HomeMy WebLinkAbout144-03 RESOLUTION• City or Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2003
Department:
Division:
Program:
Community Planning & Engineering
Engineering
Water & Sewer Fund Projects
Date Requested
10/7/2003
Adjustment Number
Project or Item Requested:
$53,394 is requested in the Gregg Avenue Water Line
Relocation capital project.
Project or Item Deleted:
Funding from the Water & Sewer Cost Sharing capital
projects that has remaining funds.
Justification of this Increase:
The funding is needed to cover the construction .
contingency cost of the project.
ustification of this Decrease:
There is sufficient funds remaining to finish 2003
objectives.
Account Name
Water line improvements
Account Name
Water line improvements
Increase Budget (Decrease Revenue)
Account Number
5400 5600
5808 00
Decrease Budget (Increase Revenue)
Account Number
5400 5600
5808 00
Amount
Project Number
53,394 02129 1
Amount
Project Numbcr
53,394 02067
Approval Signatures
R.,».ted
Budget Manager
Department Director
F. enc—Services Director
s
/O
ate
Date
`7`—/7— o3
Date
9-23-03
Date
Mayor
Date
Budget Office Use Only
Type. A B
Date of Approval
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
C
Initial
Initial
Initial
E
Date
Date
Date
Initial Date
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 144-03
Document
1
10.7.03
Res. w/agreement & budget adjustment
2
9.23.03
Staff Review w/attachments
draft resolution
memo to mayor
Garver Eng Itr to Libertini
copy of bids
draft agreement
NOTES:
ST, REVIEW FORM - FINANCIAL OBLIG•ON
X AGENDA REQUEST
X CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of:
October 7, 2003
g6s
/6/7/03
ivy -a3
Joss/ad ilkolV
Cay/irathrs l
FROM:
Paul LibertiniF/
Name
Engineering
Division
Comm. Planning & Engineering Svcs.
Department
ACTION REQUIRED: Award a construction contract to Crossland Heavy Contractors, Inc. in the amount of
$693,662.00 and approve $80,000.00 for project contingency for Bid No. 03-31, Gregg Avenue Waterline
Improvements - Phase I. Also, approve the attached Budget Adjustment in the amount of $53,394.00.
COST TO CITY:
$773,662.00 $
Cost of this request
834,113.00
Category/Project Budget
5400.5600.5808.00 $
Account Number
93,845.00
Funds Used to Date
02129.20 $
Project Number
740,268.00
Remaining Balance
Gregg Ave. Waterline Relocation
Program Category / Project Name
Water & Sewer Improvements
Program / Project Category Name
Water & Sewer
Fund Name
BUDGET REVIEW:
X Budgeted Item
udget Manager
Date
X Budget Adjustment Attached
CONTRACT/GRANT/LEASE REVIEW:
Ac ounting Manager
City Attor
9/17/
Date In ernal
y
Date
9117103
Date
Purchasing Manager
Date
STAFF RECOMMENDATION: Approval of the action items listed above.
9 en -O-2 Received in Mayor's Office
Date
Division Head
Department Director
finance & Internal Services Dir.
Date
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number:
New Item:
Date
Yes X
No
• Staff Review Form - Page 2 •
Description Gregg Ave. Waterline Relocation
Comments:
Budget Manager
Accounting Manager
City Attorney
Purchasing Manager
ADA Coordinator
Internal Auditor
Grants Coordinator
Meeting Date: October 7, 2003
Reference Comments:
• •
RESOLUTION NO.
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF SIX HUNDRED NINETY-THREE
THOUSAND SIX HUNDRED SIXTY-TWO DOLLARS ($693,662.00)
TO CROSSLAND HEAVY CONTRACTORS, INC. FOR GREGG
AVENUE WATERLINE IMPROVEMENTS - PHASE 1;
APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF
EIGHTY THOUSAND DOLLARS ($80,000.00); AND APPROVING
A BUDGET ADJUSTMENT IN THE AMOUNT OF FIFTY-THREE
THOUSAND THREE HUNDRED NINETY-FOUR DOLLARS
($53,394.00) FOR SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby awards a construction contract in the amount of Six Hundred Ninety -
Three Thousand Six Hundred Sixty -Two Dollars ($693,662.00) to Crossland
Heavy Contractors, Inc. for Gregg Avenue Waterline Improvements - Phase I. A
copy of the contract, marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Project Contingency in the amount of Eighty Thousand
Dollars ($80,000.00) for same.
Section 2. That the City Council of the City of Fayette I Ahereby approves a budget adjustment in the amoun of flirckinsas,
Three Hundred Ninety -Four Dollars ($53,394.00) for sa
E
PASSED and APPROVED this 7th day of r 2003. i
1.
ROVED:
ATI}
By:
SOO NDRASMITH, City Clerk
By:. _J
'`DAN COODY, Mayor
FAYETTEV?LLE
THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
Date: September 16, 2003
To: Mayor Dan Coody
•
Thru: Hugh Earnest, Chief Administrative Officer
Tim Conklin, Director, Community Planning & Engineering Services tC.
Gary Coover, City Engineer$
From: Paul Libertini, Staff Enginee
Re: Gregg Ave. Waterline Improvements, Phase 1
Award of Construction Contract to Crossland Heavy Contractors, Inc.
Background:
This construction project is in the approved Five Year Capital Improvements Program 2002 - 2006.
On September 17, 2002, City Council approved a phased design contract with Garver Engineers to
relocate and upgrade existing waterlines along Gregg Avenue. The Phase I design has now been
completed and was advertised for bids on Friday, August 8t and Friday, August 15th•
This project will install approximately 2,300' of 18", 1,600' of 12" and 1,000' of 8" PVC waterline.
This includes boring and installing approximately 400' of 12" PVC waterline under the William
Fulbright Expressway in the general area of Target and Olive Garden across to the Millsap Road area
which is currently deficient in water main looping. These waterlines are being installed in
conjunction with the AHTD Gregg Avenue Widening project which is scheduled to have a bid
opening in October.
This project supports Guiding Principle #2 - "Well -Maintained City Infrastructure and Facilities".
Current Status:
On Friday, August 29th at 2:00 pm, official bids were received from 5 contractors. Crossland Heavy
Contractors, Inc. was the low bidder. A full bid tabulation sheet is attached which was prepared by
Garver Engineers.
• •
Mayor Coody, September 16, 2003
Page 2 - Gregg Ave. Waterline Improvements
Recommendations:
Staff recommends that the City Council award the construction contract to the low kidder, Crossland
Heavy Contractors, Inc., in the amount of $693,662.00 and approve S80,000.00 for project
contingency. Also, approve a Budget Adjustment in the amount of $53,394.00 to cover the above
estimated costs and $20,000 for in-house construction management services.
Funding:
The construction project funding has been previously budgeted from the Water & Sewer Fund. The
additional funding of $53,394 required for the budget amendment will come from the Water & Sewer
Cost Sharing budget.
PDUpd1
Attachments: Construction Contract (Agreement)
Bid Tabulations by Garver Engineers
•
Garver Englneers, LLC
3810 Front Street. Suite 10
Fayetteville. Arkansas 72703
479-527-9100
FAX 479-527-9101
WWW. garverergineers. corn
September 2, 2003
Mr. Paul Libertini, P.E.
City of Fayetteville Engineering Department
113 W. Mountain Street
Fayetteville, AR 72703
Re: Gregg Avenue Water System Improvements — Phase I
Evaluation of Bids
Garver Project No. 0296-3600
Dear Paul:
•
GARVERI ENGINEERS
o momnIa�
SEP - 2 2003
M9 2). 14A -
Five bids were received for the City of Fayetteville's Gregg Avenue Water System Improvements —
Phase 1 on Friday, August 29, 2003, at 2:00 P.M. The bids have been checked for accuracy. A
tabulation of the bids is enclosed with this letter, with the summary amount for each bid shown below.
Contractor
Crossland Heavy Construction
Garrey Companies, Inc.
Goodwin & Goodwin
Mobley Contractors
Seven Valleys Construction Co.
Garver Engineers' Estimate
Bid
S 693,662.00
$ 783,800.00
$ 788,765.00
$ 839,672 38
$ 841,680.00
S 842,342.50
We are currently evaluating the apparent low bid of Crossland Heavy Construction prior to
recommending that the City accept this bid. Specifically, we have requested verification that they
have the capability to perform this work within the allotted contract time in conjunction with their
other construction project with the City of Fayetteville, Work Order No.1 of the Accelerated Waterline
Replacement Program, and that they have performed projects of a similar nature in the recent past.
We will supply you with this information once we receive it from Crosland Heavy Construction so
that the City can evaluate the information and award the construction contract to the most qualified
responsive low bidder. If you have any questions, please contact us at your convenience.
Respectfully submitted,
GARVERn�ENGINEERS{�
l P
Chris Parton P E
Project Engineer
Cc: Greg Boettcher — Water & Wastewater Director
Dave Jurgcns — Water & Wastewater Maintenance Director
Gary Coover — City Engineer
Peggy Vice — Purchasing Agent
Fayetteville. AR • Huntsville. AL • Jackson. MS • Little Rock. AR • Nashville. TN • Topeka. KS • Tulsa. OK
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7
TION FOR BIDS RECEIVED Ov ALGIIST I\ 2003.111P.M.
,
•
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
c 71 Ste 6 -
THIS AGREEMENT is dated as of the 7th day of October in the year 2003 by and between the City
of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Crossland Heavy Contractors, Inc.
(hereinafter called CROSSLAND).
FAYETTEVILLE and CROSSLAND, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CROSSLAND shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Gregg Avenue Waterline Improvements — Phase I
Installation of 18", 12", and 8" PVC water mains along Grcgg Avenue from Futrall Drive
north to near the Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes,
taps of various sizes , ductile iron water fittings, water valves, water service lines, water
meters, connections to existing water lines and services, and pavement repairs as necessary.
Article 2. ENGINEER
The Project has been designed by:
Garver Engineers, LLC
3810 Front Street, Suite 10
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE's representative, assume all
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 90 consecutive calendar days after the date
when the Contract Time commences to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraphs 14.07 B & C
of the General Conditions within 120 consecutive calendar days after the date when the Contract
Time commences to run.
Gregg Avenue Waterline Phase I
00500 (1) Garver No. 0296-3600
• •
If delays in utility relocations by others impede Crossland's progress for major Contract items
and/or items critical to the prosecution of the work within the Contract Time, the Contract Time
will be temporarily suspended or adjusted by the City as appropriate. During such periods, the
Contractor will be allowed to work on minor Contract items, as approved by the City, without
spending Contract Time.
3.2. Liquidated Damages. FAYETTEVILLE and CROSSLAND recognize that time is of the
essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not
completed on time. Accordingly, instead of requiring any such proof, FAYETTEVILLE and
CROSSLAND agree that as liquidated damages for delay (but not as a penalty) CROSSLAND shall
pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for substantial completion if CROSSLAND shall neglect, refuse, or fail
to complete the remaining work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by FAYETTEVILLE,
CROSSLAND shall pay FAYETTEVILLE Five Hundred dollars (5500.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
FAYETTEVILLE agrees to pay, and CROSSLAND agrees to accept, as full and final compensation for all
work done under this agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to be made in lawful
money of the United Statcs at the time and in the manner set forth in the Specifications.
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
/ Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without
a prior formal contract amendment approved by the Mayor and the City Council in advance of the change
in scope, cost or fees
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of
Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the
Supplementary Conditions. Prior to Final Completion, progress payments will be made in an
amount equal to the value of completed Work, plus the value of stored materials, less retainage, less
the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may
withhold, in accordance with paragraphs 14.02.6.5 & 14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until
such time as 50 percent of the Work has been completed. If 50 percent of the Work has
Gregg Avenue Waterline Phase 1
00500 (2) Garver No. 0296-3600
• •
been completed, as determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of
the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent
if the character and progress of the Work become unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and
equipment not incorporated in the Work but delivered, suitably stored, insured, and
accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs
14.02.B.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs
I4.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CROSSLAND makes the following
representations:
6.1. CROSSLAND has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including "technical data."
6.2. CROSSLAND has visited the site and become familiar with and is satisfied as to thc general,
local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.
6.3. CROSSLAND is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. CROSSLAND has carefully studied all rcports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to thc site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CROSSLAND accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and drawings upon which
CROSSLAND is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CROSSLAND acknowledges that such reports and drawings are not Contract Documents and may
not be complete for CROSSLAND's purposes. CROSSLAND acknowledges that
FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness
of information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the site. CROSSLAND has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or
Gregg Avenue Waterline Phase 1
00500 (3) Garver No. 0296-3600
• •
furnishing of the Work or which relate to any aspcct of the means, methods, techniques, sequences,
and procedures of construction to the employed by CROSSLAND and safety precautions and
programs incident thereto. CROSSLAND docs not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance and furnishing
of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
6.5. CROSSLAND is aware of the general nature of work to be performed by FAYETTEVILLE
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CROSSLAND has correlated the information known to CROSSLAND, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
6.7. CROSSLAND has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CROSSLAND has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CROSSLAND and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between FAYETTEVILLE and
CROSSLAND concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CROSSLAND prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Sections as listed in Table of Contents herein.
7.8. Addendum number 1 .
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 17, inclusive with each sheet bearing the following general title:
Gregg Avenue Water System Improvements Phase I
Gregg Avenue Waterline Phasc 1
00500 (4) Garver No. 0296-3600
•
•
• •
7.10. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly
notcd otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents
may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article 1 of the General Conditions will have
the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.3. FAYETTEVILLE and CROSSLAND each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid
and binding upon stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
8.5. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. §25-19-10I et. seq.). Only legally authorized photocopying
costs pursuant to the FOIA may be assessed for this compliance.
Gregg Avenue Waterline Phase 1
00500 (5)
Garver No. 0296-3600
•SEP -16-2003 TUE 09: 56 AM CH Co Iambus
09/15/2003 16:55 479-6202 ENGI
FAX NO. 162.92977 P. 07
t antFGa C.O.
FADE 07
IN WITNESS WHEREOF, FAYETtEV1LIZ and CROSSLAND have signed this Agrement in four
(4) cotmterparts. One comnenpatt each has been delivered to FAYEITEVILLE and BNOINE t, and two
counterpart have been delivered to CROSSLAND. All portions of the Contract Documents have been
signed, initiated, or identified by FAYEITEVILLE and CROSSLAND or identified by ENGINEER on
their behalf
This Agreement will be effective on.
OWNER: CitY of FayettevEle
>
2003 (which is the Effective Date of the Agreement).
CONTRACTOR Crossland Heavy Contactors, hie.
BY:
Dan Goody, Mayor 7aPre((dent
[CORPORATE SEAL]
Attest
Address for giving notices.
113 • West Mountain
Favettevi flc.AR_72701
(If OWNER is a public body, attach
evidence of authasity to sign and
resolution or other documents
authorizing execution of Agreement)
Gregg Avenue Waterline Phase I
[CORPORATE SEAL)
Attest
tests‘ • Carp �"c- •
Address for giving notices:
fb Feet 360
53$ SE Ave
(alureus KS
License No. oOtom3CIIO3
Agent for service of process:
(If CONTRACTOR is a corporation, snack
evidence of authority to sign)
00500 (6) Oarver No. 0296-3600
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
eimenwes-Aiee a/
ewe-0"/gas
THIS AGREEMENT is dated as of the 7th day of October in the year 2003 by and between the City
of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Crossland Heavy Contractors, Inc.
(hereinafter called CROSSLAND).
FAYETTEVILLE and CROSSLAND, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CROSSLAND shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Gregg Avenue Waterline Improvements — Phase I
Installation of 18", 12", and 8" PVC water mains along Gregg Avenue from Futrall Drive
north to near the Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes,
taps of various sizes , ductile iron water fittings, water valves, water service lines, water
meters, connections to existing water lines and services, and pavement repairs as necessary.
Article 2. ENGINEER
The Project has been designed by:
Garver Engineers, LLC
3810 Front Street, Suite 10
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE's representative, assume all
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 90 consecutive calendar days after the date
when the Contract Time commences to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraphs 14.07 B & C
of the General Conditions within 120 consecutive calendar days after the date when the Contract
Time commences to run.
Gregg Avenue Waterline Phase 1
00500 (I) Garver No. 0296-3600
• •
If delays in utility relocations by others impede Crossland's progress for major Contract items
and/or items critical to the prosecution of the work within the Contract Time, the Contract Time
will be temporarily suspended or adjusted by the City as appropriate. During such periods, the
Contractor will be allowed to work on minor Contract items, as approved by the City, without
spending Contract Time.
3.2. Liquidated Damages. FAYETTEVILLE and CROSSLAND recognize that time is of the
essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed m
accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not
completed on time. Accordingly, instead of requiring any such proof, FAYETTEVILLE and
CROSSLAND agree that as liquidated damages for delay (but not as a penalty) CROSSLAND shall
pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for substantial completion if CROSSLAND shall neglect, refuse, or fail
to complete the remaining work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by FAYETTEVILLE,
CROSSLAND shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
FAYETTEVILLE agrees to pay, and CROSSLAND agrees to accept, as full and final compensation for all
work done under this agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to be made m lawful
money of the United States at the time and in the manner set forth in the Specifications.
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without
a prior formal contract amendment approved by the Mayor and the City Council in advance of the change
in scope, cost or fees.
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of
Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the
Supplementary Conditions. Prior to Final Completion, progress payments will be made in an
amount equal to the value of completed Work, plus the value of stored materials, less retainage, less
the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may
withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until
such time as 50 percent of the Work has been completed. If 50 percent of the Work has
Gregg Avenue Waterline Phase I 00500 (2) Garver No. 0296-3600
•
been completed, as determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of
the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent
if the character and progress of the Work become unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and
equipment not incorporated in the Work but delivered, suitably stored, insured, and
accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs
14.02.13.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.06 and I4.07.B & C of the General Conditions, FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs
14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CROSSLAND makes the following
representations:
6.1. CROSSLAND has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including "technical data."
6.2. CROSSLAND has visited the site and become familiar with and is satisfied as to the general,
local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.
6.3. CROSSLAND is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. CROSSLAND has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CROSSLAND accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and drawings upon which
CROSSLAND is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CROSSLAND acknowledges that such reports and drawings are not Contract Documents and may
not be complete for CROSSLAND's purposes. CROSSLAND acknowledges that
FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness
of information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the site. CROSSLAND has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or
Gregg Avenue Waterline Phase I
00500 (3) Garver No. 0296-3600
• •
furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to the employed by CROSSLAND and safety precautions and
programs incident thereto. CROSSLAND does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance and furnishing
of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
6.5. CROSSLAND is aware of the general nature of work to be performed by FAYETTEVILLE
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CROSSLAND has correlated the information known to CROSSLAND, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
6 7. CROSSLAND has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CROSSLAND has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CROSSLAND and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between FAYETTEVILLE and
CROSSLAND concerning the Work consist of the following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CROSSLAND prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Sections as listed in Table of Contents herein.
7.8. Addendum number 1
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 17, inclusive with each sheet bearing the following general title:
Gregg Avenue Water System Improvements Phase I
Gregg Avenue Waterline Phase I 00500 (4) Garver No. 0296-3600
7.10. The following which maybe delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents
may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which arc defined in Article I of the General Conditions will have
the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction maybe limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.3. FAYETTEVILLE and CROSSLAND each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid
and binding upon stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
8.5. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying
costs pursuant to the FOIA may be assessed for this compliance.
Gregg Avenue Waterline Phase 1 00500 (5) Garver No. 0296-3600
SEP-16-2003 TUE 09:56 AM CHC CaJumbus FAX N01 16204977 P. 07
09/15/2083 16:55 479-575. 2 ENGINEERING C.O.F. PAGE 87
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635 SE Ave-
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Licoaeallo. ODIo-13OIIO3
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Gregg Avenue Waterline flee I 00500 (6)
• . C'94'aesA% 0,
Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the 7's day of October in the year 2003 by and between the City
of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Crossland Heavy Contractors, Inc.
(hereinafter called CROSSLAND).
FAYETTEVILLE and CROSSLAND, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CROSSLAND shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
Gregg Avenue Waterline Improvements — Phase I
Installation of 18", 12", and 8" PVC water mains along Gregg Avenue from Futrall Drive
north to near the Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes,
taps of various sizes , ductile iron water fittings, water valves, water service lines, water
meters, connections to existing water lines and services, and pavement repairs as necessary.
Article 2. ENGINEER
The Project has been designed by:
Garver Engineers, LLC
3810 Front Street, Suite 10
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEVILLE's representative, assume all
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 90 consecutive calendar days after the date
when the Contract Time commences to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraphs 14.07 B & C
of the General Conditions within 120 consecutive calendar days after the date when the Contract
Time commences to run.
Gregg Avenue Waterline Phase 1 00500 (1) Garver No. 0296-3600
. • H
If delays in utility relocations by others impede Crossland's progress for major Contract items
and/or items critical to the prosecution of the work within the Contract Time, the Contract Time
will be temporarily suspended or adjusted by the City as appropriate. During such periods, the
Contractor will be allowed to work on minor Contract items, as approved by the City, without
spending Contract Time.
3.2. Liquidated Damages. FAYETTEVILLE and CROSSLAND recognize that time is of the
essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not
completed on time. Accordingly, instead of requiring any such proof, FAYETTEVILLE and
CROSSLAND agree that as liquidated damages for delay (but not as a penalty) CROSSLAND shall
pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for substantial completion, if CROSSLAND shall neglect, refuse, or fail
to complete the remaining work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by FAYETTEVILLE,
CROSSLAND shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
FAYETTEVILLE agrees to pay, and CROSSLAND agrees to accept, as full and final compensation for all
work done under this agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to be made in lawful
money of the United States at the time and in the manner set forth in the Specifications.
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without
a prior formal contract amendment approved by the Mayor and the City Council in advance of the change
in scope, cost or fees.
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of
Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the
Supplementary Conditions. Prior to Final Completion, progress payments will be made in an
amount equal to the value of completed Work, plus the value of stored materials, less retainage, less
the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may
withhold, in accordance with paragraphs 14.02.B.5 & 14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until
such time as 50 percent of the Work has been completed. If 50 percent of the Work has
Gregg Avenue Waterline Phase 1 00500 (2) Garver No. 0296-3600
been completed, as determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of
the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent
if the character and progress of the Work become unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and
equipment not incorporated in the Work but delivered, suitably stored, insured, and
accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs
14.02.B.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs
14.07.B & C.
Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CROSSLAND makes the following
representations:
6.1. CROSSLAND has examined and carefully studied the Contract Documents (including the
Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including "technical data."
6.2. CROSSLAND has visited the site and become familiar with and is satisfied as to the general,
local, and site conditions that may affect cost, progress, performance, or furnishing of the Work.
6.3. CROSSLAND is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, performance, and furnishing of the Work.
6.4. CROSSLAND has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CROSSLAND accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and drawings upon which
CROSSLAND is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CROSSLAND acknowledges that such reports and drawings are not Contract Documents and may
not be complete for CROSSLAND's purposes. CROSSLAND acknowledges that
FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness
of information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the site. CROSSLAND has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or
Gregg Avenue Waterline Phase I 00500 (3) Garver No. 0296-3600
furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to the employed by CROSSLAND and safety precautions and
programs incident thereto. CROSSLAND does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance and furnishing
of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
6.5. CROSSLAND is aware of the general nature of work to be performed by FAYETTEVILLE
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CROSSLAND has correlated the information known to CROSSLAND, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
6.7. CROSSLAND has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CROSSLAND has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CROSSLAND and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract
Documents
which comprise the
entire agreement between FAYETTEVILLE and
CROSSLAND
concerning
the Work consist of the
following:
7.1. This Agreement (pages 1 to 6, inclusive).
7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CROSSLAND prior to Notice of Selection (Exhibit D).
7.5. General Conditions (pages 1 to 42, inclusive).
7.6. Supplementary Conditions (pages 1 to 15, inclusive).
7.7. Specifications consisting of Sections as listed in Table of Contents herein.
7.8. Addendum number 1 .
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered 1
through 17, inclusive with each sheet bearing the following general title:
Gregg Avenue Water System Improvements Phase I
Gregg Avenue Waterline Phase I 00500 (4) Garver No. 0296-3600
7.10. The following which maybe delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents listed in paragraphs 7.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article 7. The Contract Documents
may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions.
Article 8. MISCELLANEOUS.
8.1. Terms used in the Agreement which are defined in Article I of the General Conditions will have
the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.3. FAYETTEVILLE and CROSSLAND each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid
and binding upon stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
8.5. Freedom of Information Act. City contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of
Information Act request is presented to the City of Fayetteville, the (contractor) will do everything
possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas
Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying
costs pursuant to the FOIA may be assessed for this compliance.
Gregg Avenue Waterline Phase 1 00500 (5) Garver No. 0296-3600
SEP-16-2003 TUE 09:56 AM CHC Calumbus FAX NO. 16204292077
09/15/2003 16:55 479-575 2 ENGINEERING C.O.F.
P. 87
7•'c�==11
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(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
Gregg Avenue Wsurline Phase 1 00500 (6) Garver No. 0296-3600
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FAYETTEV?LLE
IHI CITY OF FAYITTIVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
To:
Sid Norbash
Engineering Division
From:
Clarice Buffalohead-Pearman
City Clerk Division
Date:
October 30, 2003
Re:
Res. No. 144-03
Attached is an executed copy of the above resolution, approved by the City Council on October 7,
2003, authorizing an agreements with Crossland Heavy Contractors, Inc. for the Gregg Avenue
waterline improvements. I have attached five original contracts signed by the mayor and city
clerk. Also attached is your original purchase requisition.
This resolution
and attachments
will
be recorded
in the
city clerk's office and microfilmed. If
anything else is
needed please let
the
clerk's office
know.
/cbp
attachments
cc: Nancy Smith, Internal Auditor
Barbara Fell, Budget & Research
0 SPECIFICATION*IICR0FILMED
0 AND
CONTRACT DOCUMENTS
EPARED FOR
ROJECT
C
C
I
[1
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I
I
I
PREPARED BY:
GARVER ENGINEERS
Garver Engineers, L.L.C.
3810 Front Street
Suite 10
Fayetteville. Arkansas 72703-5217
479-527-9100
FAX 479-527-9101
I
SPECIFICATIONS MICROFILMED
AND
CONTRACT DOCUMENTS
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
GREGG AVENUE WATERLINE
IMPROVEMENTS - PHASE I
JUNE, 2003
PREPARED BY:
GARVER : ENGINEERS
3810 Front Street
Suite 10
Fayetteville, Arkansas 72703
Phone: (479) 527-9100
Fax: (479) 527-9101
vtiw. can crinccom
[1
II
ITo: All Bidders
I
1
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
GREGG AVENUE WATER SYSTEM IMPROVEMENTS
ADDENDUM NO.1
August 26, 2003
This addendum becomes a part of the "Specifications and Contract Documents". It shall be. stapled (or
otherwise securely fastened) behind the front cover page of the original documents. Proposals may not be
accepted unless this addendum is so included. Replace all original plan sheets and contract documents with
the revised sheets and pages attached to this addendum.
All provisions of the original "Specifications and Contract Documents" shall remain in full force and effect,
except as modified by this Addendum No. I.
CLARIFICATIONS OF THE CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
1. Item No.
SP -06-5.2c in the Unit Price Schedule
is hereby
changed from "16" STEEL ENCASEMENT
PIPE" to"18"
STEEL ENCASEMENT PIPE."
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MODIFICATIONS OR CLARIFICATIONS TO THE PLANS
I. Sheet 3: The 8" branch shown in the profile portion of this plan sheet shall be deleted. This item is
not necessary.
2. Sheet 14: Under the "Encasement Pipe Size" table, the minimum encasement size for 8" water mains
shall be changed from 16" to 18".
3. Sheet 15: Item number 5 under the section titled "Water Line Notes" shall be deleted in its entirety.
4. All references made to 16" steel encasement pipe are hereby changed to I8" steel encasement pipe.
END OF ADDENDUM NO. I
Page 1 of 1
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I hereby certify that the Gregg Avenue Water System Improvements - Phase 11 Plans and
Specifications were prepared by me or under my direct supervision, and that I am duly Licensed
Engineer under the laws of the State of Arkansas.
(Seal)
AHAS '�
IS9 Usooat
•vote
N Date: C v3 D
I
' CERTIFICATE OF AUTHORIZATION BY GARVER ENGINEERS, INC.
PZE 111111111
�P CF OG
•
• AZ :' GARVER ':v?
:ENGINEERSE6E
LLC Z=
p••No. 766-9*�e
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
GREGG AVENUE WATER SYSTEM IMPROVEMENTS
PHASE I
SPECIFICATIONS AND
CONTRACT DOCUMENTS
I hereby certify that the Gregg Avenue Water System Improvements - Phase II Plans and
Specifications were prepared by me or under my direct supervision, and that I am duly Licensed
Engineer under the laws of the State of Arkansas.
(Seal)
ATEQyt3'
ARAS
REGISTERED
PROFESSIONAL
i ) _ No. 10948 _>r e
Name:
Date: 6 O
' SECTION 00005
' TABLE OF CONTENTS
GREGG AVENUE WATERLINE IMPROVEMENTS PHASE I
SECTION NO. TITLE PAGES
00005 TABLE OF CONTENTS...............................................................00005-I
00020 ADVERTISEMENT FOR BIDS ....................................................00020-1
' BIDDING REQUIREMENTS
00100 INSTRUCTIONS TO BIDDERS...................................................00100-I TO 00100-10
00300 BID FORM.....................................................................................00300-1 TO 00300-6
00350 BID BOND.....................................................................................00350-1 TO 00350-2
NOTICE OF SELECTION.............................................................00350-3
' CONTRACT FORMS AND CONDITIONS
00500 AGREEMENT FORM BETWEEN OWNER
& CONTRACTOR.........................................................................00500-1 TO 00500-6
' CONSTRUCTION PERFORMANCE BOND -EXHIBIT A .........00500-7
CONSTRUCTION PAYMENT BOND - EXHIBIT B ..................00500-8
CERTIFICATES OF INSURANCE - EXHIBIT C ........................00500-9
' NOTICE TO PROCEED................................................................00500-10
00700 GENERAL CONDITIONS............................................................ I TO 42
00800 SUPPLEMENTARY CONDITIONS.............................................00800-1 TO 00800-17
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SPECIFICATIONS
DIVISION 1 - GENERAL REOUIREMENTS
01010
SUMMARY OF WORK .......................................................
01025
MEASUREMENT AND PAYMENT ...................................
01035
MODIFICATION PROCEDURE .........................................
01040
COORDINATION AND MEETINGS ..................................
01051
CONSTRUCTION SURVEYS .............................................
01060
REGULATORY REQUIREMENTS ....................................
01090
REFERENCE STANDARDS AND ABBREVIATIONS .....
01300
SUBMITTALS......................................................................
01410
TESTING LABORATORY SERVICES ..............................
01500
CONSTRUCTION FACILITIES & TEMPORARY ...........
CONTROLS
01620
STORAGE AND PROTECTION .........................................
01630
PRODUCT OPTIONS AND SUBSTITUTIONS .................
01700
CONTRACT CLOSEOUT ....................................................
Gregg Avenue Waterline Phase I 00005(I)
01010-I
01025-1
01035-1
01040-1
01051-1
01060-1
01090-I
01300-1
01410-1
01500-1
TO 01010-3
TO 01025-3
TO 01035-3
TO 01040A
TO 01051-2
TO 01060-3
TO 01090-3
TO 01300-4
TO 01410-3
TO 01500-5
......01620-1 TO 01620-2
......01630-1 TO 01630-2
...... 01700-1 TO 01700-5
Garver No. 0296-3600
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' DIVISION 2 -TECHNICAL SPECIFICATIONS
' TITLE PAGE
Special Provisions
'Sp -1 AHTD SPECIFICATIONS SP -l-1
SP -2 WATERLINES SP -2-1
SP -3 TAPPING SLEEVES & VALVES FOR CONCRETE SP -3-1
WATER MAINS
SP -4 AUTOMATIC AIR RELEASE VALVE SPA -1
SP -5 TEMPORARY LINE STOPS SP -5-1
1 Earthwork
SECTION E -I SITE PREPARATION E -1-I
SECTION E-4 TRENCH AND EXCAVATION SAFETY SYSTEMS E -4-1
' Incidental Construction
SECTION I -I MAINTENANCE OF TRAFFIC 1-1-1
' SECTION 1-10 FENCES 1-10-1
SECTION 1-16 SIDEWALKS AND STEPS 1-16-I
SECTION 1-17 CURB AND GUTTER 1-17-1
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Gregg Avenue Waterline Phase 1 00005 (2) Garver No. 0296-3600
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Section 00020
' ADVERTISEMENT FOR BIDS
BID NO. 0303=31
' Notice is given hereby that, pursuant to an order of the City Council of the City of Fayetteville, Arkansas, sealed bids will be
received at Room 306. City Hall, 113 West Mountain Street, Fayetteville, Arkansas, until 2:00 P.M. (local time) on August
29, 2003, for furnishing all tools, materials, and labor and performing the necessary work for the Gregg Avenue Waterline
Improvements — Phase I Project in Fayetteville, Arkansas. At this time and place, all bids received will be publicly opened and
' read aloud. A pre -bid meeting will be held for this project on Wednesday, August 20, 2003, at 9:00 A.M., at the offices of
Garver Engineers, 3810 Front Street, Suite 10, Fayetteville, Arkansas. 72703. Each plan holder (potential bidder who has
purchased plans, specifications, and contract documents) will be sent a second notification regarding the time and location of
this meeting. Acknowledgement of this notification will be required. A potential bidder's representative must be present at
' this pre -bid meeting in order for his/her bid to be considered eligible at the time bids are submitted. Ifa bid is submitted from
a Contractor who was not present at the pre -bid conference, his/her bid will not he accepted and will be considered non-
responsive and will not be read aloud. It is recommended, but not mandatory, that sub -contractors be present at the pre -bid
conference.
The work generally consists of:
Installation of I8", 12", and 8" PVC water mains along Gregg Avenue from Futrall Drive north to nearthe
' Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes, taps of various sizes, ductile iron
water fittings, water valves, water service lines, water meters, connections to existing water lines and
services, and pavement repairs as necessary.
Drawings, Specifications, and other Construction Contract Documents (Bidding Documents) are on file and maybe examined
at the office of the Engineering Department, City of Fayetteville, and at the office of Garver Engineers.
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Bidding Documents can be purchased from Garver Engineers at:
Garver Engineers Phone: 479-527-9100
3810 Front Street, Suite 10 Fax: 479-527-9101
Fayetteville, AR 72703
The cost of the Bid Documents is $75.00. Partial Plan sets will not be sold. This amount shall be made payable to Garver
Engineers and is non-refundable. The bidders shall make such inspection and studies of the site of the work as to familiarize
themselves with all conditions to be encountered. Bid security, as defined in the Instructions To Bidders, in the amount of 5
percent of the Bid must accompany the Bid.
The successful Bidder will be required to furnish a Performance Bond and a Payment Bond as security for the faithful
performance and the payment of all bills and obligations arising from the performance of the Work.
No Bids may be withdrawn within a period of 60 days after the date fixed for opening Bids.
Bidders must be licensed under the terms of Act 150, Arkansas Acts of 1965, as amended.
The City of Fayetteville hereby notifies all bidders that this contract is subject to applicable labor laws, non- discrimination
provisions, wage rate laws, and other federal laws including the Fair Labor Standards Acts of 1938. The Work Hours Act of
1962 and Title VI of the Civil Rights Act of 1964 also apply. Pursuant to Ark. Code Annotated 22-9-203, the City of
Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods,
services, and construction. Also, the City of Fayetteville encourages all general contractors to subcontract portions of their
contract to qualified small, minority, and women business enterprises.
The City Council reserves the right to reject any or all bids, to waive irregularities in the Bids and bidding deemed to be in the
best interests of the City Council, and to reject nonconforming, nonresponsive, or conditional Bids.
Peggy Vice, Purchasing Officer
Gregg Avenue Waterline Phase I 00020(l)
Garver No. 0296-3600
Section 00100
IINSTRUCTIONS TO BIDDERS
II DEFINED TERMS
1.1 Terms used in these Instructions to Bidders which are defined in the General Conditions have the
meanings assigned to them in the General Conditions. Certain additional terms used in these
Instructions to Bidders have the meanings indicated below which are applicable to both the
singular and plural thereof.
1.2 Bidder - one who submits a Bid directly to Owner as distinct from a sub -bidder, who submits a
bid to a Bidder.
1.3 Issuing Office - the office from which the Bidding Documents arc to be issued and where the
' bidding procedures are to be administered.
1.4 Successful Bidder - the lowest, responsible, and responsive Bidder to whom Owner (on the basis
of Owner's evaluation as hereinafter provided) makes an award.
1.5 Pre -Bid Meeting — a meeting between the plan holders, the Engineer, and the City prior to the
submission of the bids.
2 COPIES OF BIDDING DOCUMENTS
' 2. I Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in
the Advertisement for Bids may be obtained from the Issuing Office.
' 2.2 Complete sets of Bidding Documents must be used in preparing Bids. Neither Owner nor
Engineer assume any responsibility for errors or misinterpretations resulting from the use of
'incomplete sets of Bidding Documents.
' 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so
only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any
other use.
' 3 EXAMINATION OF SITE AND CONTRACT DOCUMENTS
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3.1 Bidders are advised that the Drawings and Specifications are on file at the City of Fayetteville
Engineering Department, and shall constitute all of the information which the Owner shall
furnish. No other information given or sounding made by the Owner or any official thereof, prior
to the execution of said contract, shall ever become a part of, or change, the contract drawings,
specifications and estimates, or be binding on Owner.
Gregg Avenue Waterline Phase I 00100(I) Garver No. 0296-3600
Prior to submitting any Bid, Bidders arc required to: read carefully the Specifications, contract,
and Bonds; examine carefully all Drawings; visit the site of the Work to carefully examine local
' conditions; inform themselves by their independent research and sounding of the difficulties to be
encountered, and all attending circumstances affecting the cost of doing the work, and the time
specified for its completion; and obtain all information required to make an intelligent bid.
' 3.2 Bidders shall rely exclusively upon their surveys, estimates, investigations, and other things
which are necessary for full and complete information upon which the bid may be made and for
which a contract is to be awarded. The Bid Form, providing for unit and lump sum prices bid by
the Contractor, contains a statement that all bids are made with the full knowledge of the
' difficulties and conditions that may be encountered, the kind, quality and quantity of the plans,
work to be done, excavation, and materials required and with full knowledge of the drawings,
profiles. specifications, and estimates and all provisions of the contract and Bonds.
' 3.3 Bidders shall promptly notify Engineer of all conflicts, errors, ambiguities, or discrepancies which
Bidder has discovered in or between the Contract Documents and such other related documents.
3.4 Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based upon information and data furnished
Ito Owner and Engineer by owners of such Underground Facilities or others, and Owner and
Engineer do not assume responsibility for the accuracy or completeness thereof unless it is
expressly provided otherwise in the Supplementary Conditions.
1 3.5 On request, Owner will provide each Bidder access to the site to conduct such examinations,
investigations, explorations, tests, and studies as each Bidder deems necessary for submission ofa
' Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon
completion of such explorations, investigations, tests, and studies.
' 3.6 Reference is made to the General Requirements for the identification of the general nature of
work that is to be performed at the site by Owner or others (such as utilities and other prime
contractors) that relates to the work for which a Bid is to be submitted. On request, and as
'
available, Owner will provide to each Bidder, for examination, access to or copies of Contract
Documents (other than portions thereof related to price) for such work.
' 3.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder
has complied with every requirement of this Article 3, that without exception the Bid is premised
' upon performing and furnishing the Work required by the Contract Documents and applying the
specific means, methods, techniques, sequences, or procedures of construction (if any) that may
be shown or indicated or expressly required by the Contract Documents, that Bidder has given
' Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has
discovered in the Contract Documents and that the written resolutions thereof by Engineer are
acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performing and furnishing the Work.
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' Gregg Avenue Waterline Phase I 00100 (2)
Garver No. 0296-3600
3.8 A pre -bid meeting will be held for this project on Wednesday, August 20, 2003, at 9:00 A.M., at
the offices of Garver Engineers, 3810 Front Street, Suite 10, Fayetteville, Arkansas, 72703. Each
' plan holder (potential bidder who has purchased plans, specifications, and contract documents)
will be sent a second notification regarding the time and location of this meeting.
Acknowledgement of this notification will be required. A potential bidder's representative must
' be present at this pre -bid meeting in order for his/her bid to be considered eligible at the time bids
are submitted. If a bid is submitted from a Contractor who was not present at the pre -bid
conference, his/her bid will not be accepted and will be considered non -responsive and will not be
'
read aloud. It is recommended, but not mandatory, that sub -contractors be present at the pre -bid
conference.
' 4 AVAILABILITY OF LANDS FOR WORK AND WORK BY OTHERS
' 4.1 The lands upon which the Work is to be performed, rights -of -way and easements for access
thereto and other lands designated for use by Contractor in performing the Work are identified in
the Contract Documents. All additional lands and access thereto required for temporary
' construction facilities, construction equipment, or storage of materials and equipment to be
incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid for by Owner
unless otherwise provided in the Contract Documents.
5 INTERPRETATION OF CONTRACT DOCUMENTS AND ADDENDA
5.1 If any person contemplating submitting a bid for construction of the Work is in doubt as to the
true meaning of any part of the proposed Contract Documents or finds discrepancies in or
' omissions from any pan of the proposed Contract Documents, he should submit a written request
for interpretation thereof to the Engineer not later than seven days before the date set for bid
opening. The person submitting the request shall be responsible for its prompt delivery.
5.2 Interpretation or correction of proposed Contract Documents will be made only by Addendum to
' all holders of Bidding Documents. Only questions answered by formal written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect. Owner will
not be responsible for any other explanations or interpretations of the proposed Contract
' Documents.
5.3 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or
' Engineer.
6 APPROXIMATE ESTIMATE OF QUANTITIES
' 6.1 Engineer's estimate of quantities, on file at the City Engineer's office, is approximate only and
shall be the basis for receiving unit price bids for each item but shall not be considered by Bidders
' as actual quantities that may be required for the completion of the proposed work. However, such
quantities, at the unit and lump sum prices bid for each item, shall determine the amount of each
Gregg Avenue Waterline Phase I 00100 (3) Garver No. 0296-3600
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bid for comparison of Bids and aid in determining the low and responsive Bidder for the purpose
of awarding the contract, and will be used as basis for fixing the amount of the required Bonds.
UNIT PRICES
Bidders must state a price for each item of work named in the Bid Form. Unit and Lump Sum
prices shall include amounts sufficient for the furnishing of all labor, materials, tools, equipment,
and apparatus of every description to construct, erect, and finish completely all of the work as
called for in the Specifications or indicated on the Drawings.
7.2 Prices bid on the various items in the Bid Form shall bear a fair relationship to the cost of the
work to be done. Bids which appear unbalanced and are deemed not to be in the best interest of
Owner may be rejected at the discretion of Owner.
7.3 By submission of a Bid, Bidder represents that Bidder has considered the entire Project and the
Work required, and has reviewed the Drawings and Specifications to verify the full scope of the
Work.
BID FORM
8.1 Bids are due as indicated in the Advertisement For Bids.
8.2 Bids must be made out in ink on the Bid Form included in these Bidding Documents. Bid Form
shall not be removed from the bound Project Manual, nor shall bids be submitted on a
photocopy of the Bid Form. The unit price or lump sum bid for each item must be stated in
figures in the appropriate blank spaces provided on the Bid Form. The figures must be
clear and distinctly legible so that no question can arise as to their intent and meaning.
Discrepancies between the multiplication of units of Work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the indicated sum of any column of figures and
the correct sum thereof will be resolved in favor of the correct sum.
8.3 Bids which are incomplete, unbalanced, conditional, or obscure or which contain additions not
called for, erasures, alterations, or irregularities of any kind or which do not comply with these
Instructions to Bidders may be rejected as informal or non -responsive at the option of Owner.
However, Owner reserves the right to waive technicalities as to changes, alterations, or revisions
and to make the award in the best interest of Owner.
8.4 Address bids to Owner, and deliver to the address given in the Advertisement For Bids on or
before the day and hour set for opening the bids. Enclose the completed Bid Form and Project
Manual (Specifications and Contract Documents) in a sealed envelope bearing the title of the
project, the name of the Bidder, Bidder's Arkansas Contractor's License number, and the date and
hour of the bid opening. If this sealed envelope is delivered by a public carrier, it must be
contained in another envelope addressed to Owner and the attention of the project name. It is the
sole responsibility of Bidder to see that the Bid is received on time.
IGregg Avenue Waterline Phase I
00100 (4)
Garver No. 0296-3600
8.5 No Bidder shall divulge the information in the Bid to any person whomsoever, except those
having a partnership or other financial interest with him in the Bid, until after the bids have been
' opened.
' 9 SIGNATURE ON BIDS
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9.1 If the Bid is made by an individual, the firm name must be given, and the Bid Form signed by the
individual or a duly authorized agent. If the Bid is made by a partnership, the firm name and the
names of each member must be given, and the Bid signed by a member of the partnership, or a
person duly authorized. If the Bid is made by a company or corporation, the company or
corporate name must be given and the Bid signed by an officer or agent duly authorized.. The
corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation must be shown below the signature.
9.2 All names must be typed or printed in black ink below the signature.
' 9.3 The address and telephone number for communications regarding the Bid must be shown.
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9.4 Powers of attorney, properly certified, for agents and others to sign Bids must be in writing and
filed with Owner.
9.5 The Bid shall also contain a signed acknowledgment of receipt of all Addenda.
10 BID SECURITY
10.1 Bid security, in the form of a bid bond, certified check, or similar financial instrument, in the
amount stated in the Advertisement For Bids, must accompany each bid. Bid bonds for the
difference in price between low bidder and second low bidder will not be acceptable. The
Successful Bidder's security will be retained until Owner receives a signed Agreement and
required Bonds and Certificates of Insurance. If the Successful Bidder fails to execute and deliver
the Agreement and furnish the required contract security within fifteen days after the Notice of
Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be
forfeited.
10.2 The Owner reserves the right to retain the security of the three low bidders until the Successful
Bidder enters into the Contract or until 60 days after bid opening, whichever is sooner. Cash
equivalent security of the second and third low bidder may be exchanged for an equivalent bid
bond after bid tabulations are complete or 30 days after bid opening, whichever is sooner. If any
Bidder refuses to enter into an Agreement, Owner may retain Bidder's bid security as liquidated
damages but not as a penalty.
11 PERFORMANCE BOND AND PAYMENT BOND
Gregg Avenue Waterline Phase 1 00100 (5) Garver No. 0296-3600
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II.! Prior to
signing the
Agreement, Contractor
shall
furnish a surety performance Bond and a
payment
Bond, equal
to one hundred percent
of the
contract price.
11.2 Contractor is to pay all expense in connection with the obtaining of said Bonds. The Bonds shall
be conditioned that Contractor shall faithfully perform the contract and shall pay all indebtedness
for labor and materials furnished or performed in the construction of such alterations and
additions as prescribed in this contract.
11.3 The surety company issuing the Bonds must be a solvent company on the "Surety Companies
Annual List" issued by the U.S. Department of the Treasury, and the Bonds are not to be issued in
an amount greater than the underwriting limitations for the surety company as set out therein.
11.4 In Arkansas, prevailing law requires that performance and payment Bonds on public works
contracts shall be executed by a resident local agent who is licensed by the Insurance
Commissioner to represent the surety company executing said Bonds and filing with such Bonds
his Power of Attorney as his authority. The mere countersigning of the Bonds will not be
sufficient.
11.5 The date of the Bonds and date of the Power of Attorney shall be left blank. The Owner will fill
in the dates upon execution of the contract. At least six originals of the Bonds shall be furnished,
each with Power of Attorney attached.
