaltic concrete mixture as recommended by local or state paving authorities to suit project conditions,. Use locally available materials and gradations which meet state highway specifications and exhibit satisfactory record on previous installations, B. Asphalt Cement: Comply with AASHTO M-226/ASTM D 3381; Table 2 AC -10, AC -20, or AC -30, AR -80, viscosity grade, depending on local mean annual air temperature, (See chart below): Temperature Condition Asphalt Grades Cold, mean annual air temperature AC -10 § 7, degrees C (45 degrees F) C5/100 pen,.: Warm, mean annual air temperature AC -20 .between.7 degrees C (45 degrees F) and . .60/70 pen. 24 degrees C (75 degrees F) Hot", mean annual air temperature AC -30 t' 24 degrees C (75 degrees F) - Final acceptance of', the proper grade of A.C. shall be made by the Developer Staff Engineer. C. Prime Coat: A medium curing cut -back asphalt or an asphalt. penetrating prime coat consisting of either MC -30 or SS-lh, D. Tack Coat:.. Emulsified asphalt; AASHTO M-140/ASTM D 997 or M 208/ASTM D 2397, SS -lb, CSS-1, or CSS-lh, diluted with one part water to one part emulsified asphalt, - E, Mineral Filler: Rock or slag dust, hydraulic cement, or other inert material complying with AASHTO M-17/ASTM D 242, if recommended by applicable state highway standards. F. Asphalt -Aggregate Mixture: Unless otherwise noted on the Drawings, the Design. Mix shall have a minimum . stability based on a 50 -blow Marshall complying with AST'1 D 1559 of 1000 lbs. with a flow between 8 and 16. The Design Mix shall be within sieve analysis and bitumen ranges below: II I I n I I L II Square Sieve 3/4 1/2" 3/8" #8 _.#50 #200. SIEVE ANALYSIS OF MIX Total Percent Passing 100 80-100 65-93% 40-55% 12-27% 2-10% Percent Tolerance 7% 5% 4% 48 2% Percent bitumen by weight of total mix: 5.0 - 8,5, Air voids: 3-6% Percent aggregate voids filled with asphalt cement: 70-82% Allowable variance of percent bitumen by weight of total mix = 0.4 2,02 EQUIPMENT Maintain equipment in satisfactory operating condition and correct breakdowns in a manner that will not delay or be detrimental to progress of paving operations, PART' -3 EXECUTION 3.01 PREPARATION A. Remove loose material from compacted base material surface 'immediately before applying prime coat, B. Proof roll prepared base material surface to check for areas requiring additional compaction and areas requiring removal and recompaction, C. Do not begin paving work until deficient base material have been corrected and are ready to receive paving.,. •areas 3,02 APPLICATIONS A0. Prime Coat: 1.: Apply bituminous prime coat to all base material surfaces where asphaltic concrete. paving will be constructed, 2. Apply bituminous prime coat in accordance with APdA Section 2204 and applicable state highway specifications, 3:. Apply at minimum rate of 0.25 gallon per square yard over compacted base material. Apply to penetrate and seal, hut.not.flood surface. ' 4. Make necessary precautions to protect adjacent areas from overspray, 5, Cure and dry as long as necessary to attain penetration and evaporation of :aolatile'l, 02511-3 B. Tack Coat: • . Apply to contact surfaces of previously constructed asphaltic concrete base courses or.portland cement concrete and surfaces abutting or projecting into asphalt concrete and surfaces abutting or projecting into asphalt concrete pavement, Apply tack coat to asphaltic concrete base course or sand asphalt base course, Apply emulsified asphalt tack coat on the surface of all such bases where asphaltic concrete paving will be constructed. Apply emulsified asphalt tack coat in accordance with APWA Section 2204 and applicable state highway specifications. Apply at minimum rate of 0.05 gallon per square yard. of surface. A11ow to dry until at proper condition to receive paving, 3;03 ASPHALTIC CONCRETE PLACEMENT A. Place asphalt concrete mixture on completed compacted subgrade surface, spread, and strike off. Spread mixture at following minimum temperatures: 1. When ambient temperature is between 40 degrees F and 5O degrees F: 285 degrees F. 2. When ambient temperature is between SO degrees F and 60 degrees F: 280 degrees F; 3, When ambienttemperature is higher than 60 degrees F: 275 degrees F. B, Whenever possible, all pavement shall be spread by a finishing machine, Inaccessible or irregular areas, pavement may be placed by hand methods. The hot mixture shall be spread uniformly to the required depth with hot shovels and rakes, After spreading, the hot mixture shall..... be carefully smoothed to remove all segregated coarse aggregate and rake marks. Rakes and lutes used for hand spreading shall be of the type designed for use on asphalt mixtures. Loads shall not be dumped faster than they can be properly spread. workers shall not stand on the loose mixture while spreading, ' - C. Paving Machine Placement: Apply successivelifts of asphaltic concrete in transverse directions with the surface course placed in the direction of surface -water flow. Place in typical strips not less than 10'-0" wide, D. Joints: Make joints..be.tween old and new pavements, or - between successive days' work, to ensure continuous bond between adjoining work. Construct joints to have same 1 • I. •1 if 11 n_ti, i , . II I.... 1 . texture, density, and smoothness as other sections of asphalt concrete course. Clean contact surfaces and apply' tack coat, ' 3.04 ROLLING AND COMPACTION A. The mixture, after. being spread, shall be thoroughly compacted by rolling as.soon as it will bear the weight of the rollers without undue displacement. Mixture shall be compacted to a minimum of 92% theoretical maximum density, ' The number, weight,'and types of rollers and; sequences of rolling operations shall be such that the required density and surface are consistently attained while the mixture is in a workable condition, ' B. Compact mixture with hot hand tampers or vibrating plate compactors in areas inaccessible to rollers. C, Breakdown Rolling: Accomplish breakdown or initial rolling immediately following rolling of joints and outside edge. Check surface after breakdown rolling, and repair displaced areas by loosening and filling, if required, with hot • material, '• D. Second Rolling: Follow breakdown rolling as soon as possible, while mixture is hot. Continue second rolling until mixture has been thoroughly compacted, E,.,., Finish Rolling: Perform finish rolling while mixture is still warm enough for removal of roller marks. Continue rolling until roller marks are eliminated and course has attained maximum density. F. Patching: Remove and replace paving areas mixed with ' foreign materials and defective areas. Cut out such areas and fill with fresh, hot asphalt concrete, compact by rolling to maximum surface density and smoothness. C. Protection: After final rolling, do not permit vehicular traffic on pavement.until it 'has cooled and hardened, .Erect barricades to protect paving from traffic until ' • -mixture has cooled enough not to become marked. 3,O5 FIELD. QUALITY CONTROL A. An Independent Testing Laboratory, .elected and paid by Owner, shall be retained to perform construction testing of 1 in-place..asphaltic concrete courses for compliance with requirements for thickness and surface smoothness. Asphaltic surface and asphaltic base/binder courses shall be randomly cored at a minimum rate of one core for every 20,000 square feet of paving. In no event shall less than 1 .. 025'11-5 V. I three cores in light duty areas and three cores in heavy duty areas shall be obtained, Coring holes shall be immediately filled with full -depth asphalt or with concrete, Asphaltic Concrete pavement samples shall be tested for conformance with the mix design, B. Grade Control: Establish and maintain required lines and elevations, C. Thickness: In -place compacted thickness shall not be less than thickness specified on the Drawings. Areas of deficient paving thickness shall receive a tack coat and a minimum 1" overlay.; or shall be removed and replaced to the proper thickness, at the discretion of Developer; until specified thickness of the course is -.met or exceeded at no •additional expense to Developer. D. Surface Smoothness: Testing shall be performed on the finished .surface of each asphalt concrete course for smoothness, using 101-0" straightedge applied parallel with, and at right angles to centerline of paved area. The results of these tests shall be made available to the owner upon request. Surfaces will not be acceptable if exceeding following tolerances for smoothness: Base Course Surface: 1/4" Nearing Course Surface: 3/16" E, Check surface areas at intervals necessary to eliminate ponding areas. Remove and replace unacceptable paving as directed by Owner. F, Compaction: Field density tests for in -place materials _shall be performed by examination of field cores in accordance with one of the following standards: 1. Bulk specific gravityof paraffin -coated specimens: ASTM D-1188, 2, Bulk specific gravity using saturated surface -dry specimens:. ASTM D-2726, Rate of testing shall be one core per 20,000 square feet of_ paOement, with a minimum of 3 cores from heavy-duty areas and 3 cores from standard -duty areas. Cores shall be cut from areas representative of the project. Areas of insufficient compaction shall be delineated, removed, and replaced in compliance with the specifications at no expense to Developer. 1 •1 •1 I I ill C 11 11 1I 11 11 1 Ii 02511-6I SECTION 02660 WATER AND SEWER SYSTEMS PART I GENERAL 1.01 SUMMARY Furnish labor, materials, services, equipment, and other necessary items required for accomplishing the construction of the water and sewer systems. This shall include, but not limited to, the following: Storm drainage system Sanitary sewers Water lines Related items necessary to perform work - Set lines, elevations, and grades for utility and drainage system work and control system for duration of work, including careful maintenance of benchmarks, property comers, monuments, or other reference points.. • 1.02 RELATED REQUIREMENTS • Construction Drawings Specs. Section 02222 EXCAVATION, BACKFILLING, AND COMPACTING FOR UTILITIES Local governing authority and code requirements • Allnecessary construction permits 1.03 SUBMITTALS A. Submit catalog materials on pipe, valves, fittings and/or meter. B. Submittals shall include ASTM designations, AWWA Certifications, and UL labels as required. PART 2 PRODUCTS 2.01 STORM DRAINAGE SYSTEM A. Reinforced Concrete Pipe: Comply with requirements of ASTM C 76, Class III unless another class type is indicated on Drawings, installed with flexible plastic (Bitumen) gaskets at all joints. Gaskets shall comply with AASHTO M-1 98 751, Type B and shall be installed in strict accordance with pipe manufacture's recommendations. - 02660-I SECTION 02660 WATER AND SEWER SYSTEMS PART' 1 GENERAL 1:01- SUMMARY . Furnish labor, materials, services, equipment, and other necessary hems. required for accomplishing the construction of the water and sewer systems. This shall include, but not limited to, the following; Storm drainage system Sanitarysewers Waterlines Related items necessary to perform work Set lines, elevations, and grades for utility and drainage system work and control system for duration of 1 work; including careful maintenance of benchmarks, property corners, monuments, or other reference ... (,..r. .. ...f. ..... 1.02 RELATED REQUIREMENTS . Construction Drawings Specs. Section 02222 EXCAVATION, BACKFILLING, AND COMPACTING FOR •UTfl ITIES Local governing authority and code requirements All necessary construetion.permits 1.03 -SUBMITTALS A. Submit catalog materials on pipe, valves, fittings and/or meter. 