' 11.6 Bonds are to be approved by Owner. If any Bonds contracted for become unsatisfactory or
unacceptable to Owner after the acceptance and approval thereof, Contractor, upon being notified
to that effect, shall promptly execute and furnish acceptable Bonds in the amounts herein
specified. Upon presentation of acceptable Bonds, the unsatisfactory Bonds maybe canceled at
the discretion of Contractor.
12 CONTRACT TIME
12.1 The number of days within which, or the dates by which the Work is to be substantially
'
completed and also completed and ready for final payment is outlined in the Bid Form.
' 13 LIQUIDATED DAMAGES
13.1 Provisions for liquidated damages, if any, are set forth in the Bid Form.
' 14 SUBCONTRACTORS SUPPLIERS AND OTHERS
14.1 Contractor shall not assign or sublet all or any part of this contract without the prior written
approval of Owner nor shall Contractor allow such subcontractor to commence work until
approval of workman's compensation insurance and public liability insurance as may be required.
Approval of each subcontract by Owner will in no manner release Contractor from any
obligations as set out in the Drawings, Specifications, contract, and Bonds.
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' Gregg Avenue Waterline Phase 1 00100 (6)
Garver No. 0296-3600
15 SUBSTITUTE AND "OR EQUAL" ITEMS
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15.1 The contract, if awarded, will be on the basis of materials and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or "or -
equal" items. However, a substitute or "or -equal" item of material or equipment maybe furnished
or used by Contractor if acceptable to Engineer. Application for such acceptance will not be
considered by Engineer until after the Effective Date of the Agreement. The procedure for
submission of any such application by Contractor and consideration by Engineer is set forth in the
General Conditions and may be supplemented in the General Requirements.
16 COMPLIANCE WITH STATE LICENSING LAW
16.1 Contractors must be licensed in accordance with the requirements of Act 150, Arkansas Acts of
1965, the "Arkansas State Licensing Law for Contractors". Bidders who submit Bids in excess of
S20,000 must submit evidence of their having a contractor's license before their Bids will be
considered, and shall note their license number on the outside of the envelope containing the Bid
Form and on the Bid Form.
17 QUALIFICATIONS AND RESPONSIBILITY OF BIDDERS
17.1 To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit
within five days after bid opening, upon Owner's or Engineers's request, detailed written evidence
such as financial data, present commitments, and other such data as may be called for. Each Bid
must contain evidence of Bidder's qualification to do business in the State of Arkansas.
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18 DISQUALIFICATIONS OF BIDDERS
18.1 Any one or more of the following may be considered as sufficient for the disqualification of
'bidders and the rejection of Bids.
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18.2 More than one Bid Form for the same work from an individual, firm, partnership, or corporation
under the same or different names.
18.3 Evidence of collusion among bidders. Participants in such collusion may receive no recognition
as bidders for any future work.
18.4 Unbalanced Bid Forms in which the prices for some items are out of proportion to the prices for
other items, or changes written in, or amendments by letter, or failure to submit a unit price for
each item of work for which a bid price is required by the Bid Form, or failure to include all
required contract documents.
18.5 Lack of competency as revealed by the financial statement, experience, plant, and equipment
statements submitted. Lack of responsibility as shown by past work judged from the standpoint
of workmanship and progress.
' Gregg Avenue Waterline Phase 1 00100 (7) Garver No. 0296-3600
18.6 A bid by an unlicensed contractor bidding under a licensed contractor's name.
I18.7 Uncompleted work which, in the judgement of Owner, might hinder or prevent the prompt
completion of additional work if awarded.
18.8 Being in arrears on existing contracts, in litigation with Owner, or having defaulted on a previous
contract.
' 19 OPENING OF BIDS
19.1 Bids will be opened and read aloud publicly at the place where Bids are to be submitted in a room
to be designated by Owner the day of the bid opening. An abstract of the amounts of the base Bids
and major alternates (if any) will be made available to Bidders after the opening of Bids.
20 CONSIDERATION OF BIDS
' 20.1 After the bids are opened and read, the quantities will be extended and totaled in accordance with
the bid prices of the accepted Bids. This review of the Bids will confirm the low bidder.
' 20.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids
comply with the prescribed requirements, and such alternates, unit prices, and other data as may
be requested in the Bid Form or prior to the Notice of Award.
20.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other
persons and organizations proposed for those portions of the Work as to which the identity of
' Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in
the Supplementary Conditions. Owner also may consider the operating costs, maintenance
requirements, performance data, and guarantees of major items of materials and equipment
' proposed for incorporation in the Work when such data is required to be submitted prior to the
Notice of Selection.
' 21 RIGHT TO REJECT BIDS
21.1 Owner reserves the right to reject any and all Bids, to waive technicalities, and to advertise for
new bids. All Bids are subject to this reservation. Owner reserves to itself the right to decide
which shall be deemed the lowest responsive and responsible Bid. Due consideration will be
' given to the reputation, financial ability, experience and equipment of the Bidder.
21.2 Owner also reserves the right to waive informalities not involving price, time or changes in the
' Work and to negotiate contract terms with the Successful Bidder.
22 AWARDING OF CONTRACT
22.1 Owner reserves the right to withhold the awarding of a contract a reasonable period of time from
the date of opening bids, not to exceed 60 days except with the consent of the Successful Bidder.
Gregg Avenue Waterline Phase 1 00100 (8) Garver No. 0296-3600
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The awarding of a contract upon a successful Bid shall give the Bidder no right to action or claim
against Owner upon the contract until the contract is reduced to writing and signed by the
contracting parties. The letting of a contract shall not be complete until the contract is executed
and the necessary Bonds approved.
' 23 RETAINAGE
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23.1 Provisions concerning retainage and Contractor's rights to deposit securities in lieu of retainage
are set forth in the Agreement.
24 SIGNING OF AGREEMENT
24.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the
number of unsigned counterparts of the Agreement as indicated in the Supplementary Conditions,
with all other written Contract Documents attached. Within ten (10) days thereafter, Contractor
shall sign and deliver the required number of counterparts of the Agreement and attached
documents to Owner with the required Bonds & Certificate of Insurance. Within ten (10) days
thereafter Owner shall deliver one fully signed counterpart to Contractor.
' 25 MATERIALS GUARANTY
25.1 Before any contract is awarded Bidder may be required to furnish a complete statement of the
origin, composition, or manufacture of any or all materials proposed to be used in the construction
of the Work, together with samples, which may be subjected to tests provided for in the
Specifications to determine their quality and fitness for the Work.
' 26 FAMILIARITY WITH LAWS
26.1 Bidder is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations
which in any manner affect those engaged or employed in the Work, or the materials or
equipment used, or that in any way affect the Work and shall in all respects comply with said
laws, ordinances, and regulations. No claim of misunderstanding or ignorance on the pan of
Contractor will in any way serve to modify the provisions of the contract. No representations
' shall be binding unless embodied in the Contract.
27 ADDITIONAL LAWS AND REGULATIONS
Bidders' attention is called to the following laws and regulations which may have an impact on
the Work and on the preparation of the Bid.
27.1 Arkansas Department of Health Regulations and Requirements
27.3 Arkansas Act 291 of 1993, dealing with excavation safety, signed into law on March I, 1993.
End of Instructions to Bidders
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Gregg Avenue Waterline Phase I 00100 (9) Garver No. 0296-3600
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Section 00300
BID FORM
I. Contract 0303=31
Gregg Avenue Waterline Improvements Phase I
Fayetteville, Arkansas
Bid of Gc&S\U&rereinafter called "Bidder"), a corporation, organized and
existing under the laws of the tate of , or a partnership, or an individual doing
business as
To: City of Fayetteville, (hereinafter called "Fayetteville"):
' The Bidder, in compliance with the Fayetteville's Advertisement For Bids on August 8, 2003, and August
15, 2003, and having examined the drawings and specifications with related documents and the site of the
proposed work, and being familiar with all of the conditions surrounding the construction of the proposed
project including normal inclement weather conditions and the availability of materials, and labor, hereby
' ( proposes to furnish all labor, materials, and equipment to construct the project in accordance with the
Contract Documents, within the time set forth therein, and at the prices stated below. These prices are to
cover all expenses incurred in performing the work required under the Contract Documents. The costs of
' miscellaneous material items not listed below that are required for a complete job shall be included in the
prices below and shall not be a cause for an extra.
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Bidder hereby agrees to commence work under this contract on or before a date to be agreed upon by the
Contractor and the Owner and to substantially complete the project within 90 consecutive calendar days,
and to fully complete the project within 120 consecutive calendar days after that agreed date as stipulated
in the General Conditions.
Bidder acknowledges receipt of the following addendum
Addendum No. Subject
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Gregg Avenue Waterline Phase 1 00300 (I)
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Garver No. 0296-3600
CITY OF FAYETTEVILLE
' GREGG STREET WATER SYSTEM IMPROVEMENTS
PHASE I
UNIT PRICE SCHEDULE
ESTIMATED
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
SP -02-5.1a 18" PVC C-905 DR -18 WATERLINE L.F. 2.325 119 0Q0 ,D0
SP -02-5.16 12" PVC C-900 DR -14 WATERLINE L.F. 1,640' ,30 S9 S3a,G0
SP -02-5.1c 8" PVC C-900 DR -I4 WATERLINE L.F. 980 33.00 3 an3 y0, 00
SP-O2-5.Id DUCTILETTINGS IRON MECHANICAL JOINT WATERLINE LBS. 6,990'' y, 06 d / 960.00
FI
SP-O2-5.Ic 8"X8" TAPPING SLEEVE, VALVE AND VALVE BOX EA. 3 ✓ O2 84.00 18'10.00
SP -O2-5.1 f 6"X6" TAPPING SLEEVE, VALVE AND VALVE BOX EA. 2 - oco., 00 WC0o. 00
SP -O2-5.18 18" BUTTERFLY VALVE AND VALVE BOX EA. 6 / '1850.00 a ga 80. oo
SP-02-5.Ih 12" BUTTERFLY VALVE AND VALVE BOX EA. 4 ✓ 000 00 1/coo, Co
SP-02-5.Ii 8"GATE VALVE AND VALVE BOX F -A. 8' 6y. e0 r)ri 1.1.00
SP-02-5.Ij FIRE HYDRANT ASSEMBLY EA. I1 ✓ _Z'/90.o0 2
SP-O2-5.Ik CUT AND CAP EXISTING 8" WATER MAIN EA. I 1 ✓ 2 ')1. 00
SP -O2-5.11 CUT AND CAP EXISTING 6" WATER MAIN EA. 6 ✓ Z.26.oa l,3 $6 . 00
2" SERVICE LINE (INCLUDES 2" SERVICE SADDLE, Y
SP -02-5.1m BALL VALVE, 2" SERVICE LINE, AND RECONNECTION EA. 2/
TO THE EXISTING "HOUSE" SERVICE LINE) 9 S. 06 3') 90.00
SP-02-5.In SINGLE WATER METER SETTING EA. 2 ✓ O, 00 I' 80.00
SP -02.5.10 CONNECT EXISTING WATER SERVICE LINE TO NEW WATER MEA 2AIN 3≤b.00 700.00
t_/�SP-O2-5.lp PERMANENT PAVEMENT REPAIR S.Y. 465 44.00 d0y/�.0 ,00
SP -02-5.1q CLASS 7 BACKFILL AT STREET CROSSINGS TN. 565 ✓ L. y0 '.3 61& ,00
REMOVE TDELIVER TO
SP-02-S.Ir CITYOF FAYETTEVILLE WATER & SEWER DEPT.EA. 5 110,60 9 50. 00
SP -03-5.1a 36"x18"TAPPING SLEEVE EA. I '✓ /40.00 8%00,00
✓ SP -03-5.16 36"xl2'TAPPINGSLEEVE EA. I ✓ cb00,00 S(,00.00
SP -03-5.1c 18" TAPPING VALVE EA. 1 / /2.260,00 Ja,200.00
JSP-03-5.Id 12" TAPPING VALVE ✓EA. I ✓ /40o.00 -f q2 00,00
✓SP -04-5.1a T AIR RELEASE VALVE EA. 2 '/ 00.00 300, 00
✓SP-05-5.la 12"TEMPORARY LINE STOP EA. I / 000, 0p '1 1400, 00
SP -06-5.2a 24" BORED STEEL ENCASEMENT PIPE L.F. 375 ✓ .00 1 c8.50, 00
SP -06-5.2b 6" STEEL ENCASEMENT PIPE L.F. 115 / 31.00 2y4r.6o
Gregg Avenue Water Line Phase I 00300 (2) Garver No. 0296-3600
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CITY OF FAYE1T EVII.I.E
GREGG STREET WATER SYSTEM IMPR0VEM1EN'TS
PHASE I
UNIT PRICE SCHEDULE
ESTIMATED
ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
SP -06-5.2c 16STEEL ENCASEMENT PIPE L.F. 385 Soo 222 ?s o0
sp-06.5.2d 24' STEEL ENCASEMENT PIPE 1- F. 130" 1,O0 I3 O00.Op
SP -06-5.2e 32' STEEL ENCASEMENT PIPE L.F. 565 / )y(.O0 )9 ii 6scO
E -1-3.1a SITE PREPARATION L.S. I '� I 0 y0.00 19 0 WG.00
' E-4•5.Ia TRENCH AND EXCAVATION SAFETY SYSTEM L.S. I SNO0.00 SV0C.00
I-I.5.la MAINTENANCE OF TRAFFIC L.S. I 9 Or0o oi0QS0.00
I.10.4,1a BARBED WIRE FENCE L.F. 210 ✓ .00 a 9 90.00
1-10.4.16 6' CHAINLINK FENCE L.F. 50 ' .39.00 % 9 D0.00
1-16-5.1a CONCRETE SIDEWALK S.1. 30" JDC%.O0 38loaa0
1-17-5.1 a CONCRETE CURB AND GUTTER L.F. 190 ai.00 3a 30 r 00
TOTAL BID FOR GREGG AVENUE WATER LINE CONSTRUCTION PHASE 1 6 93 %6.1.Oo
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IGregg Avenue Water Line Phase I 00300 (3) Garver No. 0296-3600
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' The Bidder shall state the Unit Price and the Total Price Bid (written in ink or typed) for each pay item,
and the total amount bid. In case of conflict between figures, the Unit Prices, unless obviously incorrect,
shall govern.
Bidder understands that Fayetteville reserves the right to award the total project, or to reject any or all bids
and to waive any formalities in the bidding.
Bidder agrees that this Bid shall be good and will not be withdrawn for a period of 60 calendar days•after the
scheduled closing time for receiving bids.
Respectfully submitted,
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Gregg Avenue Waterline Phase 1 00300 (4)
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C�1� t co��a5 (c�u za -l4 LO
City State
Arkansas State Contractor's License Number
End of Section 00300 - Bid Form
Garver No. 0296-3600
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Section 00350
STATE OF ARKANSAS
KNOW ALL MEN BY THESE PRESENTS, that we:
Principal and Contractor, and
I. hereinafter called Surety, arc held and firmly bound unto the City of Fayetteville, Arkansas and
represented by its Mayor and City Council, hereinafter called Fayetteville, in the sum of
DOLLARS ($
lawful money of the United States of America, for the payment of which well and truly to be made,
we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,
by these presents.
WHEREAS, the Principal contemplates submitting or has submitted a bid to Fayetteville for the
furnishing of all labor, materials (except those to be specifically furnished by Fayetteville),
I equipment, machinery, tools, apparatus, means of transportation for, and the performance of the
work covered in the Bid and the detailed Drawings and Specifications, entitled:
Gregg Avenue Waterline Improvements - Phase I
City of Fayetteville, Arkansas
' WHEREAS, it was a condition precedent to the submission of said bid that a cashier's check,
certified check, or bid bond in the amount of 5 percent of the base bid be submitted with said bid as a
guarantee that the Bidder would, if awarded the Contract, enter into a written Contract with
Fayetteville for the performance of said Contract within 15 consecutive calendar days after written
notice having been given of the award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within 15
consecutive calendar days after written notice of such acceptance enters into a written Contract with
Fayetteville and furnishes a Contract Surety Bond in an amount equal to 100 percent of the base bid,
satisfactory to Fayetteville, then this obligation shall be void; otherwise the sum herein stated shall
be due and payable to Fayetteville and the Surety herein agrees to pay said sum immediately upon
demand of Fayetteville in good and lawful money of the United States of America, as liquidated
damages for failure thereof of said Principal.
Gregg Avenue Waterline Phase I 00350(I) Garver No. 0296-3600
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' IN WITNESS WHEREOF, the said , as Principal herein, has
caused these presents to be signed in its name by its and
attested by its under its corporate seal, and the said
as Surety herein, has caused
these presents to be signed in its name by its
under its corporate seal, this day of A.D., 20_.
Signed, sealed and delivered
in the presence of: Principal -Contractor
By
As to Principal Title
Surety
Attorney -in -Fact (Power -of -Attorney
to be Attached)
By
• As to Surety Resident Agent
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Gregg Avenue Waterline Phase 1 00350 (2) Garver No. 0296-3600
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I TO:
NOTICE OF SELECTION •
PROJECT DESCRIPTION: Gregg Avenue Waterline Improvements — Phase I
Fayetteville has considered the BID submitted by you for the above described WORK in
response to its Advertisement for Bids dated August 8, 2003, and August 15, 2003, and Instructions
to Bidders.
iYou are hereby notified that your BID has been accepted in the amount of:
You are required by the Instructions to Bidders to execute the Contract and furnish six (6)
' original CONTRACTOR'S Performance BOND, Payment BOND, and Certificates Of Insurance
within ten (10) calendar days from the date of this Notice to you.
If you fail to execute said Contract and to furnish said BONDS within ten (10) days from the
date of this Notice, Fayetteville will be entitled to consider all your rights arising of your BID
BOND. Fayetteville will be entitled to such other rights as may be granted by law.
You are required to return an acknowledged copy of this NOTICE OF SELECTION to
Fayetteville.
IDated this day of , 20_.
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by -
1 this
FAYETTEVILLE CITY ENGINEERING -
IM
Title
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF SELECTION is hereby acknowledged
day of
Gregg Avenue Waterline Phase 1 00350 (3) Garver No. 0296-3600
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Section 00500
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
' THIS AGREEMENT is dated as of the 7`h day of October in the year 2003 by and between the City
of Fayetteville, Arkansas (hereinafter called FAYETTEVILLE) and Crossland Healy Contractors, Inc.
(hereinafter called CROSSLAND).
' FAYETTEVILLE and CROSSLAND, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
CROSSLAND shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
' Gregg Avenue Waterline Improvements — Phase I
' Installation of 18", 12", and 8" PVC water mains along Gregg Avenue from Futrall Drive
north to near the Mud Creek Bridge on Gregg Avenue, along with steel encasement pipes,
taps of various sizes , ductile iron water fittings, water valves, water service lines, water
meters, connections to existing water lines and services, and pavement repairs as necessary.
Article 2. ENGINEER.
The Project has been designed by:
' Garver Engineers, LLC
3810 Front Street, Suite 10
Fayetteville, AR 72703
who is hereinafter called ENGINEER and who is to act as FAYETTEV ILLE's representative, assume all
duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract
' Documents in connection with completion of the Work in accordance with the Contract documents.
Article 3. CONTRACT TIME.
3.1. The Work shall be substantially completed within 90 consecutive calendar days after the date
when the Contract Time commences to run as provided in paragraph 2.03 of the General
Conditions, and completed and ready for final payment in accordance with paragraphs 14.07 B & C
of the General Conditions within 120 consecutive calendar days after the date when the Contract
Time commences to run.
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' Gregg Avenue Waterline Phase! 00500 (l) Garver No. 0296-3600
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If delays in utility relocations by others impede the Contractor's progress for major Contract items
and/or items critical to the prosecution of the work within the Contract Time, the Contract Time
will be temporarily suspended or adjusted by the City as appropriate. During such periods, the
Contractor will be allowed to work on minor Contract items, as approved by the City, without
spending Contract Time.
3.2. Liquidated Damages. FAYETTEVILLE and CONTRACTOR recognize that time is of the
essence of the Agreement and that FAYETTEVILLE will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereofallowed in
.accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by FAYETTEVILLE if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Fayetteville and
CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that expires after the time
specified in paragraph 3.1 for substantial completion, if CONTRACTOR shall neglect, refuse, or
fail to complete the remaining work within the time specified in paragraph 3.1 for completion and
readiness for final payment or any proper extension thereof granted by FAYETTEVILLE,
CONTRACTOR shall pay FAYETTEVILLE Five Hundred dollars ($500.00) for each day that
expires after the time specified in paragraph 3.1 for completion and readiness for final payment.
Article 4. CONTRACT PRICE.
Fayetteville agrees to pay, and the CONTRACTOR agrees to accept, as full and final compensation for all
work done under this agreement, the amount based on the prices bid in the Proposal which is hereto
attached, for the actual amount accomplished under each pay item, said payments to be made in lawful
money of the United States at the time and in the manner set forth in the Specifications.
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classifications are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
I I.03.B of the General Conditions.
Article 5. PAYMENT PROCEDURES
5.1. Progress Payments. FAYETTEVILLE shall make periodic progress payments on the basis of
Work completed as provided in paragraph 14.02 of the General Conditions and SC -14.02 of the
Supplementary Conditions. Prior to Final Completion, progress payments will be made in an
amount equal to the value of completed Work, plus the value of stored materials, less retainage, less
the aggregate of payments previously made, and less such amounts as FAYETTEVILLE may
withhold, in accordance with paragraphs 14.02.8.5 & 14.02.D of the General Conditions:
Retainage: FAYETTEVILLE will retain ten percent of the value of completed Work until
such time as 50 percent of the Work has been completed. If 50 percent of the Work has
been completed, as determined by ENGINEER, and if the character and progress of the
Work have been satisfactory to FAYETTEVILLE, retainage will be fixed at five percent of
the Contract Price. FAYETTEVILLE reserves the right to reinstate retainage at ten percent
Gregg Avenue Waterline Phase I
00500(2)
Garver No. 0296-3600
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if the character and progress of the Work become unsatisfactory to FAYETTEVILLE.
Stored Materials: FAYETTEVILLE will pay 100 percent of the value of materials and
equipment not incorporated in the Work but delivered, suitably stored, insured, and
accompanied by documentation satisfactory to FAYETTEVILLE as provided in paragraphs
I4.02.B.5 & 14.02.D of the General Conditions.
5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraphs 14.06 and 14.07.B & C of the General Conditions, FAYETTEVILLE shall pay the
remainder of the Contract Price as recommended by ENGINEER as provided in said paragraphs
14.07.8 & C.
' Article 6. CONTRACTOR'S REPRESENTATIONS.
In order to induce FAYETTEVILLE to enter into this Agreement CONTRACTOR makes the following
' representations:
6.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
' Addenda listed in Article 7) and the other related data identified in the Bidding Documents
including "technical data."
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6.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local, and site conditions that may affect cost, progress, performance, or furnishing of the
Work.
6.3. CONTRACTOR is familiar
with and
is satisfied as
to all federal, state, and local Laws and
Regulations that may affect cost,
progress,
performance,
and furnishing of the Work.
6.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site which have been identified in
the Supplementary Conditions as provided in paragraph 4.02.A of the General Conditions.
CONTRACTOR accepts the determination set forth in paragraph SC -4.02 of the Supplementary
Conditions of the extent of the "technical data" contained in such reports and drawings upon which
CONTRACTOR is entitled to rely as provided in paragraph 4.02 of the General Conditions.
CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that
FAYETTEVILLE and ENGINEER do not assume responsibility for the accuracy or completeness
of information and data shown or indicated in the Contract Documents with respect to Underground
Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or
assumes responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and
Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress,
performance, or furnishing of the Work or which relate to any aspect of the means, methods,
Gregg Avenue Waterline Phase I
00500(3)
Garver No. 0296-3600
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furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to the employed by CROSSLAND and safety precautions and
programs incident thereto. CROSSLAND does not consider that any additional examinations,
investigations, explorations, tests, studies, or data are necessary for the performance and furnishing
of the Work at the Contract Price, within the Contract Times, and in accordance with the other
terms and conditions of the Contract Documents.
6.5. CROSSLAND is aware of the general nature of work to be performed by FAYETTEVILLE
and others at the site that relates to the Work as indicated in the Contract Documents.
6.6. CROSSLAND has correlated the information known to CROSSLAND, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents, and all additional examinations, investigations, explorations, tests, studies, and data
with the Contract Documents.
6.7. CROSSLAND has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that CROSSLAND has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CROSSLAND and the Contract Documents are
generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 7. CONTRACT DOCUMENTS
The Contract
Documents
which comprise the
entire agreement between FAYETTEVILLE and
CROSSLAND
concerning
the Work consist of the
following:
7.1. This Agreement (pages I to 6, inclusive).
' 7.2. Performance and Payment Bonds, (Exhibits A and B respectively).
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7.3. Certificates of Insurance, (Exhibit C).
7.4. Documentation submitted by CROSSLAND prior to Notice of Selection (Exhibit D).
' 7.5. General Conditions (pages I to 42, inclusive).
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7.6. Supplementary Conditions (pages I to 15, inclusive).
7.7. Specifications consisting of Sections as listed in Table of Contents herein.
7.8. Addendum number I .
7.9. Drawings (not attached hereto) consisting of a cover sheet and sheets numbered I
through 17, inclusive with each sheet bearing the following general title:
Gregg Avenue Water System Improvements Phase I
Gregg Avenue Waterline Phase I 00500 (4) Garver No. 0296-3600
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7.10. The following which maybe delivered or issued after the Effective Date of the Agreement
and are not attached hereto:
7.10.1. Notice to Proceed
7.10.2. Al! Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General
Conditions.
The documents
listed in
paragraphs 7.2 et seq.
above are attached to this Agreement (except as expressly
noted otherwise
above).
There are no Contract
Documents other than those listed above in this Article 7.
The Contract
Documents
may only be amended,
modified or supplemented as provided in paragraph 3.04
of the General
Conditions.
Article 8. MISCELLANEOUS.
8. I. Terms used in the Agreement which are defined in Article I of the General Conditions will have
the meanings indicated in the General Conditions.
8.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will
be binding on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this restriction may be limited by
law), and unless specifically stated to the contrary in any written consent to an assignment no
assignment will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
8.3. FAYETTEVILLE and CONTRACTOR each binds itself, its partners, successors, assigns, and
legal representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
8.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken and all remaining provisions shall continue to be valid
and binding upon stricken provision or part thereof with a valid and enforceable provision that comes
as close as possible expressing the intention of the stricken provision.
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IN WITNESS WHEREOF, FAYETTEVILLE and CROSSLAND have signed this Agreement in six
' (6) counterparts. Two counterparts each have been delivered to FAYETTEVILLE and ENGINEER, and
two counterparts have been delivered to CROSSLAND. All portions of the Contract Documents have been
signed, initialed, or identified by FAYETTEVILLE and CROSSLAND or identified by ENGINEER on
ttheir behalf.
This Agreement will be effective on 7, 2003 (which is the Effective Date of the Agreement).
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OWNER: City of Fayetteville
Address for giving notices:
113 West Mountain
tFayetteville, AR 72701
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.)
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CONTRACTOR: Crossland Heavy Contractors, Inc.
By:
Mark Sel , President
ct0ltg
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[CORPORATESEA:y (/} fir; or
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Attest:
Melissa Dunnic, Assist. Corp. Secretary
Address for giving notices:
PO Box 350
833 South East Ave.
Columbus, KS 66725
License No. 0067301103
Agent for service of process:
(If CONTRACTOR is a corporation, attach
evidence of authority to sign)
tGregg Avenue Waterline Phase 1 00500 (6) Garver No. 0296-3600
THE AMERI�AN INSTITUTE OF ARCH•CTS
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Bond No.08709680
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
Crossland Heavy Contractors, Inc. Fidelity and Deposit Company of Maryland
PO Box 350 1400 American Lane, Tower I, 19th Floor
Columbus, KS 66725 Schaumburg, IL 60196-1056
OWNER (Name and Address):
City of Fayetteville
113W. Mountain St.
Fayetteville, AR 72703
CONSTRUCTION CONTRACT
Date: •. October 7, 2003
Amount: ($693,662.00 ) Six Hundred Ninety Three Thousand Six Hundred Sixty Two Dollars and 00/100
Description' (Name and Location): Gregg Avenue Waterline Improvements- Phase I
::'.BOND
D.ate;(N6ttearlier than Construction Contract Date): (�-o?-
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Amount:/($693,662.00 ) Six Hundred Ninety Three Thousand Six Hundred Sixty Two Dollars and 00/100
Modificatioris to this Bond: 0 None 0 See Page 3
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CONTRACTOR AS PRINCIPAL
Company: (Corpor e Seal)
Crossland Heavy Con
Signature:
Name and Title: ((\ 1 t lCi�yl�
(Any additional signatures appear on page 3)
SURETY
Company: (Corporate Seal)
Fidelity and Depo i oparyland
Signature:
Name and Title Jill Abshier
Attorney -in -Fact
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
IMA of Kansas, Inc. other party):
1631 SW Topeka Blvd.
Topeka, KS 66612
AU DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 9
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 1
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1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para•
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through inde-
pendent contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract for performance and completion of the Con-
struction Contract, arrange for a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
1 After investigation, determine the amount for
which it m be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner: or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
S If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness. the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2. or 4.3 above.
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 liquidated damages. or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non•perlor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 Any proceeding, legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surely refuses or lails
to perform its obligations under this Bond. whichever oc•
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail.
' ALA DOCUMENT 4312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. • AIA a
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1957
A312.1984 2
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able to sureties as a defense in the juris fiction of the suit
shall be applicable.
' 10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
' 11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
' shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
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12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Sea[) Company: (Corporate Seal)
Signature:
Name and Title:
Address:
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA a
THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. NW. WASHINGTON. D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 3
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THE AMERICAN INSTITUTE OF ARCHITECTS
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ash.•
AIA Document A372
Payment Bond
Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address)
Crossland Heavy Contractors, Inc.
PO Box 350
Columbus, KS 66725
OWNER (Name and Address):
City of Fayetteville
113 W. Mountain St.
' Fayetteville, AR 72703
CONSTRUCTION CONTRACT
Date: . October 7, 2003
'
,Amount: ($693,662.00 ) Six Hundred Ninety Three Thousand Six Hundred Sixty Two Dollars and 00/100
'Description (Name and Location): Gregg Avenue Waterline Improvements- Phase I
IBOND�.�:
: Date (Not earlier than Construction Contract Date): f0 -o'1-03
•l Arnount:.(S 693,662.00 ) Six Hundred Ninety Three Thousand Six Hundred Sixty Two Dollars and 00/100
Modificat iris to this Bond: 0 None O See Page 6
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• ..CONTOCTOR AS PRINCIPAL SURETY
,,....I.... • Company: (Corporate Seal) Company: (Corporate Seal)
' 'Crossland Heavy Cot dr , 11`. Fidelity and De it omp, y of Maryland
Signature: Signature:
' Name and Title: Name and Titl • Jill Abshier �-
Attorney -in -Fad
(Any additional signatures appear on page 6)
' (FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
IMA of Kansas, Inc. other party):
' 1631 SW Topeka Blvd.
Topeka, KS 66612
' AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1954 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.W., WASHINGTON. O.C. 20886 A312-1984 4
THIRD PRINTING • MARCH 1%?
SURETY (Name and Principal Place of Business):
Fidelity and Deposit Company of Maryland
1400 American Lane, Tower I, 19th Floor
Schaumburg, IL 60196-1056
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1 The Contractor and the Surety, join y and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or indirectly.
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any claims, demands,
liens or suits and tendered defense of such claims.
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
.1 Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner.
stating that a claim is being made under this
Bond and enclosing a copy of the previous
written notice furnished to the Contractor.
S If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimanrhas satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change.
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) or (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 • PERFORMANCE BONG AND PAYMENT BOND • DECEMBER 1984 ED. • Al AS
THE AMERICAN IN5T ITUTE Of ARCHITECTS. 1735 NEW YORK AVE.. NW, WASHINGTON. DC, 70006
THIRD PRINTING • MARCH 1987
A312.1984 5
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Bond shall be construed as a statutoryynd and not as a
common law bond.
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14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
' (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
' Signature:
Name and Title:
Address:
.,
Signature:
Name and Title:
Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1981 ED. • AIA 0
THE AMERICAN INSTITUTE Of ARCHITECTS. 1735 NEW YORK AVE., N.W„ WASHINGTON. D.C. 20D06
THIRD PRINTING • MARCH 1987
A312.1984 6
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Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a
corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, w ' set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s te, constitute and
appoint Stanley G. WILKERSON, Claudia J. NADEAU, Jill ABSHI N, all of Topeka,
Kansas, EACH its true and lawful agent and Attorney -in -F s e and on its behalf as
surety, and as its act and deed: any and all bonds aMfijktaffihigi an uc bonds or undertakings in
pursuance of these presents, shall be as ' o ly, to all intents and purposes, as if they
had been duly executed and ac a re offict rs of the Company at its office in Baltimore, Md., in
their own proper pe f o issued on behalf of Stanley G. WILKERSON, Claudia).
NADEAU, Jill AB led January 22, 2003.
The said Assistant by certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By- said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 25th day of June,
A.D. 2003.
FNKIL 3a
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State of Maryland 1 ss:
City of Baltimore f
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
T. E. Smith Assistant Secretary
By:
Paul C. Rogers Vice President
On this 25th day of June, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2005
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND '
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,... and to affix the seal of the Company thereto."
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CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized
by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the By -Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this day of Q ,
Assistant Secretary
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ZURICH
THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND
Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, Zurich American
Insurance Company, and American Guarantee and Liability Insurance Company are making the following
informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your
part.
Disclosure of Terrorism Premium
' The premium charge for risk of loss resulting from acts of terrorism (as defined in the Act) under this bond is
$ waived . This amount is reflected in the total premium for this bond.
' Disclosure of Availability of Coveraee for Terrorism Losses
'As required by the Terrorism Risk Insurance Act of 2002, we have made available to you coverage for losses resulting
from acts of terrorism (as defined in the Act) with terms, amounts, and limitations that do not differ materially as those
for losses arising from events other than acts of terrorism.
' Disclosure of Federal Share of Insurance Company's Terrorism Losses
The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share
in insurance company losses resulting from acts of terrorism (as defined in the Act) after a insurance company has paid
losses in excess of an annual aggregate deductible. For 2002, the insurance company deductible is 1% of direct earned
premium in the prior year, for 2003, 7% of direct earned premium in the prior year; for 2004, 10% of direct earned
premium in the prior year; and for 2005, 15% of direct earned premium in the prior year. The federal share of an
insurance company's losses above its deductible is 90%. In the event the United States government participates in
'losses, the United States government may direct insurance companies to collect a terrorism surcharge from
policyholders. The Act does not currently provide for insurance industry or United States government participation in
terrorism losses that exceed $100 billion in any one calendar year.
Definition of Act of Terrorism
'The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury,
in concurrence with the Secretary of State and the Attorney General of the United States:
I. to be an act of terrorism;
' 2. to be a violent act or an act that is dangerous to human life, property or infrastructure;
3. to have resulted in damage within the United States, or outside of the United States in the case of an air carrier
(as defined in section 40102 of title 49, United 17 States Code) or a United States flag vessel (or a vessel based
' principally in the United States, on which United States income tax is paid and whose insurance coverage is
subject to regulation in the United States), or the premises of a United States mission; and
4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign
' interest as part of an effort to coerce the civilian population of the United States or to influence the policy or
affect the conduct of the United States Government by coercion.
But, no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war
'declared by Congress (except for workers' compensation) or property and casualty insurance losses resulting from the
act, in the aggregate, do not exceed $5,000,000.
' These disclosures are informational only and do not modify your bond or affect your rights under the bond.
Copyright Zurich American Insurance Company 2003
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J ACORD CERTIFICAme
PRODUCER
IMA of Kansas, Inc. (Topeka)
O. Box 1537
opeka, KS 66601-1537
785 232-2202
INSURED
Crossland Heavy Contractors, Inc.
PO Box 350; 833 S.E. Avenue
Columbus, KS 66725
I COVERAGES
OF LIABILITY INSU CE
10/22/03
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A Zurich American Insurance
INSURER B: The Insurance Co. of the State of PA
INSURER C Ohio Casualty
INSURERD. St. Paul Insurance Company _
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO
WHICH THIS CERTIFICATE
MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS
LTR I TYPE of WSVRANCE I POLICY NUMBER POLICY MFFECTIV�POLICY MWDDflY OiT OMITS
[GENERAL LIABILITY
0370703401
04130/03 104130/04
EACH OCCURRENCE
$1,000,000
IX CWMERCIAL GENERAL LIABILITY
FIRE DAMAGE My one Jiro)_
$300,000
CWMS MADE I OCCUR
$10,000
MED EXP(AnycMMnan)
PERSONAL& ADV INJURY
_
$1,000000
GE NERAL AGGREGATE
$2,000,000
(GENT AGGREGATE LIMITAPPLIESPER,
s2,000,000
PRODUCTS .COMP/OP AGO
II POLICY n PRO F
LOC
AUTOMOBILE
LIABILITY
BAP370703301
04/30/03 04/30/04
LIMIT
COMBINED SINGLE LIMIT
X
ANY AUTO
(Ea eoclMlp)
If1 ,000,000
ALL OWNED AUTOS
BODILY INJURY
S
SCHEDULEO AUTOS
(Per peaon)
Jy
BODILY INJURY
$
HIRED AUTOS
. NON -OWNED AUTOS
(Per eCpldenl)
PROPERTY DAMAGE
$
(Per 5CCIMni)
CARAGE TY
AUTO
I A
$
MY AUTO
OTHER THAN AMC
AUTO ONLY:
B
EXCESS
LIABILITY___
46039784
04130/03 04/30104
EACH OCCURRENCE
55,000,000
xl
OCCUR n CLAIMS MADE
.AGGREGATE
$5,000,000
DEDUCTIBLE
ECO0453083041
04130/03 104/30104
I Each Occ.
$57,000,000
j�
X
I RETENTION SO
_ _
Aggregate
47,000,000
WORKERS COMPENSATION AND WC370703601 04/30/03 04/30/04
X I WCs LIAMIT$_IL_I EB�
EMPLOYERS'LIABILITY
EEL EACH ACCIDENT I$1,000,000
LL. DISEASE EAEMPLOYEE-
5,,000,000
'E L DISEASE - POLICY LIMIT I
_
$1 ,000 000
D I OTHER Builders ICK08004581 04/30103 104/30/04
Limit $15,000,000
Risk I
Deductible $5,000
ESCRIPTION OF OPERATIONS/LOCATKINSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
regg Avenue Waterline Improvements -Phase I Project
ertificate Holder and Garver Engineers, LLC, 3810 Front Street, Suite 10, Fayetteville,
AR (Engineers) are named as Additional Insureds and Provided a Waiver of Subrogation for
eneral Liability and Automobile Liability
See Attached Descriptions)
TTULUGN t I ADOTIICNAL NSURE D'INSUI�RLETTER: L:ANL:tLLAIIUN
SHOULD ANYOF THE ABOVE DESCRIBED POLICIESBE CANCELLED BEFORE THE EXPIRATION
City of Fayetteville Engineering DATE THEREOF. THE ISSUING INSURER WILLRRRW0XS IOMAIL30_ DAYSWWTTEN
113 W. Mountain NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT. BMRdX="AAAARnpxx
Fayetteville, AR 72701 ILxfosR�i0oX10PR10lBOA�NmaxecxBRR00AInRAABOLxxRRadaARRAAxC�MnsR
AUTH0WED REPRESENTATIVE
25-S (7/97)1 of 3 #S192731/M173773 AAU 0 ACORD CORPORATION 1988
Client#: 11232
CROSHEA
ACORDr. CERTIFICA1r OF LIABILITY INSUR�ICE
DATE °"Y")
_.AXCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
AMA of Kansas, Inc. (Topeka)
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
O Box 1537
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
opeka,KS 66601-1537
785 232-2202
INSURERS AFFORDING COVERAGE
NAIC #
SURED
City of Fayetteville and
Garver Engineers, LLC
113 West Mountain
Fayetteville, AR 72701
INSURERA Zurich American Insurance
16535
INSURERS
INSURERC.
INSURER D'
INSURER E
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR
NSR
TYPE OF INSURANCE
POLICY NUMBER
DATE MD
EXPIRATION
Y E
LIMITS
GENERAL
LIABILITY
TBD
10/22/03
10/22/04
EACHOCCURRENCE
'2,000,000
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES E(Ea occlnnce)
$
CLAIMS MADE OCCUR
MED EXP (Any me person)
f
PERSONAL & ADV INJURY
$
X
OCP
GENERAL AGGREGATE
s2,000,000
GENT
AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP/OP AGG
$
POLICY PRO LOC
AUTOMOBILE
LIABILITY
ANY AUTO
COMBINED SINGLE LIMIT
(Ea acaEeM)
f
BODILY INJURY
(PM pen )
f
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per Kad)
$
MIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY. EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
f
AUTO ONLY: AGG
EXCESSNMBRELLA
LIABILITY
EACH OCCURRENCE
f
OCCUR CLAIMS MADE
AGGREGATE
f
S
S
DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
WC STAB)
0TH.
EMPLOYERS' LIABILITY
R/
ANY PROPRIETOR/PARTNEEXECUTNE
EL EACH ACCIDENT
f
E L DISEASE EA EMPLOYE
f
OFFICERJMEMBER EXCLUDED?
tl yes OescAOe undm
SPECIAL PROVISIONS Oebw
E L. DISEASE - POLICY LIMIT
f
OTHER
ESCRIPPON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
regg Avenue Water Line Improvements, Phase I Project
City of Fayetteville Engineering
113 W. Mountain
Fayetteville, AR 72701
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL _3D_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE INSURER. ITS AGENTS OR
AUTHORIZED REPRESENTATIVE
25 (2001/08) 1 of 2 #S192733IM192732 AAU 0 ACORD CORPORATION 1988
NOTICE TO PROCEED
TO: DATE:
PROJECT: Gregg Avenue Water System Improvements Phase I
You are hereby notified to commence WORK in accordance with the Contract dated
on or before . and you are to substantially complete the WORK within
120 consecutive calendar days thereafter and have the Work complete and ready for final payment within
this allotted time. The date for final completion is therefore , 20
CITY OF FAYETTEVILLE, ARKANSAS
Owner
so
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged by
this the day of , 20
By
Title
Gregg Avenue Waterline Phase 1 00500 (10) Garver No. 0296-3600
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This docume-.: h= ;-r: Iegai consequences: consultation with an a! eney is encouraged with respect to Its use or
modi`icat:on. This docu:ne^: shouid be adap:ed to :1:c particular ci:curstances of the contemplated Project and the
Con:.'oll:ng Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
P-epa:ed b_
ENGINEERS JOINT CONTRACT DOCIJMLVrS COMMu IEE
and
jil
Issued and P.:blisbed Jo n:hy By
® - National Society of
Professional Engineers
AMERICAN CONSULTING Professional cnyinee.-sin Pnn;e Palire AMERICAN SOCIETY OF
ENGINEERS COUNCIL CIVIL ENGINEERS
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
E prcc ce Ct :'IS!0.'. Oj me
NA T TONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
MERiCAN SOCIETY AOF CIVIL ENGINEERS
Ttis docu eh: has been approved and endorsed by
The Associated Genera . `. Contractors of America Construction Specifications ICSti me
'Tnae General Cohctioas have been prepared for use wits the Owcer-Contractor Agreements (No. 1910-8-A-1 or 1910-
8-A-2) (1996 Editions). Their provisions are i te.. elated and a change in one may necessitate a change in the other.
Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the
•re aration of Supp'.rnehtary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17)
1996 Editic. ).
DC No. 1910-8 (1996 Edition)
Copyright 111996
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Consulting Engineers Council
1015 15th Street N.W., Washington, DC 20005
American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
00700-2
TABLE OF CONTENTS
P
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'ARTICLE I - DEFINITIONS AND TERMINOLOGY............................00700-6
1.01 Defined Terms ................................................... 00700 - 6
1.02 Terminology..................................................... 00700 - 8
,ARTICLE 2 - PRELIMINARY MATTERS ............................................ 00700 - 9
2.01 Deliveryof Bonds ................................................. 00700 - 9
2.02 Copies of Documents ............................................... 00700 - 9
2.03 Commencement of Corr. act Times; Notice to Proceed .......................... 00700 - 9
' 2.04 Stcrr.'ng the Work ................................................. 00700 - 9
2.05 Before Starting Construction..........................................00700 - 9
2.06 PrecorLs:.ruction Conference .......................................... 00700 - 10
'2.07 Initial Acceptance of Schedules........................................00700 - 10
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ....................00700 - 10
3.01 Intent .................. ................................. . .... 00700 - 10
I3.02 Reference Standerds.............................................. 00700 - 10
3.03 Reporting and Resolving Discrepancies...................................00700 - 11
3.04 Amending and Supplementing Contract Documents ........................... 00,00 - 11
3.05 Reuse of Documents...............................................00700 - 11
�RTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
■ REFERENCE POINTS .............................................. 00700 - 11
4.01 Availability of Lands..............................................00700 - 11
' 4.02 Subsurface and Physical Conditions.....................................00700 - 12
4.03 Differing Subsurface or Physical Conditions................................00700 - 12
4.04 Underground Facilities ............................................. 00700 - 13
• 4.05 Reference Points ............................................... . 00700 - 13
4.06 Hazardous Environmental Condition a: Sire................................00700 - 14
TICLE 5 - BONDS AND INSURANCE ........................................... 00700 - 15
I5.01 Performance, PevmerJ, and Other Bonds ................................. 00700 - 15
3.02 Licensed Sureties and Insurers ........................................ 00700 - 15
5.03 Certificates of Insurance............................................00700 - 15
5.04 COA RACTOR's Liability Insurance .................................... 00700 - 15
5.05 OWNER's Liability Insurance.........................................00700 - 16
5.06 Property Insurance...............................................00700 - 16
5.07 Waiver o,`Rig.h s .... 4 ............................................ 00700 - 17
5.08 Receipt and Application of Insurance Proceeds .............................. 00700 - 18
5.09 Acceptance of Bonds and Insurance; Option to Replace ........................ 00700 - 18
5.10 Partial Utilization, Acbtowledgment of Proper0• Insurer ........................ 00700 - 18
TICLE 6 - CONTRACTOR'S RESPONSIBILITIES...................................00700 - 18
6.01 Supervision and Superintendence.......................................00700 - 18
6.02 Labor, Working Hours.............................................00700 - 19
6.03 Services, Materials, and Equipment.....................................00700 - 19
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6.04 Progress Schedule................................................00700 - 19
6.05 Substitutes and "Or-Eauals" ........... .............................. 00700 - 19
6.06 Concerning Subcontractors, Suppliers, and Others ............................ 00700 - 20
6.07 Patent Fees and Royalties ........................................... 00700 21
6.08 Permits.......................................................00700 - 21
6.09 Laws and Regulenons..............................................00700 - 22
' 6.10 Taxes........................................................007(X) - 22
6.11 Use of Site and Other Areas..........................................00700 - 22
6.12 Record Documennts................................................00700 - 22
6.13 Safety and Protection .............................................. 00700 - 23
• 6.14 Safety Representative ..............................................00700- 23
6.15 Hazard Communication Programs ...................................... 00700 - 23
00700-3
6.16 Emergencies................................................... 00700 - 23
6.17 Shop Drawings and Samples .......................................... 00700-23
6.18 Continuing the Work .................... 00700 - 24
6.19 CONTRACTOR'S General Warranty and Guarantee ...........................00700 - 25
6.20 Indemnificarion.................................................. 00700 - 25
ARTICLE7.OTHER WORK ..... ... ..................................00700-26
7.01 Relayed Work at Site ............................................... 00700 - 26
7.02 . Coordination.................................................. 00700 -.26
ARTICLE 8 - OWNER'S RESPONSIBILITIES........................................00700 - 26
8.01 Communications to Contractor ........................................ 00700 - 26
8.02 Replacement of ENGINEER .......................................... 00700 - 26
8.03 Furnish Data ...................................................00700-26
8.04 Pay Promptly When Due............................................00700 - 26
8.05 Lands and Easements,- Reports and Tests .................................. 00700 - 26
8.06 Insurance ...6........6 ................6....................... 00700-27
8.07 Change Orders .................................................. 00700 - 27
8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27
8.09 Limitations on OWNER's Responsibilities.................................00700 - 27
8.10 Undisclosed Hazardous Environmental Condition ............................ 00700 - 27
8.11 Evidence of Financial Arrangements.....................................00700 - 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ........................... 00700 - 27
9.01 OWNER'S Representative...........................................00700 - 27
9.02 Ysits to Site....................................................00700 - 27
9.03 Project Representative.............................................00700 - 27
9.04 Clarifications and Interpretations ...................................... 00700 - 28
9.05 Authorized Variations in Work........................................00700 - 28
9.06 Rejecting Defective Work............................................00700 - 28
9.07 Shop Drawings, Change Orders and Payments
8 8 ay .............................. 00700-28
9.08 Determinations for Unit Price Work.....................................00700 - 28
9.09 Decisions on Requirements of Contract Documents and Acceptability of Work .......... 00700 - 28
9.10 Limitations on ENGINEER's Authority and Responsibilities ......................00700 -28
ARTICLE 10 - CHANGES INTHE WORK; CLAIMS ................................... 00700 - 29
10.0] Authorized Changes in the Work.......................................00700 - 29 '
10.02 Unauthorized Changes in the Work ..................................... 00700 - 29
10.03 Execution of Change Orders..........................................0070 - 29
10.04 Notification to Surety..............................................00700 - 29
10.05 Claims and Disputes ............................................... 00700 30
ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK .............. 00700 - 30
11.01 Cost of the Work.................................................00700 -30
11.02 Cash Allowances ................................................. 00700 - 32
11.03 Unit Price Work.................................................00700 - 32
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .............00700 - 33
12.01 Change of Contracr Price ........................................... 00700 - 33
12.02 Change of Contract Times...........................................00700 - 33
12.03 Delays Beyond CONTRACTOR's Control ................................. 00700 - 33
12.04 Delays Within CONTRACTOR's Control..................................00700 - 34
12.05 Delays Beyond OWNER'S and CONTRACTOR's Control ............. .......... . 00700 - 34 12.06 Delay Damages ............................................ . 00700 - 34
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK...............................................00700-34
13.01 Notice of Defects................................................00700 - 34
13.02 Access to Work..................................................00700 - 34
13.03 Tests and Inspections .............................................. 00700 - 34
13.04 Uncovering Work ................................................. 00700 - 35
13.05 OWNER May Stop the Work .......................................... 00700 - 35
13.06 Correction or Removal of Defective Work ................................. 00700 - 35
00700-4
13.07 Correction Period.....................00700-35
' 13.08 Acceptance of Defective Work.........................................00700 -36
13.09 Oli'TRR May Correct Defecrive Work .................................... 00700 - 36
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION ........................00700 - 36
' 14.01 Schedule of Values ................................................ 00700 - 36
14.02 Progress Payments ................................................ 00700 - 37
14.03 CONTRACTOR's Warranty of Tit!e..................................... 00700 - 38
' 14.04 Substannal Completion ... 00700 - 38
........................
14.05 Panial Utilization................................................00700 -39
14.06 Final Inspection . ................................................. 00700 - 39
14.07 Final Payment..................................................00700 - 39
' 14.08 Final Complenon Delayed ........................................... 00700 - 40
14.09 Waiver of Claims ................................................. 00700 - 40
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................ 00700 -40
15.01 OWNER May Suspend Work .......................................... 00700 - 40
15.02 OWNER May Terminate for Cause ...................................... 00700 - 40
15.03 OWNER May Terminate For Convenience ................................. 00700 - 41
15.04 CONTRACTOR May Stop Work or Terminate ...............................00700 -41
RTiCLE16-DISPUTE RESOLUTION............................................00700-41
16.01 Methods and Procedures ............................................00700 - 41
ARTICLE 17 - MISCELL.ANEOUS................................................00700 - 42
17.01 Giving Novice...................................................00700 - 42
17.02 Computation of Times .............................................. 00700 - 42
17.03 Cumulative Remedies .............................................. 00700 - 42
17.04 Survival of Obligations ............................................. 00700 - 42
17.05 Controlling Law ................................................. 00700 - 42
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GE.N'Re? CONDITIONS
ARTICLE I - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Contract Documents and
printed with initial or all capital letters, the terms listed
below will have the meanings indicated which are applicable
to both the singular and plural thereof.
1. Addenda --Written or graphic instruments issued
prior to the opening of Bids which clarify, correct, or
change the Bidding Requirements or the Contract
Documents.
2. Agreement —The written instrument which is
evidence of the agreement between OWNER and
CONTRACTOR covering the Work.
3. Application for Payment —The form acceptable to
ENGINEER which is to be used by CONTRACTOR
during the course of the Work in requesting progress or
final payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos --Any material that contains more than
one percent asbestos and is friable or is releasing asbestos
fibers into the ax above current action levels established
by the United States Occupational Safety and Health
Administration.
5. Bid —The offer or proposal of a bidder submitted
on the prescribed form setting forth the prices for the
Work to be performed.
6. Bidding Documents --The Bidding Requirements
and the proposed Contract Documents (including all
Addenda issued prior to receipt of Bids).
7. Bidding Requirements —The Advertisement or
Invitation to Bid, Instructions to Bidders, Bid security
form, if any, and the Bid form with any supplements.
a
8. Bonds --Performance and payment bonds and
other instruments of security.
9. Change Order --A document recommended by
ENGINEER 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
00700-6
Contract Times, issued on or after the Effective Date of
the Agreement.
10. Claim --A demand or assertion by OWNER or
CONTRACTOR seeking an adjustment of Contract Price
or Contract Times, or both, or other relief with respect to
the terms of the Contract. A demand for money or
services by a third party is not a Claim.
11. Contract --The entire and integrated written
agreement between the OWNER and CONTRACTOR
concerning the Work. The Contract supersedes prior
negotiations, representations, or agreements, whether
written or oral.
12. Contract Documents --The Contract Documents
establish the rights and obligations of the parties and
include the Agreement, Addenda (which pertain to the
Contract Documents), CONTRACTOR's Bid (including
documentation accompanying the Bid and any post Bid
documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement, the Notice
to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the
Drawings as the same are more specifically identified in
the Agreement, together with all Written Amendments,
Change Orders, Work Change Directives, Field Orders,
and ENGINEER's written interpretations and
clarifications issued on or after the Effective Date of the
Agreement. Approved Shop Drawings and the reports
and drawings of subsurface and physical conditions are
not Contract Documents. Only printed or hard copies of
the items listed in this paragraph are Contract Documents.
Files in electronic media format of text, data, graphics,
and the like that may be furnished by OWNER to
CONTRACTOR are not Contract Documents.
13. Contract Price —The moneys payable by OWNER
to CONTRACTOR for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.03
in the case of Unit Price Work).
14. Contract Times —The number of days or the dates
stated in the Agreement to: (i) achieve Substantial
Completion; and (ii) complete the Work so that it is ready
for final payment as evidenced by ENGINEER's written
recommendation of final payment.
15. CONTRACTOR --The individual or entity with
whom OWNER has entered into the Agreement.
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16. Cos., of the Work --See paragraph II.01.A for
dentition.
17. Drawings —That part of the Contract Documents
prepared or approved by ENGINEER which graphically
shows the scope, extent, and character of the Work to be
performed by CONTRACTOR. Shop Drawings and
other CONTRACTOR submittals are not Drawings as so
defined.
18. Effective Dare of the Agreement- -The date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date or.
which the Agreement is signed and delivered by the last
of the two panics to sign and deliver.
19. ENGINEER —The individual or entity named as
such in the Agreement.
20. ENGINEER'S Consultant —An individual or entity
having a contract with ENGINEER to furnish services as
ENGINEER'S independent professional associate or
consultant with respect to the Project and who is
identified as such in the Supplementary Conditions.
21. Field Order —A written order issued by ENGI
NEER which requires minor changes in the Work but
winch does not involve a change in the Co_cact Prce or
the Contract Times,
22. General Requirein ems —Sections of Division I of
the Speci :canons. The General Requirements pertain to
all sections of the Specifications.
23. Hazardous Environmental Condirion—Tne
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
euantities or circumstances that may present a substantial
danger to persons Cr property exposed thereto in
connection with the Work.
24. Hazardous Waste --The term Hazardous Waste
shall have the meaning provided in Section I004 of the
Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
25. Laws and Regulations; Laws or Regulations —Any
and all applicable laws, rules, regulations, ordinances,
codes, and orders of any and all govemmentai bodies,
agencies, authorities, and courts having jurisdiction.
26. Liens --Charges, security interests, or
encumbrances upon Project finds, real property, or
personal property.
27. Milestone --A principal evert specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substamial Cotrtplecion of all the
Work.
28. Notice of Award --The wrinen notice by OWNER
to the apparent successful bidder stating that upon timely
compliance by the apparent successful bidder with the
conditions precedent listed ;herein, OWNER will sign and
deliver the Agreement.
29. Notice to Proceed --A written notice given by
OWNER to CONTRACTOR fixing the date as which the
Contract Times will commence to nu: and on which
CONTRACTOR shall start to perform the Work under
the Coctract Documents.
30. OWNER —The individual, entity, public body, or
authority with whom CONTRACTOR has entered into
the Agreement and for whom the Work is to be
performed.
31. Partial U:ilizaion--Use by OWNER of a substan-
tially completed part of the Work for the purpose for
which it is intended (or a related purpose) prior to
Substantial Completion of all the Work.
32. PCBs —Polychlorinated b:phery's.
33. Peroleum--Peaoleum, 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 Waste and crude oils.
34. Project --The total construction of which the
Work to be performed wide: the Contract Documents
may be the whole, or a part as may be indicated
elsewhere in the Contract Documents.
35. Project Manual —The bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
36. Radioactive Material —Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act
of 1954 (42 USC Section 2011 et seq.) as amended from
time to time.
37. Resident Project Representative --The authorized
representative of ENGINEER who may be assigned to the
Site or any part thereof.
[1
00700 - 7
38. Samples --Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Shop Drawings --All drawings, diagrams, illustra-
tions, schedules, and other data or information which are
specifically prepared or assembled by or for CON-
TRACTOR and submitted by CONTRACTOR to
illustrate some portion of the Work.
40. Sire --Lands or areas indicated in the Contract
Documents as being furnished by OWNER upon which
the Work is to be performed, including rights -of -way and
easements for access thereto, and such other lands
furnished by OWNER which are designated for the use of
CONTRACTOR.
41. Specifications —That pan of the Contract
Documents consisting of written technical descriptions of
materials, equipment, systems, standards, and
workmanship as applied to the Work and certain
administrative details applicable thereto.
42. Subcontractor --An individual or entity having a
direct contract with CONTRACTOR or with any other
Subcontractor for the performance of a part of the Work
at the Site.
43. Substantial Completion —The time at which the
Work (or a specified pan thereof) has progressed to the
point where, in the opinion of ENGINEER, the Work (or
a specified pan thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified pan thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially completed" as
applied to all or part of the Work refer to Substantial
Completion thereof.
44. Supplementary Conditions —That part of the
Contract Documents which amends or supplements these
General Conditions.
45. Supplier --A manufacturer, fabricator, supplier,
distributor, materialman, or vendor having a direct
contract with CONTRACTOR or with any Subcontractor
to furnish materials or equipment to be incorporated in
the Work by CONTRACTOR or any Subcontractor.
46. Underground Facilities --All underground
pipelines, conduits, ducts, cables, wires, manholes,
vaults, tanks, tunnels, or other such facilities or
attachments, and any encasements containing such
facilities, including those that convey electricity, gases,
steam, liquid petroleum products, telephone or other
communications, cable television, water, wastewater,
storm water, other liquids or chemicals, or traffic or
other control systems.
47. Unit Price Work --Work to be paid for on the
basis of unit prices.
48. Work --The entire completed construction or the
various separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
49. Work Change Directive --A written statement to
CONTRACTOR 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
subsurface or physical conditions under which the Work
is to be performed or to emergencies. A Work Change
Directive will not change the Contract Price or the
Contract Times but is evidence that the parties expect that
the change ordered or documented by a Work Change
Directive 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.
50. Written Amendment —A written statement
modifying the Contract Documents, figned 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 Documents.
1.02 Terminology
A. Intent of Certain Terms or Adjectives
1. Whenever in the Contract Documents the terms
"as allowed," "as approved," or terms of like effect or
import are used, or the adjectives "reasonable,"
"suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an
action or determination of ENGINEER as to the Work, it
is intended that such action or determination 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
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use of any such term or adjective shall not be effective to
assign to ENGINEER any duty or authority to supervise
or direct the performance of the Work or any duty or
authority to undertake responsibili v contrary to the
provisions of paragraph 9.10 or any other provision of the
Contract Documents.
B. Day
I The word "day" shall constitute a calendar day
of 24 hours measured from midnight to the next midnight.
C. Defective
Ii. The word "defective," when modifying the word
"Work," refers to Work that is unsatisfactory, fauity, or
deficient in that it does not conform to the Contract
Documents or does not meet the requirements of any
'L^spec!ion. reference standard, test, or approval referred
to in the Contract Documents, or has been damaged prior
to ENGINEER's recommendation of final payment
'(unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accor-
dance with paragraph 14.04 or.14.05).
D. Furnish, Install, Perform, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
'with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
' 3. The words "perform" or "provide," whet used
in connection with services, materials, or equipment,
shall mean to furnish and instal said services, materials,
' or equipment complete and ready for intended use.
4. When " l ish," " nstall," "perform," or "pro -
'vide" is not used in connection with services, materials,
or equipment in a context clearly requiring an obligation
of CONTRACTOR, "provide" is implied.
E. Unless stated otherwise in the Contract Documents,
rds or phrases which have a well-known technical or
construction industry or trade meaning are used in the
Ictract Documents in accordance with such recognized
aping.
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ARTICLE 2- PRELIMINARY MATTERS
2.01 Delivery of Boras
A. When CONTRACTOR delivers the executed
Agreements to OWNER, CONTRACTOR shall also deliver
to OWNER such Bonds as CONTRACTOR may be required
to furnish.
2.02 Copies of Documents
A. OWNER shall furnish to CONTRACTOR up to ten
copies of the Contract Documents. Additional copies will be
furnished upon request at the cost of reproduction.
2.O3 Commencement of contract limes; Notice to Proceed
A. The Contract Times will commence to run on the
thirtieth day after the Effective Date of the Agreement or, if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 30 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.
2.04 Srari.lg the Work
A. CONTRACTOR shall star, to perform the Work on
the daze when the Contract Times commence to run. No
Work shall be done at he Site prior to the date on which the
Contract Times commence to run.
2.05 Before Starting Constriction
A. CONIRACTOR's Review of Contract Documents:
Before undertaking each part of the Work, CONTRACTOR
shall carefully study and compare the Contract Documents
and check and verify pertinent figures therein and all
applicable field measurements. CONTRACTOR shall
promptly report in writing to ENGINEER any conflict, error,
ambiguity, or discrepancy which CONTRACTOR 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
Documents unless CONTRACTOR knew or reasonably
should have known thereof.
B. Preliminary
Schedules:
Within
ten days
after the
Effective Date of the
Agreement
(unless
otherwise
specified
' 00700-9
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in the General Requirements), CONTRACTOR shall submit
to ENGINEER for its timely review:
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. a preliminary schedule of Shop Drawing and
Sample subminals which will list each required submittal
and the times for submitting, reviewing, and processing
such submittal; and
3. a preliminary schedule of values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufficient detail
to serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
C. Evidence of Insurance: Before any Work at the Site
is started, CONTRACTOR and OWNER shall each deliver
to the other, with copies to each additional insured identified
in the Supplementary Conditions, 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 Article 5.
2.06 Preconsrrucrion Conference
A. Within 20 days after the Contract Times start to run,
but before any Work at the Site is started, a conference
attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.05.B, procedures for handling
Shop Drawings and other submittals, processing Applications
for Payment, and maintaining required records.
2.07 Initial Acceptance of Schedules
A. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first
Application for Payment a conference attended by CON-
TRACTOR, ENGINEER, and others as appropriate will be
held to review for acceptability to ENGINEER as provided
below the schedules submitted in accordance with paragraph
2.05.B. CONTRACTOR shall have an additional ten days to
make corrections and adjustments and to complete and
resubmit the schedules. No progress payment shall be made
to CONTRACTOR until acceptable schedules are submitted
to ENGINEER.
1. The progress schedule will be acceptable to
ENGINEER if it provides an orderly progression of the
Work to completion within any specified Milestones and
the Contract Times. Such acceptance will not impose on
ENGINEER responsibility for the progress schedule, for
sequencing, scheduling, or progress of the Work nor
interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor.
2. CONTRACTOR's schedule of Shop Drawing and
Sample submittals will be acceptable to ENGINEER if it
provides a workable arrangement for reviewing and
processing the required submittals.
3. CONTRACTOR's schedule of values will be
acceptable to ENGINEER as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
3.01 Intent
A.
The Contract
Documents
are complementary; what
is called
for by one is
as binding as if called for by all.
B. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be
constructed in accordance with the Contract Documents.
Any labor, documentation, services, materials, or equipment
that may reasonably be inferred from the Contract Docu-
ments or from prevailing custom or trade usage as being
required to produce the intended result will be provided
whether or not specifically called for at no additional cost to
OWNER.
C. Clarifications and interpretations of the Contract
Documents shall be issued by ENGINEER as provided in
Article 9.
3.02 Reference Standards
A. Standards, SpecCcations, Codes, Laws, and
Regulations
1. Reference to standards, specifications, manuals,
or codes of any technical society, organization, or
association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
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except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard, specification,
manual or code, or any instruction of a Supplier shall be
effective to change the duties or responsibilities of
OWNER, CONTRACTOR, or ENGINEER, or any of
their subcontractors, consultants, agents, or employees
from those set forth in the Contrac: Documents, nor shall
any such provision or instruction be effective to assign to
OWNER, ENGINEER, or any of ENGINEER's
Consultants, agents, or employees any duty or authority
to supervise or direct the performance of the Work or any
duty or authority to undertake responsibility inconsistent
with the provisions of the Contract Documents.
' 3.03 Reporting and Resolving Discrepancies
A. Reponing Discrepancies
1. If, during the performance of the Work,
CONTRACTOR discovers any conflict, error, ambiguity,
or discrepancy within the Contract Documents or between
the Contract Documents and any provision of any Law or
Regulation applicable to the performahce of the Work or
of any standard, specification, manual or code, or of any
instruction of any Supplies, CONTRACTOR shall report
it to ENGINEER in writing at once. CONTRACTOR
shall not proceed with the Work affected thereby (except
in an emergency as required by paragraph 6.16.A) until
an amendmen: or supplement :o the Contract Documents
has been issued by one of the methods indicated in
paragraph 3.04; provided, however, that CONTRACTOR
shall not be liable to OWNER or ENGINEER for failure
to report any such conflict, error, arbigairy, or dis-
crepancy unless CONTRACTOR knew or reasonably
should have known thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated in
the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error, ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not specifi-
cally incorporated by reference in the Contract
Documents); or
b. the provisions of any Laws or Regulations
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).
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide
for additions, deieticns, and revisions in the Work or to
modify the terms and conditions thereof in one or more of the
following ways: (i) a Written Amendment; (ii) a Change
Order; or (iii) a Work Change Directive.
B. The requirements of the Contract Documents may be
supplemented, and minor variations and deviations in the
Work may be authorized, by one or more of the following
ways: (i) a Field Order; (ii) ENGINEER's approval of a
Shop Drawing or Sample; or (iii) ENGINEER's written
interpretation or clarification.
3.05 Reuse of Documents
A. CONTRACTOR and any Subcontractor or Supplier
or other individual or entity performing or furnishing any of
the Work under a direct or indirect contract with OWNER:
(i) shall not have or acquire any title to or ownership rights
in any of the Drawings, Specifications, or other documents
(or copies of any thereof) prepared by or bearing the seal of
ENGINEER or ENGINEER's Ccasultant, including
electronic media editions; and (ii) shall not reuse any of such
Drawings, Specifications, other documents, or copies thereof
on extensions of the Project or any other project without
written consen: of OWNER and ENGINEER and specific
written verification or adaption by ENGINEER. This
prohibition will survive final payment, completion, and
acceptance of the Work, or termination or completion of the
Contract. Nothing herein shall preclude CONTRACTOR
from retaining copies of the Contact Documents for record
purposes.
ARTICLE 4 - AVAILABILITY OF LANDS;
SUBSURFACE AND PHYSICAL CONDITIONS;
REFERENCE POINTS
4.01 Availability ofLands
A. OWNER shall furnish the Site. OWNER shall notify
CONTRACTOR of any encumbrances or restrictions not of
general application but specifically related to use of the Site
with which CONTRACTOR must comply in performing the
Work. OWNER will obtain in a timely manner and pay for
easements for permanent structures or permanent changes in
existing facilities. If CONTRACTOR and OWNER are
unable to agree on entitlement to or on the amount or extent,
if any, of any adjustment in the Contract Price or Contract
Times, or both, as a result of any delay in OWNER's
furnishing the Site, CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
['I'ylent
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B. Upon reasonable written request, OWNER shall
furnish CONTRACTOR with a current 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 or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. CONTRACTOR shall provide for all additional lands
and access thereto that may be required for temporary
construction facilities or storage of materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
ENGINEER has used in preparing the Contract Docu-
ments; and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) that
ENGINEER has used in preparing the Contract
Documents.
B. Limited Reliance by CONTRACTOR on Technical
Data Authorized: 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 Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER, or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences, and procedures of construction to
be employed by CONTRACTOR, and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions, and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions, or information.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If CONTRACTOR believes that any subsur-
face or physical condition at or contiguous to the Site that is
uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraph 4.02 is materially
inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated in
the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized 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 the subsurface or
physical conditions or performing any Work in connection
therewith (except in an emergency as required by paragraph
6.16.A), notify OWNER and ENGINEER in writing about
such condition. CONTRACTOR shall not further disturb
such condition or perform any Work in connection therewith
(except as aforesaid) until receipt of written order to do so.
B. ENGINEER's Review: After receipt of written notice
as required by paragraph 4.03.A, ENGINEER will promptly
review the pertinent condition, determine the necessity of
OWNER's obtaining additional exploration or tests with
respect thereto, and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and
conclusions.
00700-12
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in
CONTRACTOR's cost of, or time required for, perfor-
mance of the Work; subject, however, to the following:
a. such condition must meet any one or more of
the categories described in paragraph 4.03.A; and
b. 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 9.08
and 11.03.
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2. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Contract Tiu'ss if:
a. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a
final commitment to OWNER it. respect of Contract
Price and Contract Tines by the submission of a Bid
or becoming bound under a negotiated contract; or
b: the existence of such condition could
reasonabiy 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 CON-
TRACTOR prior to CONTRACTOR's making such
final commitment; or
c. CONTRACTOR failed to give the written
notice within the time and as required by paragraph
4.03.A.
If OWNER and CONTRACTOR are unable to
agree on er-titlemeni to or on the amount or extent, if any,
of any adjustment in, the Contract Price or Contract
Times, or both, a Clair- may be made therefor as
provided in paragraph 10.05. i-iowevcr, OWNER,
ENGINEER, and ENGINEER's Consultants shall not be
liable to CONTRACTOR for any claims, toss, tosses, or
damages (including but not !invited to all fees and charges
of engineers, architects, anorneys, and other professionals
and ail coup or arbitration or other dispute resolution
costs) sustained by CONTRACTOR on or in connection
with any other project or anticipated project.
4.04
Underground Facilities
A. Shown or Indicated: The information and data shown
' or indicated in the Contract Documents with respect to
existing Underground Facilities at or contiguous to the Site
is based on information and data furnished to OWNER or
�ENGI-NEER by the owners of such Underground Facilities,
including OWNER, or by others. Unless it is otherwise
expressly provided in the Supplementary Conditions:
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1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any such
information or data; and
2. the cost of all of the following will be included in
the Contract Price, and CONTRACTOR shall have full
responsibility for:
a. reviewing and checking ail such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including OWNER.
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage thereto
resulting from the Work.
B. Nor Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
o: indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, 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 required by paragraph 6.16.A), 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
Faciily 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 or
location of the Underground Facility. During such time,
CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility.
2. If ENGINEER concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order wi l be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price of Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that CONTRACTOR did not know of and could not
reasonably have beer. expected to be aware of or to have
anticipated. If OWNER and CONTRACTOR are unable
to agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or Contract
Times, OWNER or CONTRACTOR may make a Claim
therefor as provided in paragraph 10.05.
4.05 Reference Points
A. OWNER shall provide engineering surveys to
establish refereoce points for construction which in
ENGINEER'S judgment are necessary to enable CON-
TRACTOR to proceed with the Work. CONTRACTOR
shall be responsible for laying out the Work, shall protect and
preserve the established reference points and property
00700 - i3
monuments, and shall make no changes or relocations
without the prior written approval of OWNER.
CONTRACTOR shall report to ENGINEER whenever any
reference point or property monument is lost or destroyed or
requires relocation because of necessary changes in grades or
locations, and shall be responsible for the accurate
replacement or relocation of such reference points or
property monuments by professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to the
Supplementary Conditions for the identification of those
reports and drawings relating to a Hazardous Environmental
Condition identified at the Site, if any, that have been utilized
by the ENGINEER in the preparation of the Contract
Documents.
B. Limited Reliance by COP/TRACTOR on Technical
Data Authorized: 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 Supplementary Conditions. Except for such reliance on
such "technical data," CONTRACTOR may not rely upon or
make any Claim against OWNER, ENGINEER or any of
ENGINEER's Consultants with respect to:
1. the completeness of such reports and drawings
for CONTRACTOR's purposes, including, but not
limited to, any aspects of the means, methods,
techniques, sequences and procedures of construction to
be employed by CONTRACTOR and safety precautions
and programs incident thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any CONTRACTOR interpretation of or
conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. CONTRACTOR shall not be responsible for any
Hazardous Environmental Condition 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. CONTRACTOR shall be
responsible for a Hazardous Environmental Condition created
with any materials brought to the Site by CONTRACTOR,
Subcontractors, Suppliers, or anyone else for whom CON-
TRACTOR is responsible.
D. If CONTRACTOR encounters a Hazardous
Environmental Condition or if CONTRACTOR or anyone for
whom CONTRACTOR is responsible creates a Hazardous
Environmental Condition, CONTRACTOR shall immedi-
ately: (i) secure or otherwise isolate such condition; (ii) stop
all Work in connection with such condition and in any area
affected thereby (except in an emergency as required by
paragraph 6.16); and (iii) notify OWNER and ENGINEER
(and promptly thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concerning
the necessity for OWNER to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. CONTRACTOR shall not be required to resume
Work in connection with such condition or in any affected
area until after OWNER has obtained any required permits
related thereto and delivered to CONTRACTOR written
notice: (i) specifying that such condition and any affected
area is or has been rendered safe for the resumption of Work;
or (ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and
CONTRACTOR cannot agree as to entitlement to or on the
amount or extent, if any, of any adjustment in Contract Price
or Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is agreed
to be resumed by CONTRACTOR, either party may make a
Claim therefor as provided in paragraph 10.05.
F. If after receipt of such 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 the portion of the Work that is in the
area affected by such condition to be deleted from the Work.
If OWNER and CONTRACTOR cannot agree as to
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result of
deleting such portion of the Work, then either parry may
make a Claim therefor as provided in paragraph 10.05.
OWNER may have such deleted portion of the Work
performed by OWNER's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, OWNER shall Jndemnii and hold harmless
CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants and the officers, directors,
partners, employees, agents, other consultants, and
subcontractors of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to a
Hazardous Environmental Condition, provided that such
Hazardous Environmental Condition: (i) was not shown or
indicated in the Drawings or Specifications or identified in
the Contract Documents to be included within the scope of
the Work, and (ii) was not created by CONTRACTOR or by
anyone for whom CONTRACTOR is responsible. Nothing
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•in this paragraph 4.06.E shall obligate OWNER to indemnify
any individual or entity from and against the consequences of
that individual's or entirv's own negligence.
} H. To the fullest extent permitted by Laws and
Regulations. CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER. ENGINEER's Consultants,
•d the officers, directors, parmers, employees, agents, other
onsultars, and subcontractors of each and any of them from
and again: all claims, costs, losses, and damages (including
tt not limited to all fees and charges of engineers,
chaects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
ela.ing to a Hazardous Environmental Condition created by
.•ONTRACTOR or by anyone for whom CONTRACTOR is
esporsible. Nothing in this paragraph 4.06.F shall obligate
CONTRACTOR to indemnify any individual or entity from
r.d against the consequences of that individual's or entity's
e� wo negligence.
I. The provisions of paragraphs 4.02, 4.03, and 4.04
e not intended to apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
kaTICLE 5 - BONDS AND INSURANCE
t
.01 Peforrnarce, Payment, and Other Bonds
A. CONTRACTOR shall furnish performance and
•aymetr Bonds, each it an amount at least egaal to the
Contract Price as security for the faithful performance and
*ayment of all CONTRACTOR's obligations under the
onnact Documents. These Bonds shall remain... effect at
teas: until one year after the date when final payment
ecomes due, except as provided otherwise by Laws o:
egulatiors or by the Contract Docuznens CONTRACTOR
hall also f r nish such other Bonds as are required by the
Contract Documents.
Mt B. A!! Bonds shall be in the form prescribed by the
Contract Documents except as provided otherwise by Laws
Regulations, and shall be executed by such sureties as are
Sr
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
�70 (amended) by the Financial Management Service, Surety
and Branch, U.S. Department of the Treasury. All Bonds
signed by an agent must be accompanied by a certified copy
If such agent's authority to act.
C. If the surety on hay Bond furnished by CON -
�I _kCTOR is declared bankrupt or becomes insolvent or its
gbt to do business is terminated in any state where any part
of the Project is located or it ceases to meet the requiremen:s
of paragraph 5.01.B, CONTRACTOR shall within 20 days
thereafter substitute another Bond and surety, both of which
shall comply with the requirements of paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the
jurisdiction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be provided
in the Supplementary Conditions.
5.03 Certificates of Insurance
A. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain. OWNER shall deliver to
CONTRACTOR, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance requested by
CONTRACTOR or any other additional insured) which
OWNER is required to purchase and maintait.
5.0a CONTRACTOR's Liabi!iry Insurance
A. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and as will provide protection from claims
set forth below which may arise out of or result from
CONTRACTOR's performance of the Work and
CONTRACTOR's other obligations under the Contract
Documents, whether it is to be performed by
CONTRACTOR, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to
perform any of the Work, or by anyone for whose acts any
of them may be liable:
1. claims under workers' compensation, disability
benefits, and other similar employee benefit acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of
CONTRACTOR's employees;
3. cairns for damages because of bodily injury,
siclmess or disease, or death of any person other than
CONTRACTOR's employees:
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4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained: (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. 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
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The
policies
of insurance
so required by this
paragraph 5.04
to be
purchased
and
maintained shall:
1. with respect to insurance required by paragraphs
5.04.A.3 through 5.04.A.5 inclusive, include as
additional insureds (subject to any customary exclusion in
respect of professional liability) OWNER, ENGINEER,
ENGINEER's Consultants, and any other individuals or
entities identified in the Supplementary Conditions, all of
whom shall be listed as additional insureds, and include
coverage for the respective officers, directors, partners,
employees, agents, and other consultants and
subcontractors of each and any of all such additional
insureds, and the insurance afforded to these additional
insureds shall provide primary coverage for all claims
covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
3. include completed operations insurance;
4. include contractual liability insurance covering
CONTRACTOR's indemnity obligations under para-
graphs 6.07, 6.11, and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, 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 Supplementary Conditions to whom a
certificate of insurance has been issued (and the
certificates of insurance furnished by the CONTRACTOR
pursuant to paragraph 5.03 will so provide);
6. remain in effect at least until final payment and
at all times thereafter when CONTRACTOR may be
correcting, removing, or replacing defective Work in
accordance with paragraph 13.07; and
7. with respect to completed operations insurance,
and any insurance coverage written on a claims -made
basis, remain in effect for at least two years after final
payment (and CONTRACTOR shall furnish OWNER and
each other additional insured identified in the Supple-
mentary Conditions, 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).
5.05 OWNER's Liabiliry Insurance
A. In addition to the insurance required to be provided
by CONTRACTOR under paragraph 5.04, OWNER, at
OWNER's option, may purchase and maintain at OWNER's
expense OWNER's own liability insurance as will protect
OWNER against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the Site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER's
Consultants, and any other individuals or entities identi-
fied in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an additional insured;
2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at
least include insurance for physical loss or damage to the
Work, temporary buildings, false work, and materials and
equipment in transit, and shall insure against at least the
following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, and such other perils or
causes of loss as may be specifically required by the
Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
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4. cover materials and equipment stored at the Site
' or at another location that was agreed to in writing by
OWNER prior to being incorporated in the Work,
provided that such materials and equipment have been
1 included in an Application for Payment recommended by
ENGINEER;
' 5. allow for partial utilization of the Work by
OWNER;
6. include testing and starup; and
' 7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by OWNER,
• CONTRACTOR, and ENGINEER with 30 days written
notice to each other additional insured to whom a certifi-
cate of insurance has been issued.
B. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR, Subcontractors, ENGINEER
ENGINEER's Consultants, and any other individuals or
'endues identified in the Supplementary Conditions, each of
whom is deemed to have an insurable interest and shall be
listed as an insured or additional insured.
C. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and
• maintained in accordance with paragraph 5.06 will contain a
ovision or endorsement that the coverage afforded will not
canceled or materially changed or renewal refused until at
least 30 days prior written notice has been given to OWNER
�nd CONTRACTOR and to each other additional insured to
horn a certificate of insurance has been issued and will
contain waiver provisions in accordance with paragraph 5.07.
D. OWNER shall not be responsible for purchasing and
amtaining any property insurance specified in this
leductible
aragraph 5.06 to protect the interests of CONTRACTOR,
ubcontractors, or others in the Work to the extent of any
amounts that are identified in the Supplementary
Conditions. The risk of loss within such identified deductible
ount will be borne by CONTRACTOR, Subcontractors,
r others suffering any such loss, and if any of them wishes
property insurance coverage within the limits of such
Irpunts, each may purchase and mainain it at the
chaser's own expense.
E. If CONTRACTOR requests in writing that other
)ecial insurance be included in the property insurance
licies provided under paragraph 5.06, OWNER shall, if
possible, include such insurance, and the cost thereof will be
•arged
to CONTRACTOR
by
appropriate Change
Order or
'riven
Amendment. Prior
to
commencement of
the Work
at the Site, OWNER shall in writing advise CONTRACTOR
whether or not such other`r•.:rarce has been procured by
OWNER.
5.07 Waiver of Rights
A. OWNER and CONTRACTOR intend that all policies
purchased in accordance with paragraph 5.06 will protect
OWNER, CONTRACTOR, Subcontractors, ENGINEER,
ENGINEER's Consultants, and all other individuals o:
entities identified in the Supplementary Conditions to be
listed as insureds or additional insureds (and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors of each and any of them) in such policies
and will provide primary coverage for all losses and damages
caused by the perils or causes of loss covered thereby. Ali
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 CONTRAC-
TOR waive all rights against each other and their respective
officers, directors, parmers, employees, agents, and other
consultants and subcontractors of each and any of them for
all losses and damages caused by, arising out of or resulting
from any of the perils or causes of loss 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 individuals or entities identified in the Supplemen-
tary Couditions to be listed as insureds or additional insureds
(and the officers, directors, parmers, employees, agents, and
other consultants and subcontractors of each and any of them)
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any parry
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
B. OWNER waives all rights against CONTRACTOR,
Subcontractors, ENGINEER, ENGINEER's Consultants, and
the officers, directors, parmers, employees, agents, and other
consultants and subcontractors of each and any of them for:
I. loss due to business interruption, loss of use, or
other consequential loss extending beyond direct physical
loss or damage to OWN'ER's property or the Work
caused by, arising out of, or resulting from fife or other
peril whether or not insured by OWNER; and
2. loss or damage to the completed Project or pan
thereof caused by, arising out of, or resulting from fire or
other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or pat thereof by OWNER during partial utilization
pursuant to paragraph 14.05, after Substantial Completion
1 00700-17
pursuant to paragraph 14.04, or after final payment
pursuant to paragraph 14.07.
C. Any insurance policy maintained by OWNER cover-
ing any loss, damage or consequential loss referred to in
paragraph 5.07.B 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 CONTRACTOR, Subcontractors,
ENGINEER, or ENGINEER's Consultants and the officers,
directors, partners, employees, agents, and other consultants
and subcontractors. of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance
required by paragraph 5.06 will be adjusted with OWNER
and made payable to OWNER as fiduciary for the insureds,
as their interests may appear, subject to the requirements of
any applicable mortgage clause and of paragraph 5.08.B.
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.
B. 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 15 days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as fiduciary shall make
settlement with the insurers in accordance with such
agreement as the parties in interest may reach. If no such
agreement among the parties in interest is reached, OWNER
as fiduciary shall adjust and settle the*loss with the insurers
and, if required in writing by any party in interest, OWNER
as fiduciary shall give bond for the proper performance of
such duties.
5.09 Acceptance of Bonds and Insurance; Option to
Replace
A. If either 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 10 days after receipt of the certificates (or other
evidence requested) required by paragraph 2.05.C. 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 parry in writing of such failure to purchase
prior to the start of the Work, or of such failure to maintain
prior to any change in the required coverage. Without
prejudice to any other right or remedy, the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
required to provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acatowledgmenr of Property
Insurer
A. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in paragraph 14.05,
no such use or occupancy shall commence before the insurers
providing the property insurance pursuant to paragraph 5.06
have acknowledged notice thereof and in writing effected any
changes in coverage necessitated thereby. The insurers
providing the property insurance shall consent by endorse-
ment on the policy or policies, but the property insurance
shall not be canceled or permitted to lapse on account of any
such partial use or occupancy.
ARTICLE 6- CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. 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
Contract 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 OWNER or
ENGINEER 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
accurately with the Contract Documents.
B. At all times during the progress of the Work,
CONTRACTOR shall assign a competent resident superin-
tendent thereto who shall not be replaced without written
notice to OWNER and ENGINEER except under
extraordinary circumstances. The superintendent will be
CONTRACTOR's representative at the Site and shall have
authority to act on behalf of CONTRACTOR. All
communications given to or received from the superintendent
shall be binding on CONTRACTOR.
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6.02 Labor; Working Hours
1 A. CONTRACTOR shall provide competent, suitably
qualified personnel to survey, lay out, and construct the
Work as required by the Contract Documents. CON-
TRACTOR shall at all times maintain good discipline and
order at the Site.
U.S. 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 stated in the
NContract Documents, all Work at the Site shall be performed
during regular working hours, and CONTRACTOR will not
permit overtime work or the performance of Work on
1 Saturday, Sunday, or any legal holiday without OWNERS
written consent (which will not be unreasonably withheld)
given after prior written notice to ENGINEER.
6.05 Services, Materials, and Equipment
A. Unless otherwise specified in the General Re-
quirements, CONTRACTOR shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery, tools,
1 appliances, fuel, power, light, beat, telephone, water,
sanita:-v facilities, temporary fact_ities, and all other facilities
and incidentals necessary for the performance, testing,
start-up, and completion of the Work.
B. All materials and equipment incorporated into the
Work shall be as specified or, if not specified, shall be of
good quality and new, except as otherwise provided in the
Contract Documen:s. All warranties and guarantees
specifically called for by the Specifications shall expressiy
run to the benefit of OWNER. If required by ENGINEER,
CONTRACTOR shall furnish satisfactory evidence
(iaciuding reports of required tests) as to the source, kind,
and quality of materials and equipment. All materials and
id
shat! be stored, applied, ins:alied, connected,
erected, protected, used, cleaned, and conditioned in
accordance with instructions of the applicable Supplier,
except as otherwise may be provided in the Contract Docu-
ments.
16.04 Progress Schedule
A. CONTRACTOR shall adhere to the progress schedule
stablished in accordance with paragraph 2.07 as it may be
adjusted from time to time as provided below.
1. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.07)
proposed adjustments in the progress schedule that will
not result in changing the Contract Times (or Milestones).
Such adjustments will conform generally to the progress
schedule then in effect and additionally will comply with
•
any provisions of the General Requirements applicable
'Li'-,HJ
2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall
be submitted in accordance with the requirements of
Article 12. Such adjustments may only be made by a
Change Order or Written Amendment in accordance with
Article 12.
6.05 Substitutes and "Or -Equals"
A. Whenever an item of material or equ pment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function, appearance, and quality required.
Unless the specification or description contains or is followed
by words reading that no like, equivalent, or "or -equal" item
or no substitution is permitted, other items of material or
equipment or material or equipment of other Suppliers may
be submitted to ENGINEER for review under the circum-
stances described below.
1. "Or -Equal" Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR is functionally equal to that named and
sufficiently similar so that no change in related Work wili
be required, is may be considered by ENGINEER as an
"or -equal" item, in which case review arid approval of
the proposed item may, in ENGINEER's sole discretion,
be accomplished without compliance with some or all of
the requirements for approval of proposed substitute
items. For the purposes of this paragraph 6.05.A.1, a
proposed item of material or equipment will be
considered functionally equal to an item so named if:
a. in the exercise of reasonable judgment
ENGINEER determines that: (i) it is at least equal in
quality, durability, appearance, strength, and design
characteristics; (ii) it will reliably perform at least
equally well the function imposed by the design
concept of the completed Project as a functioning
whole, and;
b. CONTRACTOR certifies that: (i) there is no
increase in cost to the OWNER; and (ii) it will
conform substantially, even with deviations, to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
a. If in ENGINEER's sole discretion an item of
material or equipment proposed by CONTRACTOR
does not qualify as an "or -equal" item under
I00700-19
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paragraph 5.05.A. 1, it will be considered a proposed
substitute item.
b. CONTRACTOR shall submit sufficient
information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and
an acceptable substitute therefor. Requests for
review of proposed substitute items of material or
equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR.
c- The procedure for review by ENGINEER
will be as set forth in paragraph 6.05.A.2.d, as
supplemented in the General Requirements and as
ENGINEER may decide is appropriate under the
circumstances.
d. CONTRACTOR shall first make written
application to ENGINEER for review of a proposed
substitute item of material or equipment that
CONTRACTOR seeks to furnish or use. The
application shall cenify that the proposed substitute
item will perform adequately the functions and
achieve the results called for by the general design,
be similar in substance to that specified, and be suited
to the same use as that specified. The application
will state the extent, if any, to which the use of the
proposed substitute item will prejudice
CONTRACTOR's achievement of Substantial
Completion on time, whether or not use of the
proposed substitute item 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 item and whether or not
incorporation or use of the proposed substitute item
in connection with the Work is subject to payment of
any license fee or royalty. All variations of the pro-
posed substitute item from that specified will be
identified in the application, and available
engineering, sales, maintenance, repair, and
replacement services will be indicated. The
application will also contain an itemized estimate of
all costs or credits that will result directly or indi-
rectly from use of such substitute item, including
costs of redesign and claims of other contractors
affected by any resulting change, all of which will be
considered by ENGINEER in evaluating the proposed
substitute item. ENGINEER may require CON-
TRACTOR to furnish additional data about the pro-
posed substitute item.
B. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence, or procedure
of construction is shown or indicated in and expressly
required by the Contract Documents, CONTRACTOR may
furnish or utilize a substitute means, method, technique,
sequence, or procedure of construction approved by ENGI-
NEER. CONTRACTOR shall submit sufficient information
to allow ENGINEER, in ENGINEER's sole discretion, to
determine that the substitute proposed is equivalent to that
expressly called for by the Contract Documents. The proce-
dure for review by ENGINEER will be similar to that
provided in subparagraph 6.05.A.2.
C. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.05.A and 6.05.B.
ENGINEER will be the sole judge of acceptability. No
"or -equal" or substitute will be ordered, installed or utilized
until ENGINEER's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." ENGINEER will
advise CONTRACTOR in writing of any negative
determination.
D. Special Guarantee: OWNER may require CON-
TRACTOR to furnish at CONTRACTOR's expense a special
performance guarantee or other surety with respect to any
substitute.
E. ENGANHER's Cost Reimbursement: ENGINEER will
record time required by ENGINEER and ENGINEER's
Consultants in evaluating substitute proposed or submitted by
CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B
and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER approves a substitute item so proposed or
submitted by CONTRACTOR, CONTRACTOR shall
reimburse OWNER for the charges of ENGINEER and
ENGINEER's Consultants for evaluating each such proposed
substitute.
F. CONTR4CTOR's Expense: CONTRACTOR shall
provide all data in support of any proposed substitute or
"or -equal" at CONTRACTOR's expense.
6.06 Concerning Subcontractors, Suppliers, and Others
A. CONTRACTOR shall not employ any Subcontractor,
Supplier, or other individual or entity (including those
acceptable to OWNER as indicated in paragraph 6.06.B),
whether initially or as a replacement, against whom OWNER
may have reasonable objection. CONTRACTOR shall not be
required to employ any Subcontractor, Supplier, or other
individual or entity to furnish or perform any of the Work
against whom CONTRACTOR has reasonable objection.
B. If the Supplementary Conditions require the identity
of certain Subcontractors, Suppliers, or other individuals or
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entities to be submitted to OWNER in advance for acceptance
by OWNER by a specified date prior to the Effective Date of
the Agreement, and if CONTRACTOR has submitted a list
thereof in accordance with the Supplementary Conditions,
OWNER's acceptance (either in writing or by failing to make
written objection thereto by the date indicated for acceptance
Mor obi^_ction in the Bidding Documents or the Contract
Documents) of any such Subcontractor, Supplier, Cr other
individual or entity so identified may be revoked or, the basis
of reasonable objection after due investigation. CON-
• TRACTOR shall subait an acceptab;^_ replacement for the
rejected Subcontractor, Supplier, or other individual or
entity, and the Contract Price will be adjusted by the differ-
ence in the cost occasioned by such replacement, and an
appropriate Change Order will be issued or Witten
k-nendment signed. No acceptance by OWNER of any such
Subcontractor, Supplier, or other individuai or entity,
• whether initially or as a replace itnt, shall constinre a
• waiver of any right of OWNER or ENGINEER to reject
defective Work.
C. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or entities
•performing or furnishing any of the Work just as
• CONTRACTOR is responsible for CONTRACTOR's own
acts and omissions. Nothing in the Contract Documents shall
crate for the benefit of any such Subcontractor, Supplier, or
other individual or entity any contractual relationship between
OWNER or ENGINEER and any such Subcontractor,
rSupplier or other individual or entity, nor shall it create any
obligation on the part of OWNER c: ENGINEER to pay or
to see to the payment of any moneys due any such Su'txon-
'-actor, Supplier, or other individual or entity except as may
otherwise be required by Laws and Regulations.
D. CONTRACTOR shall be solely responsible for
Ischeduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect contract
Wit CONTRACTOR.
E. CONTRACTOR shall require all Subcontractors,
tSuppliers, and such other individuals or entities pedormicg
ot furnishing any of the Work to communicate with ENGI-
NEER through CONTRACTOR.
F. The divisions and sections of the Specifications and
he identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors
: Suppliers or delineating the Work to be performed by any
pecific trade.
or Supplier which specifically binds the Subcontractor or
Supplier to the applicable terms and conditions of the
Contract Documents for the benefit of OWNER and
ENGINEER. Whenever any such agreement is with a
Subcontractor or Supplier who is listed as an additional
insured on the property insurance provided in paragraph
5.06, the agreement between the CONTRACTOR and the
Subcontractor or Supplier will contain provisions whereby
the Subcontractor or Supplier waives all rights against
OWNER, CONTRACTOR, ENGINEER, ENGINEER's
Consultants, and all other individuals or entities identified in
the Supplementary Conditions to be listed as insureds or
additional insureds (and the officers, directors, partners,
employees, agents, and other consultants and subcontractors
of each and any of them) for all losses and damages caused
by, rising out of, relating to, or resulting from any of the
perils or causes of loss covered by such policies and any
other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms
to be signed by any Subcontractor or Supplier, CONTRAC-
TOR will obtain the same.