1 B. Submittals shall include ASTM designations, AWWA Certifications, and UL labels as required. PART2PRODUCTS - 2.01 STORM DRAINAGE SYSTEM . A. . Reinforced Concrete Pipe: Comply with requirements of ASTM C 76,. Class III U unless another class type is indicated on Drawings, installed with flexible plastic _ (Bitumen) gaskets at all joints. Gaskets shall comply with AASHTO M-198 75I, Type B and shall be installed in strict accordance with pipe manufacture's. recommendations. .. .. . ..02660-1 SECTION 02660 1 .. WATER AND SEWER SYSTEMS PART 1 CIENERAL. 1.01 SUMMARY ' Furnish labor, materials, services, equipment, and other necessary items required for accomplishing the construction of the water and $ewer.systems. This shall include, but not limited to, the following: Storm drainage system .. _ -Sanitary sewers waterlines Related items necessary to perform work Set lines, elevations, and grades for utility and drainage system work and control system for duration of work, including careful maintenance of benchmarks, property comers, monuments, or other.reference poi 1.02 RELATED REQUIREMENTS Construction Drawings Specs. Section 02222 EXCAVATION, BACKFILLING, AND COMPACTING FOR UTILITIES Local governing authority and code requirements All necessary construction permits . 1.03 SUBMITTALS A. Submit catalog materials on pipe, valves, fittings and/or meter. B. Submittals shall include ASTM designations, AWWA Certifications, and UL labels as required. PART2PRODUCTS 2.01 STORM DRAINAGE SYSTEM A. Reinforced Concrete Pipe: Comply with requirements of ASTM C 76, Class III unless another class type is indicated on Drawings, installed with flexible plastic (Bitumen) gaskets at all joints. Gaskets shall comply with AASHTO M-198 751, Type B And shall be installed in strict accordance with pipe manufacture's- recommendations. B. C. D. Polyvinyl Chloride (PVC) Pipe: Only permitted when specifically indicated on Drawings. • Pipe and fittings shall comply with ASTM D 3034, rated SDR 35. Pipe shall be continually marked with manufacturer's name, pipe size, cell classification, SDR rating, • and ASTM D 3034 classification. Pipe joints shall be integrally molded bell ends in accordance with ASTM D 3034, Table 2, with factory supplied elastomeric gaskets and lubricant. E. Corrugated Polyethylene Pipe (CPP) Smooth Interior: Only permitted when specifically I indicated on Drawings and shall conform with AASHTO Designations M294 and M252. Pipe must be installed in accordance with pipe manufacturers installation Guidelines for Culvert and Other Heavy- Duty Drainage Applications. Acceptable manufacturers: • Advanced Dr� Systems. Inc. (ADS) N-12) 8t RANCOR. INC. (Hi -Q smooth t interior). F. Polyvinyl Chloride (PVC) large diameter closed profile gravity sewer pipe, UNL-B-9: Only permitted when specifically indicated on drawings. Pipe and fittings shall comply , with manufacturers installation guidelines. Acceptable manufacturer: Carton (Vylon H.C.). ' G. Cast -in -Place Manholes 1. Cast -in -Place Manholes shall be constructed of 300 psi concrete._ 2 Forms shall be accurately made of steel sheets and shapes made up of sufficient• strength.to form dense watertight walls to true dimensions. 3. Concrete shall be deposited in evenly distributed layers of about 18 inches,. with each layer vibrated to bond it to the preceding layer. • 4. Mortar for finishing and sealing shall be Class "C". Honey combing less than two (2) inches deep shall be repaired using Class "D" mortar. 02660_2. Corrugated Steel Pipe: Only permitted when specifically. indicated on Drawings nd shall comply with requirements of ASTM A 760; 16 gage unless another is indicated on drawings. Install with matching bank connectors. Install sleeve gaskets if indicated on Drawings in accordance with pipe manufacturers recommendations. Corrugated steel pipe may be round pipe, arch pipe, or slotted drain pipe as indicated on Drawings. Slotted drain pipe shall have 1.75" wide drain guide waterway openings and 6" minimum height drain guide. , Spiral Rib Metal Pipe Type IR: Galvanized or aluminized as specified on Drawings. Pipe ends shall be re -corrugated and installed with semi -corrugated Hugger -type bands and "0" 1 ring gaskets in accordance with pipe manufacturers installation requirements. Spiral Rib metal pipe must comply with ASTM A 760 Type IR. Acceptable manufacturer: CONTECH, INC. "ULTRA PLO II" or equivalent. H. Precast Concrete Manholes 1. Construct manholes of precast concrete sections as required by drawings to size, shape, and depth indicated, but never less than 4' 0" inside diameter. 2. After completion of excavation, setting reinforcing steel and placing inlet and outlet pipes, but prior to placing concrete for invert slab, set precast concrete blocks. Align and adjust to proper grade prior to placing invert slab which shall be poured immediately after setting of first section of manhole barrel. 3. Prior to setting subsequent manhole barrel sections, apply primer to tongue and groove ends and allow to set in accordance with manufacturer recommendations. Place "Ramnek", or equivalent, plastic rope on tongue end. Lower next section into position, and remove excess material from interior of structure. Add • additional material on exterior of joint, if necessary, for completely watertight joint. I. Precast Polyethylene Manholes: 1. Manholes shall comply with 'ASTM D 124B and shall be manufactured with factory -molded steps. The nominal cylinder internal diameter shall be 48" and shall be designed to accept concrete filled polyethylene manhole lids and standard cast iron frames with lid or grate. Manholes shall have compressive strength which meets ASTM D 2412 standards. Acceptable Manufacturers: Advanced Drainage Systems (ADS) or Owner -Approved equivalent manufacturer. J, Inlets Construct inlets of concrete to size, shape, and depth indicated on Drawings. Precast or cast -in -place construction is acceptable. ' K. Cast Iron Frames, Covers, and Grates: After completion of manhole inlet, set frame in full mortar bed after adjusting to required elevation. ' . 2.02 SANITARY SEWER SYSTEM I I I 1] I A. Vitrified Clay Sanitary Sewer: •- I. Sanitary Sewer Pipe and Fittings: Vitrified clay pipe meeting or exceeding requirements of ASTM C 700. 2. Joints: ASTM C 425 Specifications for "Compression Joints for Vitrified Clay Pipe and Fittings." 3. Gaskets: ASTM C 425 Specifications for "Compression Joints for Vitrified Clay Pipe and Fittings". Gaskets shall be manufactured from high grade, properly vulcanized elastomeric compound consisting of either basic natural or synthetic rubber. Gasket manufacturing tolerances shall comply with Rubber Manufacturer's Association tolerances for gaskets. 02660-3 4. Lubricant: Suitable for lubricating joint components; no deterioration effects on gasket or pipe material, will not support growth of fungi or bacteria, and shall be of type recommended by gasket manufacturer. Polyvinyl Chloride Sanitary Sewer: 1 1.. Pipe and fittings shall comply with ASTM D 3034, rated SDR 26. Pipe shall be continually marked with manufacturer's name, pipe size, cell classification,.SDR rating, and ASTM D 3034 classification. Pipe must be installed in accordance with ASTM D2321-72 or the latest revision. Bedding and haunching materials used shall be Class I •or Class II as described in the standards. Embedment shall extend from 6 inches below the pipe to 6 inches above the pipe. 2. Pipe joints shall be integrally molded bell ends per ASTM D 3034, Table 2, with factory supplied elastomeric gaskets and lubricant. 3. Corrugated Polyvinyl Chloride sewer pipe and fittings shall comply with manufacturers name, pipe size, cell classification and ASTM F 949. Pipe must be marked with manufacturers name, pipe size, cell classification and ASTM F 949. Pipe must be marked with manufacturers name, pipe size , cell classification•and ASTM F 949 Classification. Pipe must be installed per the manufacturers installation requirements. Acceptable manufacturer: CONTECH, INC. "A-2000"' PVC SEWER PIPE or Owner- approved equivalent. C. Gray Cast Iron or Ductile Iron Sanitary Sewer: Pipe and fittings shall comply with requirements of grey cast iron or ductile iron pipe described under "WATER DIS- TRIBUTION" article. D. Manholes ' 1. Construct manholes of precast or concrete sections as required by Drawings to size, shape, and depth indicated, but never less than 4' 0" inside diameter. 2. . Precast Construction: Construction shall comply with precast manhole . construction described previously under "STORM DRAINAGE SYSTEM". 3. Main and Lateral Pipes: Neatly cut off main and lateral pipes flush with inside of manhole or inlet where they enter structure walls, and point up irregularities and rough edges with nonshrinking grout. Inverts: Shape inverts for smooth flow across structure floor as shown on Drawings. Use concrete and mortar to obtain proper grade and contour and finish surface with fin textured wood float. Cast Iron Frames, Covers and Grates: After completion of manhole or inlet, set frame in full mortar bed adjust to required elevation. 02660-4, 2.03 WATER DISTRIBUTION SYSTEM I Ti J I I I I I I I 1, I I I 1 I I I A. Pipe sizes less than 3" that are installed below grade and outside building shall comply with one or combination of following: 1. Seamless Copper Tubing: Type "K" roll Form to comply with ASTM B88-62 and installed with wrought copper (95-5 Tin Antimony solder joint) fittings in accordance with ANSI B 16.22. 2. Polyvinyl Chloride Water Pipe: Pipe shall conform to ASTM D2241 with an SDR 21 rating and shall be continually marked'with manufacturer' name, pipe size, cell classification, SDR rating, and ASTM D 1784 classification. Pipe joints shall be integrally molded bell ends in accordance with ASTM D 3139 with factory supplied elastomeric gaskets and lubricant:. B. Pipe sizes 3" and larger that are installed blow grade and outside building shall comply with one of the following: 1. Gray Cast Iron Water Pipe: In accordance with ANSI A21.6, thickness class 150. Fittings shall be either mechanical joint or push -on joint and shall comply with ANSI A21.10 or ANSI A21.11. 2. Ductile Iron Water Pipe: In accordance with ANSI A21.51, Fittings shall be either mechanical joint or push -on joint complying with ANSI A2 1.11 (AWWA C-.151) (Class 50) 3. Polyvinyl Chloride (PVC) Water Pipe: Pipe shall meet the requirements of ASTM D 2241 or AWWA C-900, rated DR 14 (Class 200) or SDR 17 (Class 200). Pipe Shall be continually marked as for smaller pipes. Pipe joints shall be integrally molded bell ends in accordance with ASTM D 3034, Table 2, with factory supplied elastomeric gaskets and lubricant. 4. - PVC pipe should not be installed where soils are or will be exposed to solvents, gasoline, petroleum products, etcetera. The PVC pipe shall be designed or selected in accordance with Appendix A of AWWA C-900. The Hydrostatic Design Basis shall be 2.5 resulting in a design stress of 1600 psi. 5. All PVC pipe shall be PVC 1120 pressure pipe made from class 12454-A or 12454-B material as defined by ASTM D 1748 with outside diameter dimensions of steel or cast-iron pipe. The PVC compounds shall be treated and certified as suitable for potable water products by the National Sanitation Foundation (NSF) Testing Laboratory (NSF Standard No. 14). 6. The pipe fittings and specials for pipe sizes of 6 inches and above shall conform to AWWA Cast iron fittings using a mechanical joint with hardened or duck tipped type of rubber gaskets in accordance with AWWA C-110 and C-111. The pipe 02660-5 and fittings shall be installed in accordance with the recommendations of the pipe manufachuer and consulting engineer. , 7.. Pipe fittings less than 6 inches may be schedule 40 PVC (ASTM 2466) or schedule 80 PVC (ASTM 2467). When the maximum working pressures -are 125 psi or less, schedule 40 is permissible; higher pressures require schedule 80, Fittings 4 inches and smaller which meet the requirements of AWWA C-900 may be used systems having working pressures less that the designed fitting class... 8. The maximum working pressures of the water system shall not exceed the calculated pressure class of the pipe proposed. The total system pressure (workin pressure plus the surge pressures) shall not exceed the calculated pressure rating o the pipe proposed. See the table in Field Quality Control for the minimum standards and system pressures. C. Water pipe accessories, such as tapping sleeves with valves and valve boxes, gate valves with valve boxes, post indicator valves, check valves, and fire hydrants, shall have cast iron mechanical joint, 175 lb working pressure and shall meet or exceed AWWA Specifications. D. Install gate valves as indicated on Drawings and supported on concrete pads with valve stem vertical and plumb. Install valve boxes in a manner that will not transmit loads, I stress, or shock to valve body. E._ Center valve box over operating nut of valve vertical and plumb. Securely fit valve box .' together leaving cover flush with finished surface. F. Install fire hydrant assemblies as indicated on Drawings in vertical and plumb position with' steamer nozzle pointed toward the building unless otherwise directed by local authorities. Support hydrant assembly on concrete pad and firmly braced on side opposite inlet pipe against undisturbed soil and concrete blocking. Place minimum of 6 cu. R. of crushed stone or gravel around hydrant base and barrel after thrust blocking has cured at least 24 hours. Exercise care when backfilling and compacting so proper vertical position will not be altered., G. Place thrust blocking consisting of 2,500 psi concrete to provide sufficient bearing area to, transmit unbalanced thrust from bends, tees, caps, or plugs to undisturbed soil without loading undisturbed Soil in excess of 2,500 lbs./sq. ft. when water main pressure is 100 psi. ' Pipe MINIMUM Tees THRUST BLOCKING 90 Deg. Bend UEAZINQ AREAS 45 Deg. Bend 22 Deg. Bend Diameter Sq. Ft. Sq. Ft. •Sq. Ft. Sq. Ft. 4" 1.0 1.0 .1.0 1.0 6" 1.5 2.0 1.0 1.0 2.5 3.5 .1.8 H 1.0 10" 4.0 5.5 . 2.8 1.5 12" 6.0 8.0 ..... 4.0 2.0 14" 8.0 11.0 5.5 3.0 16" 10.0 14.2 7.0 4.0 Connections with Existing Pipelines: Where connections are made between new work and existing piping, .make connection using suitable fittings for conditions. encountered. Make each connection with existing pipe at time and under conditions which least interfere with operation of existing pipe at time and under conditions which least interfere with operation of existing pipeline service. Provide facilities for . dewatering and for disposal of water from dewatered lines and excavations without damage to adjacent property. _. 02660-7 PART 3 EXECUTION 3.01 FIELD.QUALITY CONTROL A. Test water distribution system pipe sizes installed below grade and outside in building in I accordance with following procedures: (a) All pipework shall be tested at the pressure and leakage tests equal to 1.5 times the design working pressure of the pipe and maintain..said pressure for not less that two hours. (b) The pipe shall be tested in accordance with AWWA-M23 which states an allowable leakage: L=NA(PY/: Where L= gph leakage; N= number 7400 of joints; D= pipe diameter (in.); P= average pressure (psig). The pipe shall be disinfected in accordance with AWWA C-651. ' Maximum ASTM-2241 C-900 ASTM-2241 C-900 ' Working (Pressure) SDR tR Pressure Retina Pressure Class I 215 psi 13.5 315 200 14 200 160 17 250 , 150... 18 150 125 21. 18.9 200 100 .. 25 100 _.. 95 &below 26 160 W Pressure rated PVC pipes (ASTM-2241) are rated on hydrostatic design stress without surge allowance. In systems where cyclic surge pressures will result from flow velocities of 5 fps or more, the pipe should be designed to include surge pressures based on maximum flow velocities and the pipe selected such that the maximum working pressure plus the surge pressure will not exceed the pressure rating of the pipe,. or surge control provisions should be provided. . 2. Furnish, install, and operate the necessary connections, pump, meter and gauges. Leakage shall not exceed that permitted by AWWA Specification C600-64 for mechanical joint and push -on joint pipe. Prior to running any field test, meter shall be tested, sealed, and approved by applicable governing authority at Contractor's 02660-8 , ' } I I I I I B. 3. Locate and repair all leaks and repeat tests until tests results are satisfactory and in compliance with this section. 4. Furnish copy of results of meter test and hydrostatic pressure test to Owner upon completion of water distribution baclflling operations. Test sanitary sewer system to meet maximum allowable leakage requirements of the local governing authority. 1. After the pipe has been laid and backfilled, the line shall be tested fpr tightness by air testing, infiltration, or exf'iitration tests. The maximum allowable amount of leakage shall be 100 gallons per day per inch -mile. The minimum time requirements for air testing for a 0.5 psig pressure drop from 3.5 psig to 3.0 psig shall not be less than shown in the following table, between manholes: Pipczc IS 4 2.5 minutes . . 6 4.0 minutes 8 5.0 minutes to 6.5 minutes 12 7.5 minutes 15 9.5 minutes. 2. After the pipe has been laid and backfilled, the engineer shall require a deflection test. This test shall consist of pulling a mandrell through the pipe. The maximum deflection allowable shall not exceed 5% of the pipe's internal diameter. 3.02 Sterilization Sterilize distribution system with chlorine before acceptance for domestic operation. Amount of chlorine shall be such as to provide dosage of not less than 50 parts/million. Thoroughly flush lines before introduction of chlorinating materials and after contact period of not less than 24 hours, system shall be flushed with clean water until residual chlorine content is nor greater than 1.0 part/million. Open and close valves in lines being sterilized several times during contact period. After sterilization, take water and bacteriologically test in accordance with AWWA specifications. Do not place distribution system in service until approval is obtained form applicable governing authorities. END OF SECTION 273",�)" SECTION 02900 LANDSCAPING, SEEDING, AND SODDING , PART I- GENERAL I. 1,01 SUMMARY F.urn'ish all labor,.mater.ials, services, equipment, and other - ' necessary items required for, establishing landscaped and grassed areas in all areas not covered by pavement, building, or other permanent construction, 1,02 RELATED REQUIREMENTS Construction Drawings •• Specs, Section 02222 EXCAVATING, BACKFILLING, AND COMPACTING FOR UTILITIES Specs, Section 02660 WATER AND SEWER SYSTEMS 1.0,3 SUBMITTALS Submit certification tags from trees, shrubs and seed verifying type and purity. PART 2 PRODUCTS 2.01 FERTILIZER S. • Unless specifically indicated otherwise on the Drawings, spread Commercial 12-12=12, as recommended by local A.N.A. - certified , nursery.. . . •2,02... SHRUBS AND TREES Unless indicated on the Drawings, the Contractor shall provide hardy shrubs and trees suitable -for use in the soil and • climatic conditions of the project. Requirements for measurements, grading, branching, quality and the balling and' burlapping of plants listed in the plant list shall follow the - current issue of American Standard for Nursery Stock issued by the American Association of Nurseryman, Inc. (ANSI -2 60.1-1996) All materials shall be.subject to inspection and approval, The Owner reserves the right to reject at any time or place, prior to acceptance, the work and all, materials which in his opinion fails to meet these specification requirements. Materials may be inspected where growing but inspection at the place of growth shall not preclude the right of rejection at the site. Inspection may be made periodically during installation of materials, at colnpletion, and at the end of guarantee periodF 02900-1 1 I Ii I by the owner. Plants shall have a habit of growth that is normal for the species. They shall be healthy, rigorous and free from insect pests, plant diseases, "and.injuries. All plant material shall conform to State and Federal regulations, Remove unacceptable plant material immediately from job site. All plants shall be non-toxic in species. 2,03 SEED Unless otherwise specified on the Drawings, Contractor shall I. provide Kentucky.31 Fescue with 97% purity and a germination of 90%. For quick -cover grasses only, annual rye grass with germination of 90% shall be used, unless noted otherwise on the. Drawings,. For highway right-of-way areas, use D.O.T. approved ' grass only, 2,04 MULCH ' All mulch. materials shall be air-dried and reasonably free of noxious weeds and seeds. Straw shall be stalks of rye, oats, ' or wheat. Straw shall be suitable for spreading with standard mulch blower equipment, I 1l 2,05 SOD Install in areas designated as sod on the Drawings. Sod shall be allowed in lieu of seeded areas. Sod species shall be a type recommended by an experienced local A.N.A.-certified nursery, Sod to be strongly rooted, weed -free, and a uniform thickness with over 1" or less than 1" of soil, ' •2,06 EROSION CONTROL. BLANKET/FABRIC NETTING Contractor shall provide and install where indicated on Civil Drawings "Curlex" Blankets: by American Excelsior Company or. approved. equal, ' 2.07 STEEL EDGER: 4 inch x 1/5. inch interlocking steel edger. PART 3 EXECUTION I I I I Contractor shall have completed and established all landscaping, seeding and sodding on or before the Developer possession date, unless otherwise approved in writing by the Developerls Construction Manager 3,01 SOIL PREPARATION Subgrade shall be loosened and mixed to depth of 3 inches and lightly compacted. Distribute topsoil from stockpile over areas .Lo „be grassed or planted to a Minimum depth of four inches. Topsoil shall be approximately 1" below all top of 002900-2 cur&5 and walks. Spread fertilizer at rate of 35 pounds per thousand square feet (unless noted otherwise on the Drawings) and rake into soil spreading topsoil to,unifor.m grade and removing foreign materials. Prior to placement of rock,. provide black plastic covering (minimum 3 mils thickness) on , subgrade surface. 