6.07 Parent Fees and Royalties
A. CONTRACTOR shall pay all license fees and
royalties 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 paticulu invention, desie , process, product, or device is
specified in zce Contact Documents for use in the
performance of the Work and if to the actual knowledge of
OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or
royalty to others, the existence of such rights shall be
disclosed by OWNER in the Contract Documents. To the
fullest extent pertained by Laws and Regulations.
CONTRACTOR shall indemnify and hold harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
officers, directors, partners, employees or agents, and other
consultants of each and any of them from and against all
claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) arising out of or relating to any
infringement of patent rights or copyrights incident to the use
in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process.
product or device not specified in the Contract Documents,
6.08 Permits
A. Unless otherwise provided it.. the Supplementary
IG. All Work performed for CONTRACTOR by a Cond:uccs, CONTRACTOR shall obtain and pay for all
ubcocrac:or or Supplier will be pursuant to an appropriate construction permits and licenses. OWNER shall assist
agreement between CONTRACTOR and the Subcontractor CONTRACTOR, when necessary, in obtaining such permits
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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. CONTRACTOR shall pay all charges of utility
owners for connections to the Work, and OWNER shall pay
all charges of such utility owners for capital costs related
thereto, such as plant investment fees.
6.09 Laws and Regulations
A. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to the performance
of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor
ENGINEER shall be responsible for monitoring
CONTRACTOR's compliance with any Laws or Regulations.
B. 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 (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work:
however, it shall not be CONTRACTOR's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations but
this shall not relieve CONTRACTOR of CONTRACTOR's
obligations under paragraph 3.03.
C. Changes in Laws or Regulations not known at the
time of opening of Bids (or, on the Effective Date of the
Agreement if there were no Bids) having an•effect on the cost
or time of performance of the Work may be the subject of an
adjustment in Contract Price or Contract Times. If OWNER
and CONTRACTOR are unable to agree on entitlement to or
on the amount or extent, if any, of any such adjustment, a
Claim may be made therefor as provided in paragraph 10.05.
6.10 Taxes
A. CONTRACTOR shall pay all sales, consumer, use,
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the
performance of the Work.
6.11 Use of Sire and Other Areas
A. Limitation on Use of Site and Other Areas
1. CONTRACTOR shall confine construction
equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. 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
arbitration or other dispute resolution proceeding or at
law.
3. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold
harmless OWNER, ENGINEER, ENGINEER's
Consultant, and the officers, directors, parmers,
employees, agents, and other consultants of each and any
of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to 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.
•B. Removal of Debris During Performance of the Work:
During the progress of the Work CONTRACTOR shall keep
the Site and other areas free from accumulations of waste
materials, rubbish, and other debris. Removal and disposal
of such waste materials, rubbish, and other debris shall con-
form to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of the
Work CONTRACTOR shall clean the Site and make it ready
for utilization by OWNER. At the completion of the Work
CONTRACTOR shall remove from the Site all tools,
appliances, construction equipment and machinery, and
surplus materials and shall restore to original condition all
property not designated, for alteration by the Contract
Documents.
D. Loading Structures: 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.
6.12 Record Documents
A. CONTRACTOR shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Written Amendments, Change Orders, Work
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Change Directives, Field Orders, and written interpretations
and clarifications W good order and annotated to show
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 Drawings will be delivered to
ENGINEER for OWNER.
6.13 S.afey and Protection
A. CONTRACTOR shall be solely responsible for
initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. CONTRACTOR
hall take all necessary precautions for the safety of, and
hall provide the necessary protection to prevent damage,
injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to be
inccrporaied therein, whether in storage or. or off the
Site; and
3. other property at the Site or adjacent thereto,
rcludin0 trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
• not designated for removal, relocation, or replacement in
the course of construction.
B. CONTRACTOR shall comply with all applicable
ws and Regulations relating to the safety of persons or
��rooe try, or to the protection of persons or property from
amage, injury, or loss; and shall erect and maintain all
ecessary safeguards for such safety and protection.
CONTRACTOR shall notify owners of adjacent property and
If Underground Facilities and other utility owners when
osecution of the Work may affect them, and shall cooperate
with them in the protection, removal, relocation, and
splacemem of their property. All damage, injury, or loss to
y property referred to in paragraph 6.13.A.2 or 6.13.A.3
caused, directly or indirectly, in whole or in part, by CON-
TRACTOR, any Subcontractor, Supplier, or any other
1.dividual or entity directly or indirectly employed by any of
=em to perform any of the Work, or anyone for whose acts
any of them may be liable, shall. be remedied by
NTRACTOR (except damage or loss attributable to the
c It of Drawings or Specifications or to the acts or
omissions of OWNER or ENGINEER or ENGINEER'S Con-
1'r,ecti.y
tant. or anyone employed by any of them, or anyone for
ose acts arty of them may be liabie, and not attributable,
cr indirectly, in whole or in part, to the fault or
gijgence of CONTRACTOR or any Subcontractor,
omier. or other individual or entity directly or indirectly
.,.p!oyed 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 paragraph 14.07.B that
the Work is acceptable (except as otherwise expressly
provided in connection with Substantial Completion).
6.14 Safety Representative
A. CONTRACTOR shall designate a qualified and
experienced safety representative at the Site whose duties and
responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and
programs.
6.15 AaZard Communication Programs
A. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to
or exchcged between or among employers at the Site in
accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of
persons or the Work Cr properry at the Site or adjacent
thereto, CONTRACTOR is obligated to act to prevent
threatened damage, injury, or loss. CONTRACTOR shall
give ENGINEER prompt written notice if CONTRACTOR
believes that any significant charg•s in the Work or
variations from the Contract Dccurnents have been caused
thereby or are required as a result thereof. If ENGINEER
determines that a change in the Contract Documents is
required because of the action taken by CONTRACTOR in
response to such an emergency, a Work Change Directive or
Change Order will be issued.
6.17 Shop Drawings and Samples
A. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
submittals. All submittals will be identified as ENGINEER
may require and in the number of copies specified in the
General Requirements. The data shown on the Shop
Drawings will be complete with respect to quantities, dimen-
sions, specified performance and design criteria, materials,
and similar data to show ENGINEER the services, materials,
and equipment CONTRACTOR proposes to provide and to
enable ENGINEER to review the information for the limited
purposes required by paragraph 6.17.E.
B. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with the
acceptable schedule of Shop Drawings and Sample
1 00700-23
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submittals. Each Sample will be identified clearly as to
material, Supplier, pertinent data such as catalog numbers,
and the use for which intended and otherwise as ENGINEER
may require to enable ENGINEER to review the submittal
for the limited purposes required by paragraph 6.17.E. The
numbers of each Sample to be submitted will be as specified
in the Specifications.
C. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submittals acceptable to ENGINEER as required by
paragraph 2.O7, . any related Work performed prior to
ENGINEER's review and approval of the pertinent submittal
will be at the sole expense and responsibility of
CONTRACTOR.
D. Submirial Procedures
1. Before submitting each Shop Drawing or Sample,
CONTRACTOR shall have determined and verified:
a. all field measurements, quantities, dimen-
sions, specified performance criteria, installation
requirements, materials, catalog numbers, and
similar information with respect thereto;
b. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly,
and installation pertaining to the performance of the
Work;
c. all information relative to means, methods,
techniques, sequences, and procedures of construc-
tion and safety precautions and programs incident
thereto; and
d. CONTRACTOR shall also have reviewed
and coordinated each Shop Drawing or Sample with
other Shop Drawings and Samples and with the
requirements of the Work and the Contract Docu-
ments.
2. Each submittal shall bear a stamp or specific
written indication that CONTRACTOR has satisfied
CONTRACTOR's obligations under the Contract
Documents with respect to CONTRACTOR's review and
approval of that submittal.
3. At the time of each submittal, CONTRACTOR
shall give ENGINEER specific written notice of such
variations, if any, that the Shop Drawing or Sample
submitted may have from the requirements of the
Contract Documents, such notice to be in a written com-
munication separate from the submittal; and, in addition,
shall cause a specific notation to be made on each Shop
Drawing and Sample submitted to ENGINEER for review
and approval of each such variation.
E. ENGINEER's Review
1. ENGINEER will timely review and approve
Shop Drawings and Samples in accordance with the
schedule of Shop Drawings and Sample submittals
acceptable to ENGINEER. ENGINEER's review and
approval will be only to determine if the items covered by
the submittals will, after installation or incorporation in
the Work, conform to the information given in the
Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole
as indicated by the Contract Documents.
2. ENGINEER's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of
construction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. ENGINEER's review and approval of Shop
Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the require -
menu of the Contract Documents unless CONTRACTOR
has in writing called ENGINEER's attention to each such
variation at the time of each submittal as required by
paragraph 6.17.D.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 6.17.D.1.
F. Resubmirral Procedures
1. CONTRACTOR shall make corrections required
by ENGINEER and shall return the required number of
corrected copies of Shop Drawings and submit as
required new Samples for review and approval. CON-
TRACTOR shall direct specific attention in writing to
revisions other than the corrections called for by ENGI-
NEER on previous submittals.
6.18 Continuing the Work
• A. 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
pending resolution of any disputes or disagreements, except
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as permitted by paragraph 15.O4 or as OWNER and
ICONTR.ACTOR may otherwise agree in writing.
6.15 CC!. RS C: OR's Gerercl 'Warren.) and Guaramee
A. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER, and ENGINEER's Consultants that
`all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defecs or damage caused by:
I. abuse, modirfcation, or improper- maintenance or
operation by persons other than CONTRACTOR, Sub-
contractors, Suppliers, or anv other individual or entity
for whom CONTRACTOR is responsible; or
2 normal wear and tear under normal usage.
B. CONTRACTOR's obligation to perform and
complete the Work in accordance with the Contract
ocu,:ments shall be absolute. None of the following will
onstimte an acceptance of Work that is not in accordance
it': the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in
accordance with the Conrac; Documents:
1. observations by ENGINEER;
2. recommendation by ENGINEER or payment by
OWNER of any progress or fatal payment;
3. the issuance of a certificate of Substantial
Completion by ENGINEER or any payment related
thereto by OWNER;
4. use or occupancy of the Work or any part thereof
by OWNER;
5. any acceptance by OWNER or any failure to do
so;
6. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by ENGINEER;
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7. any inspection, test, or approval by others; or
8. any correction of defective Work by OWNER.
6.20 lnde=ificar on
A. To the fullest extent permitted by Laws and Regula-
ns, CONTRACTOR shall indemnify and held harmless
OWNER, ENGINEER, ENGINEER's Consultants, and the
fivers, directors, partners, employees, agents, and other
•rsidtans and subcontractors of each and any of them from
and against all claims, costs, losses, and damages.(including
but not limited to all feet :nd charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of or
relating to the performance of the Work, provided that any
such claim, cost, loss, or damage:
1. 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
2. is caused in whole or in part by any negligent act
or omission. of CONTRACTOR, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work or
anyone for whose acts any of them may be liable,
regardless of whether or not caused in part by any
negligence or omission of an individual or entity indem-
nified hereunder or whether liability is imposed upon such
indemnified party by Laws and Regulations regardless of
the negligence of any such individual or entity.
B. In arty and all claims against OWNER or ENGINEER
or any of their respective consultants, agents, officers,
directors, partners, or employees by any employee (or the
survivor or personal representative of such employee) of
CONTRACTOR, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any of
them to perform any of the Work, or anyone for whose acts
any of them may be liable, the indemnification obligation
under paragraph 6.20.A 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 individual or
entity under workers' compensation acts, disability benefit
acts, or other employee benefit acts.
C. The indemnification obligations of CONTRACTOR
under paragraph 6.20.A shall not extend to the liability of
ENGINEER and ENGINEER's Consultants or to the
officers, directors, partners, employees, agents, and other
consultants and subcontractors of each and any of them
arising out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps. Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
' 00700 - 25
ARTICLE 7 - OTHER WORK
7.01 Related Work at Site
A. OWNER may perform other work related to the
Project at the Site by OWNER's employees, or let other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents. then:
1. written notice thereof will be given to CON-
TRACTOR prior to starting any such other work; and
2. if OWNER and CONTRACTOR are tenable to
agree on entitlement to or on the amount or extent, if any,
of any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in paragraph
10.05.
B. 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 other 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 coordinate the Work with theirs.
Unless otherwise provided in the Contract Documents, CON-
TRACTOR shall do all cutting, fining, and patching of the
Work that may be required to properly connect or otherwise
make its several parts come together and properly integrate
with such other work. CONTRACTOR shall not endanger
any work of others by cutting, excavating, or otherwise
altering their work and will only cut or alter their work with
the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of
CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of
CONTRACTOR in said direct contracts between OWNER
and such utility owners and other contractors.
C. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect
such other work and promptly report to ENGINEER in
writing any delays, defects, or deficiencies in such other
work that render it unavailable or unsuitable for the proper
execution and results of CONTRACTOR's Work.
CONTRACTOR's failure to so report will constitute an
acceptance of such other work as fit and proper for
integration with CONTRACTOR's Work except for latent
defects and deficiencies in such other work.
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7.02 Coordination
A. If OWNER intends to contract with others for the
performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority
and responsibility for coordination of the activities among
the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities
will be provided.
B. Unless otherwise provided in the Supplementary
Conditions, OWNER shall have sole authority and respon-
sibility for such coordination.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to
CONTRACTOR through ENGINEER.
8.02 Replacement of ENGINEER
A. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer to whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.03 Furnish Data
A. OWNER shall promptly furnish the data required of
OWNER under the Contract Documents.
8.04 Pay Promptly When Due
A. OWNER shall make payments to CONTRACTOR
promptly when they are due as provided in paragraphs
14.02.C and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.01 and 4.05.
Paragraph 4.02 refers to OWNER's identifying and making
available to CONTRACTOR copies of reports of explorations
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'and tests of subsurface conditions and drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the Site that have been utiiized
by ENGINEER in preparing the Contract Documents.
8.06 Insurance
A. OWNER's responsibilities, if any, in respect to pur-
• chasing and maintaining liability and property insurance are
set forth i'. Article 5,
8.07 Change Orders
A. OWNER is obligated to execute Change Orders as
' indicated in paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. OWNER's responsibility in respect to certain inspec-
dons, tests, and approvals is set forth in paragraph 13.03.B.
8.09 Limitations on OWNER's Responsibilities
A. The OWNER shall not supervise, direct, or have
control o: authority over, nor be responsible for.
CONTRACTOR's means, methods, techniques, sequences,
or procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of CON-
TRACTOR to comply with Laws and Regulations applicable
to the performance of the work, OWNER will not be
'responsible for CONTRACTOR's failure to perform the
Work in accordance with the Contract Documents.
18.10 Undisclosed Hazardous Environmental Condition
A. OWNER's responsibility in respect to an undisclosed
Hazardous Environmental Condition is set forth in paragraph
14.06.
8.11 Evidence of Financial Arrangements
A. if and to the extent OWNER has agreed to furnish
CONTRACTOR reasonable evidence that financial
•arrangements have been made to satisfy OWNER's
5obligations under the Contract Documents, OWNER's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
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ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 OWNER'S Representative
A. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and
the lirei:ations or authority of ENGINEER as OWNER's
representative during construction are set forth in the
Contract Documents and will not be changed without written
consent of OWNER and ENGINEER.
9.02 Visits to Site
A ENGINEER will make visits to the Site at intervals
appropriate to the various stages of construction as
ENGINEER 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
CONTRACTOR's executed Work. Based on information
obtained during such visits and observations, ENGINEER,
for the benefit of OWNER, will determine, in general, if the
Work is proceeding in accordance with the Contract
Documents. ENGINEER will nor be required to make
exhaustive or continuous inspections on the Site to check the
quality or quantity of the Work. ENGINEER's efforts will
be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform
generally to the Contract Documents. On the basis of such
visits and observations, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to
guard OWNER against defective Work.
B. ENGINEER's visits and observations are subject to
all the limitations on ENGI.NEER's authority and
responsibility set forth in paragraph 9.10, and particularly,
but without lirniation, during or as a result of ENGINEER's
visits or observations of CONTRACTOR's Work
ENGINEER will not supervise, direct, control, or have
authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work.
9.03 Project Representative
A. If OWNER and ENGINEER agree, ENGINEER will
furnish a Residen: Project Representative to assist
ENGINEER in providing more extensive observation of the
Work. Tee responsibilities and authority and limitations
thereon of any such Resident Project Representative and
assistants will be as provided in paragraph 9.10 and in the
Supplementary Conditions. If OWNER designates another
' 0070O-27
representative C. agent to represent OWNER at the Site who
is not ENGINEER's Consultant, agent or employee; the
responsibilities and authority and limitations thereon of such
other individual or entity will be as provided in the Supple-
mentary Conditions.
9.04 Clarincarions and Interpretations
A. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents as ENGINEER may deter-
mine necessary, which shall be consistent with the intent of
and reasonably inferable from the Contract Documents. Such
written clarifications and interpretations will be binding on
OWNER and CONTRACTOR. If OWNER and CON-
TRACTOR are unable to agree on entitlement to or on the
amount or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, that should be allowed as
a result of a written clarification or interpretation, a Ciaim
may be made therefor as provided in paragraph 10.05.
9.05 Authorized Variations in Work
A. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or
the Contract Times and are compatible with the design
concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be
accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR, who shall perform
the Work involved promptly. If OWNER and CONTRAC-
TOR are unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of a Field Order, a
Claim may be made therefor as provided in paragraph 10.05.
9.06 Rejecting Defective Work
A. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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 inspection or testing of the Work as provided in
paragraph 13.04, whether or not the Work is fabricated,
installed, or completed.
9.07 Shop Drawings, Change Orders and Payments
A. In connection with ENGINEER's authority as to Shop
Drawings and Samples, see paragraph 6.17.
B. In connection with ENGINEER's authority as to
Change Orders, see Articles 1n, 11, and 12,
C. In connection with ENGINEER's authority as to
Applications for Payment, see Article 14.
9.08 Determinations for Unit Price Work
A. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CON-
TRACTOR the ENGINEER's preliminary determinations on
such matters before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). ENGINEER's written decision thereon will be
final and binding (except as modified by ENGINEER to
reflect changed factual conditions or more accurate data)
upon OWNER and CONTRACTOR, subject to the
provisions of paragraph 10.05.
9.09 Decisions on Requirements of Contract Documents
and Acceptability of Work
A. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work, the
quantities and classifications of Unit Price Work, the
interpretation of the requirements of the Contract Documents
pertaining to the performance of the Work, and Claims
seeking changes in the Contract Price or Contract Times will
be referred initially to ENGINEER in writing, in accordance
with the provisions of paragraph 10.05, with a request for a
formal decision.
B. When functioning as interpreter and judge under this
paragraph 9.09, ENGINEER will not show partiality to
OWNER or CONTRACTOR and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to this paragraph 9.09 with respect to
any such Claim, dispute, or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.07) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such Claim, dispute, or other matter.
9.10 Limitations on ENGINEER's Authority and Respon-
sibilities
A. Neither ENGINEER's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
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E. The limitations upon authority and responsibility set
iforth in this paragraph 9.10 shall also apply to ENGINEER's
Consultants, Resident Project Representative, and assistans.
or responsibility or the undertaking, exercise, or performance
of any authority or responsibility by ENGINEER than create,
impose, or give rise to any duty in contract, tort, or
otherwise owed by ENGINEER to CONTRACTOR, any
Subcontractor, any Supplier, any other individual or entity,
or to any surety for or employee or agent of any of them.
B. ENGINEER will not supervise, direct, control, or
have authority over or be responsible for CONTRACTOR's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the performance of the
Work. ENGINEER will not be responsible for
CONTRACTOR's failure to perfo.; . the Work in accordance
with the Contract Documents.
C. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier, or of any other individual or entity performing any
of the Work.
D. ENGINEER's review of the faai Application for
Payment and accompanying documentation and ail mainte-
nance and operating lastruc:ions, schedules, guarantees,
Bonds, certificates of inspection, tests and approvals, and
other documentation required to be delivered by paragraph
14.07.A will only be to determine generally that their content
complies with the :equirernens of, and in the case of
certificates of inspections, tests, and approvals that the resu is
certified indicate compliance with, the Contract Documents.
ARTICLE 10 - CHANGES LN THE WORK; CLAIMS
10.01 Authorized Charges in the Work
A. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
• to time, order additions, deletions, or revisiocs in the Work
by a Written Amendment, a Change Order, or a Work
Change Directive. Upon receipt of any such document,
CONTRACTOR shall promptly proceed with the Work
' involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
IB. If OWNER and CONTRACTOR are unable to agree
pn entidemenz to, or on the amount or extent, if any, of an
adjustment in the Contract[ Price or Contract Times, or both,
that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by
the Contract Documents as amended, modified, or
supplemented as provided in paragraph 3.04, except in the
case of an emergency as provided in paragraph 6.16 of in the
case of uncovering Work as provided in paragraph 13.04.B.
10.03 Execution of Charge Orders
A. OWNER and CONTRACTOR shall execute
appropriate Change Orders recommended by ENGINEER (or
Written Amendments) covering:
1. changes in the Work which are: (i) ordered by
OWNER pursuant to paragraph 10.01.A, (ii) required
because of acceptance of defective Work under para-
graph 13.08.A or OWNER's correction of defective
Work under paragraph 13.09, or (iii) agreed to by the
parties;
2. changes in the Comae
which are agreed to by the
undisputed sum or arnoun: of
performed in accordance with a
and
Price or Contract Times
parties, including any
time for Work actually
Work Change Directive;
3. changes in the Contract Price or Contract Times
which embody the substance of any written decision
rendered by ENGINEER pursuant to paragraph 10.05;
provided that, in lieu of executing any such Change
Order, an appeal may be taken from any such decision
in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, CONTRACTOR shall carry on
the Work and adhere to the progress schedule as
provided in paragraph 6.18.A.
10.04 Notification to Surety
A. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Times) is required by the provisions of any Bond to be given
to a surety, the giving of any such notice will be
CONTRACTOR's respcasiblliy. The amount of each
applicable Bond will be adjusted to reflect the effect of any
such change.
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10.05 Claims and Disputes
A. Notice: Written notice stating the general nature of
each Claim, dispute, or other matter shall be delivered by the
claimant to ENGINEER and the other parry to the Contract
promptly (but in no event later than 30 days) after the start of
the event giving rise thereto. Notice of the amount or extent
of the Claim, dispute, or other matter with supporting data
shall be delivered to the ENGINEER and the other party to
the Contract within 60 days after the stan of such event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of such
Claim, dispute, or other matter). A Claim for an adjustment
in Contract Price shall be prepared in accordance with the
provisions of paragraph 12.01.B. A Claim for an adjustment
in Contract Time shall be prepared in accordance with the
provisions of paragraph 12.02.B. Each Claim shall be
accompanied by claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event. The opposing
parry shall submit any response to ENGINEER and the
claimant within 30 days after receipt of the claimant's last
submittal (unless ENGINEER allows additional time).
B. ENGINEER's Decision: ENGINEER will render
a formal decision in writing within 30 days after receipt of
the last submittal of the claimant or the last submittal of the
opposing parry, if any. ENGINEER's written decision on
such Claim, dispute, or other matter will be final and binding
upon OWNER and CONTRACTOR unless:
1. an appeal from ENGINEER's decision is taken
within the time limits and in accordance with the dispute
resolution procedures set forth in Article 16; or
2. if no such dispute resolution procedures have
been set forth in Article 16, a written notice of intention
to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACTOR to the other
and to ENGINEER within 30 days after the date of such
decision, and a formal proceeding is instituted by the
appealing party in a forum of competent jurisdiction
within 60 days after the date of such decision or within
60 days after Substantial Completion, whichever is later
(unless otherwise agreed in writing by OWNER and
CONTRACTOR), to exercise such rights or remedies as
the appealing party may have with respect to such
Claim, dispute, or other matter in accordance with
applicable Laws and Regulations.
C. If ENGINEER does not render a formal decision
in
writing within
the
time stated in paragraph 10.05.B,
a
decision denying
the
Claim in its entirety shall be deemed
to
have been issued
31
days after receipt of the last submittal
of
the claimant or
the
last submittal of the opposing party,
if
any.
D. No Claim for an adjustment in Contract Price or
Contract Times (or Milestones) will be valid if not submitted
in accordance with this paragraph 10.05.
ARTICLE 11 - COST OF THE WORK; CASH
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means
the sum of all costs necessarily incurred and paid by CON-
TRACTOR in the proper performance of the Work. When
the value of any Work covered by a Change Order or when
a Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, the costs to be reimbursed to
CONTRACTOR will be only those additional or incremental
costs required because of the change in the Work or because
of the event giving rise to the Claim. 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 11.01.13.
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 limitation superintendents, foremen, and
other personnel employed 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, unem-
ployment, excise, and payroll taxes, workers'
compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of regular
working hours, on Saturday, Sunday, or legal holidays,
shall be included in the above to the extent authorized by
OWNER.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless
OWNER deposits funds with CONTRACTOR 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
materials and equipment shall accrue to OWNER, and
CONTRACTOR shall make provisions so that they may
be obtained.
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3. Payments made by CONTRACTOR to
Subcc:rac:ors for Work perforated by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from subcontractors accepuble to
OWNER and CONTRACTOR and shall deliver such
bids to OWNER, who will then determine, with the
advice of ENGINEER, which bids, if any, will be
acceptable. If any subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, :he 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 this paragraph 11.01.
4. Costs of special consultants (including but not
limited to engineers, architects, testing labora:ones,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following
a. The proportion of necessary transportation,
travel, and subsistence expenses of
CONTRACTOR's employees incurred in discharge
of duties connected with the Work.
b. Cost, including transportation and mainie-
❑axe, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facili-
ties at the Site, and hand tools not owned by the
workers, which are consumed in the performance of
the Work, and cost, less market value, of such items
used but not consumed which remain the property of
CONTRACTOR.
c. Rentals of all construction equipment and
machinery, and the pars thereof whether rented
from CONTRACTOR or others in accordance with
rental agreements approved by OWNER with the
advice of ENGINEER, and the costs of
transportation, loading, unloading, assembiy,
dismantling, and removal thereof. Ali such costs
shall be in accordance with the terms of said rental
agreements. The rental of any such equipment, ma-
chinery, or parts shall cease when the use thereof is
no longer necessary for the Work.
d. Sales, consumer, use, and other similar
taxes related to the Work, and for which CON-
TRACTOR is liable, imposed b; Laws and Regu-
lations.
e. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontrac:or, or
anyone directly or indirectly employed by any of
them or for whose acts any of them may be liable,
and royalty payments and fees for permits and
licenses.
f. :.asses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by
CONTRACTOR in connection with the perfor-
mance of the Work (except losses and damages
within the deductible amounts of property insurance
established in accordance with paragraph 5.06.D),
provided such losses and damages have resulted
from causes other than the negligence of
CONTRACTOR, 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 settlements made with the
written consent and approval of OWNER. No such
losses, damages, and expenses shall be included in
the Cost of the Work for the purpose of determining
CONTRACTOR's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expressage, and similar petty cash items in
connection with the Work.
i. When the Cost of the Work is used to
determine the value of a Change Order or of a
Claim, the cost of premiums for additional Bonds
and insurance required because of the changes in the
Work or caused by the event giving rise to the
Claim.
j. When all the Work is performed on the
basis of cost-plus, the costs of premiums for all
Bonds and insurance CONTRACTOR is required by
the Contract Documents to purchase and maintain.
B. Costs Excluded. The term Cost of the Work shall
not include any of the following items:
1. Payroll costs and other compensation of
CONTRACTOR's officers, executives, principals (of
partnerships and sole proprietorships), general manag-
ers, engineers, architects, estimators, attorneys, audi-
tors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel
employed by CONTRACTOR, whether at the Site or in
CONTRACTOR's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications
referred to in paragraph 11.01.A.1 or specifically
covered by paragraph 11.01.A.4, all of which are to be
' 00700-31
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considered administrative costs covered by the
CONTRACTOR's fee.
2. Expenses of CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
Site.
3. Any part of CONTRACTOR's capital expenses,
including interest on CONTRACTOR's capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
4. Costs due to the negligence of CONTRACTOR,
any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied; and making good any
damage to property.
5. Other overhead or general expense costs of any
kind and the costs of any item not specifically and
expressly included in paragraphs 11.01.A and 11.01.B.
C. COMRACTOR's Fee: When all the Work is
performed on the basis of cost-plus, CONTRACTOR's fee
shall be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined on
the basis of Cost of the Work, CONTRACTOR's fee shall be
determined as set forth in paragraph 12.01.C.
D. Documenrarion: Whenever the Cost of the Work for
any purpose is to be determined pursuant to paragraphs
11.01.A and 11.01.B, CONTRACTOR will establish and
maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to ENGINEER an itemized cost breakdown
together with supporting data.
11.02 Cash Allowances
A. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be
performed for such sums as may be acceptable to OWNER
and ENGINEER. CONTRACTOR agrees that:
1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials
and equipment required by the allowances to be
delivered at the Site, and all applicable taxes; and
2. CONTRACTOR's costs for unloading and
handling on the Site, labor, installation costs, overhead,
profit, and other expenses contemplated for the allow -
antes 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.
B. Prior to final payment, an appropriate Change Order
will be issued as recommended by ENGINEER to reflect
actual amounts due CONTRACTOR on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or
part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the unit price for each
separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agree-
ment. The estimated quantities of items of Unit Price Work
are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price.
Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be
made by ENGINEER subject to the provisions of paragraph
9.08.
B. 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 separately
identified item.
C. OWNER or CONTRACTOR may make a Claim for
an adjustment in the Contract Price in accordance with
paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and
significantly from the estimated quantity of such item
indicated in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. if CONTRACTOR believes that
CONTRACTOR is entitled to an increase in Contract
Price as a result of having incurred additional expense or
OWNER believes that OWNER is entitled to a decrease
in Contract Price and the parties are unable to agree as
to the amount of any such increase or decrease.
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ARTICLE 12 - CHANGE OF CONTRACT PRICE;
tCHANGE OF CONTRACT TIMES
'12.01 Change of Contract Price
A. The Contract Price may only be changed by a
Change Order or by a Written Amendment, Any Claim for
an adjustment in the Contract Price shall be based on written
notice submitted by the party making the Claim to the
ENGINEER and the other party to the Contract, in accor-
dance with the provisions of paragraph 10.05.
B. The value of any Work covered by a Change Order
or of any Claim for an adjustment in the Contract Price will
e determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
• involved (subject to the provisions of paragraph 11.03 );
or
2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with paragraph 12.01.C.2); o:
3. where the Work involved is not covered by unit
' prices contained in the Contract Documents and agree-
ment to a lump sum is no: reached under paragraph
12.01.8.2, on the basis of the Cost of the Work
(determined as provided in paragraph 11.01) plus a
CONTRACTOR's fee for overhead and profit (deter-
mined as provided in paragraph 12.01.C).
C. CONTRACTOR's Fee: The CONTRACTOR's fee
r overhead and profit shall be determined as follows:
' 1. a mutually acceptable fixed fee; or
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:
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a for costs incurred under paragraphs
11.0LA.1 and 11.Ol.A.2, the CONTRACTOR's
fee shall be 15 percent;
b. for costs incurred under paragraph
11.01.A.3, the CONTRACTOR'S fee shall be five
percent;
c. 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 paragraph
12.01.C.2.a is that the Subcontractor who actually
performs the Work, at whatever tier, will be paid
a fee of 15 percent of the costs incurred by such
Subcontractor under paragraphs 11.01.A.1 and
11.01.A.2 and that any higher tier Subcontractor
and CONTRACTOR will each be paid a fee of five
percent of the amount paid to the next lower tier
Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under paragraphs 11.01.A.4, 11.01.A.5,
and 11.01.13;
e. the amount of credit to be allowed by
CONTRACTOR to OWNER for any change which
results in a net decrease in cost will be the amount
of the actual net decrease in cost plus a deduction in
CONTRACTOR's fee by an amount equal to five
percent of such net decrease; and
f. when both additions and credits are in-
volved in any one change, the adjustment in
CONTRACTOR's fee shall be computed on the
basis of the net change in accordance with para-
graphs 12.01.C.2.a through 12.01.C.2.e, inclu-
sive.
12.02 Change of Contract Times
A. The Contract Times (or Milestones) may only be
changed by a Change Order or by a Written Amecdment,
Any Claim for an adjustment in the Contract Times (or
Milestones) shall be based on written notice submitted by the
party making the claim to the ENGINEER and the other
party to the Contract in accordance with the provisions of
paragraph 10.05.
B. Any adjustment of the Contract Times (or
Milestones) covered by a Change Order or of any Claim for
an adjustment in the Contract Times (or Milestones) will be
determined in accordance with the provisions of this
Article 12.
12.03 Delays Beyond CONTRACTOR's Control
A. Where CONTRACTOR is prevented from
completing any part of the Work within the Contract Times
(or Milestones) due to delay beyond the control of
CONTRACTOR, 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
12.02.A. 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
' 00700-33
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fires,
floods,
epidemics, abnormal weather
conditions,
or acts
of God.
12.04 Delays Within CONTRACTOR's Control
A. The Contract Times (or Milestones) will not be
extended due to delays within the control of
CONTRACTOR. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRACTOR.
12.05 Delays Beyond OWNER's and CONTRACTOR's
Control
A. Where CONTRACTOR is prevented from complet-
ing any pan of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRACTOR's sole and exclusive remedy
for such delay.
12.06 Delay Damages
A. In no event shall OWNER or ENGINEER be liable
to CONTRACTOR, any Subcontractor, any Supplier, or 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:
1. delays caused by or within the control of CON-
TRACTOR; or
2. delays beyond the control of both OWNER and
CONTRACTOR including but not limited to fires,
floods, epidemics, abnormal weather conditions, acts of
God, or acts or neglect by utility owners or other
contractors performing other work as contemplated by
Article 7.
B. Nothing in this paragraph 12.06 bars a change in
Contract Price pursuant to this Article 12 to compensate
CONTRACTOR due to delay, interference, or disruption
directly attributable to actions or inactions of OWNER or
anyone for whom OWNER is responsible.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
OWNER or ENGINEER has actual knowledge will be given
to CONTRACTOR.
All
defective Work
may be rejected,
corrected, or accepted
as
provided in this
Article 13.
13.02 Access to Work
A. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and personnel of OWNER, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation, inspecting,
and testing. CONTRACTOR shall provide them proper and
safe conditions for such access and advise them of
CONTRACTOR's Site safety procedures and programs so
that they may comply therewith as applicable.
13.03 Tests and Inspections
A. CONTRACTOR shall give ENGINEER timely
notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. 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:
1. for inspections, tests, or approvals covered by
paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.04.B
shall be paid as provided in said paragraph 13.04.B; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to
be inspected, tested, or approved by an employee or other
representative of such public body, CONTRACTOR shall
assume full responsibility for arranging and obtaining such
inspections, tests, or approvals, pay all costs in connection
therewith, and furnish ENGINEER the required certificates
of inspection or approval.
D. CONTRACTOR shall be responsible for arranging
and obtaining and shall pay all costs in connection with any
inspections, tests, or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work; or acceptance of materials, mix
designs, or equipment submitted for approval prior to
CONTRACTOR's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to OWNER and
ENGINEER.
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E. If any Work (or the work of others) that is to be
inspected, tested, or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if
'requested by ENGINEER, be uncovered for observation.
F. Uncovering Work as provided in paragraph 13.03.E
shall be at CONTRACTOR's expense unless CON-
TRACTOR. has given ENGINEER timely notice of
CONTRACTOR's intention to cover the same and ENGI-
NEER has not acted with reasonable p:ompmess in response
Ito such notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of ENGINEER, it must, if requested by ENGINEER,
be uncovered for ENGINEER's observation and replaced at
IONTRACTOR's expense.
B. If ENGINEER considers it necessary or advisable
at covered Work be observed by ENGINEER or inspected
tested by others, CONTRACTOR, at ENGINEER's
request, shall uncover, expose, or otherwise make available
-or observation, inspection, or testing as ENGINEER may
aequire, that ponion of the Work in question, furnishing all
ccessary labor, material, and equipment. If it is found that
such Work is defective, CONTRACTOR shall pay all
taints, costs, losses, and dLages (including but not United
•0 all fees and charges of engineers, architects, attorneys. and
other professionals and all court or arbitation cr other
tspute resolution costs) arising out of or relating to such
covering, exposure, observation, inspection, and testing,
and of satisfactory replacement or reconstruction (including
Iut
not limited to all costs of repair or replacement of work
f others); and OWNER shall be entitled to an appropriate
ecrease in the Contract Price. If the parties are unable to
agree as to the amount thereof. OWNER may make a Claim
erefor as provided in paragraph 10.05. If, however, such
ark is not found to be defective, CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of
Contact Times (or Milestones), or both, directly anribut-
]e to such uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the parties are
Itnable to agree as to the amount or extent thereof,
ONIRACTOR may make a Claim therefor as provided in
aragralib 10.05.
OVER May Stop the Work
A. If the Work is defective, or CONTRACTOR fails to
pply sufficient skilled workers or suitable materials or
uipment, or fails to perform the Work in sucb a way that
the completed Work will conform to the Contract
Iooc' men's, OWNER may order CONTRACTOR to stop the
+ork, or any portion thereof, until the cause for such order
been eliminated; however, this right of OWNER ro stop
the Work shall not give rise to =y duty on the pan of
OWNER to exercise this right for the benefit of
CONTRACTOR, any Subco:.:actor, any Supplier, any other
individual or entity, or any surety for, or employee or agent
of any of them.
13.06 Correction or Removal of Defective Work
A. CONTRACTOR shall correct all defective Work,
whether or not fabrica:ed, installed, or completed, or, if the
Work has been rejected by ENGINEER, remove it from the
Projec: and replace it with Work that is not defective.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all coun or arbitratioo or other dispute resolution costs)
arising out of or relating to such correction or removal
(including but not limited to all costs of repair or replacement
of work of others).
13.07 Correction Period
A. If within one year after the date of Substantial
Completion or such longer period of time as may be
prescribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract
Docune➢ts or by any specific provision of the Contract
Documents, any Work is found to be defective, or if the
repair of any damages to the land or areas made available for
CONTRACTOR's use by OWNER or permitted by Laws and
Regulations as contemplated in paragraph 6.11 .A is found to
be defective, CONTRACTOR shall promptly, without cost
to OWNER and in accordance with OWNER's written
instructions (i) repair such defective land or areas, or (ii)
correct such defective Work or, if the defective Work has
been rejected by OWNER, remove it from the Project and
replace it with Work that is not defective, and (iii) satisfac-
torily correct or repair or remove and replace any damage to
other Work, to the work of others or other land or areas
resulting therefrom. Lf 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
repaired or may have the rejected Work removed and
replaced, and all Claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court o: arbitration or other dispute resolution costs)
arising out of or relating to such correction or repair or such
removal and replacement (including but not limited to all
costs of repair or replacement of work of others) will be paid
by CONTRACTOR.
B. In special circumstances where a particular item of
equipmeo: is placed in continuous service before Substantial
Completion of all the Work, the correction period for that
' 00700-35
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item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
C. Where defective Work (and damage to other Work
resulting therefrom) has been corrected or removed and
replaced under this paragraph 13.07, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or removal
and replacement has been satisfactorily completed.
D. CONTRACTOR's obligations under this paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this paragraph 13.07 shall not be construed
as a substitute for or a waiver of the provisions of any
applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
A. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to
ENGINEER's recommendation of final payment,
ENGINEER) prefers to accept it, OWNER may do so.
CONTRACTOR shall pay all Claims, costs, losses, and
damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and
all court or arbitration or other dispute resolution costs)
attributable to OWNER's evaluation of and determination to
accept such defective Work (such costs to be approved by
ENGINEER as to reasonableness) and the diminished value
of the Work to the extent not otherwise paid by
CONTRACTOR pursuant to this sentence. If any such
acceptance occurs prior to ENGINEER's recommendation of
final payment, a Change Order will be issued incorporating
the necessary revisions in the Contract Documents with
respect to the Work, and OWNER shall be entitled to an
appropriate decrease in the Contract Price, reflecting the
diminished value of Work so accepted. If the parties are
unable to agree as to the amount thereof, OWNER may make
a Claim therefor as provided in paragraph 10.05. If the
acceptance occurs after such recommendation, an appropriate
amount will be paid by CONTRACTOR to OWNER.
13.09 OWNER May Correct Defective Work
A. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.06.A, or if
CONTRACTOR fails to perform the Work in accordance
with the Contract Documents, or if CONTRACTOR fails to
comply with any other provision of the Contract Documents,
OWNER may, after seven days written notice to
CONTRACTOR, correct and remedy any such deficiency.
B. In
exercising
the rights and
remedies under
this
paragraph,
OWNER
shall proceed
expeditiously.
In
connection with such corrective and remedial action,
OWNER may exclude CONTRACTOR from all or pan of
the Site, take possession of all or pan of the Work and
suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, con-
struction equipment and machinery at the Site, and incorpo-
rate in the Work all materials and equipment stored at the
Site or for which OWNER has paid CONTRACTOR but
which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees,
OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to the Site to enable
OWNER to exercise the rights and remedies under this
paragraph.
C. All Claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) incurred or
sustained by OWNER in exercising the rights and remedies
under this paragraph 13.09 will be charged against CON-
TRACTOR, 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. If the parties are
unable to agree as to the amount of the adjustment, OWNER
may make a Claim therefor as provided in paragraph 10.05.
Such claims, costs, losses and damages will include but not
be limited to all costs of repair, or replacement of work of
others destroyed or damaged by correction, removal, or
replacement of CONTRACTOR's defective Work.
D. CONTRACTOR shall not be allowed an extension
of the Contract Times (or Milestones) because of any delay
in the performance of the Work attributable to the exercise by
OWNER of OWNER's rights and remedies under this
paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND
COMPLETION
14.01 Schedule of Values
A. The schedule of values established as provided in
paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application
for Payment acceptable to ENGINEER. Progress payments
on account of Unit Price Work will be based on the number
of units completed.
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14.02 Progress Payments
A.licarions for Payments
1. At least 20 days before the date established for
each progress payment (but not more often than once a
month). CONTRACTOR shall submit to ENGINEER
for review an Application for Payment filled out and
signed by CONTRACTOR covering the Work
completed as of the date of the Application and
accompanied by such supporting documentation as is
required by the Contract Documents. If payment is
requested on the basis of materials and equipment not
incorporated in the Work but delivered and suitably
stored at the Site or at another location agreed to in
writing, the Application for Payment shall also be
accompanied by a bill of sale, invoice, or other docu-
mertation 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 or other arrangements
to protect OWNER's interest therein, all of which must
be satisfactory to OWNER.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
CONTRACTOR stating that all previous progress
payments received on account of the Work have been
applied on account to discharge CONTRACTOR's
legitimate obligations associated with prior Applications
for Payment.
3.
The amount
of retainage with
respect
to pro-
gress
payments will
be as stipulated in
the Agreement.
B. Review of Applications
1. ENGINEER will, within 10 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 indicating in writing ENGINEER's
reasons for refusing to recommend payment. In the
latter case, CONTRACTOR may make the necessary
corrections and resubmit the Application.
2. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based or.
ENGINEER's observations on the Site of the executed
Work as an experienced and qualified design profession-
al and on ENGINEER's review of the Application for
Payment and the accompanying data and schedules, that
to the best of ENGINEER's knowledge, informatioc and
belief:
a. the Work has progressed to the point
indicated;
b. the quality of the Work is gee: rally c:
accordance with the Contract Documents (subject to
an evaluation 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 9.08, and to any other
qualifications stated in the recommendation); and
c. 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.
3. By recommending any such payment ENGI-
NEER will not thereby be deemed to have represented
that: (i) inspections made to check the quality or the
quantity of the Work as it has been performed have been
exhaustive, extended to every aspect of the Work in
progress, or involved detailed inspections of the Work
beyond the responsibilities specifically assigned to
ENGINEER in the Contract Documents; or (ii) that
there may not be other matters or issues between the
parties that might entitle CONTRACTOR to be paid
additionally by OWNER Cr entitle OWNER :c withhold
payment to CONTRACTOR.
4. Neither ENGINEER's review of
CONTRACTOR's Work for the purposes of recom-
mending payments nor ENGINEER's recommendation
of any payment, including final payment, will impose
responsibility on ENGINEER to supervise, direct, or
control the Work or for the means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for CON-
TRACTOR's failure to comply with Laws and Regu-
lations applicable to CONTRACTOR's performance of
the Work. Additionally, said review or recommendation
will not impose responsibility on ENGINEER to make
any examination to ascertain how or for what purposes
CONTRACTOR has used the moneys paid on account of
the Contract Price, or to determine that title to any of
the Work, materials, or equipment has passed to
OWNER free and clear of any Liens.
5. 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 representa-
tions to OWNER referred to in paragraph 14.02.B.2.
ENGINEER may also refuse to recommend any such
payment or, because of subsequently discovered
evidence or the results of subsequent inspections or tests,
00700-37
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revise or revoke any such payment recommendation
previously made, to such extent as may be necessary in
ENGINEER's opinion to protect OWNER from loss
because:
a. the Work is defective, or completed Work
has been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Written Amendment or Change Orders;
c. OWNER has been required to correct
defective Work or complete Work in accordance
with paragraph 13.09; or
d. ENGINEER has actual lmowledge of the
occurrence of any of the events enumerated in para-
graph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to OWNER with ENGINEER's recom-
mendation, the amount recommended will (subject to the
provisions of paragraph 14.02.D) become due, and when
due will be paid by OWNER to CONTRACTOR.
D. Reduction. in Payment
1. OWNER may refuse to make payment of the
full amount recommended by ENGINEER because:
a. claims have been made against OWNER on
account of CONTRACTOR's performance or fur-
nishing of the Work;
b. 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;
c. there are other items entitling OWNER to
a set-off against the amount recommended; or
d. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.02.B.5.a through 14.02.B.5.c or paragraph
15.02. A.
2. If OWNER refuses to make payment of the full
amount recommended by ENGINEER, OWNER must
give CONTRACTOR immediate written notice (with a
copy to ENGINEER) stating the reasons for such action
and promptly pay CONTRACTOR any amount
remaining after deduction of the amount so withheld.
OWNER shall promptly pay CONTRACTOR the
amount so withheld, or any adjustment thereto agreed to
by OWNER and CONTRACTOR, when CONTRAC-
TOR corrects to OWNER's satisfaction the reasons for
such action.
3. If it is subsequently determined that OWNER's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by paragraph 14.02.C.I.
14.03 COMRACTOR's Warranty of Title
A. CONTRACTOR warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project
or not, will pass to OWNER no later than the time of
payment free and clear of all Liens.
14.04 Substantial Complexion
A. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGINEER
issue a certificate of Substantial Completion. Promptly
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
substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or
corrected before final payment. OWNER shall have seven
days after receipt of the tentative certificate during which to
make written objection to ENGINEER as to any provisions
of the certificate or attached list. If, after considering such
objections, ENGINEER concludes that the Work is not
substantially complete, ENGINEER will within 14 days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing, stating the reasons therefor. If,
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete, ENGINEER will
within said 14 days execute and deliver to OWNER and
CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time
of delivery of the tentative certificate of Substantial Comple-
tion ENGINEER will deliver to OWNER and CONTRAC-
TOR a written recommendation as to division of responsibili-
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ties pending final payment between OWNER and
'CONTRACTOR with respect to security, operation, safety,
and protection of the Work, maintenance, heat, utilities,
insurance. and warranties and guarantees. Unless OWNER
'and CONTRACTOR agree otherwise in writing and so
inform ENGINEER in writing prior to ENGINEER'S issuing
the definitive certificate of Substantial Completion,
ENGINEER's aforesaid recommendation will be binding on
OWNER and CONTRACTOR until final payment.
B. OWNER shall have the right to exclude
CONTRACTOR from the Site after the date of Substantial
Completion, but OWNER shall allow CONTRACTOR
reasonable access to compe:e or correct items on the
Tentative list.
14.05 Partial Utilization.
A. Use by OWNER at OWNER's option of any
substantially completed part of the Work which has
necifically been identified in the Contract Documents, or
Stich OWNER, ENGINEER, and CONTRACTOR agree
onsrimtes a separately functioning and usable part of the
Work that can be used by OWNER for its intended purpose
nhout significant interference with CONTRACTOR's
•erformance of the remainder of the Work, may be
accomplished prior to Substantial Completion of all the Work
�ubject to the following conditions.
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1. OWNER at any time may request CON-
TRACTOR in writing to pewit OWNER to use any
such pan of the Work which OWNER believes to be
ready for its intended use and substantially complete. If
CONTRACTOR agrees that such pan of the Work is
substantially complete, CONTRACTOR will certify to
OWNER and ENGINEER that such part of the Work is
substantially complete and request ENGINEER to issue
a certificate of Substantial Completion for that part of
the Work. CONTRACTOR at any time may notify
OWNER and ENGINEER in writing that
CONTRACTOR considers any such part of the Work
ready for its intended use and substantially complete and
request ENGINEER to issue a certificate of Substantial
Completion for that part of the Work. Within a
reasonable time after either such request, OWNER,
CONTRACTOR, and ENGINEER shall make an
inspection of that part of the Work to determine its status
of completion. If ENGINEER does not consider that
part of the Work to be substantially complete,
ENGINEER will notify OWNER and CONTRACTOR
in writing giving the reasons therefor. If ENGINEER
considers that part of the Work to be substantially
complete, the provisions of paragraph 14.04 will apply
with respect to certification of Subsantial Completion of
that par, of the Work and the division of responsibility
in respect thereof and access thereto.
2. No occupancy or separate operation of part of
the Work may occur prior to compliance with the
requirements of paragraph 5.10 regarding property
14.06 FiralInspecrion
A. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete,
ENGINEER will promptly make a final inspection with
OWNER and CONTRACTOR and will notify CON-
TRACTOR in writing of all 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.
14.07 Final Payment
A. Application for Payment
1. After CONTRACTOR has, in the opinion of
ENGINEER, satisfactorily completed all corrections
identified during the final inspection and has delivered,
in accordance with the Contract Documents, all main-
tenance and operating instructions, schedules, guaran-
tees, Bonds, certificates or other evidence of insurance
certificates of inspection, marked -up record documents
(as provided in paragraph 6.12), and other documents,
CONTRACTOR may make application for final
payment following the procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by: (i) ail
documentation called for in the Contract Documents,
including but not limited to the evidence of insurance
required by subparagraph 5.04.B.7; (ii) consent of the
surety, if any, to final payment; and (iii) complete and
legally effective releases or waivers (satisfactory to
OWNER) of all Lien rights arising out of or Liens filed
in connection with the Work.
3. In lieu of the releases or waivers of Liens
specified in paragraph 14.07.A.2 and as approved by
OWNER, CONTRACTOR may furnish receipts or
releases in full and an affidavit of CONTRACTOR that:
(i) the releases and receipts include all labor, services,
material, and equipment for which a Lien could be filed;
and (ii) all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be
responsible have been paid or otherwise satisfied. If any
Subcontractor or Supplier fails to furnish such a release
or receipt in full, CONTRACTOR may furnish a Bond
or other collateral satisfactory to OWNER to indemnify
OWNER against any Lien.
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00700-39
B. Review of Application and Acceptance
1. If, on the basis of ENGINEER's observation of
the Work during construction and final inspection, and
ENGINEER's review of the final Application for
Payment and accompanying documentation as required
by the Contract Documents, ENGINEER is satisfied that
the Work has been completed and CONTRACTOR's
other obligations under the Contract Documents have
been fulfilled, ENGINEER will, within ten days after
receipt of the final Application for Payment, indicate in
writing ENGINEER's recommendation of payment and
present the Application for Payment 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 14.09. Otherwise, ENGINEER will return
the Application for Payment to CONTRACTOR,
indicating in writing the reasons for refusing to
recommend final payment, in which case CON-
TRACTOR shall make the necessary corrections and
resubmit the Application for Payment.
C. Payment Becomes Due
I. Thirty days after the presentation to OWNER of
the Application for Payment and accompanying docu-
mentation, the amount recommended by ENGINEER
will become due and, when due, will be paid by OWN-
ER to CONTRACTOR.
14.08 Final Completion Delayed
A. If, through no fault of CONTRACTOR, final
completion of the Work is significantly delayed, and if
ENGINEER so confirms, OWNER shall, upon receipt of
CONTRACTOR's final Application for Payment and
recommendation of ENGINEER, and without terminating the
Agreement, make payment of the balance due for that portion
of the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the
Agreement, and if Bonds have been furnished as required in
paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work fully
completed and accepted shall be submitted by CON-
TRACTOR to ENGINEER with the Application 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.
14.09 Waiver of Claims
1. a waiver of all Claims by OWNER against
CONTRACTOR, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to paragraph 14.06, from failure to
comply with the Contract Documents or the terms of any
special guarantees specified therein, or from
CONTRACTOR's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by CONTRACTOR
against OWNER other than those previously made in
writing which are still unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 OWNER May Suspend Work
A. At any time and without cause, OWNER may
suspend the Work or any portion thereof for a period of not
more than 90 consecutive days by notice in writing to CON-
TRACTOR 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 a Claim therefor as
provided in paragraph 10.05.
15.02 OWNER May Terminate for Cause
A. The occurrence of any one or more of the following
events will justify termination for cause:
1. CONTRACTOR's persistent failure to perform
the Work in accordance with the Contract Documents
(including, 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 2.07 as adjusted from time to time
pursuant to paragraph 6.04);
2. CONTRACTOR's disregard of Laws or
Regulations of any public body having jurisdiction;
3. CONTRACTOR's disregard of the authority of
ENGINEER; or
4. CONTRACTOR's violation in any substantial
way of any provisions of the Contract Documents.
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A. The making and acceptance of final payment will B.
If one
or more of the
events identified in paragraph ,
constitute: 15.02.A
occur,
OWNER may,
after giving CONTRACTOR
(and the
surety,
if any) seven
days written notice, terminate
00700-40 ,
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the services of CONTRACTOR, exclude CONTRACTOR
Iom the She; and take possession of the Work and of all
ONTRACTOR's tools, appliances, construction equipment,
and machinery at the Site, and use the same to the full extent
Bey could be used by CONTRACTOR (without liability to
ONTRACTOR for trespass or conversion), incorporate in
the Work all materials and equipment stored at the Site or for
hieh OWNER has paid CONTRACTOR but which are
red elsewhere, and finish the Work as OWNER may deem
expedient. In such case, CONTRACTOR shall not be
C
led to receive any further payment until the Work is
hed. If the unpaid balance of the Contract Price exceeds
laims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
orneys, and other professionals and all court or arbitration
• other dispute resolution costs) sustained by OWNER
arising out of or relating to completing the Work, such excess
I be paid to CONTRACTOR. If such claims, costs,
ses, and damages exceed such unpaid balance,
CONTRACTOR shall pay the difference to OWNER. Such
costs, losses, and damages incurred by OWNER will
reviewed by ENGINEER as to otheir reasonableness and,
l7hen so approved by ENGINEER, incorporated in a Change
Order. When exercising any rights or remedies under this
Iragraph OWNER shall not be required to obtain the lowest
Ice for the Work performed.
• C. Where CONTRACTOR's services have been so
initiated by OWNER, the termination will not affect any
rights or remedies of OWNER again; CONTRACTOR then
sting or which may thereafter accrue. Any retention or
menu of moneys due CONTRACTOR by OWNER will
t release CONTRACTOR from liability.
103 OWNER May Terminate For Convenience
A. Upon seven days written notice to CONTRACTOR
ENGINEER, OWNER may, without cause and without
judice to any other right or remedy of OWNER, elect to
terminate the Contract. In such case, CONTRACTOR shall
1paid (without duplication of any items)-
1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the
'effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2,
for expenses sustained prior to
the effective date
of termination in
performing services and futi:shing
labor,
materials,
or equipment as
required by the
'Contract Documents in connection with uncompleted
Work, plus fair and reasonable sums for overhead and
profit on such expenses:
3. for all claims, costs, losses, and damages
• (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration, or ocher dispute resolution
costs) incurred in settlement of terminated contracts
with Subcontractors, Suppliers, and others; and
4, for reasonable expenses directly attributable to
termination.
B. CONTRACTOR shall not be paid or, account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 CONTRACTOR May Stop Work or Terminate
A. If, through no act or fault of CONTRACTOR, the
Work is suspended for more than 90 consecutive days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within 30 days after it is submitted, or OWNER fails for 30
days to pay CONTRACTOR any sum foully 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 Contract and recover from
OWNER payment on the same terms as provided in
paragraph 15.03. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if ENGI-
? EER has failed to act on an Application for Payment within
30 days after it is submitted, or OWNER has failed for 30
days to pay CONTRACTOR any sum finally determined to
be due, CONTRACTOR may, seven days after written notice
to OWNER and ENGINEER, stop the Work until payment
is made of all such amounts due CONTRACTOR, including
interest thereon. The provisions of this paragraph 15.04 are
not intended to preclude CONTRACTOR from making a
Claim under paragraph 10.05 for an adjustment in Contract
P. -ice or Contract Times or otherwise for expenses or damage
directly attributable to CONTRACTOR's stopping the Work
as permitted by this paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Dispute resolution methods and procedures, if any,
shall be as set forth in the Supplementary Conditions. If no
method and procedure has been set forth, and subject to the
provisions of paragraphs 9.09 and 10.05, OWNER and
CONTRACTOR may exercise such rights or remedies as
either may otherwise have under the Contract Documents or
by Laws or Regulations in respect of any dispute.
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ARTICLE 17 - MISCELLANEOUS
a:
17.01 Giving Notice
A. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to
have been validly given if delivered in person to the
individual or to a member of the firm or to an officer of the
corporation for whom it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address known to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or on
a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder
to the parties hereto are in addition to, and are not to be
construed in any way as a limitation of, any rights and
remedies available to any or all of them which are otherwise
imposed or available by Laws or Regulations, by special
warranty or guarantee, or by other provisions of the Contract
Documents, and the provisions of this paragraph will be as
effective as if repeated specifically in the Contract
Documents in connection with each particular duty,
obligation, right, and remedy to which they apply.
17.04 Survival of Obligations ,
A. All representations, indemnifications, warranties,
and guarantees made in, required by, or given in accordance
with the Contract Documents, as well as all continuing
obligations indicated in the Contract Documents, will survive
final payment, completion, and acceptance of the Work or
termination or completion of the Agreement. ,
17.05 Controlling Law
A. This Contract is to be governed by the law of the ,
state in which the Project is located.
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Section 00800
' SUPPLEMENTARY CONDITIONS
LIST OF SUBJECTS
' SC -1.01 Defined Terms
SC -2.02 Copies of Documents
' SC -2.05.6 Preliminary Schedules:
SC -2.05.C Evidence of Insurance:
SC -4.02 Subsurface and Physical Conditions
'
SC -4.04 Underground Facilities
SC -5.01 Performance, Payment, and Other Bonds
' SC -5.02 Licensed Sureties and Insurers
SC -5.03 Certificates of Insurance
SC -5.04 CONTRACTOR's Liability Insurance
' SC -5.04.8.1 Identification of Additional Insureds
SC -5.04.6.5 Notice of Cancellation of Liability Insurance
SC -5.05 OWNER'S Liability Insurance
' SC -5.06 Property Insurance
SC -5.08 Receipt and Application of Insurance Proceeds
SC -6.04 Progress Schedules
' SC -6.08 Permits
SC -6.19 CONTRACTOR'. General Warranty and Guarantee
SC -7.01 Related Work at the Site
' SC -7.03 Separate Contractor Claim
SC -8.06 Insurance
SC -9.03 Project Representative
' SC- 10.06 Authority for Changes in the Work
SC -1 1.03 Unit Price Work
SC -12.03 Delays Bevond CONTRACTOR s Control
' SC- 14.02 Progress Payments
SC -14.02. B Review of Applications
SC -14.02.C Payment Becomes Due
'SC -14.04 Substantial Completion
SC- 14.05 Partial Utilization
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These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (EJCDC No. 1910-8, 1996 Edition) and other provisions of the Contract
Documents as indicated below. All provisions which are not so amended or supplemented remain
in full force and effect. Paragraph numbers in these Supplementary Conditions correspond to the
paragraph numbers in the General Conditions, except with the designation "SC".
SC -1.01 Defined Terms
The terms used in the Supplementary Conditions which are defined in the Standard General
Conditions of the Construction Contract (No. 1910-8, 1996 Edition) have the meanings
assigned to them in the General Conditions. In addition to the provisions of paragraph 1.01,
the following supplemental definitions apply:
A 1.01.30. "OWNER " shall mean the City Of Fayetteville, Arkansas, acting through its duly
authorized representatives. Address - City of Fayetteville, 113 West Mountain, Fayetteville,
AR 72701.
Add the following definitions to paragraph 1.01 of the General Conditions:
"I.01.51. "Surety"
or"sureties" shall mean
the bondsmen or party or parties who have made
the fulfillment of the
contract by
Bonds, and
whose signatures are attached to such Bonds.
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1.01.52. "Advertisement" shall mean the legal publications pertaining to the work of this
contract.
1.01.53. "Plans" shall mean, collectively, all of the Drawings pertaining to the contract and
made a part thereof, and also such supplementary drawings as Engineer may issue from time
to time in order to clarify the Drawings, or for the purpose of showing changes in the work as
authorized under the General Requirements, or for the showing of details which are not shown
thereon.
1.01.54. "Grade" shall mean and indicate the established elevations of the paving, flow
lines of sewers and other appurtenances as shown on the Drawings."
SC -2.02 Copies of Documents
Delete paragraph 2.02.A of the General Conditions in its entirety and insert the following in its
place:
"A. ENGINEER shall furnish to CONTRACTOR six (6) bound copies of the Agreement and
other Contract Documents, the Bond or Bonds properly executed. CONTRACTOR shall
execute the Agreement and submit all copies to the OWNER for execution. The date of
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contract on the Agreement, Bond forms,
and power of attorney shall
be left blank
for filling in
by OWNER. These documents will be
dated the day the OWNER
executes the
contract.
OWNER shall furnish to CONTRACTOR up to four (4) copies of the Contract Documents as
are reasonably necessary for the execution of the Work. Additional copies will be furnished,
upon request, at the approximate cost of reproduction."
SC -2.03 Commencement of Contract Time; Notice to Proceed
Replace paragraph 2.03.A of the General Conditions with the following:
"A. The Contract Times shall commence to run on the day indicated in the Notice to Proceed.
SC -2.05.B. Preliminary Schedules:
Add the following to the end of paragraph 2.05.B.3 of the General Conditions:
Additional subdivision of unit price or lump sum items, as shown in the Bid Form, shall be
made as reasonably requested by ENGINEER or as required to verify progress payments for
Unit Price Work that will take place over several progress periods."
SC -2.05.C. Evidence of insurance.
Delete all references to OWNER supplied and OWNER delivered insurance.
SC -4.02 Subsurface and Physical Conditions
No subsurface investigations have been made as to the location of existing underground
facilities or pipelines.
SC -4.04 Underground Facilities
' Add a new
paragraph 4.04.B.3
immediately
following
paragraph 4.04.B.2 of the General
Conditions
which shall read
as follows:
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"3. Paragraphs 4.04.B.I and 4.04.B.2 do not apply to Underground Facilities that are being
relocated by others as part of the Project. OWNER does not control the schedule of the
owners of those Underground Facilities, and cannot determine whether those Underground
Facilities will be relocated prior to, simultaneous to, or after the Work under these Contract
Documents. If the relocation of Underground Facilities presents an obstacle to the Work
continuing, CONTRACTOR shall inform OWNER and ENGINEER of the obstacle, and
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' ENGINEER will determine if a change in the Work is required. If the change in the Work
results in a change in the quantity of Unit Price Work, CONTRACTOR will be paid for the
actual Unit Price Work installed."
SC -5.01 Performance, Payment and Other Bonds
Delete paragraph 5.01.C of the General Conditions in its entirety and insert the following new
paragraph in its place:
"C. If at any time a surety on any such Bond is declared bankrupt or loses its right to do
' business in the State of Arkansas or is removed from the above list of surety companies, the
CONTRACTOR shall within ten (10) days after notice from the bond company that conditions
are as described in this sentence and/or after notice from the OWNER to do so, substitute an
' acceptable Bond or Bonds in such form and sum and signed by other surety or sureties as may
be satisfactory to the OWNER. The premiums on such Bonds shall be paid by
CONTRACTOR. No further payment shall be deemed due nor shall be made until the new
surety or sureties shall have furnished an acceptable Bond to the OWNER."
Add the following new paragraphs immediately after paragraph 5.01.C of the General
' Conditions which read as follows:
"D. Resident Agent: CONTRACTOR shall furnish performance and payment Bonds as
' provided for by Article 5 of the General Conditions executed by a resident local agent who is
licensed by the Arkansas State Insurance Commissioner to represent the surety company
executing said Bonds, and filing with such Bonds his power -of -attorney. The mere
'countersigning of the Bonds by a resident agent shall not be sufficient.
' E. Additional Information: CONTRACTOR shall provide the Bonds as described in these
sections within ten (10) days after the receipt of a Notice of Selection.
' For contracts in excess of 5100,000 the Bonds shall be issued by a bonding company listed by
the A.M. BEST Rating Book as follows:
(1) contracts in
excess of 5100,000, but less than
51,000,000 -
"B+" rating
or higher and
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contract amount
may not exceed 2.0 percent of the
policyholder's
surplus.
' (2) contracts in excess of $1,000,000 - "A" rating or higher and contracts may not exceed 2.0
percent of the policyholder's surplus.
The expense of all Bonds shall be borne by CONTRACTOR."
' SC -5.02 Licensed Sureties and Insurers
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Add the following new paragraphs immediately after paragraph 5.02.A of the General
Conditions which read as follows:
' "B. CONTRACTOR shall furnish performance and payment Bonds as provided for by
Article 5 of the General Conditions executed by a resident local agent who is licensed by the
' Arkansas State Insurance Commissioner to represent the surety company executing said
Bonds, and filing with such Bonds his power -of -attorney. The mere countersigning of the
' Bonds by a resident agent shall not be sufficient.
C. No employers' liability, public liability or workmen's collective insurance policy shall be
' written in any casualty company not authorized to do business in the State of Arkansas. These
policies shall likewise be issued by a resident local agent licensed by the Insurance
Commission of the State of Arkansas."
SC -5.03 Certificates of Insurance
' Delete the second sentence of paragraph 5.03.A ("OWNER shall deliver to Contractor...") in
its entirety.
SC -5.04 CONTRACTOR 's Liability Insurance
The limits for liability for the insurance required by paragraph 5.04 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required by
Laws and Regulations:
' Workers Compensation, etc. under paragraphs 5.04.A.1 and 5.04.A.2 of the General
Conditions:
I) State: Statutory
2) Applicable Federal: Statutory
' 3) Employer's Liability: $ 100,000.00 each occurrence
Comprehensive General Liability Insurance, under paragraphs 5.04.A.3 through 5.04.A.5 of
' the General Conditions:
' $1,000,000.00 Combined Single Limit
Policies will include premise/operations, products, completed operations, independent
' contractors, explosions, collapse, underground hazard, Broad Form contractual, personal
injury, with employment exclusion deleted and broad form property damage.
Comprehensive Automobile Liability under paragraph 5.04.A.6 of the General Conditions:
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(I) Bodily Injury:
1 $1,000,000.00 Each person
$2,000,000.00 Each occurrence
' Property Damage:
' 5500,000.00 Each occurrence
or
(2) a combined single limit of $2,000,000.00.
' SC -5.04.8.1. Identification of Additional Insureds
' Additional insureds with respect to insurance required by paragraph 5.04 of the General
Conditions shall include: the City of Fayetteville. Arkansas and Garver Engineers, LLC
(OWNER and ENGINEER).
SC -5.04.B.5. Notice of Cancellation of Liability Insurance
Add the following language at the end of paragraph 5.04.B.5 of the General Conditions:
"any wording such as "will endeavor" or "but failure to mail such notice shall impose no
'
obligation or liability of any kind upon the [insurance] Company" shall be deleted from the
policies and insurance certificates."
SC -5.05 OWNER's Liability Insurance
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Delete paragraph 5.05 of the General Conditions in its entirety and insert the following in its
place:
"5.05 OWNER's and ENGINEER'S Contingent Protective Liability Insurance
A. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their
agents and employees from and against all losses and claims, demands, payments, suits,
actions, recoveries, judgments of every nature and description brought or recovered against
them by reason of omission or act of CONTRACTOR, his agent(s), employees, Subcontractor,
Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, in the execution of the Work or guarding of it. CONTRACTOR shall
obtain in the name of OWNER and ENGINEER (either as co-insured or by endorsement), and
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shall maintain and pay the premiums for such insurance in an amount not less than
52,000,000.00 for property damage and bodily injury limits, and with such provisions as shall
protect OWNER and ENGINEER from contingent liability under this contract.
' SC -5.06 Property Insurance
Delete paragraph 5.06.A of the General Conditions in its entirety and insert the following in its
place:
"A. CONTRACTOR shall purchase and maintain, until final payment, property insurance
' upon the Work at the site to the full insurable value thereof (subject to deductible amounts as
may be provided in the Supplementary Conditions or required by Laws and Regulations) but
not less than an amount equal to the total bid price. This insurance shall include the interest of
' OWNER, CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the
Work (all of whom shall be listed as insured or additional insured parties), shall insure against
the perils of fire and extended coverage, shall include "all-risk" insurance for physical loss and
' damage including theft, vandalism and malicious mischief, collapse, flood, and water damage,
and such other perils as may be provided in the Supplementary Conditions, and shall include
damages, losses and expenses arising out of or resulting from any insured loss or incurred in
' the repair or replacement of any insured property (including but not limited to the fees and
charges of engineers, architects, attorneys and other professionals). If not covered under the
"all-risk" insurance or otherwise provided in these Supplementary Conditions,
' CONTRACTOR shall purchase and maintain similar property insurance on portions of the
Work stored on and off the site or in transit when such portions of the Work are to be included
' in an application for payment. The polices of insurance required to be purchased and
maintained by the CONTRACTOR in accordance with this paragraph 5.06 will contain a
provision or endorsement that the coverage afforded will not be canceled or materially
' changed or renewal refused until at least 30 days prior written notice has been given to the
OWNER by certified mail and will contain wavier provisions in accordance with General
Condition paragraph 5.07.B."
' Delete paragraph 5.06.E of the General Conditions in its entirety and insert the following in its
place:
"B. CONTRACTOR shall protect OWNER against all loss during the course of the contract.
If, due to the nature of the Project, insurance coverage other than that specified is needed by
' CONTRACTOR to protect OWNER against all losses, CONTRACTOR shall be responsible
for the determination of and procurement of any additional insurance needed."
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Delete paragraph 5.06.C of the General Conditions in its entirety and insert the following in its
place:
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"C. Policies shall also specify that insurance provided by CONTRACTOR will be considered
primary and not contributory to any other insurance available to OWNER or ENGINEER.
All polices will provide for 30 days written notice (certified mail shall be required) prior to
any cancellation or non -renewal of insurance policies required under the Contract. Any such
wording as "will endeavor" or "but failure to mail such notice shall impose no obligation or
liability of any kind upon the Company..." shall be deleted from the policies and certificates."
Delete paragraph 5.06.E of the General Conditions in its entirety.
SC -5.08 Receipt and Application of Insurance Proceeds
Delete paragraph 5.08 of the General Conditions in its entirety.
SC -6.04 Progress Schedules
Add a new paragraph 6.04.A.3 immediately following paragraph 6.04.A.2 of the General
Conditions which shall read as follows:
"3. An updated schedule, in the format specified in the Specifications, shall be required with
each submittal for progress payment by CONTRACTOR. Failure to provide an accurate
schedule (and/or updated schedule) shall be reason for OWNER to refuse progress payment to
CONTRACTOR."
SC -6.08 Permits
Add a new paragraph 6.08.8 immediately after paragraph 6.08.A of the General Conditions
which shall read as follows:
"B. CONTRACTOR shall obtain, and maintain on the job -site, an NPDES Storm Water
Discharge Permit, if needed, from the NPDES Branch of the Water Division of the Arkansas
Department of Environmental Quality (ADEQ). CONTRACTOR shall request the necessary
forms and instructions by writing to the following address:
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8001 National Drive
P.O. Box 8913
Little Rock, Arkansas 72219-8913
(501) 682-0744
SC -6.19 CONTRACTOR's General Warranty and Guarantee
Add a new paragraph 6.19.C immediately after paragraph 6.19.8 of the General Conditions
which shall read as follows:
"C. For a period of two (2) years, or longer if specified by special guarantees or by law,
CONTRACTOR shall at the CONTRACTOR's expense make all repairs and replacements
necessitated by defects in the materials, workmanship or prosecution of the Work under this
contract, and pay for any damage to other works or property resulting from such defects. The
CONTRACTOR shall submit a maintenance bond in the amount of 100% of the total project
construction cost to the ENGINEER to cover the above -specified two year warranty.
CONTRACTOR shall hold the OWNER and ENGINEER harmless from any liability of any
kind arising from said defects. The effective date for the beginning of the two (2) year
warranty period will be as decided by the ENGINEER and will be either the date of the
ENGINEER's recommendation for Final Payment in accordance with paragraph 14.07.B,
Review ofApplication and Acceptance, or the date of Substantial Completion as specified in
paragraph 14.04. CONTRACTOR shall make all repairs or replacements promptly upon
receipt of written order for the repairs or replacements from OWNER. If the CONTRACTOR
fails to make the repairs or replacements promptly, OWNER may perform the work and the
CONTRACTOR and the CONTRACTOR's Surety shall be liable for all costs thereof."
SC -7.01 Related Work at the Site
Delete paragraph 7.01 .A of the General Conditions in its entirety and insert the following in its
place:
"A. The Work is part of a Capital Improvements Program. As a result of the City's proposed
improvements, additional right-of-way and/or easements may or may not be obtained by the
City. Some utilities in the area may have to undertake various relocation and demolition in the
Project area. OWNER and ENGINEER do not have all information concerning the proposed
relocations of utilities, nor is the proposed schedule for relocating these utilities known. Also,
OWNER and ENGINEER cannot be certain that each and every utility requiring relocation
has been identified as to type and owner. It is likely that conditions at the site could vary
according to work done by other utility owners prior to the start of the Work under these
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Contract Documents. CONTRACTOR shall have no right to make a claim for changes in the
Contract Price or Contract Time as a result of the work of other utility owners being done by
those owners as a result of this Project, other than the right for additional quantities of Unit
Price Work, if applicable."
Delete the first sentence of paragraph 7.01.B of the General Conditions and insert the
following sentence in its place:
"B. CONTRACTOR shall afford each utility owner proper and safe access to the site and a
reasonable opportunity for the introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and coordinate the Work with theirs."
Delete the last sentence of paragraph 7.01.E of the General Conditions in its entirety.
SC -7.03 Separate Contractor Claim
Add a new paragraph 7.03 immediately after paragraph 7.02 of the General Conditions which
shall read as follows:
"7.03 Separate Contractor Claim
A. Should CONTRACTOR cause damage to the Work or property of any separate contractor
(or separate party) at the site, or should any claim arising out of CONTRACTOR'S
performance of the Work at the site be made by any separate contractor (or separate party)
against CONTRACTOR, OWNER or ENGINEER, or any such person, CONTRACTOR shall
promptly attempt to settle with such other separate contractor (or separate party) by agreement
or otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest
extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER
harmless from and against all claims, damages, losses and expenses (including, but not limited
to, fees and charges of engineers, architects, attorneys and other professionals and court and
arbitration costs) arising directly, indirectly or consequentially out of any action, legal or
equitable, brought by any separate contractor (or separate party) against OWNER or
ENGINEER to the extent based on a claim arising out of CONTRACTOR'S performance of
the Work. Should a separate contractor (or separate party) cause damage to the Work or
property of CONTRACTOR or should the performance of Work by any separate contractor (or
separate party) at the site give rise to any other claim, CONTRACTOR shall not institute any
action, legal or equitable, against OWNER or ENGINEER or permit any action against them
to be maintained and continued in CONTRACTOR'S name for benefit in any court or before
any arbitrator which seeks to impose liability on, or recover damages from OWNER or
ENGINEER on account of such damage or claim. If CONTRACTOR is delayed at any time
in performing or furnishing Work by any act or neglect of a separate contractor (or separate
party) and OWNER and CONTRACTOR are unable to agree as to the extent of any
adjustment in Contract Time attributable thereof, CONTRACTOR may make a claim for an
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extension of time in accordance with Article 12 of the General Conditions. An extension of
the Contract Time shall be the CONTRACTOR'S exclusive remedy with respect to OWNER
and ENGINEER for any delay, disruption, interference or hindrance caused by any separate
contractor (or separate party). This paragraph does not prevent recovery from OWNER or
ENGINEER for activities that are their respective contractual responsibilities."
SC -8.06 Insurance
Delete paragraph 8.06 of the General Conditions in its entirety.
SC -9.03 Project Representative
Paragraph 9.03 of the General Conditions is herein modified to include the furnishing of a
Resident Project Representative by ENGINEER. The responsibilities and authority and
limitations thereon of the Resident Project Representative are as provided in paragraph 9.10 of
the General Conditions.
SC -10.06 Authority for Changes in the Work
Add a new paragraph 10.06 immediately following paragraph 10.05 of the General Conditions
to read:
"10.06 Authority for Changes in the Work
A. CONTRACTOR shall note and abide by the following limits of authority of OWNER and
ENGINEER for changes in the Work which require a change in the Contract Price or Contract
time. Except in the case of extreme emergency to protect public safety, public welfare or
substantial Work, the following limits of Authority to the OWNER and ENGINEER shall
apply:
' Engineer's Representative - No authority.
Engineer - No authority.
Mayor - 520,000.00 (Accumulative).
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All accumulative changes which result in Contract Price changes in excess of $20,000.00 shall
require the formal approval of the Fayetteville City Council."
SC -11.03 Unit Price Work
Paragraph 11.03.C of the General Conditions is hereby deleted in its entirety and the following
is substituted in its place:
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"C. The unit price of an item of Unit Price Work shall be subject to re-evaluation and
adjustment under the following conditions:
1. if the total cost of a particular item of Unit Price Work amounts to 25 percent or
more of the Contract Price and the variation of the quantity of that particular item of Unit
Price Work performed by CONTRACTOR differs by more than 25 percent from the
estimated quantity of such item indicated in the Agreement; and
2. if there is no corresponding adjustment with respect to any other item of Work; and
3. if CONTRACTOR believes that CONTRACTOR has incurred additional expense as
I, a result thereof; or
4. if OWNER believes that the quantity variation entitles OWNER to an adjustment in
the unit price; then
5. either OWNER or CONTRACTOR may make a claim for an adjustment in the
Contract Price in accordance with Article II of the General Conditions ifthe parties
are unable to agree as to the effect of any such variations in the quantity of Unit
Price Work performed."
SC -12.03 Delays Beyond CONTRACTOR's Control
Delete the words "abnormal weather conditions" from the second sentence of paragraph 12.03.A
of the General Conditions, and add the following sentences at the end of paragraph 12.03.A:
"Contractor will be allowed delays for weather conditions, based on the concurrence of Contractor
and Owner or Engineer, for two circumstances: I) isolated inclement weather, wherein the project
I. site is determined to be unworkable for days of precipitation and days following for short times
between otherwise good weather; and 2) sustained inclement weather, wherein the project site is
determined to be unworkable for a sustained period of time, such as the winter months, with only
an occasional working day within the sustained unworkable conditions. If Contractor believes
either condition applies, a request shall be made to Engineer or Owner for a site meeting and a
joint determination of the site conditions and approval of the delay. Engineer will catalog these
approved delays, and will incorporate them into a Change Order for signature of Owner and
Contractor."
ISC -14.02 Progress Payments
Paragraph 14.02.A of the General Conditions is hereby deleted in its entirety and the following
substituted in its place:
"A. Applications for Payments
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I. Applications for payments shall be in the form of monthly estimates of all work
accomplished during the period ending the third Friday of each month or a day scheduled by
joint consent of CONTRACTOR and OWNER at the pre -construction conference.
2. ENGINEER, based upon data gathered during the construction process, will make an
estimate of the value of the Work completed during the estimate period and prepare the
monthly estimate for review and certification by CONTRACTOR. CONTRACTOR'.s
certification shall have the meaning described in subparagraph 5, below. CONTRACTOR
shall furnish to ENGINEER such detailed information, including invoices from material
suppliers, as ENGINEER may request to aid in the preparation of the progress payment
estimate. If OWNER or ENGINEER shall at any time fail to make CONTRACTOR a
monthly estimate or a progress payment at the time herein specified, such failure shall not be
held to violate or void the contract. CONTRACTOR's failure to provide an accurate and
current schedule update shall be reason to delay the monthly estimate and progress payment.
3. If payment is made on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the site, or at another location agreed to in writing, the
next monthly estimate shall also be accompanied by a bill of sale, invoice or other
documentation warranting that OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and equipment are covered by appropriate
property insurance and other arrangements to protect OWNER's interest therein, all of which
will be satisfactory to OWNER.
4.The amount of retainage with respect to progress payments will be as stipulated in the
Agreement.
SC-I4.02.B. Review of Applications
Delete paragraph 14.02.8.1 entirely.
Insert the following new subparagraphs to 14.02.13.5 of the General Conditions, as additional
reasons for ENGINEER to reduce CONTRACTOR's request for progress payment:
"e. CONTRACTOR has incurred potential liability for liquidated damages
f. CONTRACTOR has failed to maintain record documents as required by
paragraph 6.12; and
' g. CONTRACTOR has failed to submit the product data, certifications, or other
items required by the Specifications to document the quality of materials or
equipment."
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SC -14.02.C. Payment Becomes Due
Delete paragraph 14.02.C.I of the General Conditions and replace with the following:
I4.02.C.I. After the required internal reviews and processing by OWNER, OWNER will
diligently proceed to make payment to CONTRACTOR, in accordance with the approved
payment request, within 30 days. All efforts will be made to make payments within the 30 day
period, but OWNER cannot guarantee the 30 days maximum time."
SC -14.04 Substantial Completion
The following shall be added at the end of paragraph 14.04A of the General Conditions:
"The Work will be considered substantially complete when the following work items are
complete and ready for continuous use by the Owner:
The proposed water lines have been properly installed, inspected, tested, and passed all
testing aspects.
All pavement work has been completed, along with appurtenant items such as curb &
gutter, sidewalks, pavement markings, and signage.
CONTRACTOR has essentially completed the record documents required by paragraph 6.12, and,
in ENGINEER'S judgment, these are accurate and complete, and will be ready for delivery to
OWNER prior to Final Payment being made.
SC -14.05 Partial Utilization
Insert the following new paragraphs 14.05.A.2 and 14.05.A.3 in the General Conditions,
and renumber existing paragraph 14.05.A.2 as 14.05.A.4:
2. Any portions of the work may be considered substantially complete, prior to the
entire project being substantially complete, if the OWNER may take over continuous
operation of that part of the Work. Such part of the Work shall only be considered by
ENGINEER for partial utilization if no further connections must be made to it, and no
further interruptions in service due to other parts of the Work can reasonably be
anticipated.
3. OWNER may at any time request CONTRACTOR in writing to permit OWNER to
take over operation of any such part of the Work although it is not substantially complete.
A copy of such request will be sent to ENGINEER and within a reasonable time thereafter
OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the
Gregg Avenue Waterline Phase I 00800 (14)
Garver No. 0296-3600
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Work to determine its status of completion and will prepare a list of the items remaining
to be completed or corrected thereon before final payment. If CONTRACTOR does not
object in writing to OWNER and ENGINEER that such part of the Work is not ready for
separate operation by OWNER, ENGINEER will finalize the list of items to be completed
or corrected before final payment. ENGINEER will furnish OWNER and
CONTRACTOR together with a written recommendation as to the division of
responsibilities pending final payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, utilities, insurance, warranties and
guarantees for that part of the Work which will become binding upon OWNER and
CONTRACTOR at the time when OWNER takes over such operation (unless they shall
have otherwise agreed in writing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the Work, OWNER shall allow
CONTRACTOR reasonable access to complete or correct items on said list and to
complete other related Work."
End of Section 00800
Gregg Avenue Waterline Phase I 00800 (15)
Garver No. 0296-3600
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I • •
Section 01010
' SUMMARY OF WORK
Part 1 -GENERAL
1.1 SECTION INCLUDES
A. Project Scope
B. Work by Others
C. Work Sequence
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D. Contractor Use of Premises
1.2 PROJECT SCOPE
A. The work includes, but is not limited to, the installation of 18", 12", and 8" PVC water mains
along Gregg Avenue from Futrall Drive north to near the Mud Creek Bridge on Gregg Avenue,
along with steel encasement pipes, taps of various sizes , ductile iron water fittings, water valves,
water service lines, water meters, connections to existing water lines and services, and pavement
repairs as necessary.
1.3 WORK BY OTHERS
A. No work by other agencies is anticipated.
1.4 CONTRACTOR'S USE OF PREMISES
A. Contractor will be limited to the areas obtained as rights -of -way or easements within the
' project.
B. Contractor may obtain additional construction easements from property owners for
Contractor's convenience.
I C. No work shall begin until all agency approvals, easements, and required permits are obtained.
Note that work on this project takes place within the City of Fayetteville. The Contractor shall
comply with al I facets of the City's drainage ordinance. The Contractor shall comply with the
requirements of the Federal Clean Water Act and the Arkansas Water and Air Pollution
Control Act 472. In case of conflict between these regulations, orders, or decrees and other
provisions, the restrictive requirements shall apply.
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Gregg Avenue Waterline Phase I
01010 (1)
Garver No. 0296-3600
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The National Pollutant Discharge Elimination System (NPDES) requires a permit to discharge
storm water associated with industrial activity of construction sites into the waters of the
United States. The Arkansas Department of Environmental Quality (ADEQ) issues the
permits. The Contractor shall furnish the Engineer a copy of the Notice of Intent.
1.5 WORK SEQUENCE
A. Identify and locate all underground and aboveground utilities in the project area. Make the
necessary utility contacts, and spot dig at the locations shown in the plans or as directed. Use
the local datum provided by the Engineer to establish elevations. Submit these elevations in
order that the Engineer may adjust any elevations, and/or gradients if necessary.
B. The Contractor shall submit a construction contract schedule of the bar graph (or other approved)
1 type seven (7) calendar days prior to the preconstruction conference showing the following
information as a minimum:
(t) Actual date construction is scheduled to start if different from the date of notice to
proceed.
(2) Planned contract completion date.
(3) Sequence of construction for the various items that involve either existing and/or
potential relocated utilities to the Engineer for his review. This schedule shall have the
least negative impact on the adjacent property owners and provide an orderly sequence
that will produce the least disruptive action for utilities and their customers.
Coordinate with other utilities and/or their contractors to provide orderly sharing of the
site and schedule of activities to best continue the progress of the Work
(4) Beginning and completion dates for each phase of work.
(5) Respective dates for submission of shop drawings and the beginning of manufacture, the
testing of, and the installation of materials, supplies, and equipment.
(6) All construction milestone dates.
(7) A separate graph showing work placement in dollars versus contract time. The schedule
shall incorporate contract changes as they occur. The schedule shall be maintained in an
up-to-date condition and shall be available for inspection at the construction site at all
times.
The construction contract schedule shall be submitted in conjunction with and/or in addition to any
other specification requirements concerning schedules.
C. The Contractor shall comply with the Sequence of Construction as described in the Plans
unless otherwise approved in writing by the Engineer.
Gregg Avenue Waterline Phase 1 01010 (2) Garver No. 0296-3600
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Part 2- PRODUCTS
Not Used
Part 3 - EXECUTION
Not Used
End of Section 01010
Gregg Avenue Waterline Phase 1 01010 (3) Garver No. 0296-3600
Section 01025
1 MEASUREMENT AND PAYMENT
Part I - GENERAL
1.1 SECTION INCLUDES:
A. Delineation of measurement and payment criteria applicable to Unit Price Work, whether
the unit price *items are part of a unit price contract or are part of a Stipulated Price
' contract.
B. Defect assessment and non-payment for rejected work.
1.2 AUTHORITY
A. Measurement methods are delineated for each individual bid item, or for a group of
similar items, under this section.
B. Engineer will take all measurements and compute quantities accordingly.
C. Contractor shall assist with quantities measurement by providing necessary equipment,
workers, and survey personnel as required.
1.3 UNIT QUANTITIES SPECIFIED
A. Quantities and measurements indicated in the Bid Form are for bidding and contract
purposes only. Quantities and measurements supplied or placed in the Work and verified
by Engineer shall determine payment except those items of work that will be paid based
on plan quantities.
B. If the actual Work requires more or fewer quantities than those quantities indicated, the
Contractor shall provide the required quantities at the unit prices contracted.
1 1.4 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Items measured by weight will use specified standard
handbook weights unless otherwise specified in this section for an individual item.
B. Measurement by Volume: Measured by cubic dimension using mean length, width and
height or thickness with survey chain or a steel tape.
C. Measurement by Area: Measured by square dimension using mean length and width or
radius, with survey chain or steel tape.
Gregg Avenue Waterline Phase I 01025 (I) Garver No. 0296-3600
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D. Linear Measurement: Measured by linear dimension, at the item centerline or mean
chord, with survey chain or steel tape.
E. Individual Item Measurement: Items to be paid for "each" unit furnished and installed
shall be counted by Engineer.
1.5 PAYMENT
1 A. Payment Includes: Full compensation for required labor, products, tools, equipment,
transportation, services and incidentals; erection, application or installation of an item of
' the Work; overhead and profit.
B. Final payment for Work governed by unit prices will be made on the basis of the actual
1 measurements and quantities accepted by Engineer multiplied by the unit price for Work
which is incorporated in or made necessary by the Work.
1.6 DEFECT ASSESSMENT
A. Replace the Work, or portions of the Work, not conforming to specified requirements.
I B. If, in the opinion of Engineer, it is not practical to remove and replace the Work, Engineer
will direct that the defective Work will be repaired to the satisfaction of Engineer, and the
unit price will be adjusted to a new price at the discretion of Engineer.
C. The authority of Engineer to assess the defect and identify payment adjustment is final.
1.7 NON-PAYMENT FOR REJECTED PRODUCTS
A. Payment will not be made for any of the following:
I. Products wasted or disposed of in a manner that is not acceptable.
1 2. Products determined as unacceptable before or after placement.
3. Products not completely unloaded from the transporting vehicle.
4. Products placed beyond the lines, levels or boundaries of the required Work.
5. Products remaining on hand after completion of the Work.
6. Loading, hauling and disposing of rejected Products.
1.8 INCIDENTAL ITEMS
A. General - Items indicated as incidental to a particular payment item are considered an
integral part of that payment item, and will not be measured or considered in determining
payments.
I B. Safety - Safety is considered as incidental to every payment item, except for excavation
safety, which is a separate bid item.
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IGregg Avenue Waterline Phase 1 01025 (2) Garver No. 0296-3600
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C. Testing: Unless otherwise specified in the Technical Specifications, all quality
control and quality assurance sampling and testing shall be at the Contractor's
expense in accordance with the requirements of the technical specifications.
Sampling and testing required by the specifications to be completed by the
Contractor is incidental to any item included in the work being tested. Retesting
after corrective action to Work initially found to be defective is incidental to the
item.
The Owner reserves the right to perform additional testing and may perform some quality
assurance testing as indicated in the technical specifications, at the Owner's expense, to
compare with or confirm the Contractor's test results. If the Contractor's test results are
determined to be invalid, comparative testing performed by the Owner shall be paid for by
the Contractor. All failed tests shall be paid for by the Contractor.
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D. Mobilization - mobilization, clean-up, project closeout, project record documents, and all
costs not directly mentioned in this section are considered as incidental to the Work.
E. Excess Excavation - Excess excavation is generally incidental to the payment item, except
' where Engineer has indicated that an excavation be expanded due to subsurface
conditions. Excess excavation undertaken by Contractor to stabilize the trench bottom or
walls, where dewatering or shoring would be suitable to correct trench conditions, will not
be paid. Excess excavation includes backfilling with approved material as specified or as
indicated on the Drawings.
1.9 PAYMENT ITEMS - See Technical Specifications
IPart 2 - PRODUCTS
Not Used
Part 3 - EXECUTION
INot Used
End of Section 01025
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IGregg Avenue Waterline Phase 1 01025 (3) Garver No. 0296-3600
Section 01035
MODIFICATION PROCEDURE
Part I - GENERAL
1.1 SUMMARY
A. This section describes steps to make changes in the Work, Contract Price, Contract Times, or
any combination thereof, as are described in written Change Orders signed by Owner,
Contractor, and Engineer and issued after execution of the Agreement, and in other
instruments of change as described herein in accordance with the provisions of this Section.
Section includes:
' I. Documentation of change in Contract Price and Contract Time.
2. Change procedures.
3. Work Change Directive.
4. Stipulated Price Change Order.
5. Unit price change order.
6. Time and material change order.
7. Execution of Change Orders.
8. Correlation of Contractor submittals.
B. Related work:
II. Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions and the Supplementary Conditions of these Specifications.
2. Changes in the Work are described further in the General Conditions.
3. Section 01700- Contract Closeout.
1.2 QUALITY ASSURANCE
A. Take such measures needed to assure familiarity of Contractor's staff and employees with the
procedures outlined in this section for processing Change Order data.
B. Submit name of the individual authorized to receive change documents, and be responsible for
' informing others in Contractor's employ or Subcontractors of changes to the Work.
1.3 FORMAT
A. Change Order Form: EJCDC 1910-8-B or other approved by the Owner.
' B. Work Change Directive Form: EJCDC 1910-F or other approved by the Owner.
C. Field Order Form: Engineer's letter.
' Gregg Avenue Waterline Improvements 01035 (I)
Garver No. 0296-3600
1 1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME
A. Maintain detailed records of work done on a time and material basis. Provide full information
required for evaluation of proposed changes, and to substantiate costs of changes in the Work.
I B. Document each quotation for a change in cost or time with sufficient data to allow evaluation
of the quotation.
C. On request, provide additional data to support computations:
Ii. Quantities of products, labor, and equipment.
2. Taxes, insurance, and bonds.
3. Overhead and profit.
4. Justification for any change in Contract Time.
5. Credit for deletions from the Work, similarly documented.
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D. Support each claim for additional costs, and for work done on a time and material basis, with
additional information:
I. Origin and date of claim.
2. Dates and times work was performed, and by whom.
3. Time records and wage rates paid.
' 4. Invoices and receipts for products, equipment, and subcontracts, similarly documented.
1.5 FIELD ORDER
1 A. Engineer will authorize, in writing, minor changes in the Work not involving an adjustment to
Contract Price or Contract Time as authorized by Paragraph 9.05 of the General Conditions by
issuing a Field Order.
' 1.6 WORK CHANGE DIRECTIVE
A. Engineer may issue a Work Change Directive, signed by Owner, instructing Contractor to
proceed with a change in the Work, for subsequent inclusion in a Change Order.
B. The Work Change Directive will describe changes in the Work, and will designate method of
' determining any change in Contract Price or Contract Time.