3.02 •SH-RUBS AND TREES Layout individual tree and shrub locations by. staking or • flagging and secure Owner's representatives acceptance before the start of planting, work. All planting locations in areas to , be seeded or sodded shall be placed a minimum of two feet • behind the curb. Make minor adjustment as may be requested by landscape Architect or as may be necessary to avoid conflicts • with utility line locations. Refer to detail sheet for tree • and shrub planting procedures, 3,03 SOD INSTALLATION Slab sodding shall form solid and tightly fitted grassed areas. Fit ends and edges together without overlap and stagger joints to offset joint in adjacent strips,..After placing sod, screened topsoil shall be brushed over the area and sod shall be thoroughly watered to prevent any damaging drying affect, On slopes steeper than two -to -one (2:1), sod shall be held in place by wooden pins about 1" square and about 6" long driven flush with the top of the soil, 3,04 SEEDING AND MULCHING Unless otherwise indicated on the Drawings, apply seed at approximate rate of ten pounds per thousand square feet. Apply. quick cover grasses at the rate of five pounds per..thousand square feet, unless noted otherwise on the.Drawings. Seeded areas shall be spread with mulch at an approximate rate of seventy-five (75) pounds per thousand square feet immediately following seeding operations. All portions of the seeded areas shall be covered with a uniform layer of mulch, so that approximately twenty-five percent of the ground is visible. The mulch shall be held in place with an -emulsified asphalt binder spread uniformly at an approximate rate of two gallons per thousand square feet, 3,05 'MAINTENANCE ' Before final acceptance of sitework, repair damaged landscaped. and grassed areas, mow grassed areas, and remove. weeds, foreign' growth, or other material,. Maintain all trees and shrubs until the root system 'has been established, As part of, the Base Bid, Contractor shall provide Developer with a bonded wri':ten one- year maintenance/warranty agreement (beginning on the Developer 02900-3. i, - 1 possession date) with an experienced local A,N;A,-certified nursery business capable of performing the work. This agreement shall include labor and materials for maintenance, replacement of dead or dying plant material, watering, fertilizing, trimming, excluding the cutting of grass areas. Contractor shall provide Developer with a typewritten list of specific maintenance instructions for each type 'of vegetation and plant with the written agreement and bond, END OF :SECTION . 1 1 •• H H -H 1 - 1 . 1 i 1 ( -. 1 1 THE CITY OF FAYETTEVILIEE, ARKANSAS April 10th, 19E City of Fayetteville 113 West Mountain Street Fayetteville, Arkansas 72701 Re: Standard Water Line Specifications These STANDARD WATER LINE SPECIFICATIONS are hereby promulgated t the City Engineering Division under authority granted by th Fayetteville City Council by Resolution 46-96 dated April 2nd 1996, as approved by the Water and Sewer Committee on Februar 15th, 1996, and as approved by the Mayor of the City c Fayetteville. it SI sop, s Venable, R. Bunn, S: lic Works Director 't Pub%i>F Works Director ity Engineer 13 WEST MOUNTAIN 72701 501.521-7700 CAV Ch1.C•C_OnCl I RESOLUTION NO. 4•6-96 A RESOLUTION AUTHORIZING THE ENGINEERING DEPARTMENT TO PROMULGATE POLICIES, PROCEDURES AND SPECIFICATIONS FOR WATER LINES, SEWER LINES AND STREETS. - I H BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' FAYETTEVILLE, ARKANSAS: Section 1. That the Engineering Department. is hereby authorized to promulgate' policies, procedures and. specifications for water line, sewer lines and streets. Section 2. That such policies, procedures and specifications for water lines and sewer, lines shall be reviewed and approved by the Water and Sewer Committee of the City and shall be approved by the Mayor. , Section That such policies, procedures and specifications fur streets shall be reviewed and approved by the Street Committee of the City Council and shall be approved by the Mayor. PASSED AND APPROVED this 2nd day of April , 1996. APPROVED: By:�.. ed Hanna, Mayor I II ATTEST) By: L1 AJJ Traci Paul, City Clerk 1. a / /. r. �� . TABLE OF CONTENTS PART A. GENERAL REQUIREMENTS: 1. Requirements to Extend Water Service................. 2. Minimum Size of Water Lines. . . . . . . . . . . . . . . . . . . . . . 3. City Participation in Water line Costs............... 4. Easements.................... .................. 5. Permits.............................................. 6. Approval of Water Extension Plans' .................... 8. Acceptance b the City......................... 7. Inspections and Testing Procedure Final Y Y 9. Location of Water Lines .............................. 10. Fire Hydrant Spacing. . . . . . . . . . . . . . ................. 11. Water System Study ...............: ............ 12. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART B, MATERIALS 1. Pipe and Fittings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . 2. Polyethylene Encasement (Pipe Wrap).................. 3. Detectable 'Tape. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Backfill Materials. 5. Pipe Bedding Materials . . . . . ............................... . . . . . . . . . . ................... 6. Tracer Sure. 7. . . . . . . Concrete . . . . . . . . . . . . . . - . . ................ 8. . . . . . . . . . . Steel Encasement Pipe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .................. 9. Gate Valves.......................................... 10. Butterfly Valves. . . . . . . . . . . . . . . . : . 11. Valve Boxes. . . . . . . . . . . . . . . . . . . . 12. . . . . . . Fire Hydrants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................... 13. Tapping Sleeves ....... . . . . . . . . . . . . . . . . . 14. Service Connection Materials... . . . . . . . . . . . . . . . . . . .............. ..... PART C. CONSTRUCTION METHODS 1. Pipe Laying.......................................... 1 2. Pipe Trench, Excavation .............................. 5 3. Pipe Trench, Backfill. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4. Installation of Meter Box Settings ................... 7 5. Valve and Valve Box Installation ..................... 7 6. Fire Hydrant Installation ............................ 8 7. Blow -Off Construction. . . . . . . . . . . . . . . ................. 9 8. clean-up. . . . . . . . . . . . . . . . . . . ........................ 9 9. Pavement Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10. Barricades, Guards, and Safety Provisions............ 13 11. Maintenance of Traffic and Closing of Streets........ 13 I STANDARD SPECIFICATIONS FOR WATER LINES PART A. GENERAL REQUIREMENTS 1. Requirements to Extend Water Service: I All new development of any kind shall be required to exte water services to that development at the owner's expense. Wat service shall include providing adequate domestic water flows as well as fire protection with hydrants spaced in accordance with t local and state fire codes. On subdivision or large scale development water systems, wat lines shall extend to the subdivision property line where futu streets are either planned or built to serve adjacent property. Construction of such extensions shall be at the expense of t developer. At other locations easements may be required to facilitate future extension of lines to adjacent properties. , The requirements to extend water service and provide lines adequate for both domestic and fire demands shall apply to a subdivisions regardless of whether they are inside the City Limi or not. Where subdivisions are outside the City Limits, t e placement of fire hydrants shall be optional and in no case shat hydrants be installed outside the City unless a) a fire flow of least 500 gallons per minute can be obtained at the hydrant, and the residents being served by the hydrant have a contract for fire protection with the city of Fayetteville and/or with a Washingt County Rural Fire Department having a mutual aid agreement with tt Fayetteville Fire Department. 2. Minimum Size of Water Lines: I The minimum sized line that may be, installed in connecti with a subdivision is Six (6) inch. This is required even if t line is being extended from an existing line •that is smaller than Six (6) inches. Two (2) inch lines may be approved for cul-de-sa provided the line could not be reasonably extended in the future provide service to adjacent property and where a larger line is not needed to provide either fire protection or adequate domest flows. • Eight (8) inch lines shall be required where needed to maintain or to create an Eight (8) inch water line grid at spacing of about 1/4 of.a mile in both the north -south and eas west direction. A spacing of less than 1/4 mile may by required to accommodate domestic or fire demands. Lines larger than eight inches will be required as recommended by the latest Water Syst� Study. Part A, General I- I I I I I I I The minimum line size requirement for the provision of fir protection shall be a looped 6 -inch line or, in the event of a des end line, an 8 -inch. This minimum requirement shall appl regardless of the theoretical flow capacities existing in th system. Even where a 6 -inch loop may be attained, the City Enginee may require the installation of an 8 -inch line in certain location where loops are long and where large developments ar involved. Lines larger than 8 -inch may be required if they ar needed to provide domestic and fire flow demands for a development 3. City Participation in Water Line Costs:_ In cases where the City desires to have a larger sized wate line in place than is required under Part 1, Paragraph 2 of thes Specifications, the City may enter into an agreement with th developer to provide for the construction of the larger sized line In that event, the City shall be responsible for th difference in material and installation cost between the size lira required for the developer and the size line desired by the City The City shall not be responsible for any engineering cos •' associated with the up -sizing unless the larger size line is mor than 12 -inches in diameter. The City shall not participate in th cost of an 8 -inch or smaller line, except that the City ma consider participating in the cost of smaller lines when a smal Inumber of customers are involved in a non -development situation. The cost involved in up -sizing shall be detr,rmined by th developer's engineer by the taking of bids, and shall be approve by the City Engineer and by the City Council and/or Mayor. ' 4. Easements: ' Easements for water lines shall be at least 20 feet in widt regardless of the size of the water line. The easement may t designated specifically for water line purposes or it may be general utility easement. 1 Lines sized 12 -inches through 18 -inches shall not be placed i easements of less than 25 feet. Lines larger than 18 -inches shal ' be placed in an easement of no less than 30 feet. Wider easement may be required, depending on the specific circumstances involves ' Easements of a lesser width will be considered when adjacer to another easement or under other special circumstances. Alsc where easements are required between lots, the city will conside 16 foot easements (to coincide with setbacks). Part A, General n I 5. Permits: I • All permits required to accomplish the work shall be responsibility of the owner or engineer. Such permits may incl t but is not limited to permits for work within Highway Departmenv R/W, railroad crossing permits, "Notice of Intent!for Eros Control (Arkansas Department of Pollution Control and Ecolog Drainage Permit, Grading Permit, and a "No Charge" tapping pen! - for fire service lines. Work shall not be started without appropriate permit(s) in place. 6. Annroval of Water Extension Plans: • Detailed plans and specifications shall be required extensions and shall be prepared by a professional registered to do business in the State of Arkansas. I for al. enginI: The plans and specifications shall be first approved by City Engineer and then shall be forwarded to the State Departm of Health by the Engineer of Record for their approval. In no c shall any water line construction be allowed before the City ha. written approval from the State Health Department. I Private lines constructed for fire prevention purposes whic have no metering device or backflow pre:vc.ntion device at the po of tie-in to the City main shall be treated as a public line and subject to these specifications as far as engineering, constructio techniques, materials, testing, and inspections are concern After a final. inspection and acceptance of the work, the line .sh be owned and maintained by the owner of the property it serves. No construction of any kind may begin without an eros // control Plan on file with the City in accordance with the Cit { Excavation and Grading Ordinance. The erosion control measure \ rtraw—mss, silt dams, silt ponds, etc.) must be in place in field prior to construction. For projects 5 acres or larger size, it is the responsibility of the contractor to have on fi with the Arkansas Department of Pollution Control and Ecology, "Notice of Intent". ._Written notice of the intent to begin construction must b given ,to the City no less than three • (3) days nor more than (10) days prior to the construction start date. A pre -construct conference involving the Engineer of Record, Contractor, and th City is required prior to beginning -construction. Part A, General I C 1 I 1 I 1 1 1 1 1 1 7. Inspections and Testing Procedures: All field tests required for a project shall be witnessed by the City in the presence of the Engineer of Record and the Contractor. The City representative shall be one of the Public Works Construction Inspectors. The Contractor's representative shall be the foreman or superintendent on the job. The Engineer of Record may be represented by an authorized and qualified representative. The City requires a 24 hour notice on all tests. Calls to the City for the purpose of setting test times shall be made by nc later than 10:00 AM for test on the following day. Tests delayed by weather or other factors will be rescheduled on the same basis. If a test cannot be reasonably scheduled so that a representative of the City can be present, the Engineer of Recorc will witness the test and certify to the city the results. in no case shall a test be made without the presence of the Engineer of Record and the Contractor. it is the responsibility o: the Engineer of Record and/or the Contractor to coordinate the scheduling of tests with the City and with the other parties involved. are: The tests generally associated with water line constructio:I a) The pressure testing of tapping sleeve installation! I b) The pressure testing of lines after installation c) The bacteriological (Bac-T) testing d) Fire Hydrant tests Generally, no Contractor or Engineer of Record involvement i required in the taking of samples for the Bac-T test except tha the Contractor is responsible for the proper flushing of the lin prior to samples being taken by the City. However, the City ma: require the presence of the Contractor or Engineer of Record whe. questions have been raised as to the methodology or techniques use in the sampling process. Bac-T samples are sent to the State Department of Healt testing. Results obtained by the City shall be forwarded to Engineer of Record either by fax or by mail immediately receipt by the City. Part A, General h fo th upo. U Lines failing the Bac-T tests shall be re -sampled 'as soon practicable. If a line fails three (3) consecutive Bac-T tests, the line must be re -chlorinated before Bac-T samples can be taki again. The City shall not be responsible for the rescheduling failed Bac-T tests. The fire hydrant test shall consist of checking the operati of the fire hydrant valve and flowing the fire hydrant..This shat be done after the pressure test has been completed and the fire hydrant valve shall be left in the open position.• All equipment, materials, and labor required for testing shall be furnished by the Contractor at his expense. 8. Final Acceptance by the City: The project shall be subject to a joint final inspection byl designated representative of the City Engineer's Office, a representative of the •Fayetteville Water and Sewer Maintenan Department, the Engineer of Record, and the Contractor. A separa walk-through shall be made by the Meter Foreman to check the location, grade, and condition of water meter settings prior final acceptance. The City will be deemed to have. accepted water lines a appurtenances for ownership upon written notification to the Owns after final inspection. Once the City accepts the project f ownership, the Owner shall be responsible for the provision to the City of a two (2) year maintenance bond for 100 percent of t construction. cost which shall cover defects in materials alp workmanship. A walk-through shall be performed at the end of the two year period and all deficiencies corrected prior to release. the bond. City maintenance shall begin after expiration of the (2) year Maintenance Bond. Record drawings are hereby required as a condition of fin acceptance by the city. 9. Location of Water Lines: I Water lines shall be placed on public streets either in t right of way or in an easement adjacent to the street right of w except that lines can go between lots when there is no oth reasonable way to access a line or provide for future service. Ir no case shall lines intended for individual services be placed the rear of lots or along back property lines. Part A, General C FI I I • 10. Fire Hydrant Spacing: Maximum spacing for single family and duplex developments is 800 feet. Maximum spacing for all other residential development shall be 600 feet. Spacing and placement of fire hydrants within apartment complexes shall be as called for by local or state fire codes or as directed by the Fayetteville Fire Chief. For commercial and industrial developments, fire hydrant ' spacing shall be as called for by local or state fire codes, or as directed by the Fayetteville Fire Chief. Iii. Water System Study: The City's latest Water System Study shall be the basis for decisions made in regard to required line sizes, water line locations, location of water pump stations, water tank sizes and location, and any other matter relating to the water distribution system. ' 12. Applicability: • These regulations and requirements contained in.. Part A of these Standard Specifications shall be applicable to all land'or parcels of land being developed for commercial, industrial, or ' residential use. The material and construction specifications contained in Parts B and C shall be applicable to all water line construction under the control of the City of Fayetteville. I I 1H I I Li Part A, General I I STANDARD SPECIFICATIONS FOR WATER LINES ,• PART B. MATERIALS 1. PIPE AND FITTINGS: Allowable pipe materials shall be Polyvinyl Chloride (PVC) c Ductile Iron. Materials for mains larger than 24" shall c determined on a case by case basis. All pipe shall be designed fo: a working pressure of. at least 200 psi except that for large p F (30". in size or larger) the design working pressure shall be called for by formal design. In no case shall the design working pressure be less than 150 psi. For pipe smaller than 24", c allowable pipe sizes are 2, 6, 8, 12, and 18 inches. Polyvinyl Chloride Pipe - PVC pipe 2 inches in size shall ii manufactured in accordance with ASTM D-2241. PVC pipe 6 inc through 12 inches in size shall be.maniifactured in accordance with AWWA Specification C900 and shall have an SDR of 14. The plastic material used in making the pipe shall be clean virgin, Cell Classification 12454B PVC compound conforming ASTM Resin Specification D-1784, latest revision. Cle reworked material generated from the manufacturer's ow production shall be acceptable as long as the pipe produ meets all the requirements of the Specifications. Nomi laying length shall be 20 feet. Joints for 2 -inch. plastic pipe shall conform to At: Specification D-3139. Joints for plastic pipe 6 -inches El larger shall conform to AWWA C-900. Fittings for PVC pipe 2 inches in diameter shall comply ASTM Specification D-3139, "Joints for Plastic Pressure Pi Using Flexible Elastomeric Seals". Fittings for PVC pipe 6 -inches and larger shall conform to ti specifications given for ductile iron pipe. • I. Ductile Iron Pipe - Ductile Iron Pipe shall conform to th requirements of "Ductile Iron Pipe, Centrifugally Cast .Metal Molds or Sand -Lined Molds, for Water or Other Liquid AWWA Standard C151, latest revision, and shall be designed withstand compacted earth loadings as applied according to th conditions set out on the Plans with an AASHTO HS -20 tr live load. The external loading shall be based on a s density of 120 pounds per cubic foot and Type' 3 standar laying conditions. I Part B - Materials -. Ductile iron pipe shall be designed in accordance with the requirements of "Thickness Design of Ductile Iron Pipe", ' ANSI/AWWA C150/A21.50-91, effective March 1, 1992. Joints and joint materials for ductile iron pipe shall conforr to ANSI/AWWA C105/A21.4. All ductile iron fittings shall conform to the requirements of ANSI/AWWA C153/A21.53, latest revision, for Ductile Iror Compact Fittings. Restrained joint pipe and fittings, shall be ductile iron pipe manufactured in accord with applicable sections of ANSI/AWW1 C151/A21.51 and ANSI/AWWA C110/A21.10. All restrained joint pipe shall be " TR Flex," as manufactured by U. S. Pipe, "Flex - Ring" joint as manufactured by American Ductile Iron Pipe, or equal. Swivel joint fittings shall have a retainer lip and swive_ rotatable gland for positive restraint without tie rods. Restraint joints shall be used where testing will be done against closed valves, etc. ' Flanged pipe and fittings shall be in accordance with the requirements for "Flanged Ductile Iron Pipe with Threadec Flanges," ANSI/AWWA C115/A21.1_5, latest revision. Bolts and gaskets shall meet the requirements of ANSI/AWW; C111/A21.11, latest revision, for "Rubber -Gasket Joints fo: 'Ductile -Iron Pressure Pipe and Fittings." All ductile iron pipe and ductile iron pipe fittings shalt ' have a. standard thickness cement mortar lining in conformanc' to ANSI/AWWA C104/A21.4. All ductile iron pipe shall have a bituminous exterior coatint unless otherwise specified. Exposed pipe may be required t have a factory prime coat consisting of one coat of Kop-Coa- 240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal The bituminous coating shall be approximately 1 mil thick any shall be factory applied to the outside of all pipe any fittings. The finished coating shall be continuous, smooth ' neither brittle when exposed to ithe cold nor sticky whet exposed to the sun, and shall be strongly adherent to the pip or fitting. Joint lubricant shall be provided by the pipe manufacturer and applied as per the manufacturer's recommendations. I Part B - Materials II H Galvanized Steel Pipe and Fittings: Threaded fitting pipe fo� blow -offs shall be unlined Schedule 80 steel pipe and shall conform with the requirements of ASTM Al20-82, late revision, and shall be galvanized in accordance with AS Specification A90-81, latest revision. Fittings for galvanized steel pipe shall be of cast iron, of standard designA dimensions, and be of uniform style and pattern. Fittings galvanized steel pipe shall be galvanized in accordance ASTM Specification A90-81, latest revision. Galvanized pipe and fittings shall be allowed for non -buried service only. 2. Polyethylene Encasement (Pipe Wrap): Polyethylene encasement shall be in C105, latest revision. The polyethylene nominal thickness of .008 -inch (8 mils), either flat tube. or sheet form. conformance I to ANSI/AWWA film shall have a minim and shall be provided i, 3. Detectable Tape: Detectable tape shall be "Detect Tape" Allen Systems, Inc, or approved equal, and minimum thickness of 0.35 mils solid aluminu protective inert jacket that is impervious to acids, chemical reagents and solvents found minimum overall thickness of the tape shall • width shall not be less than 2 inches with a m 2 .1/2.pounds/1 inch x 1000 feet. me I m as manufactured shall consist of foil encased in a ail known alkalis in the soil. . TY be 5.5 mils and th unit weight of The tape shall be color coded and imprinted with the message as follows: Type of Color Water Safety Precaution Blue 4. Backfill Materials: Caution, Buried Water line Below I Allowable backfill material shall be: , (1) Class 7 Aggregate Base Course as specified in Table 303- 1, page 161, in section 303 AGGREGATE BASE COURSE, of t "Standard Specifications for HIGHWAY CONSTRUCTION," Edition 1993, published by the Arkansas State Highway and Transportation Department. Part B - Materials I I I Li I I (2) Sand. Sand shall consist of clean, hard, durable uncoated grains free from lumps, clay and organic materials. All (100%) of "sand" shall pass a no. 8 sieve. (4) Red Clay Gravel or "Hillside" as approved by the City Engineer" (5) Native materials where the Class 7 materials is not required and where suitable (not to be used as bedding material. This material is to be placed above the bedding materials as defined in Part B of these specifications, Paragraph 5. 