C. Promptly execute the change in Work.
' 1.7 STIPULATED PRICE CHANGE ORDER
' A. Based on notice of change and Contractor's fixed price quotation and subsequent negotiations.
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IGregg Avenue Waterline Improvements 01035 (2) Garver No. 0296-3600
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1 1.8 UNIT PRICE CHANGE ORDER
IA. For pre -determined unit prices and quantities, Change Order will be executed on a fixed unit
price basis.
B. For unit costs or quantities of units of work which are not pre -determined, execute Work under
a Work Change Directive, or based on negotiation and an executed Change Order.
1 1.9 TIME AND MATERIAL CHANGE ORDER
A. Submit itemized account and supporting data after completion of change, within time limits
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indicated in the General Conditions.
B. Engineer will determine the change allowable in Contract Price and Contract Time as provided
in the Contract Documents.
IC. Maintain detailed records of work done on time and material basis.
D. Provide full information required for evaluation of proposed changes, and to substantiate costs
for changes in the Work.
1.10 EXECUTION OF CHANGE ORDERS
A. Engineer will provide Change Order forms for signatures of parties as provided in the General
Conditions in the number of copies indicated in the Supplementary Conditions.
1.11 CORRELATION OF CONTRACTOR SUBMITTALS
A. Promptly revise Application for Payment forms to record each authorized Change Order as a
separate line item and adjust the Contract Price.
B. Promptly revise progress schedules to reflect any change in Contract Time, revise sub -
schedules to adjust time for other items of work affected by the change, and resubmit.
' C. Promptly enter changes in Project Record Documents.
Part 2 - PRODUCTS
Not Used.
' Part 3 - EXECUTION
Not Used.
End of Section 01035
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Gregg Avenue Waterline Improvements 01035 (3) Garver No. 0296-3600
Section 01040
COORDINATION AND MEETINGS
Part I - GENERAL
1.1 SUMMARY
' A. This Section expands upon requirements regarding coordination, conferences and
meetings, described to permit direct reference from individual product specification
' Sections.
1. Coordination
2. Preconstruction conference
' 3. Progress meetings
1.2 RELATED SECTIONS
A. Documents affecting work of this Section include, but are not necessarily limited to the
General Conditions and the Supplementary Conditions of these Specifications.
' 1.3 COORDINATION
IA. Coordinate construction activities with other contractors working in the same vicinity on
other projects. It is anticipated that other utilities may be relocated during the same time,
in the same area as this project.
AB. The Contractor, on the basis of the schedule and progress meetings shall notify the
appropriate property owners of earthwork, trenching, pipe laying, cleanup, or other
' activities scheduled to occur on, or adjacent to, their property during the coming week.
The individual property owner, or tenant thereof, shall be notified at least 48 hours in
advance of occupying, storing materials on, or performing work on any right-of-way or
easement. It shall be the responsibility of the Contractor to provide a minimum of 72
hours advance notice to the Engineer, Traffic department, Police Department, and Fire
Department prior to cutting or blocking any public street or roadway.
' All planned interruptions of water service shall be coordinated with the Engineer and the
Fayetteville Water department. A minimum of48 hours notice shall be required. Service
' interruptions, when allowed by the Engineer, shall be scheduled between 8:00 a.m. and
5:00 p.m. and shall be limited to a maximum time of 4 hours for each individual meter
unless specifically approved otherwise.
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Gregg Avenue Waterline Phase I 01040 (1) Garver No. 0296-3600
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All work that the Contractor will do that is related to traffic control devices or other
related items shall be coordinated with the Traffic Department superintendent for the City
of Fayetteville.
C. Coordinate scheduling, submittals, and Work of the various Sections of specifications to
assure efficient and orderly sequence of installation of interdependent construction
elements with provisions for accommodating items installed later.
' D. Verify that utility requirement characteristics of operating equipment are compatible with
existing utilities. Coordinate work of various Sections having interdependent
responsibilities for installing, connecting to, and placing in service such equipment.
E. Coordinate completion and clean up of Work of separate Sections in preparation for
Substantial Completion.
F. After Owner occupancy of premises, coordinate access to site for correction of defective
' Work and Work not in accordance with Contract Documents, to minimize disruption of
Owner's activities.
' 1.4 PRECONSTRUCTION CONFERENCE
A. The Contractor will be contacted within 7 days after the Notice of Award to schedule a
' preconstruction conference. This conference will be scheduled so that the Contractor, the
Engineer, and the Owner can all be present. It will be scheduled within 21 days from the
Notice of Award. No work can begin at the site until after this meeting.
' B. Attendance Required: Authorized representatives of Owner, Engineer, and Contractor.
C. Agenda:
II. Distribution of executed Owner -Contractor Agreement.
2. Submission of executed bonds and insurance certificates.
3. Distribution of Contract Documents.
' 4. Submission of list of Subcontractors, list of products, and proposed schedule.
See Section 01010 for information on the Contractor's submittal regarding the
project schedule.
5. Designation of personnel representing the parties in Contract, and the Engineer.
' 6. Procedures and processing of field decisions, shop drawings, submittals,
substitutions, applications for payments, Change Orders and Contract closeout
procedures.
' Gregg Avenue Waterline Phase 1 01040 (2) Garver No. 0296-3600
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7. Construction schedule, including sequence of critical work.
8. Channels and procedures for communication.
9. Rules and regulations governing performance of the Work.
10. Procedures for safety and first aid, security, quality control, and related matters.
1.5 PROGRESS MEETINGS
A. Schedule and administer meetings throughout progress of the Work beginning at weekly
intervals or as determined by Engineer.
B. Make arrangements for meetings, prepare agenda with copies for participants, preside at
meetings, record minutes, and distribute copies within two days to Engineer, Owner,
participants, and those affected by decisions made.
C. Attendance Required: Job superintendent, major Subcontractors and suppliers, Owner,
Engineer, and others as appropriate to agenda topics for each meeting.
D. Agenda:
I. Review minutes of previous meetings.
2. Review of Work progress.
3. Field observations, problems, and decisions.
4. Identification of problems which impede planned progress.
5. Review of submittals schedule and status of submittals.
6. Review of off -site fabrication and delivery schedules.
7. Maintenance of progress schedule.
8. Corrective measures to regain projected schedules.
9. Planned progress during succeeding work period.
10. Coordination of projected progress.
11. Maintenance of quality and work standards.
Gregg Avenue Waterline Phase 1 01040 (3) Garver No. 0296-3600
' 12. Effect of proposed changes on progress schedule and coordination.
' 13. Other business relating to Work.
' Part 2 - PRODUCTS
Not Used
iPart 3 - EXECUTION
' Not Used
End of Section 01040
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Gregg Avenue Waterline Phase 1 01040 (4) Garver No. 0296-3600
Section 01051
CONSTRUCTION SURVEYS
Part I -GENERAL
1.1 SUMMARY
A. This Section defines staking services that Engineer will furnish, and sets forth
responsibilities of Contractor regarding the use and maintenance of same.
B. Related Work: Documents affecting work of this Section include, but are not limited to,
the General Conditions and the Supplementary Conditions of these Specifications.
C. Definitions
I. "Control Points" are the original reference points set or found by the Engineer for
the construction work.
2. "Construction Staking" is an additional staking required as the project progresses
which is the responsibility of the Contractor.
1.2 REQUIREMENTS
A. Engineer shall provide the following
I. Set temporary benchmarks.
2. Set horizontal control points and provide coordinates in Plans to allow for
Contractor's layout.
3. Reset points found to be in error.
B. Contractor shall provide the following staking:
I. All construction staking except as provided by Engineer above.
2. Reset stakes, marks, or pins lost due to Contractor's operations.
1.3 CONTROL STAKING
A. Survey Control Points
I. Engineer has provided location of survey control points with horizontal and
vertical locations throughout the Plans for use by the Contractor in performing
construction staking for the Work.
B. Checking Stakes
I. Examine points before commencing operations.
Gregg Avenue Waterline Phase 1 01051 (1) Garver No. 0296-3600
2. Notify Engineer, if validity of any control point is questionable.
3. Engineer will check points in question.
4. Any control points found to be in error will be reset by the Engineer.
5. If points are valid, Contractor shall pay for cost of checking points.
C. Preservation of Stakes
I. Contractor shall inform his employees, subcontractors and vendors of importance
of control points and the necessity of their preservation.
2. Contractor shall pay for resetting any control stakes, marks, or pins lost due to
Contractor's operations.
1.4 CONSTRUCTION STAKING
A. Provide all construction staking as needed to complete the Work.
Part 2- PRODUCTS
Not Used
Part 3 - EXECUTION
Not Used
End of Section 01051
Gregg Avenue Waterline Phase 1 01051 (2) Garver No. 0296-3600
Section 01060
REGULATORY REQUIREMENTS
Part I - GENERAL
1.1 SECTION INCLUDES:
A. Listing of certain applicable local, state, and federal regulatory requirements applicable to the
project.
B. Discussion of specific implementation of certain regulatory requirements.
1.2 NOT INCLUDED:
A. Comprehensive listing of applicable local, state, and federal regulatory requirements
applicable to the project.
B. Reference to or listing of applicable safety standards.
1.3 RELATED SECTIONS
A. Documents affecting work of this Section include, but are not necessarily limited to, the
General Conditions and the Supplementary Conditions of these Specifications.
B. Section 01090- Reference Standard: applicable consensus standards.
C. Specific Sections of this Specification include additional requirements of local, state, and
federal regulatory requirements.
1.4 AMERICANS WITH DISABILITIES ACT
A. Comply with portions applicable to construction and construction sites.
1.5 FAYETTEVILLE WATER SPECIFICATIONS
A. City of Fayetteville Standards for Waterline Construction, dated April 1996, or their latest
revision, are available in Appendix A for review.
1.6 ARKANSAS HIGHWAY AND TRANSPORTATION DEPARTMENT
A. Construction standards as listed in individual Specification Sections.
Gregg Avenue Waterline Phase 1 01060 (1) Garver No. 0296-3600
1.7 ARKANSAS DEPARTMENT OF HEALTH (ADH)
A. Project has been submitted to ADH for approval with applicable design standards
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B. Do not deviate from ADH approved Drawings and Specifications without approval of
Engineer.
C. Deviations requested by Contractor which require re -submittal to ADH - Contractor will
reimburse Owner for cost of re -submittal and obtaining approval.
Pan 2 - PRODUCTS
Not Used
Part 3 - EXECUTION
Not Used
Gregg Avenue Waterline Phase I
End of Section 01060
01060 (2)
Garver No. 0296-3600
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Section 01090
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REFERENCE STANDARDS AND ABBREVIATIONS
Part 1 - GENERAL
1.1 SECTION INCLUDES
A.
A listing of organizations providing reference standards referenced in the
Specifications.
B.
Information on the use of reference standards.
C.
A listing of abbreviations used throughout the Contract Documents.
1.2 RELATED SECTIONS
A.
General Conditions, Supplementary Conditions
1.3 SCHEDULE OF REFERENCES
A.
AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street, NW
Washington, DC 20001
B.
ACI American Concrete Institute
Box 19150
Redford Stations
Detroit, MI 48219
C.
AGC Associated General Contractors of America
1957 E Street, NW
Washington, DC 20006
D.
Al Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
E.
ANSI American National Standards Institute
1430 Broadway
New York, NY 10018
F.
ASPA American Sod Producers Association
4415 West Harrison Street
Hillside, IL 60612
Gregg Avenue Waterline Phase I 01090 (1) Garver No. 0296-3600
' G. ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
H. AWWA American Water Works Association
' 6666 West Quincy Avenue
Denver, CO 80235
' 1. EJCDC Engineers' Joint Contract Documents Committee
American Consulting Engineers Council
1015 15th Street, NW
Washington, DC 20005
ii. FS Federal Specifications
General Services Administration, Specifications and Consumer
Information Distribution Section (WFSIS)
' Washington Navy Yard, Building 197
Washington, DC 20407
' K. MIL Military Specification
Naval Publications and Forms Center
5801 Tabor Avenue
Philadelphia, PA 19120
L. PCA Portland Cement Association
' 5420 Old Orchard Road
Skokie, IL 60077
' M. UL Underwriters' Laboratories, Inc.
333 Pf'ringston Road
Northbrook, IL 60062
1.4 ABBREVIATIONS
Whenever the following abbreviations and acronyms are used, they shall have the
corresponding meaning as follows.
' AGA - American
AHTD - Arkansas
' AASHTO - American
AISC - American
APA - American
' ASA - American
AWG - American
AWPA - American
AWS - American
Gas Association
Highway and Transportation Department
Association of Highway and Transportation Officials
Institute of Steel Construction
Plywood Association
Standards Association
Wire Gage
Wood Products Association
Welding Society
' Gregg Avenue Waterline Phase 1 01090 (2) Garver No. 0296-3600
1 ! •
GSA - General Services Administration, U.S. Government
NHBA - National Builders Hardware Association
NEC - National Electric Code
NEMA - National Electric Manufactures Association
NFPA - National Fire Protection Association
NPT - National Pipe thread
SBC - Standard Building Code (also SSBC)
SPA - Southern Products Association
' A - Ampere
cfm - cubic feet per minute
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CGMP - corrugated galvanized metal pipe
DIP - ductile iron pipe
' gpm - gallons per minute
Hp - horsepower
MGD - million gallons per day
N.C. - normally closed
N.O. - normally open
ppm - parts per million
' psi - pounds per square inch
PVC - polyvinyl chloride (pipe)
R - motor starter relay
' RCP - reinforced concrete pipe
rpm - revolutions per minute
T.D. - time delay
' TDH - total dynamic head
V - volt
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PART2-PRODUCTS
Not Used
PART 3 - EXECUTION
Not Used
End of Section 01090
' Gregg Avenue Waterline Phase I 01090 (3) Garver No. 0296-3600
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Part I -GENERAL
' 1.1 SUMMARY
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Section 01300
SUBMITTALS
A. This Section expands upon requirements regarding administrative and procedural
requirements for submittals of progress schedules, shop drawings, product data, samples,
manufacturer's instructions, and manufacturer's certificates.
B. Related Work:
Section 01700 - Contract Closeout: Contract warranty, manufacturer's certificates,
and closeout submittals.
1.2 SUBMITTAL PROCEDURES
A. Transmit each submittal with form accepted by Engineer. Send the number of copies the
Contractor requires plus two copies which will be retained by the Engineer. Small
unreadable print, common with faxed information, is not acceptable.
B. Sequentially number the transmittal forms. Re -submittals to have original number with
an alphabetic suffix.
' C. Identify Project, Contractor, Subcontractor or supplier; pertinent Drawing sheet and detail
' number(s), and specification Section number, as appropriate.
D. Apply Contractor's stamp, signed or initialed certifying that review, verification of
Products required, field dimensions, adjacent construction Work, and coordination of
information, is in accordance with the requirements of the Work and Contract Documents.
E. Schedule submittals to expedite the Project, and deliver to Engineer. Coordinate
submission of related items.
IF. Identify variations from Contract Documents and Product or system limitations which
may be detrimental to successful performance of the completed Work.
G. Provide space for Contractor and Engineer review stamps.
H. Revise and resubmit submittals as required, identify all changes made since previous
' submittal.
' Gregg Avenue Waterline Phase 1 01300 (1) Garver No. 0296-3600
' I. Distribute copies of reviewed submittals to concerned parties. Instruct parties to promptly
report any inability to comply with provisions.
' 1.3 CONSTRUCTION PROGRESS SCHEDULES
A. Submit initial progress schedule in duplicate within 15 days after date of Owner -
Contractor Agreement for Engineer review.
B. Submit a horizontal bar chart with separate line for each major section of Work or
operation, identifying first work day of each week.
C. Show complete sequence of construction by activity, identifying Work of separate stages
and other logically grouped activities.
' D. Indicate estimated percentage of completion for each item of Work at each submission.
E. Indicate submittal dates required for shop drawings, product data, and samples.
1.4 SHOP DRAWINGS
' A. Submit the number of opaque reproductions which Contractor requires, plus two copies
which will be retained by Engineer. Small unreadable print, common with faxed
information, is not acceptable.
B. Make Shop Drawings accurately to a scale sufficiently large to show all pertinent aspects
of the item and its method of connection to the Work.
C. Unless otherwise specified, make submittals in groups containing all associated items to
' assure that information is available for checking each item when it is received.
I. Partial submittals may be rejected as not complying with the provisions of the
Contract.
2. The Contractor may be held liable for delays so occasioned.
D. Make submittals far enough in advance of scheduled dates for installation to provide time
required for reviews, for securing necessary approvals, for possible revisions and re -
submittals, and for placing orders and securing delivery.
' E. In scheduling, allow at least ten working days for review by the Engineer following the
Engineer's receipt of the submittal.
' F. Submittal log:
I1. Maintain an accurate submittal log for the duration of the Work, showing current
status of all submittals at all times.
2. Make the submittal log available to the Engineer for the Engineer's review upon
request.
Gregg Avenue Waterline Phase 1 01300 (2) Garver No. 0296-3600
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G. After review distribute in accordance with Article on Procedures above and for Record
Documents described in Section 01700- Contract Closeout.
1.5 PRODUCT DATA
A. Submit the number of copies which the Contractor requires, plus two copies which will be
retained by the Engineer. Small unreadable print, common with faxed information, is not
acceptable.
B. Mark each
copy to identify applicable
products,
models, options, and
other data.
Supplement
manufacturers' standard data
to provide
information unique to
this Project.
C. After review, distribute in accordance with Article on Procedures above and provide
copies for Record Documents described in Section 01700- Contract Closeout.
1.6 SAMPLES
A. Submit samples to illustrate functional and aesthetic characteristics of the Product, with
integral parts and attachment devices. Coordinate sample submittals for interfacing work.
' B. Submit samples of coatings or finishes for Engineer's selection.
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C. Include identification on each sample, with full product information.
D. Submit the number or samples specified in individual specification Sections; one of which
will be retained by Engineer.
E. Reviewed samples which may be used in the Work are indicated in individual
specification Sections.
1.7 MANUFACTURER'S INSTRUCTIONS
A. When specified in individual specifications Sections, submit manufacturers' printed
instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing,
in quantities specified for Product Data.
B. Identify conflicts between manufacturers' instructions and Contract Documents.
' 1.8 MANUFACTURER'S CERTIFICATES
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A. When specified in individual specification Sections, submit manufacturers' certificate to
Engineer for review, in quantities specified for Product Data.
B. Indicate that material or product conforms to or exceeds specified requirements. Submit
supporting reference data affidavits, and certifications as appropriate.
C. Certificates may be recent or previous test results on material or Product, but must be
acceptable to Engineer.
' Gregg Avenue Waterline Phase 1 01300 (3) Garver No. 0296-3600
' Part 2 -PRODUCTS
Not Used
' Part 3 -EXECUTION
Not Used
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End of Section 01300
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Gregg Avenue Waterline Phase 1 01300 (4) Garver No. 0296-3600
Section 01410
TESTING LABORATORY SERVICES
Part 1 -GENERAL
' 1.1 SUMMARY
A. This Section describes testing to be provided by a pre -qualified, Owner approved,
independent laboratory, plus cooperation required from the Contractor with others responsible
for testing and inspecting the Work.
B. Unless otherwise specified in the Technical Specifications, all quality control and quality
assurance sampling and testing shall beat the Contractor's expense in accordance with
the requirements of the technical specifications. Testing required by the specifications
to be completed by the Contractor is incidental to any item included in the work being
tested. Retesting after corrective action to Work initially found to be defective is
incidental to the item.
IC. The Owner reserves the right to perform additional testing and may perform some quality
assurance testing as indicated in the technical specifications, at the Owner's expense, to
compare with or confirm the Contractor's test results. If the Contractor's test results are
determined to be invalid, comparative testing performed by the Owner shall be paid for by the
Contractor. All failed tests shall be paid for by the Contractor.
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D. Related work:
' I. Documents affecting work of this Section include, but are not necessarily limited
to, General Conditions, Supplementary Conditions, and Technical Specifications
'sections.
2. Requirements for testing may be described in various Sections of these
' Specifications.
3. Where no testing requirements are described, but the Owner or the Owner's
representative decides that testing is required, such tests shall be performed under
' current pertinent standards for testing by the Owner.
E. Selection of Laboratory:
Selection of testing laboratory: The Owner will select a pre -qualified independent testing
laboratory for its Quality Assurance testing services. The Contractor will select a pre-
' qualified independent testing laboratory for Quality Assurance/Control sampling and
testing services. Neither Owner nor Contractor shall utilize a testing laboratory against
which the other has a reasonable objection.
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Gregg Avenue Waterline Phase 1 01410 (1) Garver No. 0296-3600
1.2 TESTING LABORATORY AND TEST
A. The testing laboratory will be qualified to the Owner's approval in accordance with ASTM
E 329.
B. Testing, when required, will be in accordance with all pertinent codes and regulations, and
with selected standards of the American Society for Testing and Materials and the
American Association of State Highway and Transportation Officials.
1.3 DELIVERY, STORAGE, AND HANDLING
' A. Comply with pertinent provisions of Section 01620.
B. The Contractor shall promptly process and distribute required copies of test reports and
related instructions to assure necessary re -testing and replacement of materials with the
least possible delay in progress of the Work.
Part 2— PRODUCTS
2.1 QUALITY ASSURANCE / QUALITY CONTROL
Responsibilities for Quality Assurance and Quality Control testing are described in the technical
specifications. The costs for failed tests shall be borne by the Contractor.
2.3 CODE COMPLIANCE TESTING
Inspections and tests required by codes or ordinances, or by a plan approval authority, and which
are made by a legally constituted authority, shall be the responsibility of and shall be paid for by
Contractor, unless otherwise provided in the Contract Documents.
' 2.4 CONTRACTOR'S CONVENIENCE TESTING
Inspecting and testing performed exclusively for Contractor's convenience shall be sole
responsibility of Contractor.
Part 3 -EXECUTION
3.1 COOPERATION WITH TESTING LABORATORY
Representatives of the testing laboratory shall provide access to the Work at all times and at all
locations where the Work is in progress.
3.2 TAKING SPECIMENS
Specimens and samples for testing, unless otherwise provided in the Contract Documents, shall
1 Gregg Avenue Waterline Phase 1 01410 (2) Garver No. 0296-3600
be taken by testing personnel.
SCHEDULES FOR TESTING
Establishing schedule:
By advance discussion with testing laboratory selected by Owner, determine the
time required for laboratory to perform tests and to issue findings.
Provide all required time within the construction schedule.
Revising schedule: When changes of construction schedule arc necessary during
construction, coordinate all such changes with the testing laboratory as required.
Adherence to schedule: When the testing laboratory is ready to test according to the
established schedule, but is prevented from testing or taking specimens due to
incompleteness of the Work, all extra charges for testing attributable to the delay may be
back -charged to Contractor and shall not be borne by Owner.
End of Section 01410
Gregg Avenue Waterline Phase 1 01410 (3) Garver No. 0296-3600
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Section 01500
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
Part I - GENERAL
• 1.1 SUMMARY
A. This Section describes construction facilities and temporary controls required for the Work.
•B. Related work:
I . Documents affecting work of this Section include, but arc not necessarily limited to,
the General Conditions and the Supplementary Conditions of these Specifications.
2. Except that equipment furnished by subcontractors shall comply with requirements of
pertinent safety regulations, such equipment normally furnished by the individual
trades in execution of their own portions of the Work are not part of this Section.
I 3. Permanent installation and hookup of the various utility lines are described in other
Sections.
1.2 REQUIREMENTS
A. Provide construction facilities and temporary controls needed for the Work including, but not
necessarily limited to:
I. Temporary Utilities: Electricity, heat, ventilation, telephone, water and sanitary
facilities.
2. Temporary Controls: Barriers, enclosures, fencing, protection of the Work, and water
' control.
3. Construction Facilities: Access roads and temporary buildings.
4. Project sign, if required.
1.3 DELIVERY, STORAGE, AND HANDLING
A. Maintain temporary facilities and controls in proper and safe condition throughout progress of
the Work.
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' Gregg Avenue Waterline Phase 1 01500 (1) Garver No. 0296-3600
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Part 2 - PRODUCTS
2.1 MAINTENANCE OF TRAFFIC
A. Keep existing roads open to all traffic except where permitted or directed otherwise by the
Contract Documents or the Engineer. Detour routes are required for this project. Keep the
portion of the project being used by public traffic, either through or local traffic, in such
condition to permit safe, continuous flow two-way traffic at all times.
Where the nature of the work restricts or prohibits two-way flow, one-way operation may be
maintained by use of flagmen.
Conduct work as to assure the least possible obstruction to traffic. Provide for safety and
convenience of the general public, residents affected by construction, and protection of persons
and property.
IC. Maintain existing roads from the date work is begun until the project has been completed and
accepted.
ID. Provide traffic control devices and operations required to delineate temporary hazards which
result from construction. Traffic control devices shall comply with applicable portions of the
MUTCD and Section 604 of AHTD. Traffic control devices which are ineffective due to size,
age, wear and tear, or improper delineation shall be removed from the site and replaced with
suitable devices.
2.2 UTILITIES
A. Water
1. Provide necessary temporary piping and water supply and, upon completion of the
Work, remove such temporary facilities.
2. Provide and pay for water used in construction, including water used to flush and test
pipelines and appurtenances.
B. Electricity
II. Provide necessary temporary wiring and, upon completion of the Work, remove such
temporary facility.
2. Provide area distribution boxes so located that the individual trades may furnish and
use 100 ft. maximum length extension cords to obtain power and lighting at points
where needed for work, inspection, and safety.
3. Provide and pay for electricity used in construction.
C. Heating: Provide and pay for heat devices and heat necessary to maintain specified conditions
for construction operations needed in the Work.
Gregg Avenue Waterline Phase 1 01500 (2) Garver No. 0296-3600
D. Temporary Ventilation
II. Ventilate enclosed areas to assist cure of materials, to dissipate humidity, and to
prevent accumulation of dust, fumes, vapors, or gases.
2. Provide equipment as required to maintain proper ventilation construction operations.
' E. Temporary Sanitary Facilities
1. Provide temporary sanitary facilities in the quantity required for use by all personnel.
2. Maintain insanitary condition at all times.
' 2.3 BARRIERS
IA. Provide barriers to prevent unauthorized entry to construction areas to allow for Owner's use of
site, and to protect existing facilities and adjacent properties from damage from construction
operations and demolition.
B. Provide protection for plant life designated to remain. Replace damaged plant life.
IC. Protect non -owned vehicular traffic, stored materials, site and structures from damage.
2.4 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide, operate, and maintain
pumping equipment.
' B. Protect site from puddling or running water. Provide water barriers as required to protect site
from soil erosion.
' 2.5 PROTECTION OF INSTALLED WORK
A. Protect installed Work and provide special protection where specified in individual
specification Sections.
B. Provide temporary and removable protection for installed Products. Control activity in
immediate work area to minimize damage.
' C. Provide temporary covering at the ends of installed piping at the end of each work day to
prevent entry of dirt, debris and rodents.
' D. Prohibit traffic on dressed and seeded areas.
' 2.6 SECURITY
A. Provide security and facilities to protect Work, existing facilities, and Owner's operations from
unauthorized entry, vandalism, or theft.
Gregg Avenue Waterline Phase I 01500 (3) Garver No. 0296-3600
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2.7 ACCESS ROADS
A. Construct and maintain temporary roads accessing public thoroughfares to serve construction
area.
B. Extend and relocate as Work progress requires. Provide detours necessary for unimpeded
traffic flow.
' C. Provide and maintain access to fire hydrants, free of obstructions.
2.8 PROGRESS CLEANING
A. Maintain areas free of waste materials, debris, and rubbish. Maintain site in a clean and
orderly condition.
B. Remove waste materials, debris, and rubbish from site periodically and dispose off -site.
' 2.9 FIELD OFFICES AND SHEDS
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A. Contractor's facilities: (applicable when included as a bid item)
I. Provide a temporary field office building and sheds adequate in size and accommodation
for Contractor's offices, supply, and storage.
2. Within the Contractor's facilities, provide enclosed space adequate for holding project
meetings. Furnish with table, chairs, and utilities.
3. Make necessary arrangements and pay costs for installation and operation of telephone
service to the Contractor's office at the job site.
4. Make the telephone available to the Engineer for use in connection with the Work.
B. Locate offices and sheds a minimum distance of 30 feet from existing and new structures.
2.10 ENCLOSURES
A. Provide and maintain for the duration of construction all scaffolds, tarpaulins, canopies,
warning signs, steps, platforms bridges, and other temporary constructing necessary for proper
completion of the Work in compliance with pertinent safety and other regulations.
B. Provide temporary weather -tight closure of exterior openings to accommodate acceptable
working conditions and protection for Products, to allow for temporary heating and
maintenance of required ambient temperatures identified in individual specification Sections,
and to prevent entry of unauthorized persons. Provide access doors with self -closing hardware
and locks.
' Gregg Avenue Waterline Phase 1 01500 (4) Garver No. 0296-3600
' 2.11 TEMPORARY FENCING
' A. Provide a temporary fence of design and type needed to prevent entry by the public onto the
open excavation areas of the Work. This temporary fence shall be installed and remain in -
place around areas of excavation that shall remain open to the public for periods of longer than
8 hours, and around areas of excavation that are immediately adjacent to areas of public travel,
such as sidewalks, public streets, etc., that shall remain open for periods longer than 8 hours.
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B. Fencing shall be international orange in color, 4' high, have maximum 6 inch square opening
and be supported by 6 foot posts located 10 feet to 12 feet on center and imbedded 18 inches
into the ground.
Part 3 - EXECUTION
3.1 MAINTENANCE AND REMOVAL
A. Maintain temporary facilities and controls as long as needed for safe and proper completion of
the Work.
B. Remove such temporary facilities and controls as rapidly as progress of the Work will permit,
or as directed by the Engineer.
C. Clean and repair damage caused by installation or use of temporary work.
D. Restore existing facilities used during construction to original condition. Restore permanent
facilities used during construction to specified condition.
End of Section 01500
Gregg Avenue Waterline Phase 1 01500 (5) Garver No. 0296-3600
Section 01620
' STORAGE AND PROTECTION
Part! - GENERAL
'
1.1 SUMMARY
' A. Protect products scheduled for use in the Work by means including, but not necessarily limited
to, those described in this Section.
' B. Related work:
1 I . Documents affecting work of this Section include, but are not necessarily limited to,
General Conditions, and Supplementary Conditions of these Specifications.
2. Additional procedures also may be prescribed in other Sections of these Specifications.
1.2 QUALITY ASSURANCE
IA. Include within the Contractor's quality assurance program such procedures as are required to
assure full protection of work and materials.
' 1.3 MANUFACTURERS' RECOMMENDATIONS
A. Except as otherwise approved by the Engineer, determine and comply with manufacturers'
' recommendations of product handling, storage, and protection.
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1.4 PACKAGING
A. Deliver products to the job site in their manufacturer's original container, with labels intact and
legible.
I. Maintain packaged materials with seals unbroken and labels intact until time of use.
2. Promptly remove damaged material and unsuitable items from the job site, and
promptly replace with material meeting the specified requirements, at no additional
cost to the Owner.
B. Engineer may reject as non -complying such material and products that do not bear
identification satisfactory to Engineer as to manufacturer, grade, quality, and other pertinent
information.
IGregg Avenue Waterline Phase I
01620(1)
Garver No. 0296-3600
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1.5 STORAGE
A. Store materials, supplies and equipment in an orderly fashion at the site of the work as will not
unduly interfere with the progress of his work or of other contractors.
1.6 PROTECTION
A. Provide the necessary care in unloading procedures to prevent damage to materials and
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equipment delivered to the job site.
B. Provide necessary security fencing and measures to prevent damage through vandalism or
'
theft.
' C. At all times safely guard Owner's property from injury or loss in connection with this Contract.
At all times safely guard and protect the Work, and that of adjacent property, from damage.
Furnish, maintain, and use such equipment as may be necessary to protect adjacent property
from damage caused by construction equipment, dust, mud, dirt, and refuse from operations.
Failure to prevent such damage shall be cause for stopping the Work until dust, mud, dirt, and
refuse arc controlled. Be fully responsible for safety precautions and protection until
acceptance of the Work.
D. Exercise due care to avoid damage to existing improvements or facilities, fences, building,
' structures, adjacent properties, and trees and shrubs that are not to be removed.
E. In the event of temporary suspension of work, or during inclement weather, or whenever
' Engineer shall direct, direct Subcontractors to carefully protect the Work and materials against
damages or injury from the weather.
' 1.7 REPAIRS AND REPLACEMENTS
A. In event of damage, promptly make replacements and repairs to the approval of Engineer and
at no additional cost to Owner.
' B. Additional time required to secure replacements and to make repairs will not be considered by
Engineer to justify an extension in the Contract Time.
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End of Section 01620
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Gregg Avenue Waterline Phase I 01620 (2) Garver No. 0296-3600
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Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
Part I - GENERAL
1.1 SUMMARY
A. This Section describes product options available to the Contractor, plus procedures for
securing approval of proposed substitutions.
IB. Related work:
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1. Documents affecting work of this Section include, but are not necessarily limited to,
the General Conditions, Supplementary Conditions, and the Technical Specifications
sections of these Specifications.
2. Make submittals in accordance with pertinent provisions of Section 01300.
' 1.2 PRODUCT OPTIONS
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A. The Contract is based on standards of quality established in the Contract Documents.
I. In agreeing to the terms and conditions of the Contract, Contractor has accepted a
responsibility to verify that the specified products will be available and to place orders
for all required materials in such a timely manner as is needed to meet agreed upon
construction schedule.
2. Neither Owner nor Engineer has agreed to the substitution of materials or methods
called for in the Contract Documents, except as they may specifically otherwise state in
writing.
IB. Materials and/or methods specified by name:
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Where
materials and/or methods are specified
by naming one single manufacturer
and/or
model number, without stating that equal
products will
be considered, only the
material and/or method named is approved for incorporation into the Work.
2. Should Contractor demonstrate to the satisfaction of Engineer that a specified material
or method was ordered in a timely manner and will not be available in time for
incorporation into this Work, Contractor shall submit to Engineer such data on
proposed substitute materials and/or methods as are needed to help Engineer determine
suitability of the proposed substitution.
' Gregg Avenue Waterline Phase 1 01630 (1) Garver No. 0296-3600
C. Where materials and/or methods are specified by name and/or model number, followed by the
words "or equal":
' I. The material and/or method specified by name establishes the required standard of
quality;
2. Materials and/or methods proposed by Contractor to be used in lieu of materials and/or
methods;
3. Information on proposed substitutions shall be submitted to Engineer in triplicate in
'accordance with Paragraph 6.05.A of the General Conditions.
ID. The following products do not require further approval except for interface within the Work:
I. Products specified by reference to standard specifications such as ASTM, AWWA,
and similar standards;
2. Products specified by manufacturer's name and catalog model number.
E. Where the phrase "or equal," or "or equal as approved by Engineer," occurs in the
Specifications, do not assume that the materials, equipment, or methods will be approved as
equal unless the item has been specifically so approved for the Work by Engineer.
F. The decision of Owner shall be final.
1.3 REIMBURSEMENT OF ENGINEER'S COSTS
A. In the event substitutions are proposed to Engineer after the Contract has been awarded,
Engineer will record all time used by Engineer and Engineer's consultants in evaluating each
such proposed substitution.
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B. Whether or not Engineer approves a proposed substitution, Contractor promptly upon receipt
from Owner of Engineer's billing shall reimburse Owner for the charges of Engineer and
Engineer's Consultants for evaluating each such proposed substitute item.
1.4 DELAYS
A. Delays in construction arising by virtue of the non -availability of a specified material and/or
method will not be considered by Engineer as justifying an extension of the agreed Contract
Time.
End of Section 01630
' Gregg Avenue Waterline Phase 1 01630 (2) Garver No. 0296-3600
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Section 01700
' CONTRACT CLOSEOUT
Pan I - GENERAL
1.1 SECTION INCLUDES
' A. Description of an orderly and efficient transfer of the completed Work to Owner.
IS. Expands upon requirements regarding project closeout procedures, final cleaning, adjusting,
project record documents, operation and maintenance data, and warranties described to permit
direct reference from individual product specification Sections.
C. Related work: Documents affecting work of this Section include, but are not necessarily
limited to, the General Conditions and Supplementary Conditions of these Specifications.
1.2 QUALITY ASSURANCE
A. Prior to requesting inspection by Engineer, use adequate means to assure that the Work is
completed in accordance with the specified requirements and is ready for the requested
inspection.
' 1.3 PROCEDURES
A. Substantial Completion:
I. Prepare and submit the list required by the first sentence of paragraph 14.04 of the
'General Conditions.
2. Within a reasonable time after receipt of the list, the Engineer will inspect the Work to
' determine the status of completion.
3. Should the Engineer determine that the Work is not substantially complete:
a. The Engineer will so notify the Contractor, in writing, giving reasons therefore.
' b. The Contractor will remedy the deficiencies and notify the Engineer when
ready for re -inspection.
c. The Engineer will re -inspect the work.
' 4. When the Engineer concurs that the Work is substantially complete:
a. The Engineer will prepare a "Certificate of Substantial Completion,"
accompanied by the Contractor's list of items to be completed or corrected, as
verified by the Engineer.
b. The Engineer will submit the Certificate to the Owner and the Contractor for
their written acceptance of the responsibilities assigned to the in the Certificate.
B. Final Completion:
II. Prepare and submit the notice required by the first sentence of Paragraph 14.06 of the
General Conditions.
' Gregg Avenue Waterline Phase I 01700 (I) Garver No. 0296-3600
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2. Verify that the Work is complete including, but not necessarily limited to, the items
mentioned in Paragraph 14.07.A of the General Conditions.
3.
Certify that:
a. Contract Documents have been reviewed;
b. Work has been inspected for compliance with the Contract Documents;
c. Work has been completed in accordance with the Contract Documents;
d. Equipment and systems have been tested as required, and are operational; and
e. Work is completed and ready for final inspection.
4.
Engineer will make an inspection to verify status of completion.
5.
Should Engineer determine that the Work is incomplete or defective:
a. Engineer promptly will so notify Contractor and Owner, in writing, listing the
incomplete or defective work.
b. Remedy the deficiencies promptly, and notify Engineer when ready for
reinspcction.
6.
When Engineer determines that the Work is acceptable under the Contract Documents,
he will request Contractor to make closeout submittals.
C. Closeout submittals include, but are not necessarily limited to:
I.
Project Record Documents.
2.
Operation and maintenance data for items so listed in pertinent other Sections of these
Specifications, and for other items when so directed by Engineer.
3.
Warranties and Bonds
4.
Specifications with recorded changes made by addenda.
5.
Spare parts and materials extra stock
6.
Evidence of compliance with requirements of government agencies having jurisdiction
including, but not necessarily limited to:
a. Certificates of Inspection;
b. Certificates of Occupancy;
7.
Certificates of Insurance for products and completed operations;
8.
Evidence of payment and release of liens;
9.
List of subcontractors, service organizations, and principal vendors, including names,
addresses, and telephone numbers where they can be reached for emergency service at
all times including nights, weekends, and holidays.
D. Final adjustment of accounts: Submit a final statement of accounting to Engineer, showing
all adjustments to the Contract Price. A final Change Order reconciling quantities installed to
contract amounts will be issued.
1.4 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Remove waste and surplus materials, rubbish, and construction facilities from the site.
' C. Restore areas disturbed by the Work.
Gregg Avenue Waterline Phase 1 01700 (2) Garver No. 0296-3600
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1.5 ADJUSTING
A. Adjust operating equipment to ensure smooth and unhindered operation.
1.6 PROJECT RECORD DOCUMENTS
A. Maintain on site one set of the following record documents; protect from deterioration and
from loss and damage until completion of the Work; record actual revisions to the Work. Do
not use the record documents set for any purpose except entry of new data and for review by
Engineer.
I. Contract Drawings.
2. Specifications.
3. Addenda.
4. Change Orders and other Modifications to the Contract.
5. Reviewed shop drawings, product data, and samples.
B. Store Record Documents separate from documents used for construction.
C. Record information concurrent with construction progress. Failure to promptly make notations
on Record Documents will be considered in evaluating requests for progress payments.
I. Using an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
2. Date all entries.
3. Call attention to the entry by a "cloud" drawn around the area or areas affected.
4. In the event of overlapping changes, use different colors for the overlapping changes.
D. Specifications: Legibly mark and record at each product section description of actual products
installed, including the following.
I. Manufacturer's name and product model and number.
2. Product substitutions or alternates utilized.
3. Changes made by Addenda and Modifications.
E. Record Documents and Shop Drawings: Legibly mark each item to record actual construction
including:
II. Measured horizontal and vertical locations of underground utilities and appurtenances,
referenced to permanent surface improvements.
2. Field changes of dimension and detail.
3. Details not on original Contract Drawings.
F. Submittal, Review, and Approval
I. Submit the completed set of Project Record Documents to Engineer for review.
2. Participate in review meetings as required.
3. Make required changes and promptly deliver the final Project Record Documents to
Engineer.
Gregg Avenue Waterline Phase 1 01700 (3) Garver No. 0296-3600
i •
• G. Contractor has no responsibility for recording changes in the Work subsequent to Final
Completion, except for changes resulting from work performed under Warranty.
' 1.7 OPERATION AND MAINTENANCE DATA
I A. Submit three sets prior to final inspection, bound in 8-1/2 x II inch text pages, three ring
capacity expansion binders with durable plastic covers.
B. Prepare binder covers with printed title "OPERATION AND MAINTENANCE
INSTRUCTIONS", title of project, and subject matter of binder when multiple binders are
required.
C. Internally subdivide the binder contents with permanent page dividers, logically organized as
described below, with tab titling clearly printed under reinforced laminated plastic tabs.
D. Contents: Prepare a Table of Contents for each volume, with each product or system
description identified, type on 30 pound white paper.
E. Part I: Directory, listing names, addresses, and telephone numbers of Engineer, Contractor,
Subcontractors, and major equipment suppliers.
F. Part 2: Operation and maintenance instructions, arranged by system and subdivided by
specification section. For each category, identify names, addresses, and telephone numbers of
Subcontractors and suppliers. Identify the following:
I. Significant design criteria.
II 2. List of equipment.
3. Parts list for each component.
4. Operating instructions.
5. Maintenance instructions for equipment and systems.
6. Maintenance instructions for cleaning methods, materials, and special precautions
' identifying detrimental agents.
G. Part 3: Project documents and certificates, including the following:
I. Shop Drawings and product data.
2. Certificates.
3. Photocopies of warranties.
IH. Submit one copy of completed volumes in final form fifteen (l5) days prior to final inspection.
This copy will be returned after final inspection, with Engineer's comments. Revise content
of documents as required prior to final submittal.
1. Submit final volumes revised, within ten (10) days after final inspection.
1.8 WARRANTIES
IA. Provide duplicate notarized copies.
IGregg Avenue Waterline Phase I 01700 (4) Garver No. 0296-3600
I •
B. Execute and assemble documents from Subcontractors, Suppliers, and manufacturers.
C. Provide Table of Contents and assemble in three ring binder with durable plastic cover.
D. Submit prior to final Application for Payment.
E. For items of Work delayed beyond date of Substantial Completion, provide updated submittal
within ten (10) days after acceptance, listing date of acceptance as start of warranty period.
1.9 SPARE PARTS AND MAINTENANCE MATERIALS
A. Provide products, spare parts, maintenance and extra materials in quantities specified in
individual specification Sections.
.1
B. Deliver to Project site and place in location as directed; obtain receipt prior to final payment.
1.10 INSTRUCTION
A. Instruct Owner's personnel in proper operation and maintenance of systems, equipment, and
similar items which were provided as part of the Work.
Part 2 - PRODUCTS
Not Used
Part 3 - EXECUTION
Not Used
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End of Section 01700
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1
Gregg Avenue Waterline Phase 1 01700 (5)
Garver No. 0296-3600
I • •
SP -1 - AHTD SPECIFICATIONS
SP -1-1 General
SP-I-I.I The standard specifications of the Arkansas State Highway and Transportation
Department (AHTD) are bound in a book titled Standard Specifications for Highway
Construction. These specifications are referred to herein as "Standard Specifications."
The latest edition shall apply. A copy of these "Standard Specifications" may be obtained
from the Arkansas State Highway and Transportation Department, Little Rock, Arkansas,
at their customary charge.
SP -1-2 Incorporation and Modification
SP -1-2.1 Certain parts of the Standard Specifications are appropriate for inclusion in these
Technical Specifications. Such parts are incorporated herein by reference to the proper
section or paragraph number. The individual specification numbers noted herein may be
different from those in the latest edition of the "Standard Specifications." The most current
specification number shall apply. Each such referenced part shall be considered to be a part
of these Contract Documents as though copied herein in full.
SP -1-2.2 Certain referenced parts of the Standard Specifications are modified in the
Specifications that follow. In case of conflict between the Standard Specifications and the
Specifications that follow, the Specifications that follow shall govern.
SP -1-2.3 Individual material test numbers change from time to time. Use the latest
applicable test.
1 SP -1-2.4 Reference in the Standard Specifications to the "Department" are herein
changed to the "Owner".
END OF ITEM SP -1
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' Gregg Avenue Waterline Phase I SP -1 (I) Garver No. 0296-3600
I • •
SP -02 - WATER LINES
' SP -02-1.1 General The Standard Water Line Specifications as published by the City of
Fayetteville shall govern for all water mains and appurtenances to be installed on this project,
except as modified herein. A copy of these "Standard Specifications" is available for reference in
Appendix A. In the event of a conflict between these specifications and the City of Fayetteville's
Standard Water Line Specifications. the City's Standard Water Line Specifications shall govern.
SP -02-2.I Materials All materials used in the construction of water mains and
appurtenances shall be as set iorth in the City of Fayetteville Standard Water Line Specifications,
dated April 2°d, 1996, except as modified herein:
Water pipelines 18" in diameter shall be manufactured in accordance with AWWA specification C-
905 and shall have a DR of 18. Materials used in manufacturing the pipe shall be clean, virgin, cell
classification 12454B PVC compound conforming to ASTM resin specification D-1784, or its
latest revision.
Butterfly valves shall conform to AWWA C504, Standard for Rubber -Seated Butterfly Valves, and
shall be class 2508, mechanical -joint end valves. Butterfly valves shall be groundhog type, Mueller
model number B5227, or approved equal. Each valve shall be hydrostatic and leak tested. The leak
test shall be performed at a differential pressure of 250 p.s.i. with the disc in a closed position.
With the disc slightly open, the internal hydrostatic pressure shall be increased to 500 p.s.i. for a
period of no less than five minutes.
' All ductile iron mechanical joint waterline fittings shall have a 6-8 mil thickness of fusion bonded
epoxy applied to the exterior and interior of each fitting. This coating shall conform to
ANSI/AWWA C550 and Cl I6/A21.16.
The thickness of the intermediate concrete layer to be installed as part of permanent asphalt
pavement repairs shall be increased to eight (8) inches.
SP -O2-3.1 Execution The installation of all water mains and appurtenances shall be as set
forth in the City of Fayetteville Standard Water Line Specifications, dated April 2nJ, 1996, or its
latest revision, except as modified as herein:
The testing pressure for PVC water mains shall be 200 PSI.
SP -O2-4.1 Method of Measurement
Measurement of water pipe lines as a basis of payment shall be made along the pipe from center
to center of intersecting lines, or from center to end of branch lines. The measurement shall be by
' the linear foot (L.F.) of water line pipe acceptably installed and completed.
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Gregg Avenue Water Line Phase I SP -02 (1) Garver No. 0296-3600
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Measurement for ductile iron water line fittings will be made per pound (LB.) of ductile iron M.J.
waterline fittings of the size and type specified acceptably installed and completed, which shall
1 be full compensation for furnishing and installing the mechanical joint ductile iron fittings, and
all other materials, tools, labor, and incidentals necessary to install the fittings at the locations
shown in the Plans.