5. Pipe Bedding Materials: Pipe bedding materials shall be: a) The by-product of McClinton -Anchor's rock crushing operation commonly known as grit, or equal b) Sand c) Class 8 Base (AHTD Specification) d) Materials meeting either ASTM D448 Size #67 or ASTM D2774 ' In no case shall the maximum dimension of rock exceed 0.5C inches. 6. Tracer Wire: Tracer wire shall be 14 gauge coated copper for underground burial. 7. Concrete: Concrete for use as reaction backing or below -ground encasement shall be Class "B", defined as concrete with five bags of cement per cubic yard of concrete and with a minimum 28 da} compressive strength of.�,500 psi. Part B - Materials c I I 8. Steel Encasement Pine: I Encasement pipe for water mains shall be constructed of eithe spiral or straight welded steel and. shall be sized as follows: Water Minimum Encasement Minimum Wall ASTM/AWWA Main Size Pipe Size Thickness Specification 4 - 6 12 0.250 ASTM A 53 8 16 0.250 AWWA C 102 12 - 16 1 24 0.250 18 30 0.312 20 - 24 36 0.312 36 48 0.375 48 60 0.375 9. Gate Valves: Gate valves shall be used for pipe up through 10 -inches i size. Gate valves shall be resilient seated type, non -rising ste. gate valves, in conformance with the requirements of ANWA C509P latest -revision, for "Resilient Seated Gate Valves, 3 Through 1 NPS, for Water and Sewage Systems.' All gate valves shall be designed for a minimum of 200 psi working pressure. All gat valves shall be M&H, AWWA C509 Resilient Seated Gate Valves o� approved equal. Approved equals are Waterous, Mueller, and Clow. All gate valves shall have 0 -ring stem seals. The O-ring stet seal shall be so designed that the seal above the stem collar can be replaced with the valve under pressure in the full-ope position. -- Gate valves shall have standard mechanical joint ends unless indicated on the Plans. Tapping valve ends shall be flanged by MJ. 1 Buried gate valves shall be designed for operation with a nominal 2 inch square operating nut. The standard direction ofs opening shall be open left as viewed from the top. Handwheels fo gate valves shall.be,in conformance to AWWA C509. 1 Part B - Materials ri I I I I I I I I I I I I I I The interior and exterior of the valve plate shall have factory applied fusion meeting AWWA C550 latest revision. body, bonnet and seal bonded epoxy coating The valve shall be tested in accordance with AWWA C509, latest revision. 10. Butterfly Valves: Butterfly valves shall be used for all pipe 12 -inches and larger except that 12" tapping valves shall gate valves. Butterfly valves shall be Class 250B 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, or approved equal. The valve body shall be constructed of cast iron ASTM A-126, Class B, and shall have integrally cast mechanical joint ends unless alternate valve ends are indicated on the Plans. Bod} thickness shall be in strict accordance with AWWA C504, latest revision, Class 250B. All butterfly valves shall be of the tight closing, synthetic rubber -seat type, as follows. 1) Valves 20 inches (nominal diameter) and smaller shall have bonded seats which are simultaneously molded in, vulcanized and bonded to the body. Seat bond must withstand 75 pounds pull under test procedure ASTM D429, Method B. 2) On valves 24 inches and larger, all seats shall be of synthetic rubber compound. Seats shall be retained it the valve body by mechanical means without retaining rings, segments, screws or hardware of any kind in the flow stream. Seats shall be a full 3600 without interruption and have a plurality of grooves mating witr a spherical disc edge seating surface. Valve seats shall be field adjustable around the full 360° circumference and replaceable without dismantling operator, disc or shaft and without removing the valve from the line. Valve discs shall be as follows. 1) Valves 12 inches Valve discs shall A-436, Type 1. Part B - Materials through 20 inches nominal diameter: be constructed of alloy cast iron ASTM fl I 2) 3) Valves 24 inches nominal diameter: Valve discs cast iron with a stainless steel seating edge. Valves 30 inches Valve discs shall seating edge. shall II through 48 inches nominal diamet : be ductile iron with a stainless st The valve shaft shall be constructed of stainless steel Ic the bearings shall be corrosion resistant and self-lubricating. The valves shall be equipped with a totally enclosed type operat fully gasketed and grease packed, suitable for direct burial. E operator shall be designed for operation with a nominal 2 in t square operating nut for use with a T -wrench. Operators shall .€ designed to open with a counterclockwise rotation of the opera i nut. All valves shall have factory applied fusion bonded ep coating meeting AWWA C550 latest revision. The valve shall be hydrostatically tested at 250 psi leakage in accordance with AWWA C504, latest revision. Where valves are specifically shown and detailed on plans to be painted, the valves shall be delivered to the job factory blasted, cleaned and primed with one coat of Kop-Coat Gold Primer or Kop-Coat 622 LCF Primer, or approved equal. 11. Valve Boxes: sif 11 Valve boxes shall be constructed of cast iron. The valve and appurtenances shall consist of a base, extensions as requir and.a top section with a drop lid. The lid shall be marked wit the word "WATER." All valve boxes shall be compatible with gate or butterfly valves for which they are provided and shall manufactured for use in roadways. 12. Fire Hydrants: 1.1 All fire hydrants shall be dry barrel hydrants in conforma�. with AWWA C502, latest revision, for "Dry Barrel Fire Hydrant and shall be designed for a working pressure of 200 pounds pe: square inch gauge. Pressure class 200 fire hydrants shall It three-way, painted white above the ground line with reflect' paint 7216 3M. Approved fire hydrants are Mueller Centurio: hydrants, Catalog No. A-423 or Waterous 5 1/4" WB67-90. The hydrant shall -have a 6 inch mechanical joint inlet 1: conformance to the dimensions shown in ANSI/AWWA C110/A21. latest revision. Three-way hydrants shall have a 5-1/4 inch va opening. Part B - Materials I All fire hydrants shall be equipped with a two-piece barrel having a break -a -way flange at the ground line and shall be ' designed for a 42 -inch bury. Extensions shall be Mueller A-320 or approved equal. Hydrants shall be equipped with two 2-1/2 inch hose nozzles ' and one 4.5 inch pumper nozzle. The operating nut shall be a nominal 1-1/2 inch pentagon, National Standard operating nut designed to open left (counterclockwise). I I I I 1 I I I I I I I Fire hydrants shall be equipped with a safety stem couplinc and flange which are intended to fail upon vehicle impact without damage to the stem or main valve. All fire hydrants shall be tested in accordance with AWWA C502, latest revision. 13. Tapping Sleeves: Tapping sleeves shall be designed for 200 psi and shall be JC1 Type 432 for pipe six (6) inches through twelve (12) inches and JC1 412 for pipe greater than twelve (12) inches, or approved equal. Tapping sleeves shall be vinyl coated. 13. Service Connection Materials: Materials for water main taps, service lines, and meter bo: assemblies shall be: Copper Pipe. . . . . . . . . . . . . . . . . . . 3/4" Corporation Stop...... 3/4" U Branch, 7.5" width......... 5/8" x 3/4" x 12" meter yoke...... 3/4" Tail Piece. . . . . . . . . . . . . . . 18" Cast Iron Flat Meter Lid...... 18" x 24" PVC Meter Box, #501824 .30T, ).275 wall thickness. . . . . . .-. . . . . . . . . •1 Type K soft copper Mueller B-25008 Mueller H-15363 Mueller H-1402 Mueller H-14222 C-109, Crouch Foundr: Mueller/McCullough Tapping saddles for PVC and Ductile Iron manufactured by Mueller and Romac respectively. Part B - Materials shall be a: t I • STANDARD SPECIFICATIONS FOR WATER LINES PART C: CONSTRUCTION METHODS I I 1. PIPE LAYING: All water pipe shall be laid and tested in strict accordalc with the manufacturer's recommendations. For ductile iron pipe, ANSI/AWWA C600 shall apply. For PVC pipe, ASTM D-2774 shall applI All water mains which cross sewers shall be laid to provide minimum of 18 inches positive vertical clearance as measured f r bottom of pipe to top of pipe. At all crossings, the water 1 E pipe shall be adjusted to provide one full length of water line pipe over the sewer line with both joints located as far e possible from the sewer line. A ten (10) foot separation shall e maintained between water lines and sewer lines where those li run parallel to each other. Care shall be taken not to exceed the manufacture recommendations on the degree of deflection allowed per joint o: pipe. A pipe bend shall be installed where necessary to maint•r conformance to those recommendations. Pipe, regardless of type, shall be laid on 6 inches of beddinc material (see Part B, Paragraph 5). and shall be covered to a dell of 6" over the top of the pipe with the same material. The beds c shall be hand tamped in the ditch prior to pipe installation anc shall be hand tamped around and over the pipe. Reaction backing shall be installed at all points I unbalanced pressure. Required area of undisturbed soil for back' c purposes shall be calculated based on the bearing strength of c soil (2000 pounds/square foot) maximum allowable unless pro i otherwise by soil tests) and on a working pressure of 200 psi. Calculations shall take into account pressures due to water hamm� ;Sufficient concrete shall be used to properly transfer load f r the fitting to the undisturbed soil in a uniform manner and without exceeding the strength of the concrete. The fitting shall wrapped with 8 mil polyethylene prior. to pouring the concre Concrete shall not extend over or around the fitting joints. A bends, tees, etc. shall remain open until inspected by the City The transition from 6 -inch pipe to 2 -inch pipe shall be means of a tapped 2 -inch plug. All. 12 -inch or smaller ductile iron 90 hydrant shoes, and other -'valves within 30 feet shall have retainer glands. Part C, Construction Methods degree bends, tel, of a plug or reduce: 1 I Where ductile iron pipe is being laid, polyethylene encasement shall be installed in accordance with ANSI/AWWA C105, latest revision, for either Method A, B or C installation. The encasement shall be provided for all fittings and all other buried iron appurtenances. The encasement shall be protected from prolonged exposure to sunlight to prevent deterioration of the polyethylene film. All iron fittings and all other iron appurtenances shall be wrapped with polyethylene. Pipe detection tape shall be provided in all trenches for water line construction. Installation shall be per manufacturer's recommendations and shall be as close as practical to finished ' grade while maintaining a required minimum of 18 inches between the detection tape and the top of any pipe line. A trace wire shall be laid adjacent to all PVC installations ' and shall be looped around the pipe at least once per joint and connected to all valves and fittings.At valves and meter box settings, the trace wire shall be brought up into the valve or ' meter box as indicated in the standard details. A tracing test may be required prior to final acceptance. Maximum pipe cover shall he 60 inches under normal conditions. Cover greater than 60 inches shall be allowed for short distances where required by field conditions. No hydrants shall be allowed where lines are greater than 60 inches deep. Minimum pipe cover shall. be 36 inches. Cover shall be measured from the top of the • pipe barrel and shall be further defined as: '• a) Land Level Normal to the Direction of the Pipeline: Cover shall be measured from the top of the barrel of the pipe to the top of the existing natural ground surface. b) Cut Sections: Cover shall be required and shall be measured from the top of the pipe barrel to the planned grade. ' c) Fill Sections: Cover shall be measured from the top of the pipe barrel to the natural ground surface underlying the fill unless fill material is placed and properly compacted prior to laying the water line. d) Along and Under Streets: The Cover along streets shall be measured either from natural ground or the curb elevation, whichever results in the lowest absolute elevation of the pipe. Cover under streets shall be measured from the top of the subgrade. ' Minimum elevation fo_r service lines under streets shall be 30 inches below the planned subgrade. That depth shall be maintained ' to.a point at least 5 feet outside of the curb, storm sewer line, or sidewalk. Service lines shall be wrapped with polyethylene in areas where a grit or other bedding material is not required. Part C, Construction Methods 2 I Reasonable amounts of water for flushing, testing at disinfecting water lines will be supplied by the City. The work shall be coordinated to ensure that it will not be carried during periods of high water usage. Water valves on the existit water system shall only be operated by, or under the direct personal supervision of the city of Fayetteville Water Departmenj After completion of construction of all water lines sections thereof, the Contractor shall flush, test and disinfect the new water lines as set out below. a) Flushing: The Contractor shall, fill and flush the newly constructed lines and visually check all combination a release and vacuum valves, blow -off valve assemblies, li valves, and fire hydrants to assure proper operation. b) Hydrostatic Testina: All pipe on this project shall tested as set out in AWWA C600, latest revision. Tests wi be conducted only after the line is completed, including all. taps and meter settings as required and the backfill completed. These tests shall be performed by the Contractor' the presence of the City Inspectors and the Engineer of Record. The Contractor shall furnish all necessary pressu gauges, meters, and pumps and make all taps and connection Each valved secticn of pipe shall be slowly filled with wat and the specified test pressure shall be applied by means a pump connected to the pipe in a manner satisfactory to t Engineer. Befcre applying the test pressure, all air shall be expelled from the pipe by permanent taps or corporation coc where necessary. Test pressure shall be the greatest of 150 percent of t static pressure or 200 psi, whichever is greater. T developer shall provide all pumps or other equipment necessary to maintain the test pressure within ±5 psi at the test poi for a period of two hours. Fire hydrant valves shall be op during the pressure test. c) Leakage: The leakage test shall be conducted concurrent. with the pressure test. Leakage shall be defined as t quantity of water that must be supplied into the newly laid pipe, or any valved section thereof, to maintain pressu within 5 psi of the above specified test pressure after t. air in the pipeline has been expelled and the pipe has beer filled with water. I Part C, Construction Methods - I fl L I The leakage for water pipe shall be within the limits set out in AWWA C600, latest revision. No pipe installation will be ' accepted until the leakage is less than the number of gallons per hour as determined by the formula: L = (S) (D) (Pos) 133,200 L = allowable leakage, in gallons per hour; S = length of pipe •' tested in feet; D = nominal diameter of the pipe, in inches; and P = average test pressure (psi). I I I I I CJ I 1J I I Should any test of pipe laid disclose leakage greater than that specified, the leak shall be located and repaired and the line shall be re -tested. All visible leaks shall be repaired regardless of the amount of leakage. d) Disinfection: After successful pressure testing, the line(s) shall be flushed velocity equal to or greater than 2.5 feet per second. The line shall then be disinfected in accordance with AWWA 0601, 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 contractor shall take great care when flushing the line to assure proper drainage is available to prevent harm at any adjacent downstream location. Disposal of the disinfecting water shall be in a manner that will protect the public and the receiving waters from harmful concentrations of chlorine. Such disposal shall be in accordance with all applicable EPA and ADPC&E regulations. After sterilization is complete, the Contractor shall then flush the sterilizing solution from the lines, and the treated water lines will then be placed into service. Bacteriological samples shall be taken by City personnel only. Samples shall be taken on two consecutiveidays and shall be taken only on Monday, Tuesday, or Wednesday. No water meters shall be set until the samples have been approved in writing by the State. Water lines that dead end shall have a blow -off assembly located on the last joint of pipe as shown on the water line detail sheet. The last joint shall be blocked. Valves on dead end lines shall be placed on the next to last joint if possible and shall be restrained. Part C, Construction Methods E LJ r 2. Pipe Trench, Excavation: I The trench shall be excavated to at least 6 inches below top grade necessary to provide the minimum cover required. Trench wid shall be outside pipe diameter at the bell plus 1 foot either side, except for PVC pipe, the minimum trench width shall be the outsi diameter of the pipe plus 8. inches. Maximum trench width shall the outside diameterof the pipe plus 2 feet. Where the bottom of the trench at subgrade is found to unstable or to include ashes, cinders, any type of refus vegetable or other organic materials, or large pieces of fragments of inorganic material which in the judgment of the Engineer show be removed, the trench shall be excavated and such material removl to the width and depth ordered by the Engineer. Before backfilling uncompacted tamped so support for the pipe is laid the subgrade shall be made with bedding material (Part B, Paragraph 5) in 6 in layers. The layers shall then be hand or machine as to provide a uniform and continuous bearing a the pipe at all points along the pipe length. The sides of any excavation, when deemed necessary or required by State or Federal regulation, shall be proper supported with bracing, shoring or sheeting as the need may be. Such bracing and shoring shall be withdrawn as the wort: progresse- In case the excavation is close enough to buildings or 0th foundations as to endanger their stability by the removing of su • bracing, then they shall be made secure and left in place, and the waterline trench back£illed and thoroughly tamped with the braci in place. The Contractor shall provide sufficient pumps and oth necessary equipment to keep the trench free of water which m accumulate. If the bottom of the trench becomes soft and mudd , the Contractor shall remove all such soft material and replace with bedding materials approved in Part B of these specification Under no conditions shall pipe be laid in a trench that has .n been properly dewatered. The length of trench that may be opened ahead of the pij laying operation shall be determined by field conditions. The contractor is responsible for the proper' restoration of op trenches damaged by the weather or by other means. If, because such trench damage, a different type of pipe bedding system required to provide proper pipe support, the extra expense of su9k revised bedding shall be borne by the contractor at no cost to t City. Li tl Part C, Construction Methods - I I 3. Pioe Trench, Backfill: ' After the pipe bedding has been placed (including up through 6" above the pipe, the trench, excavated areas around valves, fittings, fire hydrants, and other appurtenances shall be ' backfilled with excavated material free from rock larger than 6 inches within 18" of the top of the bedding and 8" in diameter thereafter. In no case shall rock material from blasting operations be allowed in the trench. L I I II I I I I I I 11 Li I I All pipeline trench backfill shall appropriate thickness and compacted hydraulically -powered vibratory trench equivalent equipment. Heavy compaction e'gi closer than 2 feet to the top of the pipe. meet the compaction requirements" set out and/or recompacted to meet the compaction be placed in layers of using a mechanical, compactor or other iipment shall not be used Any backfill failing to below shall be replaced specifications. All trench backfill (except under paved or driving surface areas as detailed below) shall be compacted to 90 percent (minimum) of that of the adjacent undisturbed soil. Unless specifically noted on the Plans, no density testing will be required to prove compliance with the 90 percent density requirement. In areas where the trench is parallel to or crosses any paved area or driving surface including streets, parking lots, future or planned streets, or driveways, the backfill shall be crushed stone as specified in Section 300 CRUSHED STONE BASE (AHTD Class 7). The Crushed stone trench backfill (aggregate base course, class 7) shall be placed in 6 to 8 inch lifts and compacted to 95 percent modified Proctor density (ASTM D1557-78). Red clay gravel or "hillside" may be used as a backfill material in areas described in the above paragraph wher specifically approved by the City Engineer and compacted in 6 to E inch lifts to 95 percent of standard proctor. One density test per crossing shall be required. Where the trench runs parallel to the driving or paved surface one densit} test shall be required per 500 feet or portion thereof. Ar additional test will be made for each test failure at approximatel} 100 feet either side of failing test. In areas to be topsoiled, the density of the backfill material shall be tested at a depth of 12 to 18 inches below the finishec grade prior to the placement of the topsoil. In open fields and other areas where deemed appropriate, the trench may be overfilled and allowed to settle prior to final surface replacement. Trenches may be flooded to promote settlement in areas where it is deemed appropriate. Part C, Construction Methods E I 4. Installation of Meter Box Settings:' Meter box settings shall be located at the street right of v,} or easement line. Double meter boxes shall be placed on the property line between the two lots to be served. Single meter sets shall be placed in the center of the lot. The final grade at the meter box location shall be determinec by the Engineer of Record and the meter box shall be placed at t t grade.. Up to the time of final acceptance by the City, :it shallIc the responsibility of the Owner to make whatever adjustments c meter boxes that might be necessary. After final acceptance by c City, any adjustment of meter boxes needed will be handled accordance with existing or future City Ordinances that may gov the situation. No meters shall be set by the City until the meter box adjusted to the proper grade. Any boxes falling in driveways or sidewalks shall be relocaj • at the expense of the developer or lot owner. It shall be the responsibility of the Engineer of Record place meter box locations on the Record Drawings and to mark tj: in the field. The Record Drawings shall indicate from where eac. lot is to receive water service. 