Measurement for tapping sleeve, valve & valve box will be for each (EA.) tapping sleeve, valve
and valve box acceptably installed and completed, tested and accepted by the Owner, which shall
be full compensation for tapping the water main, furnishing and installing the required tapping
sleeve, valve and valve box, concrete collar around the valve box, installing the required thrust
1 blocking, and all other equipment, tools, labor, and incidentals necessary to complete the work.
Measurement for butterfly valves and boxes will be made by each (EA.) butterfly valve and box
I, of the size specified acceptably installed and completed. This item shall consist of furnishing
and installing the butterfly valve of the required size, valve box, thrust blocking and concrete
caps around the top of the valve boxes, and shall include all equipment, tools, materials and
incidentals necessary for complete installation.
Measurement for gate valves and boxes will be made by each (EA.) gate valve and box of the
size specified acceptably installed and completed. This item shall consist of furnishing and
installing the gate valve of the required size, valve box, thrust blocking and concrete caps around
the top of the valve boxes, and shall include all equipment, material and incidentals necessary for
$ complete installation.
Measurement for fire hydrant installation will be for each (EA.) fire hydrant assembly acceptably
installed and completed. Included under this item is the fire hydrant, gate valve, lead, tee of
required size, locked hydrant adapters, thrust blocking, concrete cap around the valve box,
granular material for hydrant drainage, and all incidentals necessary to install the hydrant in
working condition, accepted and approved by the Owner and adjusted to the proper height.
Measurement for cutting and capping an existing water main will be made by each (EA.) cut & cap
of the size shown on the plans acceptably installed and completed, and shall include all work,
materials and labor involved to cut, cap, provide thrust restraint and blocking, and kill the existing
water main to which the connection is being made at the location shown on the plans. This shall
also include the cost of the cap.
Measurement for 2"service line will be made by
each (EA.)
2" service line installed, and shall
include
all work, materials and labor involved to
remove the
existing service lines, existing corp
stops, remove the existing tapping collars, and
shall include all new materials including new
tapping
saddle, 2" service line, ball valve of the
appropriate
size, curb stops, and buried metal
locators
as specified by the City of Fayetteville Water & Sewer
Department.
Measurement for water meter settings and connections to existing "house" service lines of the
size and type shown on the plans will be made by each (EA.) water meter setting and "house"
connection acceptably installed and completed. This measurement shall include all materials,
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Gregg Avenue Water Line Phase I SP -O2 (2) Garver No. 0296-3600
I
labor, tools, equipment, and incidentals necessary to install the standard water meter setting and
make the required "house" connection at the locations shown on the plans.
Measurement for removal of an existing fire hydrant and delivering to the City of Fayetteville
Water & Sewer Department will be made by each (EA.) fire hydrant removed and delivered as
shown on the Plans, and shall include all work, materials and labor involved to remove the existing
fire hydrant and valve, plug the existing water line at the location of the existing hydrant, and
deliver the hydrant and valve to the City of Fayetteville Water & Sewer Department located on
Cato Springs Road in Fayetteville, Arkansas.
' Measurement of permanent pavement repairs will be by the square yard (S.Y.) of permanent
pavement repair of the type specified in the Plans acceptably completed for each type of repair as
detailed in the Plans. In no case shall the measurement extend beyond the pay limits shown in the
details for each type of pavement repair.
Measurement for class 7 granular backfill will be made by the ton (TN.) of granular backfill
acceptably installed and completed. Class 7 granular backfill shall only be used to backfill
waterline trenches under paved surfaces such as driweways and streets. The Owner will pay for
granular material used to backfill the trench at its maximum width (outside diameter of pipe plus
one foot on either side of pipe). If the Contractor chooses to excavate the trench to a greater width
to allow for greater ease of construction, the granular material used to backfill this extra trench
width will be at his own expense. Class 7 granular backfill shall be compacted to 95% modified
proctor density. This item shall include the class 7 granular backfill, compacted to 95% modified
proctor density, and all necessary tools, materials, and labor necessary to complete the work as
' described in the Specifications and shown in the Plans.
SP -02-5.1 Basis of Payment
Payment for water pipe lines will be made at the contract unit price bid per linear foot (L.F.) for
each type and size of water line pipe as shown on the plans, which price shall be full
compensation for all trench excavation, bedding and backfill, furnishing and installing the pipe,
tracer wire, metallic detection tape, testing, chlorination, and for all materials, equipment, tools,
labor, clean-up, and incidentals necessary to complete the work.
Payment for ductile iron M.J. water line fittings will be made at the contract unit price bid per
pound (LB.) of ductile iron M.J. waterline fittings for each size and type as shown on the plans.
The contractor shall submit a list of all fittings installed, the location installed, and the weight of
each fitting installed on his request for payment before payment will be considered.
Payment for tapping sleeve, valve & valve box will be made at the contract unit price bid for
each (EA.) tapping sleeve, valve & valve box for each size and type as shown on the plans. Said
price shall be full compensation for all materials, equipment, tools, labor, expenses, testing, and
all other incidentals necessary to install the tapping sleeve, valve & valve box.
Payment for butterfly valves and boxes will be made at the contract unit price bid per each (EA.)
I
Gregg Avenue Water Line Phase I SP -02 (3) Garver No. 0296-3600
I • •
butterfly valve and box for each size and type shown on the plans, which shall be full
compensation for furnishing and installing the valve and box of the required size, and for all
1 materials including tracer wire, labor, tools and incidentals necessary to complete the installation
as shown in the plans.
Payment for gate valves
and
boxes will be made
at the contract unit price bid per each (EA.) gate
valve and box for each
size
and type shown on
the plans, which shall be full compensation for
furnishing and installing the
tracer wire, labor, tools and
plans.
Payment for fire hydrant ass(
hydrant assembly shown on
valve and box of the required size, and for all materials including
incidentals necessary to complete the installation as shown in the
mblies will be made at the contract unit price bid per each (EA.) fire
the plans. Said price shall be full compensation for all materials,
1 equipment, tools, labor, and incidentals necessary to complete the fire hydrant installation, which
includes adjustment of the hydrant to the correct height as required by the Owner.
Payment for cutting and capping an existing water main will be at the contract unit price bid per
each (EA.) water line of the size and type capped and cut as shown on the plans. Payment will
include all materials, tools, equipment, labor and incidentals necessary to cut, cap and kill the
water main of the specified size as shown on the plans.
Payment for 2" service line will be made at the contract unit price bid per each (EA.) 2" service
line of the size and type as shown on the plans. Payment will include all materials including the
2" service line, service saddle, ball valve of the appropriate size, connection to existing house
service line, and all tools, equipment, labor and incidentals necessary to install the 2" service line
as shown on the plans.
Payment for water meter settings and connections to existing "house" service line will be made at
the contract unit price bid per each (EA.) water meter setting installed and connection to the
existing "house" service line for each type and size shown on the plans, and includes all materials
' from the end of the P.V.C. service line to the connection of the service line including new meter
box, setting, connection to the existing "house" service line, equipment, tools, labor, and all
associated fees.
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Payment for removal of an existing fire hydrant and delivering to the City of Fayetteville Water
& Sewer Department will be made per each (EA.) fire hydrant removed and delivered as shown
on the Plans, and shall include all work, materials and labor involved to remove the existing fire
hydrant and valve, plug the existing water line at the location of the existing hydrant, and deliver
the hydrant and valve to the City of Fayetteville Water & Sewer Department located on Cato
Springs Road in Fayetteville, Arkansas.
Payment for class 7 granular backfill will be measured by the ton (TN.) of class 7 granular
backfill acceptably installed and completed. Class 7 granular backfill shall only be used to
backfill waterline trenches under paved surfaces such as driweways and streets. The Owner will
pay for granular material used to backfill the trench at its maximum width (outside diameter of
II
Gregg Avenue Water Line Phase I SP -O2 (4) Garver No. 0296-3600
Ipipe plus one foot on either side of pipe) and from the top of the pipe bedding to the bottom of
the lowest laver of the permanent pavement repair. It' the Contractor chooses to excavate the
trench to a greater width to allow for greater case of construction, the granular material used to
backfill this extra trench width will be at the Contractor's own expense. Class 7 granular backfill
shall be compacted to 95% modified proctor density. This item shall include the class 7 granular
backfill, compacted to 95% modified proctor density, and all necessary tools, materials, and labor
necessary to complete the work as described in the Specifications and shown in the Plans.
Payment will be made under the following items:
SP -O2 -5.!a 18" PVC C-905 DR -18 Waterline — per linear foot (L.F.)
SP-O2-5.Ib 12" PVC C-900 DR -14 Waterline - per linear foot (L.F.)
SP-O2-5.Ic 8" PVC C-900 DR -14 Waterline - per linear foot (L.F.)
SP -02-5.1 d Ductile Iron Mechanical Joint Waterline Fittings — per pound (LB.)
'. SP -O2-5. I e 8"x8" Tapping Sleeve, Valve and Valve Box — per each (EA.)
SP -O2-5. If 6"x6" Tapping Sleeve, Valve and Valve Box- per each (EA.)
SP -O2-5. I g 18" Butterfly Valve and Valve Box — per each (EA.)
SP -02-5.I h 12" Butterfly Valve and Valve Box - per each (EA.)
• SP -02-5. Ii 8" Gate Valve and Valve Box - per each (EA.)
SP -02-5. I j Fire Hydrant Assembly - per each (EA.)
• SP -O2 -5.I k Cut and Cap Existing 8" Water Main- per each (EA.)
SP -02-5.11 Cut and Cap Existing 6" Water Main- per each (EA.)
SP-O2-5.lm 2" Service Line (Includes 2" Service Saddle, 2" Ball Valve, 2" Service
• Line, and reconnection to existing "house" service line) - per each (EA.)
SP-O2-5.In n Single Water Meter Setting - per each (EA.)
SP -02-5.I o Connect Existing Water Service Line to New Water Main — per each (EA.)
SP -O2-5. I p Permanent Pavement Repair — per square yard (S.Y.)
SP -O2-5. I q Class 7 Backfill at Street Crossings — per ton (TN.)
SP-O2-5.Ir Remove Existing Fire Hydrant Assembly and deliver to City of
Fayetteville Water and Sewer Dept. - per each (EA.)
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• END OF SECTION SP -O2
I
IGregg Avenue Water Line Phase I SP -02 (5)
Garver No. 0296-3600
1 • i
SP -03 - TAPPING SLEEVES & VALVES FOR CONCRETE WATER MAINS
1 SP -03-1.1
General
This specification shall cover the installation of tapping sleeves
and valves for 12" and
18" PVC water main connections to
an existing 36" concrete water main
crossing
Gregg Avenue
near its intersection with Van Asche
Drive. The Contractor shall hire the
Hanson
Corporation as
part of this contract to install the
12" and 18" tapping sleeves on the
existing
36" concrete water main.
SP -O3-2.1 Materials Tapping sleeves for 12" and 18" connections to the existing 36"
concrete water main crossing Gregg Avenue near its intersection with Van Asche drive shall be
provided and installed by the Hanson Corporation. The Hanson Corporation shall perform the
tapping service for each of the 12" and 18" connections to the existing 36" concrete water main. It
shall be the Contractor's responsibility to determine the type of concrete water main existing, and to
' supply the Hanson Corporation with this information for use in determining the type of tapping
sleeve to be ut'ed.
Tapping valves for 18" connections to existing concrete water mains shall be manufactured by the
Mueller Corporation, and shall be model number A-2361 resilient wedge gate valve with M.J. x FL.
• ends, or equal as approved by the Engineer, and shall include additional spur gearing with grease as
manufactured by Mueller Co.
Tapping valves for 12" connections to existing concrete water mains shall be manufactured by the
Mueller Corporation.
and shall
be
model number T-2360 resilient wedge tapping valve with M.J. x
'
FL. Ends, or equal as
approved
by
the Engineer.
SP -03-3.1 Execution Installation of 12" and 18" tapping sleeves shall be performed by the
Hanson Corporation. Tapping services for 12" and 18" taps shall be provided by the Hanson
Corporation.
Tapping valves shall be installed according to the approved manufacturer's installation instructions.
SP -03-4.1 Method of Measurement
Measurement for tapping sleeves installed on existing 36" concrete water main will be made by
each (EA.) tapping sleeve shown on the plans acceptably installed and completed, and shall
include all work, materials, tools, and labor involved to install the tapping sleeve on the existing
' 36" concrete water main, including performance of the tapping service.
Measurement for tapping valves installed on existing 36" concrete water main will be made by
each (EA.) tapping valve of the size and type shown on the plans acceptably installed and
completed, and shall include all work, materials, tools, and labor involved to install the tapping
valve at the locations shown on the Plans.
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1 Gregg Avenue Water Line Phase I SP -03 (I) Garver No. 0296-3600
ISP -03-5.I Basis of Payment
Payment for installation of tapping sleeves to be installed on the existing 36" concrete water
main will be made at the contract unit price bid per each (EA.) tapping sleeve of the size and type
shown on the plans acceptably installed and completed. Payment will include all materials, tools,
equipment, labor and incidentals necessary to acceptably install the tapping sleeves at the
locations shown in the Plans.
Payment for installation of tapping valves will be at the contract unit price bid per each (EA.)
tapping valve of the size and type shown on the plans. Payment will include all materials, tools,
' equipment, labor and incidentals necessary to acceptably install the tapping valves at the
locations shown in the Plans
Payment will be made under the following items:
SP -03-5. Ia 36"x18" Tapping Sleeve — per each (EA.)
' SP -03-5. I b 36"x 12" Tapping Sleeve — per each (EA.)
SP -03-5. Ic 18" Tapping Valve — per each (EA.)
SP -03-5. Id 12" Tapping Valve — per each (EA.)
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END OF SECTION SP -03
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Gregg Avenue Water Line Phase I SP -03 (2) Garver No. 0296-3600
SP -04 — AUTOMATIC AIR RELEASE VALVE
SP -04-1.1 General This specification shall cover the installation of an auomatic air
release valve at the locations shown in the Plans.
SP -O4-2.1 Materials The automatic air release valve shall be manufactured by APCO
Valve & Primer Corporation, or equal as approved by the Engineer. The model for the air release
valve shall be series 205, size 2", or equal as approved by the Engineer.
All other materials shall be as shown in the details in the Plans, and as specified in the City of
Fatteville's Standard Specifications for Waterline Construction, dated April, 1996, or its latest
revision, attached in Appendix A.
SP -04-3.1 Execution The automatic air release valve shall be installed according to the
approved manufacturer's recommendations. All other materials shall be installed according to the
City of Fayetteville's Standard Specifications for Waterline Construction, dated April, 1996, or its
' latest revision, attached in Appendix A.
SP -04-4.I Method of Measurement
Measurement for automatic air release valves will be made by each (EA.) automatic air release
valve of the size and type shown on the plans acceptably installed and completed, and shall
' include all work, materials, tools, and labor involved to install the corporation stop, automatic air
release valve, all necessary piping, vent riser, concrete manhole and access lid, and all other
items shown in the details in the Plans.
SP -04-5.1 Basis of Payment
' Payment for installation of automatic air release valves will be made at the contract unit price bid
per lump sum (L.S.) for installation of an automatic air release valve of the size and type shown
on the plans. Payment will include all work, materials, tools, and labor involved to install the
corporation stop, automatic air release valve, all necessary piping, vent riser, concrete manhole
and access lid, and all other items shown in the details in the Plans.
' Payment will be made under the following items:
SP-04-5.Ia Automatic Air Release Valve — per each (EA.)
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END OF SECTION SP -04
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' Gregg Avenue Water Line Phase I SP -04 (I)
Garver No. 0296-3600
SP -05 - TEMPORARY LINE STOPS
SP -05-I.1 General This specification shall cover the installation of a temporary line
stop in an existing 12" PVC water line near the intersection of Futrall Drive and Gregg Avenue.
Due to the number of customers currently served by the existing 12" PVC water main along the
' south side of Futrall Drive, the existing main cannot be taken out of service. In order to keep the
existing customers in service but still be able to connect to the existing 12" main with a portion
of the Work as shown in the Plans, the Contractor shall install the line stop at the location shown
'in the Plans. The Contractor shall contract directly with Hydra -Stop in order to install the line
stop as directed in the Plans.
SP -05-2.1 Materials The Contractor shall contract directly with Hydra -Stop to supply the
proper fittings so that the line stop can be successfully installed in the existing I2" water main.
Once the necessary work has been completed and the connection has been made to the existing 12"
main, the Contractor shall remove the existing line -stop and furnish all necessary materials in order
to ensure a leak -proof seal around the area where the line -stop was installed and removed.
SP -05-3.1 Execution The Contractor shall contract directly with Hydra -Stop to install and
remove the proposed line stop in a timely manner, and in such a manner that the existing 12" PVC
water main remains in service on the east side of the line stop.
SP -05-4.1 Method of Measurement
Measurement for temporary line stop will be made by each (EA.) temporary line stop of the size
and type shown on the plans acceptably installed and completed, and shall include all work,
materials, tools, and labor involved to successfully install and remove the temporary line stop at
the locations shown in the Plans.
ISP -05-5.1 Basis of Payment
Payment for temporary line stop will be made by each (EA.) temporary line stop of the size and
type shown on the plans acceptably installed and completed, and shall include all work,
materials, tools, and labor involved to successfully install and remove the temporary line stop at
the locations shown in the Plans.
Payment will be made under the following items:
SP -05-5. Ia 12" Temporary Line Stop — per each (EA.)
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END OF SECTION SP -05
Gregg Avenue Water Line Phase I SP -05 (I) Garver No. 0296-3600
' SP -06 - STEEL ENCASEMENT PIPES
' SP-06-I.I GENERAL This specification covers the installation of buried steel
encasement pipes by open cut and bored methods. This specification shall modify the City of
Fayetteville's Standard Specifications for Waterline Construction, dated April, 1996, or its
1 latest revision.
SP -06-2.1 MATERIALS Materials for the installation of steel encasement pipes by open
' cut or bored method shall conform to the City of Fayetteville Standard Specifications for
Waterline Construction, dated April, 1996, or its latest revision, except as modified herein:
' The wall thickness of steel encasement pipes to be used in the installation of waterlines shall be
as follows:
Encasement
Diameter Wall Thickness
6" 0.250"
18" 0.312"
24" 0.312"
32" 0.375"
' Pipe joints inside steel encasement pipe shall be restrained using restrained joint casing spacers.
These spacers shall be model number Uni-Flange UFRCS 1300 for the pipe barrel and Uni-
Flange UFRCS 1390 for the pipe bell joints as manufactured by the Ford Meter Box Company,
or approved equal.
All metal parts of casing spacers shall be ductile iron or hot rolled pickled steel, or stainless
steel. All casing spacers except stainless steel shall be shop coated with fusion bonded epoxy at
10-15 mils thickness or shall be bitumastic coated.
SP -06-3.I EXECUTION All encasement pipe shall be installed either by open cut or by
the boring and jacking method unless called out otherwise herein and/or on the Plans. After
execution of a Construction Contract, the Contractor may submit an alternate method of
encasement installation to the Owner for review. Any alternate method shall be submitted in
writing and shall be supported by a detailed description of how the Contractor will achieve a
proper installation and an itemized price breakdown of the proposed alternate. Any alternative
plans shall be submitted at least two (2) weeks before such work begins.
SP -06-3.2 INSTALLATION BY BORING AND JACKING
Installation of the encasement shall be carried out in such a manner that there will be no
settlement of the ground surface above the encasement. The Contractor shall take all
precautions to prevent caving of the soils ahead of the pipe. During encasement installation, the
Contractor shall use all care to minimize annular space (voids) between the outside of the
encasement pipe and the surrounding ground. Therefore, the outside of encasement pipes
' Gregg Avenue Water Lines Phase I SP -06 (1) Garver No. 0296-3600
Addendum No. I
I.
installed by boring and jacking shall be pressure grouted to eliminate voids according to Section
SP -06-3.2.I, unless excepted therein.
The Contractor shall inspect the locations where the encasement pipe and bore pits are to be
installed and familiarize himself with the conditions under which the work will be performed
Rand with all necessary details for the orderly prosecution of the work. The omission of any
details in the Plans and/or herein for installation of the encasement and carrier pipe shall not
relieve the Contractor of full responsibility for the proper execution and integrity of the work.
' The Contractor shall satisfy himself of soils condition by any means he deems necessary, i.e.,
exploratory boring or exploratory pit excavations at bore ends. Any such exploratory work
shall be done in such a manner as to not jeopardize highway roadbeds and shall be satisfactorily
backfilled and cleaned up. The Contractor shall be responsible to obtain his own permission
and to furnish bonds, etc. as may be required by private landowners or the public authority
having jurisdiction at the site of any such exploratory work.
The Contractor shall perform all excavation required to complete the work regardless of the
material encountered. Excavation from the access shafts (bore pits) in excess of that required to
backfill the access shafts and open cut portion of the line shall be disposed of by the Contractor
outside the limits of the construction site. Pits and trenches shall be properly shored, sheeted,
and braced.
Any damage to the encasement pipe coating during shipment or handling shall be repaired by
the Contractor. Boring and installation of smooth wall pipe shall be by competent supervisors
and workmen specializing in this type of work that is provided by the Contractor.
The encasement alignment shall be maintained within a tolerance of one -tenth (0.10) of a foot
of the line and grade shown on the Plans.
' SP -06-3.2.1 PRESSURE GROUTING: During installation of the encasement pipe, care
shall be exercised to prevent voids between the encasement pipe and the surrounding ground.
IOn encasement pipes 24" diameter and larger, the annular space between the encasement pipe
and the ground shall be pressure grouted to eliminate all voids. Encasement pipes smaller
' than 24" shall also be grouted if so directed by the Owner depending on soil conditions at the
bore site identified at the time of encasement installation.
' When grouting encasement pipes of such diameter that entry by a worker is possible, the
grout shall be injected through the encasement pipe wall through 1.5" diameter holes from
the inside at one location for each 5.0 -foot linear interval over the entire length of the
encasement pipe. The sequence for grout injection locations shall be as follows:
Locations "Clock"
(5' Spaces) Position
1st 12 O'clock
2nd 3 O'clock
Gregg Avenue Water Lines Phase I SP -06 (2) Garver No. 0296-3600
' 3rd 12 O'clock
4th 9 O'clock
5th 12 O'clock
Repeat 2nd through 5th locations at 5 -foot intervals
for each location to end of the encasement pipe.
NOTE: THE CONTRACTOR SHALL BE RESPONSIBLE TO SEE THAT ALL
REQUIREMENTS OF OSHA CONCERNING ENTRY OF WORKERS INTO
CONFINED SPACF_SARE FOLLOWED.
For encasement pipes too small to be entered for grouting as addressed above, the annular
space may be pressure grouted by means of an external grout pipe attached to the outside of
the encasement pipe. After the encasement pipe (and the grout pipe) are in place, the grout
pipe shall be withdrawn as the grout is introduced into the annular space.
SP -06-3.2.2 Bore Pits The access shafts (bore pits) for encasement installation shall be
rectangular in plan view, approximately 20' x 10', with the longer dimension being in the
direction of the encasement pipe. The bore pits shall be sheeted, shored, and braced on all sides
as addressed herein. Sheeting shall be timber or steel piling of ample strength to safely
withstand all structural loading of whatever nature due to site and soil condition. The top of the
sheeting shall be at a minimum elevation equal to the natural ground line as it existed prior to
construction.
SP -06-3.3 INSTALLATION IN OPEN CUT When encasement pipe is installed in an
open cut trench, where specifically directed herein and/or on the Plans, the following applies:
Trenches for encasement pipe shall be of the minimum width needed for proper installation of
the pipe but in no case shall the actual width of the trench at the top of the encasement pipe be
wider than the outside diameter of the pipe plus two (2) feet. For measurement and payment
purposes where AHTD Class 7 granular material is used for bedding and/or backfill, the
maximum trench width for calculating payment shall be the encasement pipe O.D. plus two (2)
feet from the trench bottom to the ground surface. The encasement alignment shall be
maintained within a tolerance of one -tenth (0.10) of a foot of the planned line and grade.
' SP -06-3.3.1 Bedding Under Asphalt, Concrete, or Gravel Paved Surfaces The trench
bottom shall be extended to an elevation of six (6) inches below the encasement pipe bottom to
allow for installation of bedding material. The bedding material shall be crushed stone
aggregate base course AHTD Class 7. It is intended that the bedding shall support the
encasement pipe over its entire
length. The
bedding shall extend from six (6)
inches below the
pipe up to the pipe centerline
and shall be
thoroughly consolidated by
hand.
The Contractor
shall exercise
special
care in consolidating the
bedding material so that it will provide the
proper support
for the
encasement pipe.
NOTE: The bottom of the backfill layer shall be the same line as the top of the bedding layer.
Gregg Avenue Water Lines Phase I SP -06 (3) Garver No. 0296-3600
' SP -06-3.3.2 BACKFILL OF TRENCHES Trenches shall be backfilled in accordance with
the City of Fayetteville's Standard Specifications for Waterline Construction, dated 1996, or its
latest revision.
SP -06-3.4 CARRIER PIPE IN ENCASEMENT Installation of the carrier pipe in the
' encasement shall be accomplished in such a manner that neither the pipe nor the encasement is
damaged. Care must be exercised to assure that the joints of the pipe are not over -deflected or
pulled out during the process. The pipe shall be jointed and pushed or jacked through the
' encasement. Cables, chains, jacks or other equipment or devices used shall not be in direct
contact with the pipe unless thoroughly padded.
The carrier pipe barrel, regardless of its diameter, shall be centered diametrically in the
encasement pipe by the use of manufactured casing spacers. Also, all carrier pipe bell/spigot
joints inside the encasement shall be restrained from movement in the axial direction by the use
of restrained casing spacers. There shall be a restrained casing spacer installed on each carrier
pipe joint and a casing spacer without axial restraint (non -restrained) installed at the midpoint of
each carrier pipe barrel or at a maximum interval of 10'. A minimum of three casing spacers
shall be installed on each joint of pipe. All casing spacers, whether restrained or non -restrained,
shall also function as hold-down jacks to prevent the carrier pipe from floating.
THE CONTRACTOR SHALL SUBMIT DRAWINGS, SPECIFICATIONS, AND
CALCULATIONS DEMONSTRATING THE STRUCTURAL ADEQUACY OF HIS
PROPOSED CENTERING/RESTRAINT SYSTEM TO PROPERLY SUPPORT THE
CARRIER PIPE AS SHOP DRAWINGS FOR REVIEW AND POSSIBLE APPROVAL.
' If, after installation of the carrier pipe, adequate stability has not been provided, in the opinion
of the Owner, the annular space between the carrier pipe and the inside of the encasement pipe
shall be filled with sand or other material approved by the Owner.
After the carrier pipe has been installed in the encasement pipe, both ends of the encasement
pipe shall be tightly bulkheaded, scaled, and vented, substantially as shown on the Plans.
SP -06-4.1 METHOD OF MEASUREMENT
' Measurement for bored steel encasement pipe will be made by the linear foot (L.F.) of
encasement pipe installed based on horizontal measurement for the various diameters shown
in the Plans, and shall not exceed the planned length, unless approved in writing by the
' Owner.
Measurement for steel encasement pipe installed by open cut will be made by the linear foot
of encasement pipe installed based on horizontal measurement for the various diameters
shown in the plans, and shall not exceed the planned length, unless approved in writing by
the Owner.
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Gregg Avenue Water Lines Phase I SP -06 (4) Garver No. 0296-3600
ISP -06-5.1 BASIS OF PAYMENT
' Payment for bored steel encasement pipes will be made by the linear foot (L.F.) of bored steel
encasement pipe installed complete at the locations shown on the Plans. Such payment shall
be total compensation for furnishing and installing the encasement pipe and installing the
carrier pipe within the encasement pipe as described herein and all other items of work or
materials needed for a complete installation. The carrier pipe and installation within the
encasement pipe will be paid for under a separate item. No separate measurement or
payment will be made for bore pit excavation, sheeting, shoring, etc., or fittings, skids, casing
spacers whether or not the restrained type, straps, or other appurtenances, or for sealing,
venting, marking, or protecting the encasement pipe.
Payment for steel encasement pipes installed by open cut will be made by the linear foot
(L.F.) of steel encasement pipe installed by open cut complete at the locations shown on the
Plans. Such payment shall be total compensation for furnishing and installing the
encasement pipe, all excavation, bedding and backfill, and all other items of work or
materials needed for a complete installation. The carrier pipe and installation within the
' encasement pipe will be paid for under a separate item. No separate measurement or
payment will be made for fittings, casing spacers, skids, hold-down jacks, straps, or other
appurtenances, or for sealing, venting, marking, or protecting the encasement pipe.
Payment will be made under the following items:
SP -06-5.2a
SP -06-5.2b
SP -06-5.2c
' SP -06-5.2d
SP -06-5.2e
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24"
6"5
18"
32"
Bored Steel Encasement Pipe - per linear foot (L.F.)
feel Encasement Pipe Installed by Open cut - per linear foot (L.F.)
Steel Encasement Pipe Installed by Open Cut - per linear foot (L.F
Steel Encasement Pipe Installed by Open Cut — per linear foot (L.F
Steel Encasement Pipe Installed by Open Cut — per linear foot (L.F
IEND OF SECTION SP -06
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Gregg Avenue Water Lines Phase I SP -06 (5) Garver No. 0296-3600
Addendum No. I
1
SECTION E -I — SITE PREPARATION
1. DESCRIPTION
E I -I. I This item covers the preparation of the site for construction of the proposed improvements.
' The attention of the bidder is directed to the necessity for careful examination of the entire project site
to determine, at the time of bid preparation, the full extent of work to be done under the item "SITE
PREPARATION."
' El -1.2 The item "SITE PREPARATION" shall include:
I. Mobilization
2, Contractor's Staging Areas
3. Contractor's Access/Haul Roads
4. Clearing and Grubbing
I5. Removal and Disposal of Structures
6. Clean Up
7. Temporary Safety Fencing
CONSTRUCTION METHODS
E1-2.1 MOBILIZATION: The Contractor shall consider and include his cost for providing
personnel, equipment, materials, bonds, etc. required for prosecution of the work under this item.
E1-2.2 CONTRACTOR'S STAGING AREAS: The area designated in the Plans as the Contractor's
staging area shall be used by the Contractor to locate the field office, to store materials, for employee
parking, and for other purposes necessary to perform the work on this project. All areas used or
otherwise occupied by the Contractor for his operations shall be cleaned and restored to their original
condition prior to the final acceptance of the project by the Owner. All work involved in the
preparation and restoration of areas used or occupied by the Contractor will not be measured for
' separate payment, but will be considered subsidiary to the bid item "SITE PREPARATION."
El -2,3 CONTRACTOR'S ACCESS/HAUL ROADS: The Contractor shall layout, construct,
maintain, remove and/or reshape all access/haul roads needed to construct the work. Work, including
Sail materials and labor, involved in the layout, construction, maintenance, repair, and removal
(including re -seeding of the area occupied by the road), and/or re -shaping of the Contractor's
access/haul roads will not be measured for separate payment, but will be considered subsidiary to the
bid item "SITE PREPARATION."
Before final acceptance of the project, any damage to the existing roads caused by the Contractor shall
' be repaired as directed by the Engineer. The repair of the existing roads will not be measured for
separate payment but will be considered subsidiary to the item "SITE PREPARATION".
' El -2.4 CLEARING AND GRUBBING: This work shall consist of cutting, removing from the
ground, and properly disposing of trees, stumps, hedge, brush, roots, weeds, rubbish, and other
materials within the limits of the project or other designated areas that interfere with the work or are
' considered objectionable.
The project site shall be cleared except those objects designated to remain shall be carefully protected
' from abuse, marring, or damage during construction operations.
Gregg Avenue Waterline Phase I E -I (1) Garver No. 0296-3600
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Holes remaining after removal of trees, stumps, etc., shall be backfilled with material approved by the
Engineer and compacted as directed except in areas to be excavated. The Contractor shall complete the
operation by blading, bulldozing, or other approved methods, so that the project site shall be free of
holes, ditches, or other abrupt changes in elevations that resulted from the clearing and grubbing
operations.
The project site shall be cleared of stumps, brush, rubbish, trees, and shrubs, with the exception of such
trees, shrubs, and areas designated on the Plans or by the Engineer for preservation. Grubbing will not
be required in areas that will have a fill height of 3 feet or more above undisturbed stumps cut within 6
inches of the natural ground.
Debris shall be removed from the project site and disposed of at an off -site location. The entire job site
shall be cleared of all debris, of whatever nature, and made ready in all respects for the construction of
the proposed improvements.
The Contractor shall make all necessary arrangements with the property owner for obtaining suitable
disposal locations. The costs involved in clearing and grubbing, obtaining disposal sites, hauling, and
final cleanup will not be paid for directly but will be considered subsidiary to "SITE PREPARATION"
El -2.5 REMOVAL ANI) DISPOSAL OF STRUCTURES: This work shall consist of the removal
and satisfactory disposal of utility poles; signs, sign supports, sign foundations; traffic rail; fence; curb
and curb and gutter; portland cement concrete or asphalt concrete pavement, parking areas, sidewalks,
and steps; driveways; retaining walls; manholes; drainage structures; concrete or masonry foundations
(including foundations of poles or signs to be removed) or slabs; and culverts, all of which are not
designated or permitted to remain. The Contractor shall make his own estimate of the work required
for the removal of structures which conflict with the proposed construction. All structures required to
be removed may not be designated as such in the plans.
The provisions of this section shall not apply to underground petroleum storage tanks.
The attention of the bidder is directed to the necessity for careful examination of the entire site to
determine, at the time of bid preparation, the full extent of work to be accomplished. The entire site
shall be cleared of all man-made obstructions and debris, of whatever nature, and prepared in all
respects for the construction.
The Contractor shall not unnecessarily interfere with the use of any adjacent sidewalks, streets, or
roads.
Materials removed will become the property of the Contractor and shall be removed from the job site,
unless specifically designated otherwise.
All surface items such
as curb, curb and gutter, driveways, parking areas, walks, steps,
asphalt and
PCC
pavement, and walls
shall be separated or broken away
from the adjacent part
of any structure
designated to remain in place by a vertical saw cut along the
line designated by the Engineer.
The
edge
of the structure left in
place shall be approximately vertical
with no abrupt changes in alignment.
Any
damage to or removal
of the structure designated to remain
in place shall be repaired
or replaced
at no
cost to the Owner.
Holes, ditches, or other abrupt changes in elevation caused by the removal operations that could
Gregg Avenue Waterline Phase I Ed (2) Garver No. 0296-3600
obstruct drainage or be considered hazardous or unsightly shall be backfilled, compacted, and left in a
workmanlike condition.
' Existing culverts or pans thereof that interfere with the new construction shall be removed.
' Where existing pipe culverts are to be extended or otherwise incorporated into the new work, only such
part of the existing structure shall be removed as to provide a proper connection to the new work.
The connecting edges or joints shall be cut, chipped, and trimmed to the required lines and grades
without weakening or damaging the part of the structure to be retained.
For a pipe culvert extension, the headwall and the attached end joint of concrete pipe or the flared end
' section on all types of pipe shall be removed to accommodate the extension. This work will not be paid
for directly but will be considered included in the items involved in the culvert extension.
I Trenches or voids resulting from the removal or demolition of existing culverts or other structures shall
be filled with approved material placed in layers in accordance with SECTION E-2.
Masonry and reinforced concrete foundations shall be obliterated, or if in fill sections, may be left in
place if covered by not less than 2 feet of embankment.
Concrete foundations for poles to be removed shall be obliterated to a depth of 2 feet below finished
grade or as required to accommodate new construction.
The removal and disposal of the various items covered by this specification will not be measured for
separate payment, but will be subsidiary to the bid item "SITE PREPARATION".
EI-2.6 CLEAN UP: From time to time, the Contractor shall clean up the site in order that the site
'
presents a neat appearance and that the progress of work will not be impeded. One such clean up shall
immediately precede final inspection.
' Immediately following acceptance of the work by the Owner, the Contractor shall remove all temporary
equipment, surplus materials, and debris resulting from his operations, and leave the site in a condition
fully acceptable to the Owner.
FI-2.7 TEMPORARY SAFETY FENCING.
During certain portions of the work, the Contractor shall provide a temporary fence of design and type
needed to prevent entry by the public into open excavation areas of the Work. This temporary fence
shall be installed and remain in -place around areas of excavation that shall remain open to the public
for periods of longer than 8 hours, and around areas of excavation that are immediately adjacent to
areas of public travel, such as sidewalks, public streets, etc., that shall remain open for periods longer
than 8 hours.
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Gregg Avenue Waterline Phase I E -I (3) Garver No. 0296-3600
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MEASUREMENT AND PAYMENT
E1-3.1 Site Preparation will be measured as a lump sum complete item. Work completed and
accepted under this item will be paid for at the contract lump sum price bid for "SITE
PREPARATION," which price shall be full compensation for furnishing all labor, tools, equipment and
incidentals necessary to complete the work.
Periodic payments will be made under this item in proportion to the amount of work accomplished, as
determined by the Engineer.
Payment will be made under:
Item E -1-3.I Site Preparation - per Lump Sum
END OF SECTION E -I
Gregg Avenue Waterline Phase I
E -I (4)
Garver No. 0296-3600
SECTION E-4 - TRENCH AND EXCAVATION SAFETY SYSTEMS
DESCRIPTION
E4-1.1 This item covers the compliance with Act 291 of 1993 which requires the inclusion, in the bid,
of a separate pay item for "TRENCH AND EXCAVATION SAFETY SYSTEMS".
STANDARDS
E4 E42.1 All work under this item shall conform to the current edition of Occupational Safety and
Health Administration Standard for Excavation and Trenches Safety System, 29 CFR 1926, Subpart P
(copy attached).
"Competent Person" as defined in the Standard Specifications shall be the General Contractor's General
Superintendent.
CONSTRUCTION METHODS
F4-3. I
NOTIFICATIONS
REQUIRED: The Contractor,
prior to beginning any excavation, shall
notify
the State Department
of Labor (Safety Division) that
work is commencing on a project with
excavations
greater than five
feet.
The Contractor shall notify all Utility Companies and Owners in accordance with OSHA Administration
29 CFR 1926.651(b)(2) for the purpose of locating utilities and underground installations.
E4-3.2 EXISTING STRUCTURES AND UTILITIES: Where the trench or excavation endangers
the stability of a building, wall, street, highway, utilities, or other installation, the Contractor shall
provide support systems such as shoring, bracing, or underpinning to ensure the stability of such
structure or utility.
The Contractor may elect to remove and replace or relocate such structures or utilities with the written
approval of the owner of the structure or utility and the Project Owner.
METHOD OF MEASUREMENT
Trench or excavation safety systems shall be measured as a complete unit.
BASIS OF PAYMENT
E4 -5.I Trench and excavation safety systems shall be paid for at the lump sum price bid for
"TRENCH AND EXCAVATION SAFETY SYSTEM", which price shall be full compensation for
benching, sloping, sheeting, shoring, shielding, or any other protective system that provides the
necessary protection to comply with Act 291 of 1993.
Payment will be made under:
Trench and Excavation Safety System
END OF SECTION E-4
Gregg Avenue Waterline Phase I E-4 (I) Garver No. 0296-3600
SECTION 1-1 - MAINTENANCE OF TRAFFIC
' UtSLtur I KJN
II_I.1 This item shall include the erection of signs, barricades, temporary markings, and the
' maintenance of, or noninterference with, traffic in accordance with details shown on the Plans and with
these Specifications, or as directed by the Engineer.
' 11-1.2 This item shall also include the temporary relocation of traffic and street signs, the
maintenance of the temporarily relocated signs through the construction of the project, and the
permanent relocation of any sign relocated due to construction signage after the construction is complete.
' Permanent relocation of any salvaged signs shall consist of furnishing new sign post, new support
hardware, and new concrete bases, where required, in accordance with the dimensions and details
shown in the Plans and at the locations shown in the Plans, or as directed by the Engineer. New sign
post shall comply with the Standard Specifications and AHTD Standard Drawings.
STANDARDS
11-2.1 Maintenance of traffic as described above shall be accomplished in accordance with the
applicable portions of SECTION 603, TRAFFIC CONTROL THROUGH CONSTRUCTION ZONES,
Standard Specifications, except as modified or augmented herein.
' 11112.2 Traffic control devices shall be in accordance with SECTON 604 - TRAFFIC CONTROL
DEVICES IN CONSTRUCTION ZONES of the Standard Specifications, except as modified or
' augmented herein.
CONSTRUCTION METHODS
' 11113.1 The Contractor shall implement and maintain all maintenance of traffic devices as shown on
the Plans or submit his own Plan to the Owner and Engineer for review and approval. Upon approval by
the Owner in writing, the Contractor shall supply the Fire Chief and the Police Chief one (I) copy each
for their files. Two (2) copies shall be supplied to the Engineer. The Contractor shall initiate and
maintain all necessary labor and materials necessary to construct the project in a manner which will
' guarantee public safety with a minimum of inconvenience. Additional work shall be performed by
the Contractor during construction as directed by the Owner or Engineer if necessary to insure
the above standards.
I1 I1=3.2 Contractor Personnel:
The Contractor shall designate a traffic control supervisor to furnish continuous surveillance over traffic
' control operations. This supervisor shall be available at night and weekends to respond to calls
involving traffic control. The name of the traffic control supervisor shall be provided at the
preconstruction conference and to local police.
1 The Contractor's personnel who are used to maintain traffic flow, such as flagmen or any other person
who verbally communicates with or gives directions to the motorized public, shall speak English
' fluently.
Gregg Avenue Waterline Phase I 1-I (1) Garver No. 0296-3600
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' 1111=3.3 Driveways: Maintenance of driveways shall be as approved by the Engineer. It shall be the
Contractor's responsibility to maintain adequate access to private and commercial property at all times,
' except as required for construction across the driveway as approved by the Engineer. During the
construction of driveways or at any time that a property owner cannot use his driveway, the Contractor
shall notify the property owner (one week in advance, minimum) when the driveway will be closed and
' the approximate length of time that it will be closed. The intent of this section of the Specifications is to
cause as little inconvenience as possible to private property owners.
' 11-3.4 Relocation and Reulacement of Traffic Signs and Pavement Striping:
During the construction of the project, the temporary relocation of street signs and traffic control signs
will be performed by the Contractor. The Contractor shall maintain the signs at highly visible locations
'
as near as practicable to the original locations. The latest edition of the Manual of Uniform Traffic
Control Devices published by the Federal Highway Administration shall be used as a guide to the
placement of signs during construction.
' Immediately after the construction of any part of the project reaches a stage of completion such that the
relocation of the street signs and traffic control signs is no longer necessary, the Contractor shall
' permanently relocate the street signs and traffic control signs. Removing any construction signage must
be approved by the Engineer.
Street signs and traffic control signs shall be removed from such area of work as necessary to permit
work on the project. Each sign shall be temporarily relocated in a secure manner by driving the sign into
the ground with equipment approved by the Engineer, or otherwise installed as approved to prevent
damage to underground utilities. Street signs no longer necessary shall be salvaged in good condition
and restored to their original use or returned to the Owner if no longer needed.
' Existing striping shall be removed and new temporary stripes and other pavement markings shall be
provided by the Contractor. Work shall be performed in accordance with SECTION 720 (for Type 4) -
PERMANENT PAVEMENT MARKING TAPE of the Standard Specifications. Pavement markings not
' necessary to the phased construction patterns shall be removed or obliterated with black paint, as
approved by the Engineer. Striping shall be maintained and restored as necessary during construction.
11-3.5 Suspension of Work: If the Owner or the Engineer determines that provisions for safe
traffic control are not being provided or maintained, the work will be suspended. In cases of serious
or willful disregard for safety of the public or construction workers, the Owner will place the traffic
control devices in proper condition and deduct the costs from monies due the Contractor.
1111=3.6 Construction Sequence: The Contractor must understand, implement, maintain, and
fully execute all the following requirements for Construction of the waterlines at the intersection
of Gregg Avenue with Fultrall Drive and Shiloh Drive.
Working hours for all part -width construction near the intersections must be constructed during
' the hours of
intent of the
6:00 am
Plans for
and 3:00 pm on Saturdays and 6:00 am and 3:00 pm on Sundays. It is the
each intersection to be constructed within a single weekend. However, if the
Contractor's
work is
not progressing
at this rate then Engineer
may require
the Contractor to
construct a temporary driving surface according to the details in the plans and suspend work until
the following weekend. Steel plates may be utilized on Saturday night if the restoration of the
roadway surface is not complete. The roadway surface must be restored to a smooth driving
Gregg Avenue Waterline Phase 1 1-1 (2) Garver No. 0296-3600
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surface by 3:00 pm on Sunday. A smooth driving surface is defined as either the ACHM
PAVEMENT REPAIR DETAIL or the TEMPORARY PAVEMENT REPAIR DETAIL has been
properly constructed and is ready for traffic.
In order to maximize the weekend hours the Contractor shall:
• Have completed all necessary arrangements with the City, Engineer, and all other
agencies.
• Mobilize his workers so that construction can begin promptly at 6:00 am.
• Have all necessary equipment on -site or staged near the work.
• Coordinate with material suppliers for weekend deliveries.
• The Contractor must contact the Traffic Department of the City of Fayetteville at 575-
8228 by 12:00 P.M. on the preceding Friday before work on Saturdays and Sundays to
coordinate the location of specific conduits and the changing of sequence for the traffic
signals.
METHOD OF MEASUREMENT
' 11-4.1 Maintenance of Traffic will be measured as a complete item.
BASIS OF PAYMENT
11-5.1 Work performed under this section, acceptably completed as provided above, will be paid
for at the control lump sum bid price for "MAINTENANCE OF TRAFFIC", which price shall be full
' compensation for this item. Periodic payments will be made under this item in proportion to the
amount of work accomplished, as determined by the Engineer.
' Payment will be made under:
Item 1-1-5.1 - Maintenance of Traffic — per lump sum
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Gregg Avenue Waterline Phase I I-1 (3) Garver No. 0296-3600
SECTION 1-10 - FENCES
' UtSLKlr r IUIN
1-10-1.1 This item covers furnishing and constructing new barbed wire and chain -link fence and
' gates in accordance with the types, locations, and details in the Plans, or as directed by the Engineer.
STANDARDS
1-10-2.1 Materials and work shall be in accordance with SECTION 619 - FENCES of the Standard
Specifications, except as modified or augmented herein.
' METHOD OF MEASUREMENT
1-10.3.1 Fencing will be measured by the linear foot outside to outside of end post, for the type
specified in the Plans.
BASIS OF PAYMENT
1-10-4.1 Work performed and accepted under this item and measured as provided above will be
paid for at the contract unit price bid per linear foot for fencing and gates as listed below and in the
' unit price schedule, which prices shall be full compensation for all clearing and grading; for setting
posts, erecting fence, and installing gates; for all excavation and backfill; for furnishing all material;
and for all labor, tools, equipment and incidentals necessary to complete the work.
Payment will be made under:
Item 1-10-4.1 a Barbed Wire Fence — per linear foot
Item I -10-4.1b 6 -ft Chain Link Fence — per linear foot
END OF SECTION 1-10
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' Gregg Avenue Water System Phase I 1-10(1) Garver No. 0296-3600
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' SECTION 1 -16 -CONCRETE SIDEWALKS
'L'S-.JL.,\,t „VI\
116-1.1 This item shall consist of the construction of reinforced and unreinforced Portland Cement
' concrete sidewalks (including handicap ramps) in accordance with the lines, grades, and construction
details shown on the Plans or as directed by the Engineer. All materials and work shall be in
accordance with details shown on the Plans and with these Specifications.
STANDARDS
I16-2.1 Materials and work for sidewalks and steps shall be in accordance with SECTION 633 -
' CONCRETE WALKS AND STEPS of the Standard Specifications, except as modified by SECTION
S -I - STRUCTURAL CONCRETE of these specifications, and except as modified or augmented
herein.
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116-2.2 Work shall also be in accordance with City of Fayetteville Ordinance No. 4005. Any questions
regarding this Ordinance or the Contractor's responsibilities during construction shall be addressed to the
City of Fayetteville's Sidewalk and Trails Coordinator.