5. Valve and Valve Box Installation: Gate and butterfly valves shall be installed in accordarl with AWWA C600, latest revision, Sections 3.3 and 3.6, and wit either AWWA C504 or AWWA C509, as applicable, latest revisions, manufacturer's recommendations, and these Specifications. Prior to installation, all valves shall be visually inspec for defects., and any foreign material in the valve interi9 removed. A valve box as specified shall be provided for each valve u in a buried service application. The valve box shall be install c so as not to transmit shock or stress to the valve. The valve bo: shall be centered and plumb over the operating nut of the va with the box cover flush with the surface of the finished surfa The valve box shall be backfilled evenly around its perimeter wit: select material. The backfill material shall be hand tamped that the ground will not 'settle after placement of the concre' collar. 11 u Part C, Construction Methods 1 All valve box lids si collar placed around them. valve box lid and shall be shall be flush with the top ' or roadway surface. Valve until every item of cleanup call have an 18 inch square concrete The collar shall be centered on the 6 inches thick. The top of the pad of the box and the surrounding ground box collars shall not be constructed has been completed. 6. Fire Hydrant Installation: Prior to installation, all hydrants shall be inspected for ' direction of opening, cleanliness of inlet elbow, handling damage, and cracks. ' All hydrants shall stand plumb within a tolerance of 1/8 inch horizontally in 12 inches vertically. The nozzles shall be parallel with, or at right angles to, the street with the pumper nozzle facing the curb. Hydrants shall be set to established grade wit1 the nozzle centerline at least 18 inches above the ground. When hydrants are placed beyond the curb, the hydrant barre_ ' shall be set so that no portion of the pumper or hose nozzle car will be less than 12 inches nor more than 18 inches from the outside face of the curb. When set in the lawn space between th. curb and the sidewalk, or between the sidewalk and the propertI. ' line, no portion of the hydrant or nozzle cap shall be within inches of the sidewalk. ' Each hydrant shall be connected to the main with a 6 inc ductile iron pipe branch and an independent 6 inch gate valve. Th 6 inch branch of the -main line fittings shall be equipped wit ' retaining lip and swivel gland for positive restraint without ti rods. Any change in grade needed to properly place the hydran shall be accomplished by the use of an "S" fitting. Drainage shall be provided at the base of the hydrant t placing coarse gravel or crushed stone mixed with sand from the tc of the reaction backing to at least 6 inches above the wast ' opening in the hydrant, and to a distance 3 feet around the elbot+ No drainage system shall be connected to a sewer. ' The bowl of each hydrant shall be braced against unexcavate earth at the end of the trench with concrete reaction backing. : NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM TI - FIRE HYDRANT DRAIN PORTS. I Part C, Construction Methods I Lawn Fescue Blue Grass Rye Grass (Annual) 40% 30% 30% I During or after seeding is complete, all areas shall covered with 10-20-10 fertilizer at the rate of 250 pounds p 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 it sufficient size and weight to achieve a smooth finished surface prior to mulching. Straw mulch consisting of good grade clean straw, free o4 weeds or seed shall be placed over seeded areas and shall uniformly spread so as to provide a thickness of approximate 2 inches when first spread. Where the existing ground cover does not contain any of t grasses as set out in the seed mixture above (Bermuda gras Zoysia, etc.), the Contractor shall be responsible for cutting, removing stockpiling and saving the existing sod • the job site. After constructing the water line a • backfilling the trench, the sod shall be replaced to condition equal to or better than that prior to construction. In the event that insufficient sod has been stored,. or sod h been lost or destroyed, the Contractor shall be responsib for providing and installing new solid sod of the. existing type to complete the cleanup. I b) Class II Cleanup - Fields, Meadows, Etc. The trench shall be backfilled in accordance with the Pipe Specification After the backfill is completed and the surface over t • trench left slightly rounded, the area shall be machine rak to remove all rock to a condition equal to the existin surface on the better side of the adjacent existing right • way. All excess excavated material shall be removed from the sit 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 carefully backfilled and repaired as though it were a part the actual trench excavation. Seeding and fertilizing these areas is required. using the seed mixture and application rates set out below (percent expressed in terms of weight) Field Fescue 400 • Rye Grass (Annual) 40% White Clover (Common) 20% Part C, Construction Methods I I I I H I IJ P1 H I After the area has been accepted, it 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 about 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 shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. c1 Class III Cleanup - Steep, Wooded or Rocky Areas. The trench shall be backfilled in accordance with the Pipe Specifications. After the trench backfill is complete, all damaged brush of every type shall be cut just below ground surface and all damaged limbs shall be trimmed. All brush and debris shall be disposed of by the Contractor and the entire area shall be machine raked so that the area of construction is in a condition equal to the existing surface on the better side of the existing adjacent right of way. The area of the trench line shall then be 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 shall be placed over seeded areas and shall be uniformly spread so as to provide a thickness of approximately 2 inches when first spread. d) All Areas. All work within the construction area shall be cleaned to the satisfaction of the Owner. In general, all rocks, trash or rubbish of any nature shall be removed froit 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. Part C, Construction Methods 11 Ii I I If the trench should settle while the Contractor •is still or the job or within two (2) years of the project' complet' r date, the Contractor shall make the required repairs at IC additional cost to the Owner in accordance with the continuinc responsibility provisions of these Specifications. Failure f Contractor to make necessary repairs during the one y r period will be cause for Owner to make or contract for s Y repairs and invoice the Contractor for all costs. e) Restoration of Damaged Surfaces and Property. Where 1% pavement, trees, shrubbery, fences, poles or other property and surface structures have been damaged, removed or distur c by the Contractor, whether deliberately or through failure c carry out the requirements of the contract documents, sta e laws, municipal ordinances, or through failure to employ us and reasonable safeguards, such property and surf E structures shall be replaced or repaired at the expense of L E Contractor. f) Access after Construction. Unless otherwise directed, areas shall be graded after construction so as to accessible by four wheel drive vehicle. I bE I These clean-up specifications shall- apply to on -s' c subdivision construction as well as off -site construction of wa1 lines. The fact that the installation of other utilities and house building activities may damage such erosion control measure! shall not exempt the developer from this requirement. 9. Pavement Renairs: . All pavements which have been removed or damaged shall I repaired in accordance with these Specifications depending upon thi type of pavement existing prior to construction. ' a. Asphaltic Pavement Repair. The existing pavement shalt be saw -cut and removed to a point 18 inches beyond to( trench line limits, and brought to grade 9 inches be the top of the existing pavement. Six:inches of 3000 ps: concrete shall be placed and allowed to cure. This ax shall then be resurfaced by applying asphaltic cem prime coat at the rate of 0.25 gallons/square ya followed by a minimum of 3 inches of hot -mixed, hot -laic asphaltic concrete, laid to an elevation matching ( existing finished grade. The hot -mixed, hot -laid asph shall be compacted to 92 percent of theoretical density Part C, Construction Methods I I I I L I El I I IJ I m One nuclear densimeter test per asphaltic patch or repair shall be performed. The asphaltic pavement repair shal be deemed acceptable by the Engineer upon a passin nuclear densimeter test at a location as directed by th Engineer. The cost of determining the compacted densit shall be at the expense of the Contractor. Any unacceptable patch or repair shall be replaced and/o recompacted and retested at the Contractor's expense. Concrete Pavement Repair. The existing pavement shal be saw -cut and removed to a'point 18 inches beyond th trench line limits, and brought to grade 9 inches belo the top of the existing pavement. Concrete (4200 psi shall be placed to match the existing surface. Join sealer shall be placed in the area between the repaire surface and the original surface. Unpaved Driving Surface Repair. After the trench ha been backfilled as set out elsewhere in thes Specifications, the surface shall be brought to th existing grade with additional crushed stone base. Where special paving surfaces exist, such as natural gravel washed gravel, exposed aggregate, or other such special materials then the final surfaces shall be replaced in kind except wher specifically noted otherwise. 10. Barricades, Guards and Safety Provisions: To protect persons from injury and to avoid property damage adequate barricades, construction signs, warning lights and guard as required shall be placed and maintained during the progress c the construction work and until it is safe for traffic to use th highway. All material piles, equipment and pipe which may serve a obstructions to traffic shall be enclosed by fences or barricade and shall be protected by proper lights when the visibility i poor. Execution of all necessary safety precautions is the soy responsibility of the Contractor. 11. Maintenance of Traffic and Closing of Streets: The Contractor shall carry on the work in a manner which wil cause the least interruption to traffic, and may close to throug travel not more than two consecutive blocks, including the cros street intersected. Where traffic must cross open trenches, th Contractor shall provide suitable bridges at street intersection and driveways. Part C, Construction Methods 1 I C 1 The Contractor shall post suitable signs indicating that a street is closed and necessary detour signs for a prop maintenance of traffic. Three (3) days written notice to ttil Mayor's office is required prior to the closing of any street. Also, it will be the contractor's responsibility to notify a emergency units (fire, police, EMS, etc.) prior to the closing partial closing of a street. The closing of State Highways shal require approval of both the City and the State Highway and Transportation Department. 1 I C I I I I E 1 1.1 Part C, Construction Methods 11