CONSTRUCTION METHODS
116-3.1 Final finishing of the surface shall be by steel trowel finish followed by light brushing or
brooming to attain a slightly roughened texture. Transverse (contraction) joints in the walks shall be
sawcut (to a depth of T/4) at intervals not greater than the width of the walk, or as directed, in
accordance with details in the Plans.
116-3.2 Transverse expansion joints in sidewalks shall be constructed opposite expansion joints in
curb and gutter, where sidewalk abuts other concrete structures, and as otherwise directed by the
Engineer, except that no space shall be left between the sidewalk and adjacent curb. Expansion joints
shall be sealed with Sonnebom SLI-Sealant above the joint filler material.
116-3.3 Curing compound meeting SECTION 802 - CONCRETE FOR STRUCTURES of the
Standard Specifications shall be used on all sidewalks.
METHOD OF MEASUREMENT
116-4.1
Concrete for
sidewalks (including
handicap ramps) and
steps will he measured by the
horizontal
square yard.
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BASIS OF PAYMENT
116-5.1 Work acceptably completed and measured as provided above, will he paid for at the contract
unit price bid per square yard for "Sidewalk," at the specified thickness, which price shall be full
compensation for subgrade preparation; for formwork; for furnishing and placing all materials,
including expansion joint material; and for all equipment, tools, labor and incidentals necessary to
complete the work.
Gregg Avenue Waterline Phase 1 1-16(1) Garver No. 0296-3600
Payment will be made under:
116-5.1 a Concrete Sidewalk - per square yard
' END OF SECTION 1-16
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' Gregg Avenue Waterline Phase 1 1-16(2) Garver No. 0296-3600
SECTION 1-17 CURB AND GUTTER
DESCRIPTION
117-1.1 This section shall consist of the construction of curb and curb and gutter at the locations
shown on the Plans or as directed by the Engineer.
STANDARDS
' 117-2.1 Materials and work (including testing) for Concrete Curb and Concrete Curb and Gutter shall
be in accordance with SECTION 634 - CURBING of the Standard Specifications, except as modified by
' SECTION S -I - STRUCTURAL CONCRETE of these Specifications, and except as modified or
augmented in this section of the Specifications.
CONSTRUCTION METHODS
117-3.1 Forms: Article 634.03(b) of Standard Specifications shall be augmented as follows:
' (a) Form for curb and gutter on tangent shall be steel forms, taking into consideration
standard lengths of such forms.
(b) Forms in curved sections may he substantially built wood forms.
(c) The Engineer shall approve all forms before they are used on the job and shall inspect
them periodically. When forms appear to be unsatisfactory in any way, either before
forms are used, during forting operations, or during the placing of concrete, the
Engineer shall order the work stopped until the defects have been corrected or the
defective forms are replaced by satisfactory ones.
117-3.2 Placing and Finishing: That part of Article 634.03(c)( I) of the Standard Specifications which
' relates to placing and finishing shall be replaced by the following requirements:
(a) Concrete shall be dry enough to permit early removal of face forms, if used, for the curb
' section; it shall not be so dry but what adequate tamping and spading will ensure
adequate compaction and surfaces free from honeycomb. The subgrade shall be wetted
before placing the concrete.
(b) The surface shall be shaped to the required section, finished with a steel trowel, and
lightly brushed to produce a uniform surface of slightly roughened texture. The exposed
edge of the gutter at the front form, and the exposed edge of the curb at the back form,
'shall be edged with an edging tool having a radius of approximately 1/8 inch.
(c) At the Contractor's option, shaping may be done by a steel screen, shaped to exact curb
' and gutter section, riding upon the tops of front metal template. The Contractor shall be
responsible for construction within the tolerances allowed by this section. The shaping
operation shall be repeated as often as necessary to attain the required results.
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Gregg Avenue Waterline Phase 1 1-17 (I) Garver No. 0296-3600
' (d) If templates are used to control shape, they shall be of metal and securely fastened in
position at intervals not exceeding ten (10) feet. Templates shall be normal to the grade
' of the gutter and to the centerline of roadway.
117-3.3 Joints: Article 634.03(d), Joints, Standard Specifications, for Concrete Curb and Concrete
' Curb and Gutter shall be deleted in its entirety, and substituted therefore shall be the following:
(a) Premolded expansion joint material shall be placed between the curb and gutter and any
t concrete construction that otherwise would abut against it. Joint material shall be 1/2
inch thick. Premolded joint material shall be of the nonextruding type, and shall
conform to AASHTO designation M 213.
' (b) Expansion joints shall be constructed at the ends of curb and gutter, at the points of
curvature of returns to streets and driveways. Intermediate expansion joints shall be
constructed so that the maximum distance between joints is sixty (60) feet or as
' otherwise controlled by details on the Plans. The joint material shall extend entirely
through the curb and gutter section and, before the joint can be considered completed,
must be trimmed to curb and gutter section.
(c) Contraction joints shall be 1/8" to 3/8" (width) x 1-1/2" (depth) and shall be placed at
fifteen (15) foot intervals between expansion joints or as otherwise controlled by details
Ion the Plans. Contraction joints shall be formed by sawing, unless otherwise specified,
and sealed with a non -sag sealant meeting the requirements of the Standard
Specifications.
' (d) Joints shall be normal to the grade for gutter and the centerline of the roadway. Where
curb and gutter is constructed adjacent to rigid pavement, and at sidewalks, the location
t and width of joints shall coincide with those in the pavement, where practicable. All
joints shall be sealed with material meeting the requirements of SECTION 501 -
PORTLAND CEMENT CONCRETE PAVEMENT, Article 501.03(h) of the Standard
' Specifications.
117-3.4 Placement: Concrete curb and concrete curb and gutter shall be one -course, monolithic,
' between expansion joints.
METHOD OF MEASUREMENT
117-4.1 Work required by this Section shall be measured by the linear foot (L.F.). Each continuous
section of the curb and/or curb and gutter of the type constructed will be measured along the back edge
of the curb; measurements shall include the space occupied by all joints. Measurements shall not
' include the distance across inlet structures. The quantity on the estimate will be the sum of the several
measurements, to the nearest linear foot.
' BASIS OF PAYMENT
1-17-5.1 Work acceptably completed and measured as provided above will be paid for at the contract
' unit price per linear foot (L.F.) bid for "Concrete Curb and Gutter" which price shall be full
compensation for furnishing all materials, including joint material; for all reinforcing steel; for all
' Gregg Avenue Waterline Phase 1 1-17 (2) Garver No. 0296-3600
excavating, fine grading, and backfilling; for placing, finishing, sawing, and curing; and for all
equipment, tools, labor, and incidentals necessary to complete the work.
Payment will be made under:
Item 1-17-5.Ia Concrete Curb and Gutter - per linear foot (L.F.)
END OF SECTION 1-17
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Gregg Avenue Waterline Phase I 1-17 (3) Garver No. 0296-3600
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Appendix A
City of Fayetteville Standard
Waterline Specifications
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STANDARD WATER LINE SPECIFICATIONS
FAYETTEVILLE, ARKANSAS
APRIL 2nd, 1996
aE CITY OF FAYRTEVILLE. ARKANSAS
April 10th, 1996
City of Fayetteville
113 West Mountain Street
Fayetteville, Arkansas 72701
Re: Standard Water Line Specifications
These STANDARD WATER LINE SPECIFICATIONS are hereby promulgated by
the City Engineering Division under authority granted by the
Fayetteville City Council by Resolution 46-96 dated April 2nd,
1996, as approved by the Water and Sewer Corrmittee on February
15th, 1996, and as approved by the Mayor of the City of
Fayetteville.
H
AL SI
ssop, Public Works Director
Char es Venable, Asst Pub Works Director
Do'uTS1d R. Bunn, City Engineer
�3 WEST MOUNTAIN 72701 501-521-7700
Cnv cn 1.K IC.oneI
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RESOLUTION NO. 46-96
A RESOLUTION AUTHORIZING THE ENGINEERING
DEPARTMENT TO PROMULGATE POLICIES, PROCEDURES
AND SPECIFICATIONS FOR WATER LINES, SEWER LINES
AND STREETS. -
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 s ecis ;)-:all be
reviewed and approved by the Street Cor unjttec of the City Council and shall be approved by
the Mayor.
PASSED AND APPROVED this 2nd day of April , 1996. -
APPROVED:
By:
Pred Hanna, Mayor
ATTEST
By:ClQfj >QJ
Traci Paul, City Clerk
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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...
7. Inspections and Testing Procedures.. . . . . . . . . . . . . .
8. Final Acceptance by the City.........................
9. Location of Water Lines. . . . . . . . . . . . . ... . . . . . . . . . .
10. Fire Hydrant Spacing. . . . . . . . . . . . . . . . . . . . . . . . . . . .
11. Water System Study ...................................
12. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART B, MATERIALS
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3
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5
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6
1. Pipe and Fittings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2. Polyethylene Encasement (Pipe Wrap) .................. 3
3. Detectable Tane...................................... 3
4. Backfill Materials ................................ 3
Is. Pipe BeWiieg Materials........................... 6. Tzacer Wire.. .. . 44
7. Concrete ..................... . .
8. Steel Encasement Pipe ................................
S. Gate Valves.......... 5
10. Butterfly Valves ..................... 6
11. Valve Boxes. . . . - . . . . . . . . . . . . . . ........... . . . . . . . 7
12. Fire Hydrants ........................................ 7
13. Tapping Sleeves. . . . . . . . ............................. 8
14. Service Connection Materials...... . . . . . . . . . . . . . . . . . . 8
PART C, CONSTRUCTION METHODS
Ii. Pipe Laying. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......
2. Pipe Trench, Excavation.............................. 5
3. Pipe Trench, Backfill............... ......
4. Installation of Meter Box Settings ................... 7
�' 5. Valve and Valve Box Installation ..................... 7
6. Fire Hydrant Installation. . . . . . . . . . . . . . . . ... . . E
7. Blow -Off Construction ................................ 9
8. Clean -Up. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... . . . . . . 9
9. Pavement Repairs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10. Barricades, Guards, and Safety Provisions............ 13
1 11. Maintenance of Traffic and Closing of Streets....... 13
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STANDARD SPECIFICATIONS FOR WATER LINES
PART A. GENERAL REQUIREMENTS
1. Requirements to Extend Water Service:
All new development of any kind shall be required to extend
water services to that development at the owner's expense. Water
service shall include providing adequate domestic water flows as
well as fire protection with hydrants spaced in accordance with the
local and state fire codes.
On subdivision or large scale development water systems, water
lines shall extend to the subdivision property line where future
streets are either planned or built to serve adjacent property.
Construction of such extensions shall be at the expense of the
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 all
subdivisions regardless of whether they are inside the City Limits
or not. Where subdivisions are outside the City Limits, the
placement of fire hydrants shall be optional and in no case shall
hydrants be installed outside the City unless a) a fire flow of at
least 500 gallons per minute can 1e obtained at the hydrant, and b)
the residents being served by the hydrant have a contract for fire
protection with the City of Fayetteville and/or with a Washington
County Rural Fire Depart:oent having a mutual aid agreement with the
Fayetteville Fire Department.
2. Minimum Size of Water Lines:
The minimum sized line that may be installed in connection
with a subdivision is Six (6) inch. This is required even if the
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-sacs
provided the line could not be reasonably extended in the future to
provide service to adjacent property and where a larger line is not
needed to provide either fire protection or adequate domestic
flows.
Eight
(8)
inch lines shall be
required where needed to
maintain or to
create an Eight (8)
inch water line grid at a
spacing of
about 1/4 of a mile in both the north -south and east -
west direction.
A spacing of less than
1/4 mile may by required to
accommodate
domestic
or fire demands.
Lines larger than eight (8)
inches will
be
required as recommended
by the latest Water System
Study.
Part A, General 1
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The minimum line size requirement for the provision of fire
protection shall be a looped 6 -inch line or, in the event of a dead
end line, an 8 -inch. This minimum requirement shall apply
regardless of the theoretical flow capacities existing in the
system. Even where a 6 -inch loop may be attained, the City Engineer
may require the installation of an 8 -inch line in certain locations
where loops are long and where large developments are
involved. Lines larger than 8 -inch may be required if they are
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 water
line in place than is required under Part 1, Paragraph 2 of these
Specifications, the city may enter into an agreement with the
developer to provide for the construction of the larger sized line.
In that event, the City shall be responsible for the
difference in material and installation cost between the size line
required for the developer and the size line desired by the City.
The City shall not be responsible for any engineerinv cost
associated with the up -sizing unless the larger size line is more
than 12 -inches in diameter. The City shall not participate in the
rncf of Mn A-i n -h nr emn l 1 or line 4- i-h .. n: *..
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The cost involved in up -sizing shall be determined by the
developer's engineer by the taking of bids, and shall he approved
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 width
regardless of the size of the water line. The easement may be
designated specifically for water line purposes or it may be a
general utility easement.
Lines sized 12 -inches through 18 -inches shall not be placed in
easements of less than 25 feet. Lines larger than 18 -inches shall
be placed in an easement of no less than 30 feet. Wider easements
may be required, depending on the specific circumstances involved.
Easements of a lesser width will be considered when adjacent
to another easement or under other special circumstances. Also,
where easements are required between lots, the City will consider
16 foot easements (to coincide with setbacks).
Part A, General 2
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5. Permits:
All permits required to accomplish the work shall be the
responsibility of the owner or engineer. Such permits may include
but is not limited to permits for work within Highway Department
R/W, railroad crossing permits, "Notice of Intent" for Erosion
Control (Arkansas Department of Pollution Control and Ecology),
Drainage Permit, Grading Permit, and a "No Charge" tapping permit
for fire service lines. Work shall not be started without the
appropriate permit(s) in place.
6. Approval of Water Extension Plans:
Detailed plans and specifications shall be required for all
extensions and shall be prepared by a professional engineer
registered to do business in the State of Arkansas.
The plans and specifications shall be first approved by the
City Engineer and then shall be forwarded to the State Department
of Health by the Engineer of Record for their approval. In no case
shall any water line construction be allowed before the City has
written approval from the State Health Department.
Private lines constructed for fire prevention purposes which
-- have no metering device or backflow prevention device at the point
of tie-in to the City main shall be treated as a public line and be
subject to these specifications as far as engineering, construction
techniques, materials, testing, and inspections are concerned.
After a final inspection and acceptance of the worn, the line shall
be owned and maintained by the owner of the property it serves.
No construction of any kind may begin without an erosio≥i
control plan on file with the City in accordance with the City's
Excavation and Gra ordinance. The erosion con ro measures
straw a es, silt dams, silt ponds, etc.) must be in place in the
field prior to construction. For projects 5 acres or larger in
size, it is the responsibility of the contractor to have on file
with the Arkansas Department of Pollution Control and Ecology a
"Notice of Intent".
Written notice of the intent to begin construction must be
given to the City no less than three (3) days nor more than ten
(10) days prior to the construction start date. A pre -construction
conference involving the Engineer of Record, Contractor, and the
City is required prior to beginning construction.
Part A, General 3
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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 no
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 Record
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 of
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 construction
a) The pressure testing of tapping sleeve installations
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 is
required in the taking of samples for the Bac-T test except that
the contractor is responsible for the proper flushing of the line
prior to samples being taken by the City. However, the City may
require the presence of the Contractor or Engineer of Record when
questions have been raised as to the methodology or techniques used
in the sampling process.
Bac-T samples are sent to the State Department of Health for
testing. Results obtained by the City shall be forwarded to the
Engineer of Record either by fax or by mail immediately upon
receipt by the City.
Part A, General
4
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Lines failing the Bac-T tests shall be re -sampled as soon as
practicable. If a line fails three (3) consecutive Bac-T tests, the
line must be re -chlorinated before Bac-T samples can be taken
again. The City shall not be responsible for the rescheduling of
failed Bac-T tests.
The fire hydrant test shall consist of checking the operation
of the fire hydrant valve and flowing the fire hydrant. This shall
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 by a
designated representative of the City Engineer's Office, a
representative of the Fayetteville Water and Sewer Maintenance
Department, the Engineer of Record, and the Contractor. A separate
walk-through shall be made by the Meter Foreman to check the
location, grade, and condition of water meter settings prior to
final acceptance.
The City will be deemed to have accepted water lines and
• atpurtenances for ownership upon written notification to the Owner
after final inspecti^n. Once the City accepts the project for
ownership, the Owner shall be responsible for the provision to the
City of a two (2) year maintenance bond for 100 pe:ccen.. of ,.he
construction cost which shall cover defects in materials and
workmanship. A walk-through shall be performed at the end of the
two year period and all deficiencies corrected prior to release of
the bond. City maintenance shall begin after expiration of the Two
(2) year Maintenance Bond.
Record drawings are hereby required as a condition of final
acceptance by the City.
9. Location of Water Lines:
Water lines shall be placed on public streets either in the
right of way or in an easement adjacent to the street right of way
except that lines can go between lots when there is no other
reasonable way to access a line or provide for future service. In
no case shall lines intended for individual services be placed in
the rear of lots or along back property lines.
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Part A, General
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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.
P . 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.
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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.
11 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 r. of
these Standard Specifications shall he applicable to all land c_
po.rcels of land being developed for commercial, industrial, or
i r The material and construction specifications
res_d.e, lal use. :.
contained in Parts B and C shall he applicable to all :titer line'
construction under the control of the City of 'rayetteVille.
Part A, General
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STANDARD SPECIFICATIONS FOR WATER LINES
PART B, MATERIALS
1. PIPE AND FITTINGS:
Allowable pipe materials shall be Polyvinyl Chloride (PVC) and
Ductile Iron. Materials for mains larger than 24" shall be
determined on a case by case basis. All pipe shall be designed for
a working pressure of at least 200 psi except that for large pipe
(30" in size or larger) the design working pressure shall be as
called for by formal design. In no case shall the design working
pressure be less than 150 psi. For pipe smaller than 24", the
allowable pipe sizes are 2, 6, 8, 12, and 18 inches.
Polyvinyl Chloride Pipe - PVC pipe 2 inches in size shall be
manufactured in accordance with ASTM D-2241. PVC pipe 6 inches
through 12 inches in size shall be manufactured 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 to
ASTM Resin Specification D-1784, latest revision. Clean,
reworked material generated from the manufacturer's own
• production shall be acceptable as long as the pipe produced
meets all the requirements of the Specifications. Nominal
laying length shall be 20 feet.
Joints for 2 -inch plastic pipe shall conform to ASTM
• Specification D-3139. Joints for plastic pipe 6 -inches and
larger shall conform to AWWA C-900.
Fittings for PVC pipe 2 inches in diameter shall comply with
ASTM Specification D-3139, 'Joints for Plastic Pressure Pipes
Using Flexible Elastomeric Seals".
Fittings for PVC pipe 6 -inches and larger shall conform to the
specifications given for ductile iron pipe.
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Ductile Iron Pipe - Ductile Iron Pipe shall conform to the
requirements of "Ductile Iron Pipe, Centrifugally Cast in
Metal Molds or Sand -Lined Molds, for Water or Other Liquids,"
AWWA Standard C151, latest revision, and shall be designed to
withstand compacted earth loadings as applied according to the
conditions set out on the Plans with an AASHTO HS -20 truck
live load. The external loading shall be based on a soil
density of 120 pounds per cubic foot and Type 3 standard
laying conditions.
Part B - Materials
3
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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 conform
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 Iron
Compact Fittings.
Restrained joint pipe and fittings shall be ductile iron pipe
manufactured in accord with applicable sections of ANSI/AWWA
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
P equal.
Swivel joint fittings shall have a retainer lip and swivel
rotatable gland for positive restraint without tie rods.
Restraint joints shall be used where testing will be done
against closed valves, etc.
Flanged pipe and fittings shall be in accordance with the
requirements for "Flanged Ductile Iron Pipe with Threaded
Flanges," ANSI/AWWA Cll5/A21.15, latest revision.
Bolts and gaskets shall meet the requirements of ANSI/A.WWA
C111/A21.11, latest revision, for "Rubber -Gasket Joints for
•Ductile -Iron Pressure Pipe and Fittings."
All ductile iron pipe and ductile iron pipe fittings shall
have a. standard thickness cement mortar lining in conformance
to ANSI/AWWA C104/A21.4.
All ductile iron pipe shall have a bituminous exterior coating
unless otherwise specified. Exposed pipe may be required to
have a factory prime coat consisting of one coat of Xop-Coat
240 Gold Primer, Kop-Coat 622 LCF Primer, or approved equal.
The bituminous coating shall be approximately 1 mil thick and
shall be factory applied to the outside of all pipe and
fittings. The finished coating shall be continuous, smooth,
neither brittle when exposed to the cold nor sticky when
exposed to the sun, and shall be strongly adherent to the pipe
or fitting.
Joint lubricant shall be provided by the pipe manufacturer,
and applied as per the manufacturer's recommendations.
Part B - Materials
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Galvanized Steel Pipe and Fittings: Threaded fitting pipe for
blow -offs shall be unlined Schedule 80 steel pipe and shall
conform with the requirements of ASTM A120-82, latest
• revision, and shall be galvanized in accordance with ASTM
Specification A90-81, latest revision. Fittings for galvanized
steel pipe shall be of cast iron, of standard design and
dimensions, and be of uniform style and pattern. Fittings for
galvanized steel pipe shall be galvanized in accordance with
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 conformance to ANSI/AWWA
C105, latest revision. The polyethylene film shall have a minimum
nominal thickness of .008 -inch (8 mils), and shall be provided in
either flat tube or sheet form.
3. Detectable Tape:
Detectable tape shall be "Detect Tape" as manufactured by
Allen Systems, Inc. or approved equal, and shall consist of a
minimum thickness of 0.35 mils solid aluminum foil encased in a
protective inert jacket that is impervious to all known alkalis,
, , acids, chemical reagents and solvents found in the soil. The
minimum overall thickness of the tape small be 5.5 mils and the
width shall not be less than 2 inches with a mediuIr, unit weight of
2 1/2 pounds/i inch x 1000 feet.
P. The tape shall be color coded and imprinted with the message
as follows:
Type of Color
Utility Code Legend
Water
Safety Precaution
Blue
4. Backfill Materials:
Allowable backfill material shall be:
Caution, Buried
Water line Below
(1) Class 7 Aggregate Base Course as specified in Table 303-
1, page 161, in section 303 AGGREGATE BASE COURSE, of the
"Standard Specifications for HIGHWAY CONSTRUCTION," Edition of
1993, published by the Arkansas State Highway and
Transportation Department.
Part B - Materials
(2) Sand. Sand
uncoated grains free
All (100%) of "sand"
(4) Red Clay Gravel
Engineer"
(5) Native material
required and where
material.
shall consist of clean, hard, durable
from lumps, clay and organic materials.
shall pass a no. 8 sieve..
or "Hillside" as approved by the City
s where the Class 7materials is not
suitable (not to be used as bedding
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 S Base (LHTD Specification)
d) Materials meeting either ASTI, D-148 Size ,,-6. or
ASTM D2774
In no case shall the maximum dimension of rock exceed 0.50
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 day
compressive strength of 2,500 psi.
Part B - Materials
4
I • •
8. Steel Encasement Pipe:
Encasement pipe for water mains shall be constructed of either
spiral or straight welded steel and shall be sized as follows:
water Minimum Encasement Minimum Wall ASTM/AWWA
Main Size Pipe Size Thickness Specification
(inches) (inches) (inches)
P4 - 6 12 0.250 ASTM A 53
8 16 0.250 AWWA C 102
12 - 16 24 0.250
18 30 0.312
20 - 24 36 0.312
36 48 0.375 " It
48 60 0.375
P9. Gate Valves:
Gate valves shall be used for pipe up through 10 -inches in
size.
Gate valves shall be resilient seated type, non -rising stem
gate valves, in conformance with the requirements of AWWA •0503,
latest revision, for °Pesilien:: Seated Gate Valves, 3 Through 12
NPS, for Water and sewage Syster..s. P.11 gate valves shall be
designed for a minimum of 200 psi working pressure. Al! gate
valves shall be M&H, AWWA C509 Resilient Seated Gate Valves or
approved equal. Approved equals are Waterous, Mueller, and Clow.
fl All gate valves shall have 0 -ring stem seals. The O-ring stern
seal shall be so designed that the seal above the stem collar can
be replaced with the valve under pressure in the full -open
position.
Gate valves shall have standard mechanical joint ends unless
indicated on the Plans. Tapping valve ends shall be flanged by MJ.
Buried gate valves shall be designed for operation with a
nominal 2 inch square operating nut. The standard direction of
opening shall be open left as viewed from the top. Handwheels for
gate valves shall be in conformance to AWWA C509.
•
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Part B - Materials 5
I
The interior and exterior of the valve body, bonnet and seal
plate shall have factory applied fusion bonded epoxy coating
meeting AWWA C550 latest revision.
The valve shall be tested in accordance with AWWA C509, latest
revision.
10. Butterfly Valves: l7•'
Butterfly valves shall be used for a/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. Body
thickness shall be in strict accordance with AWWA C504, latest
revision, Class 250B.
All butterfly valves shall he of the tight closing, synthetic
rubber -seat type, as follows.
1) valves 20 inches (norn1:al diameter) and smaller shall
have bonded seats which are simultaneously molded in,
vulcanized and bon.ied to the body. Seat bond must
withstand 75 pounds pull under test procedure ASTM D429,
Method B.
f
2) On valves 24 inches and larger, all seats shall be of a
synthetic rubber compound. Seats shall be retained in
the valve body by mechanical means without retaining
rings, segments, screws or hardware of any kind in the
flow stream. Seats shall be a full 3600 without
interruption and have a plurality of grooves mating with
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
6
S
Valves 24 inches nominal diameter
cast iron with a stainless steel
Valves 30 inches through 48 inches nominal diameter:
Valve discs shall be ductile iron with a stainless steel
seating edge.
The valve shaft shall be constructed of stainless steel and
the bearings shall be corrosion resistant and self-lubricating. The
valves shall be equipped with a totally enclosed type operator,
fully gasketed and grease packed, suitable for direct burial. The
operator shall be designed for operation with a nominal 2 inch
square operating nut for use with a T -wrench. Operators shall be
designed to open with a counterclockwise rotation of the operator
nut.
All valves shall have factory applied
coating meeting AWWA C550 latest revision.
The
valve shall
be
hydrostatically tested at
leakage
in accordance
with
AWWA C504, latest revision.
Where valves are specifically shown and detailed on the
plans to be painted, the valves shall be delivered to the job site
factory blasted, cleaned and primed with one coat of Kop-Coat 340
Gold Primer or Kop-Coat 622 LCF Primer, or approved equal.
11 Valve Boxes:
Valve boxes shall be constructed of cast iron. The valve box
and appurtenances shall consist of a base, extensions as required,
and a top section with a drop lid. The lid shall be marked with
the word "WATER." All valve boxes shall be compatible with the
gate or butterfly valves for which they are provided and shall be
manufactured for use in roadways.
12. Fire Hydrants:
All fire hydrants shall be dry barrel hydrants in conformance
with AWWA C502, latest revision, for 'Dry Barrel Fire Hydrants",
and shall be designed for a working pressure of 200 pounds per
square inch gauge. Pressure class 200 fire hydrants shall be
three-way, painted white above the ground line with reflective
paint 7216 3M. Approved fire hydrants are Mueller Centurion
hydrants, catalog No. A-423 or Waterous 5 1/4" WB67-90.
The hydrant shall have a 6 inch mechanical joint inlet in
conformance to the dimensions shown in ANSI/AWWA C110/A21.10,
latest revision. Three-way hydrants shall have a 5-1/4 inch valve
opening.
fire hydrants shall be equipped with a two-piece barrel
break -a -way flange at the ground line and shall be
for a 42 -inch bury. Extensions shall be Mueller A-320 or
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).
Fire hydrants shall be equipped
and flange which are intended to fail
damage to the stem or main valve.
fire hydrants shall be tested in accordance
latest revision.
13. Tapping Sleeves:
Tapping sleeves shall be designed for 200 psi and shall be JCM
Type 432 for pipe six (6) inches through twelve (12) inches and JCM
412 for pipe greater than twelve (12) inches, or approved equal.
Tapping sleeves shall be vinyl coated.
13. Seivic. Connection Materia•ls_
Materials for water
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......
3/411 Tail Piece......... ......
18" Cast Iron Flat Meter Lid......
18" x 24" PVC Meter Box,
#501824 .30T, ).275
wall thickness. ................
Type K soft copper
Mueller B-25008
Mueller H-15363
Mueller H-1402
Mueller H-14222
C-109, Crouch Foundry
Mueller/McCullough
Tapping saddles for PVC and Ductile
manufactured by Mueller and Romac respectively.
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STANDARD SPECIFICATIONS FOR WATER LINES
PART C. CONSTRUCTION METHODS
1. PIPE LAYING:
All water pipe shall be laid and tested in strict accordance
with the manufacturer's recommendations. For ductile iron pipe,
ANSI/AWWA C600 shall apply. For PVC pipe, ASTM D-2774 shall apply.
All water mains which cross sewers shall be laid to provide a
minimum of 18 inches positive vertical clearance as measured from
bottom of pipe to top of pipe. At all crossings, the water line
pipe shall be adjusted to provide one full length of water line
pipe over the sewer line with both joints located as far as
possible from the sewer line. A ten (10) foot separation shall be
maintained between water lines and sewer lines where those lines
run parallel to each other.
Care shall be taken not to exceed the manufacturer's
recommendations on the degree of deflection allowed per joint of
pipe. A pipe bend shall be installed where necessary to maintain
conformance to those recommendations.
Pipe, regardless of type, shall he. laid
material (see Part 3, Paragraph 5) and shall
of 6" over the top of the pipe with the same
shall be hand tamped in the ditch prior to
shall •be hand tamped around and over the pil
on 6 inches of bedding
be covered to a depth
::taterial. The bedding
pipe installation and
;e.
Reaction backing shall be installed at all points of
unbalanced pressure. Required area of undisturbed soil for backing
purposes shall be calculated based on the bearing strength of the
soil (2000 pounds/square foot) maximum allowable unless proven
otherwise by soil tests) and on a working pressure of 200 psi.
Calculations shall take into account pressures due to water hammer.
Sufficient concrete shall be used to properly transfer load from
the fitting to the undisturbed soil in a uniform manner and without
exceeding the strength of the concrete. The fitting shall be
wrapped with 8 mil polyethylene prior to pouring the concrete.
Concrete shall not extend over or around the fitting joints. All
bends, tees, etc. shall remain open until inspected by the City.
The transition from 6 -inch pipe to 2 -inch pipe shall be by
means of a tapped 2 -inch plug.
All 12 -inch or smaller ductile iron 90 degree bends, tees,
hydrant shoes, and other valves within 30 feet of a plug or reducer
shall have retainer glands.
Part C, Construction Methods
1
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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 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 for 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
• •
Reasonable amounts of water for flushing, testing and
disinfecting water lines will be supplied by the City. The work
shall be coordinated to ensure that it will not be carried on
during periods of high water usage. water valves on the existing
water system shall only be operated by, or under the direct
personal supervision of the City of Fayetteville Water Department.
After completion of construction of all water lines or
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 air
release and vacuum valves, blow -off valve assemblies, line
valves, and fire hydrants to assure proper operation.
b) Hydrostatic Testing: All pipe on this project shall be
tested as set out in AWWA C600, latest revision. Tests will
be conducted only after the line is completed, including all
taps and meter settings as required and the back£ill
completed. These tests shall be performed by the Contractor in
the presence of the City Inspectors and the Engineer of
Record. The Contractor shall furnish all necessary pressure
gauges, meters, and pumps and make all taps and connections.
Each valved section of pipe shall be slowly filled with water
and the specified test pressure shall be applied by means of
a pump connected to the pipe in a manner satisfactory to the
Engineer. Before applying the test pressure, all air shall be
expelled from the pipe by permanent taps or corporation cocks
where necessary.
Test pressure shall be the greatest of 150 percent of the
static pressure or 200 psi, whichever is greater. The
developer shall provide all pumps or other equipment necessary
to maintain the test pressure within ±5 psi at the test point
for a period of two hours. Fire hydrant valves shall be open
during the pressure test.
c) Leakage: The leakage test shall be conducted concurrently
with the pressure test. Leakage shall be defined as the
quantity of water that must be supplied into the newly laid
pipe, or any valved section thereof, to maintain pressure
within 5 psi of the above specified test pressure after the
air in the pipeline has been expelled and the pipe has been
filled with water.
1
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Part C, Construction Methods 3
1
P • •
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).
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 C601, 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 ;rater 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 consecutive days 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
I
shall be placed on the next to last joint if possible and shall be
restrained.
1
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Part C, Construction Methods 4
P
2. Pipe Trench, Excavation:
The trench shall be excavated to at least 6 inches below the
grade necessary to provide the minimum cover required. Trench width
shall be outside pipe diameter at the bell plus 1 foot either side,
except for PVC pipe, the minimum trench width shall be the outside
diameter of the pipe plus 8 inches. Maximum trench width shall be
' the outside diameter of the pipe plus 2 feet.
Where the bottom of the trench at subgrade is found to be
unstable or to include ashes, cinders, any type of refuse,
vegetable or other organic materials, or large pieces of fragments
of inorganic material which in the judgment of the Engineer should
be removed, the trench shall be excavated and such material removed
to the width and depth ordered by the Engineer.
Before the pipe is laid the subgrade shall be made by
backfilling with bedding material (Part B, Paragraph 5) in 6 inch
uncompacted layers. The layers shall then be hand or machine
tamped so as to provide a uniform and., continuous bearing and
' support for the pipe at all points along the pipe length.
The sides of any excavation, when deemed necessary or as
required by State or Federal regulation, shall be properly
supported with bracing, shoring or sheeting as the need may be.
Such bracing and shoring shall be withdrawn as the work progresses.
In case the excavation is close enough to buildings or ether
' foundaticns as to endanger their stability by the removing of such
bracing, then they shall be made secure and left in place; and the
waterline trench backfilled and thoroughly tanned with the bracing
• in place.
• The Contractor shall provide sufficient pumps and other
necessary equipment to keep the trench free of water which may
accumulate. If the bottom of the trench becomes soft and muddy,
the Contractor shall remove all such soft material and replace it
with bedding materials approved in Part B of these specifications.
Under no conditions shall pipe be laid in a trench that has not
been properly dewatered.
' The length of trench that may be opened ahead of the pipe
laying operation shall be determined by field conditions. The
contractor is responsible for the proper restoration of open
trenches damaged by the weather or by other means. If, because of
such trench damage, a different type of pipe bedding system is
required to provide proper pipe support, the extra expense of such
revised bedding shall be borne by the contractor at no cost to the
City.
ii
Part C, Construction Methods 5
[,I
3. Pipe 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.
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All pipeline trench backfill shall
appropriate thickness and compacted
hydraulically -powered vibratory trench
equivalent equipment. Heavy compaction eqi
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 coarse, ::lass %)
shall be placed in 6 to 8 inch lifts and compacted to 95 percent
modified Proctor density (ASTM D1557-73).
Red clay gravel or "hillside" may be used as a backfill
material in areas described in the above paragraph when
specifically approved by the City Engineer and compacted in 6 to 8
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 density
test shall be required per 500 feet or portion thereof. An
additional test will be made for each test failure at approximately
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 finished
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 6
•
4. Installation of Meter Box Settings:_
Meter box settings shall be located at the street right of way
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 determined
P. by the Engineer of Record and the meter box shall be placed at that
grade. Up to the time of final acceptance by the City, it shall be
the responsibility of the Owner to make whatever adjustments to
meter boxes that might be necessary. After final acceptance by the
city, any adjustment of meter boxes needed will be handled in
accordance with existing or future City Ordinances that may govern
the situation.
No meters shall be set by the City until the meter box is
adjusted to the proper grade.
Any boxes falling in driveways or sidewalks shall be relocated
at the expense of the developer or lot owner.
It shall be the responsibility of the Engineer of Record to
place meter box locations on the Record Drawings and to mark them
in the field. The Record Drawings shall indicate from where each
lot is to receive water service.
U_________________
5. Valve and Valve Box _nstallaticn:_
Gate and butterfly valves shall be installed in accordance
with AWWA C600, latest revision, Sections 3.3 and 3.6, and with
either AWWA C504 or AWWA C509, as applicable, latest revisions, the
manufacturer's recommendations, and these specifications.
Prior to installation, all valves shall be visually inspected
for defects, and any foreign material in the valve interior
removed.
A valve box as specified shall be provided for each valve used
in a buried service application. The valve box shall be installed
so as not to transmit shock or stress to the valve. The valve box
I
shall be centered and plumb over the operating nut of the valve
with the box cover flush with the surface of the finished surface.
The valve box shall be backfilled evenly around its perimeter with
select material. The backfill material shall be hand tamped so
that the ground will not settle after placement of the concrete
collar.
I
Part C, Construction Methods 7
p
p
p
p
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All valve box lids sY
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
,all 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
direction of opening, cleanliness
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 with
the nozzle centerline at least 18 inches above the ground.
When hydrants are placed beyond the curb, the hydrant barrel
shall be set so that no portion of the pumper or hose nozzle cap
will be less than 12 inches nor more than 18 inches from the
outside face of the curb. When set in the lawn space between the
curb and the sidewalk, or between the sidewalk and the property
line, no portion of the hydrant or nozzle cap shall be within 6
inches of the sidewalk.
Each hydrant shall be connected to the main with a 6 inch
ductile iron pipe branch and an independent 6 inch gate valve. The
6 inch branch of the. main line fittings shall be equipped with
retaining lip and swivel gland for positive restraint without tie
rods. Any change in grade needed to properly place the hydrant
shall be accomplished by the use of an "S" fitting.
Drainage shall be provided at the base of the hydrant by
placing coarse gravel or crushed stone mixed with sand from the top
of the reaction backing to at least 6 inches above the waste
opening in the hydrant, and to a distance 3 feet around the elbow.
No drainage system shall be connected to a sewer.
hydrants shall be inspected for
of inlet elbow, handling damage,
The bowl of each hydrant shall be braced against unexcavated
earth at the end of the trench with concrete reaction backing. IN
NO CASE SHALL THE CONCRETE BACKING BLOCK OR IMPEDE FLOW FROM THE
FIRE HYDRANT DRAIN PORTS.
a
Part C, Construction Methods
1 • •
7. Blow -Off Construction:
The location of the blow -offs shall generally be as detailed.
The exact location as well as the orientation and length of the
piping shall be determined in the field to ascertain that the
vertical riser extends above natural grade.
8. Clean -Up:
These specifications shall apply in all cases unless the
landowner involved indicates to the City a willingness to waive
them. However, no waiver will relieve the contractor from the
requirement to refill sunken ditchlines as necessary and to control
erosion from the cut areas by seeding and mulching until grass is
established. Also, no waiver will relieve the contractor from the
requirement to leave the site neat and free from construction
debris of all kinds.
Any such waiver must be submitted in writing to the City and
• approved by the City Engineer.
There are generally three classifications of cleanup for water
line construction:
Class I Cleanup. Areas of construction within lawns, gardens,
or other well -kept areas, including street rights of way that
are kept as lawns by adjacent landowners.
Class II Cleanup. Areas of construction within fields,
meadows and street rights of way which are mowed or cultivated
(gardens excepted).
Class III Cleanup. Areas of construction that are heavily
brushed or wooded, steep rocky slopes, or other areas where it
' is not practical for the area to be cultivated.
The method of cleanup for each of the classes defined above
shall be as set out below.
' a) Class I Cleanup - Lawns, Gardens Etc. The trench shall be
backfilled in accordance with these Specifications. After the
topsoil has been replaced to the same depth as adjacent
' undisturbed areas over the damaged areas, the Contractor shall
proceed immediately to hand rake the entire construction area
to remove all rock 1/2 inch or larger in diameter. Debris of
every type shall be removed and all damaged tree limbs shall
' be pruned. After the area has been raked and accepted, it
shall be seeded at the rate of 0.15 pounds per 100 square
feet, using the following seed mixture (percent weight)
Part C, Construction Methods 9
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Lawn Fescue 40%
Blue Grass 30%
Rye Grass (Annual) 30%
During or after seeding is complete, all areas shall be
covered with 10-20-10 fertilizer at the rate of 250 pounds per
acre, or approximately one-half pound per 100 square feet. No
watering will be required. However, after seeding and
fertilization the entire area shall be rolled with a roller of
sufficient size and weight to achieve a smooth finished
surface prior to mulching.
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.
Where the existing ground cover does not contain any of the
grasses as set out in the seed mixture above (Bermuda grass,
Zoysia, etc.), the Contractor shall be responsible for
cutting, removing stockpiling and saving the existing sod on
the job site. After constructing the water line and
backfilling the trench, the sod shall be replaced to a
condition equal to or better than that prior to construction.
In the event that insufficient sod has been stcred, or sod has
been lost cr destroyed, the Contractor shall be responsible
for providing and installing new solid sod of the existing
type to complete the cleanup.
b) Class II Cleanup - Fields, Meadows, Etc. The trench shall
be backfilled in accordance with the Pipe Specifications.
After the backfill is completed and the surface over the
trench left slightly rounded, the area shall be machine raked
to remove all rock to a condition equal to the existing
surface on the better side of the adjacent existing right of
way.
All excess excavated material shall be removed from the site,
including excess material which has accumulated around
fence posts, trees, mailboxes, etc. All areas which have been
disturbed, such as that caused by equipment tracks, shall be
carefully backfilled and repaired as though it were a part of
the actual trench excavation. Seeding and fertilizing of
these areas is required using the seed mixture and application
rates set out below (percent expressed in terms of weight).
Field Fescue 40%
Rye Grass (Annual) 40%
White Clover (Common) 20%
Part C, Construction Methods
10
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.
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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.
c) 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 Brea of
fertilized at
using the same
as set out un
(Kentucky 31)
the trench line =hall
the rate of 0.15 pounds
seed mixture, fertilizer
9er Class II cleanup, ex(
shall be used in place of
then be seeded and
per 7.00 square feat
and application rates
ept that tall fescue
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 from
the site of the work.
During construction, the Contractor shall at all times keep
work areas in a clean, neat and workmanlike condition. Excess
pipe, excavation, brush and materials of construction shall be
removed and disposed of as the work progresses. In built-up
areas, including lawns, the job site shall be cleaned up
immediately behind construction. Streets and driveways
blocked by excess materials after basic construction is
completed will not be tolerated.
Part C, Construction Methods
11
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I, If the trench should settle while the Contractor is still on
the job or within two (2) years of the project completion
date, the Contractor shall make the required repairs at no
additional cost to the Owner in accordance with the continuing
responsibility provisions of these Specifications. Failure of
Contractor to make necessary repairs during .the one year
period will be cause for Owner to make or contract for such
repairs and invoice the Contractor for all costs.
' e) Restoration of Damaged Surfaces and Property. Where any
pavement, trees, shrubbery, fences, poles or other property
and surface structures have been damaged, removed or disturbed
by the Contractor, whether deliberately or through failure to
carry out the requirements of the contract documents, state
laws, municipal ordinances, or through failure to employ usual
and reasonable safeguards, such property and surface
structures shall be replaced or repaired at the expense of the
Contractor.
' f) Access after Construction. Unless otherwise directed, all
areas shall be graded after construction so as to be
accessible by four wheel drive vehicle.
These clean-up specifications shall apply to on -site
subdivision construction as well as off -site construction of water
lines. The fact that the installation of other utilities and/or
house building ectivitie' maj damage such erosion control. measures
shall not exempt the developer from this requirement.
' 9. Pavement Repairs:
All pavements which have been removed or damaged shall be
repaired in accordance with these Specifications depending upon the
type of pavement existing prior to construction.
' a. Asphaltic Pavement Repair. The existing pavement shall
be saw -cut and removed to a point 18 inches beyond thy:
' trench line limits, and brought to grade 9 inches below
the top of the existing pavement. Six inches of 3000 psi
concrete shall be placed and allowed to cure. This area
shall then be resurfaced by applying asphaltic cernant
prime coat at the rate of 0.25 gallons/square yard,
followed by a minimum of 3 inches of hot -mixed, hot -laid
asphaltic concrete, laid to an elevation matching the
' existing finished grade. The hot -mixed, hot -laid asphalt
shall be compacted to 92 percent of theoretical density.
' Part C, Construction Methods 12
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One nuclear densimeter test per asphaltic patch or repair
shall be performed. The asphaltic pavement repair shall
' be deemed acceptable by the Engineer upon a passing
nuclear densimeter test at a location as directed by the
Engineer. The cost of determining the compacted density
' shall be at the expense of the contractor.
Any unacceptable patch or repair shall be replaced and/or
recompacted and retested at the Contractor's expense.
Ib. Concrete Pavement Repair. The existing pavement shall
be saw -cut and removed to a point 18 inches beyond the
' trench line limits, and brought to grade 9 inches below
the top of the existing pavement. Concrete (4200 psi)
shall be placed to match the existing surface. Joint
sealer shall be placed in the area between the repaired
surface and the original surface.
IC. Unpaved Driving Surface Repair. After the trench has
been backfilled as set out elsewhere in these
Specifications, the surface shall be brought to the
existing grade with additional crushed stone base. I. Where special paving surfaces exist, such as natural gravel,
washed gravel, exposed aggregate, or other such special materials,
a then the final surfaces shall he replaced in kind except where
specifically noted otherwise.
13 Barricades, Guards and Safety "previsions_
To protect persons from injury and to avoid property damage,
adequate barricades, construction signs, warning lights and guards
as required shall be placed and maintained during the progress of
the construction work and until it is safe for traffic to use the
highway. All material piles, equipment and pipe which may serve as
obstructions to traffic shall be enclosed by fences or barricades
and shall be protected by proper lights when the visibility is
poor. Execution of all necessary safety precautions is the so:
responsibility of the Contractor.
11. Maintenance of Traffic and Closing of Streets:
The Contractor shall carry on the work in a manner which will
cause the least interruption to traffic, and may close to through
travel not more than two consecutive blocks, including the cross
street intersected. Where traffic must cross open trenches, the
Contractor shall provide suitable bridges at street intersections
and driveways.
Part C, Construction Methods 13
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The Contractor shall post suitable signs indicating that a
street is closed and necessary detour signs for a proper
maintenance of traffic. Three (3) days written notice to the
Mayor's office is required prior to the closing of any street.
Also, it will be the contractor's responsibility to notify all
emergency units (fire, police, EMS, etc.) prior to the closing or
1 partial closing of a street. The closing of State Highways shall
require approval of both the City and the State Highway and
Transportation Department.
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Part C, Construction Methods 14
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RESOLUTION NO. 144-03
A RESOLUTION AWARDING A CONSTRUCTION CONTRACT
IN THE AMOUNT OF SIX HUNDRED NINETY-THREE
THOUSAND SIX HUNDRED SIXTY-TWO DOLLARS ($693,662.00)
TO CROSSLAND HEAVY CONTRACTORS, INC. FOR GREGG
AVENUE WATERLINE IMPROVEMENTS - PHASE I;
APPROVING A PROJECT CONTINGENCY IN THE AMOUNT OF
EIGHTY THOUSAND DOLLARS ($80,000.00); AND APPROVING
A BUDGET ADJUSTMENT IN THE AMOUNT OF FIFTY-THREE
THOUSAND THREE HUNDRED NINETY-FOUR DOLLARS
($53,394.00) FOR SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby awards a construction contract in the amount of Six Hundred Ninety -
Three Thousand Six Hundred Sixty -Two Dollars ($693,662.00) to Crossland
Heavy Contractors, Inc. for Gregg Avenue Waterline Improvements - Phase I. A
copy of the contract, marked Exhibit "A" is attached hereto and made a part
hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a Project Contingency in the amount of Eighty Thousand
Dollars ($80,000.00) for same.
Section 2. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a budget adjustment in the amount of Fifty -Three Thousand
Three Hundred Ninety -Four Dollars ($53,394.00) for same.
PASSED and APPROVED this 7th day of October, 2003.
pYETit
By:
SONDRA SMITH, City Clerk
APPROVED:
By:
COODY,